laws on tuition fees
TRANSCRIPT
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REPUBLIC ACT NO. 6728
AN ACT PROVIDING GOVERNMENT ASSISTANCE TO STUDENTS AND TEACHERS IN PRIVATE
EDUCATION, AND APPROPRIATING FUNDS THEREFOR.
Section 1. Title. This Act shall be known as the "Government Assistance To Students and Teachers In
Private Education Act."
.
Sec. 2. Declaration of Policy. It is declared policy of the State in conformity with the mandate of the
Constitution, to promote and make quality education accessible to all Filipino citizens. The State also
hereby recognizes the complementary roles of public and private educational institutions in the
educational system and the invaluable contribution that the private schools have made and will make
to education. For these purposes, the State shall provide the mechanisms to improve quality in
private education by maximizing the use of existing resources of private education, recognizing in the
process the government responsibility to provide basic elementary and secondary education as having
priority over its function to provide for higher education. chan robles virtual law library
Sec. 3. Criteria for Assistance. The programs for assistance shall be based on a set of criteria whichshall include, among others, tuition fees charged by the schools, the socio-economic needs of each
region, overall performance of the schools, the academic qualifications and the financial needs of the
students, as well as the geographic spread and size of student population.chan robles virtual law
library
In addition to the foregoing criteria, within such reasonable time as the State Assistance Council may
determine, student grantees under the Private Education Student Financial Assistance Program shall
be enrolled in schools which have accredited programs or are applying for accreditation as
determined by the Federation of Accrediting Agencies of the Philippines, namely: The Philippine
Association of Accredited Schools, Colleges and Universities, the Association of Christian Schools and
Colleges Accrediting Agency, and the Philippine Association of Colleges and Universities Commission
on Accreditation. chan robles virtual law library
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Preference shall be given to students whose family income is not more than thirty six thousand pesos
(P36,000) or such amount as may be determined by the Council, as defined hereinafter.cralaw
For purposes of this Act, programs of assistance to students of private post-secondary education shall
likewise be extended to students of community colleges and students in non-degree programs
including vocational and technical courses. Implementation of the program shall encourage students
to undergo tertiary education in the same region where their families reside. chan robles virtual law
library
The programs of assistance under this Act shall be extended only to students who are citizens of the
Philippines.cralaw
Sec. 4. Forms of Assistance. Assistance to private education shall consist of:
(1) Tuition fee supplements for students in private high schools, including students in vocational and
technical courses;
(2) High School Textbook Assistance Fund: Provided, That students in public schools shall be provided
a comprehensive textbook program under the Secondary Education Development Program
(SEDP); chan robles virtual law library
(3) Expansion of the existing Educational Service Contracting (ESC) Scheme;
(4) The voucher system of the Private Education Student Financial Assistance Program (PESFA); chan
robles virtual law library
(5) Scholarship grants to students graduating as valedictorians and salutatorians from secondaryschools;
(6) Tuition fee supplements to students in private colleges and universities;
(7) Education Loan Fund; and chan robles virtual law library
(8) College Faculty Development Fund.
Sec. 5. Tuition Fee Supplement for Students in Private High School. (1) Financial assistance for
tuition for students in private high schools shall be provided by the government through a voucher
system in the following manner:
(a) For students enrolled in schools charging less than one thousand five hundred pesos (P1,500) per
year in tuition and other fees during school year 1988-1989 or such amount in subsequent years as
may be determined from time to time by the State Assistance Council: The Government shall provide
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them with a voucher equal to two hundred ninety pesos (P290.00): Provided, That the student pays in
the 1989-1990 school year, tuition and other fees equal to the tuition and other fees paid during the
preceding academic year: Provided, further, That the Government shall reimburse the vouchers from
the schools concerned within sixty (60) days from the close of the registration period: Provided,
furthermore, That the student's family resides in the same city or province in which the high school is
located unless the student has been enrolled in that school during the previous academic year.
(b) For students enrolled in schools charging above one thousand five hundred pesos (P1,500) per year
in tuition and other fees during the school year 1988-1989 or such amount in subsequent years as may
be determined from time to time by the State Assistance Council, no assistance for tuition fees shall
be granted by the Government: Provided, however, That the schools concerned may raise their tuition
fees subject to Section 10 hereof. chan robles virtual law library
(2) Assistance under paragraph (1), subparagraphs (a) and (b) shall be granted and tuition fees under
subparagraph (c) may be increased, on the condition that seventy percent (70%) of the amount
subsidized allotted for tuition fee or of the tuition fee increases shall go to the payment of salaries,
wages, allowances and other benefits of teaching and non-teaching personnel except administrators
who are principal stockholders of the school, and may be used to cover increases as provided for in
the collective bargaining agreements existing or in force at the time when this Act is approved and
made effective: Provided, That government subsidies are not used directly for salaries of teachers of
non-secular subjects. At least twenty percent (20%) shall go to the improvement or modernization of
buildings, equipment, libraries, laboratories, gymnasia and similar facilities and to the payment of
other costs of operation. For this purpose, school shall maintain a separate record of accounts for all
assistance received from the government, any tuition fee increase, and the detailed disposition and
use thereof, which record shall be made available for periodic inspection as may be determined by the
State Assistance Council, during business hours, by the faculty, the non-teaching personnel, students
of the school concerned, the Department of Education, Culture and Sports and other concerned
government agencies.chanrobles virtual law library
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Sec. 6. High School Textbook Assistance Fund. There shall be established in the Department of
Education, Culture and Sports (DECS) a High School Textbook Assistance Fund, so that an assistance on
a per student basis shall be given to private schools charging less than one thousand five hundred
pesos (P1,500.00) for 1988-1989 per year, or such amount in subsequent years as may be determined
from time to time by the State Assistance Council, exclusively for the purchase of high school
textbooks, in support of the implementation of the Secondary Education Development Program:
Provided, That such fund shall not be used for the purchase of books that will advance or inhibit
sectarian interest: Provided, further, That such textbooks are included in the list approved by the
Department of Education, Culture and Sports.
Sec. 7. Expansion of the Existing Educational Service Contracting (ESC) Scheme. (a) The Department
of Education, Culture and Sports (DECS) shall continue to enter into contracts with private schools
whereby the Government shall shoulder the tuition and other fees of excess students in public high
schools who shall enroll under this program. It shall settle all outstanding obligations before
contracting new obligations.chan robles virtual law library
(b) The Department shall also enter into contract with private schools in communities where there are
no public high schools, in which case the Department shall shoulder the tuition and other fees of
students who shall enroll in said private schools. The number of such schools assisted by the program
will be increased every year such that all schools in this category will be assisted within four (4) years
from the promulgation of this Act.cralaw
(c) The amount of assistance to be given by the Government under this Section shall not exceed that
determined as the per student cost in public high schools.chan robles virtual law library
(d) The Department shall fully pay the subsidized amount to participating schools not later than the
end of the schoolyear, unless the delay incurred is attributable to the participating schools.cralaw
(e) The amount of assistance shall be allocated and distributed among the fourteen (14) regions in
proportion to the total population as well as the high school age population for the first school year:
Provided, That starting school year 1990, an equalization scheme shall be implemented by the State
Assistance Council.chan robles virtual law library
Sec. 8. Assistance to College Freshmen. (a) The Voucher System of Private Education Student
Financial Assistance (PESFA) Program. The existing Private Education Student Financial Assistance
(PESFA) Program which covers degree and vocational/technical courses shall be expanded so that a
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Sec. 9. Further Assistance To Students in Private Colleges and Universities. Tuition fee supplements
for non-freshmen students of private colleges and universities in priority course programs determined
by the Department of Education, Culture and Sports shall be provided by the government through a
voucher system in the following manner: chan robles virtual law library
(a) For re-enrolling students in priority programs in schools, charging an effective per-unit tuition rate
of eighty pesos (P80) or less per unit or such amount in subsequent years as may be determined by
the State Assistance Council: The Government shall provide the student with a voucher with a value
equivalent to the tuition fee increase: Provided, That all schools in this category shall not be allowed
to raise their fees by more than twelve pesos (P12.00) per unit, for both priority and non-priority
courses; and Provided, That such assistance shall be given only to students who have completed one
academic year by June 1989 in priority programs and shall not apply to future college students and to
current college students who transfer outside of their region.chanrobles virtual law library
(b) For students in schools charging an effective per unit tuition rate of more than eighty pesos (P80)
per unit or such amount in subsequent years as may be determined from time to time by the Senate
Assistance Council: The Government shall provide no assistance, and the schools can determine their
own tuition rates, subject to Section 10 hereof: Provided, That they grant full or half-tuition waivers to
five percent (5%) of all their students.chan robles virtual law library
(c) Schools with accredited programs charging a tuition rate of less than eighty pesos (P80.00) per unit
or such amount in subsequent years as may be determined from time to time by the State Assistance
Council, may continue to determine tuition rates, subject to Section 10 hereof, and non-freshmen
students in their accredited priority courses will be entitled to a voucher equivalent to the tuition
increase as in paragraph (a) hereof.
(d) Government assistance and tuition increases as described in this Section shall be governed by the
same conditions as provided under Section 5 (2).
Sec. 10. Consultation. In any proposed increase in the rate of tuition fee, there shall be appropriate
consultations conducted by the school administration with the duly organized parents and teachers
associations and faculty associations with respect to secondary schools, and with students
governments or councils, alumni and faculty associations with respect to colleges. For this purpose,
audited financial statements shall be made available to authorized representatives of these sectors.
Every effort shall be exerted to reconcile possible differences. In case of disagreement, the alumni
association of the school or any other impartial body of their choosing shall act as arbitrator.
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Sec. 11. Education Loan Fund. (a) "Study Now, Pay Later Plan". There is hereby created a special
fund to be known as the Students' Loan Fund to be administered by the Department of Education,
Culture and Sports, or upon delegation by the Department, by the Student Loan Fund Authority
created under Republic Act No. 6014 which is hereby reinstituted pursuant to the terms of the same
Republic Act which shall be used to finance educational loans to cover matriculation and other school
fees and educational expenses for book, subsistence and board and lodging. chan robles virtual law
library
(b) Amounts covering payments for tuition, matriculation and other school fees shall be paid directly
to the school concerned.
(c) Any loan granted under this Section shall be paid by the student-debtor after he has finished the
course or profession for which the proceeds of the loan was expended, but only after a period of two
(2) years from the time he has acquired an employment: Provided, however, That interest at the rate
of not more than twelve percent per annum shall accrue on the balance thereof.cralaw
(d) Social Security Fund. The Social Security System Fund shall make available low interest educational
loans to its members and to private educational institutions for school buildings and/or improvement
of their plants and facilities. chan robles virtual law library
Sec. 12. Limitation. The right of any student to avail himself of the benefits under this Act shall not
apply:
(a) If he fails for one (1) schoolyear in the majority of the academic subjects in which he has enrolled
during the course of his study unless such failure is due to some valid cause beyond his control;
and chan robles virtual law library
(b) If he enrolls for the first time, or transfers, outside of the region where he is domiciled unless the
course he wants to pursue is a priority course as determined by the Department of Education, Culture
and Sports and is not offered in any private school in his region.chanrobles virtual law library
Sec. 13. College Faculty Development Fund. For the purpose of improving the quality of teaching in
higher education, there is hereby established in Department of Education, Culture and Sports a
College Faculty Development Fund to provide for scholarships for graduate degrees and non-degree
workshops or seminars for faculty members in private colleges and universities: Provided, That faculty
member recipients of such scholarships shall serve three (3) years return service for every year of
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scholarship availed of. The scholarship shall be in priority courses as determined by the Department of
Education, Culture and Sports in coordination with the National Economic Development Authority
(NEDA) and cannot be awarded to promote or inhibit sectarian purposes.chan robles virtual law
library
Sec. 14. Program Administration/Rules and Regulations. The State Assistance Council shall be
responsible for policy guidance and direction, monitoring and evaluation of new and existing
programs, and the promulgation of rules and regulations, while the Department of Education, Culture
and Sports shall be responsible for the day to day administration and program implementation.
Likewise, it may engage the services and support of any qualified government or private entity for its
implementation.chanrobles virtual law library
The State Assistance Council (SAC), hereinafter known as the Council, shall be headed by the Secretary
of Education, Culture and Sports as chairman, with representatives from NEDA, DBM, DOST, and
representatives from duly organized nationwide associations of teachers, students and school
administrators as members. The last three (3) members shall be appointed by the President upon the
recommendation of their respective sectors for a term of four (4) years.cralaw
The Council shall meet, from time to time, as the need arises, to assess the effectivity of the programs
and to ensure that schools, colleges and universities where student recipients are enrolled continue to
provide quality education. For this purpose, the Council shall establish criteria, including accreditation
status, to determine which schools, colleges and universities may continue to enroll students who are
recipients of government assistance under this Act. chan robles virtual law library
Sec. 15. Appropriations. (a) The appropriations of the Department of Education, Culture and Sports
authorized in General Appropriations Act for Fiscal Year 1989, Republic Act No. 6688, for A.7.d
Implementation of programs for secondary education, A.7.e Implementation of programs for higher
education, A.7.g Implementation of free secondary education shall be reduced as far as practicable on
a proportionate basis by region to provide funds for the requirements of this Act in Fiscal Year 1989:
Provided, That savings from any other item of appropriation of the Department of Education, Culture
and Sports may be utilized for the implementation of this Act in Fiscal Year 1989: Provided, further,
That any deficiency shall be taken from any or all of the following sources:
(1) Portions of the coconut levies authorized under Republic Act No. 620 and Presidential Decree No.
1468 and other laws earmarked to finance scholarships for the benefit of deserving children of the
coconut farmers, and the income thereof: Provided, That such funds shall be used exclusively for the
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program of assistance for said children including their books, board and lodging and other allowances
in case these are not provided in a particular program of assistance; chan robles virtual law library
(2) Twenty percent (20%) of the travel tax and airport departure tax collections;
(3) Ten percent (10%) of any funds collected by the Sugar Regulatory Administration or the Philippine
Coconut Authority for students in provinces where they are collected; chan robles virtual law library
(4) Ten percent (10%) of the net income of the Development Bank of the Philippines;
(5) Portions of the Overseas Welfare Fund to benefit the dependents or children of overseas workers;
and
(6) Any other lump sum appropriations or collections under the supervision and control of the Office
of the President.
Provided, finally, That the total amount made available to carry out the purposes of this Act shall not
exceed five hundred million pesos (P500M) for Fiscal Year 1989. chan robles virtual law library
Thereafter, such amount as may be necessary for its continued implementation shall be included in
the annual General Appropriations Act.
(b) The amount of assistance on a per student basis as determined under Section 5(a) and (b) and
Section 9(a) of this Act shall remain the same for the subsequent years unless Congress provides
otherwise. chan robles virtual law library
Sec. 16. Penalties. In case of any violation of the provisions of this Act or the rules and regulations
promulgated pursuant thereto by an institution, the Department of Education, Culture and Sports,
upon the recommendation of the Council, may bar the institution from participating in or benefiting
from the programs of this Act, and from other programs of the Department, without prejudice to
administrative and criminal charges as may be filed against the school and/or its responsible officers
under existing laws.cralaw
Any school who shall refuse, as required under paragraph (1) (c) of Section 5, Section 8 (b) and Section
9 (b), to furnish copies of their audited financial statements to concerned sectors with whom they are
having consultations prior to tuition fee increases, shall forfeit the right to increase their tuition fees,
in addition to other penalties or sanctions as may be imposed under the preceding paragraph or by
existing laws.cralaw
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Sec. 17. Repealing Clause. All laws and decrees particularly Presidential Decree Nos. 932 and 1371
and such letters of instruction, rules and regulations or parts thereof which are inconsistent with this
Act are hereby repealed or modified accordingly.cralaw
Sec. 18. Separability Clause. If any provision of this Act is declared unconstitutional, the same shall
not affect the validity and effectivity of the other provisions not affected thereby.chan robles virtual
law library
Sec. 19. Effectivity Clause. This Act shall take effect immediately upon its publication in English in
an English newspaper and in Filipino in a Filipino newspaper, both of general circulation. chan robles
virtual law library
Approved:June 10, 1989
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REPUBLIC ACT NO. 6139
AN ACT TO REGULATE TUITION AND OTHER SCHOOL FEES OF PRIVATE EDUCATIONAL INSTITUTION,
PROVIDING FOR THE SETTLEMENT OF CONTROVERSIES THEREON AND FOR OTHER PURPOSES.
Section 1.It is hereby declared to be the policy of this Act to regulate tuition and other fees charged by
private schools in order to discourage the collection of exorbitant and unreasonable fees.chanrobles
virtualaw library
Sec. 2.Within the limits and under the circumstances set forth in this Act, the Secretary of Education
shall have the authority to regulate tuition and/or other school fees that each private school, college,
university or any other educational institution as defined in Act Numbered Twenty-seven hundred and
six, including nurseries and kindergarten schools, may impose.chanrobles virtualaw library
Sec. 3.Any private educational institution proposing to increase the tuition and/or other fees being
charged and/or collected by it for any course shall adopt the following procedure:
(a) At least 180 days before the school year, semester, or term in which the increase is to be effective, it
shall serve written notice thereof on the student council or government, or in case of schools or courses
below the college or university level, on the Association of Parents, or in default thereof, the Parents-
Teachers Association of the school concerned.
Likewise, notice of such proposal shall be sent by personal delivery or registered mail to the Director of
Private Schools, copy furnished the Regional Superintendent of the Bureau of Private Schools.
Appropriate circulars containing the proposal shall be posted by the school administration in at least
two conspicuous place within the premises of the school concerned.
The notice of the proposal to increase shall, among other things, state the following: (1) the current fees
or charges and the amount of increase (2) the reason or reasons for the proposed increase (3) the
semester, term or school year in which the increase is proposed to take effect, and (4) a statement that
if no opposition is filed until the thirtieth day from the posting of the notice, the increase shall become
effective under this Act.
(b) If after such notice is made, a formal opposition against such increase is presented to the school
administration within thirty days after receipt of said notice by at least a majority of the student
governing body or at least twenty per cent of the parents, in case of schools below college or university
level, then the Local Schools Council on Fees herein created shall be convened to act on the controversy.
Copy of said opposition shall be served on the Director of Private Schools who shall immediately, upon
receipt, transmit said opposition to the corresponding Regional Superintendent of private schools and
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Education, who shall, after giving notice and opportunity to be heard to interested parties, act upon said
appeal at least sixty days before the close of the school year preceding that to which the increase shall
apply and shall become enforceable beginning the school year following. An appeal shall stay the
execution of decision of the Local School Council on Fees. The decision of the Secretary shall be final and
bidding from its promulgation.
If no appeal is made within the period herein provided, the decision shall become final and binding from
the expiration of said period.chanrobles virtualaw library
Sec. 5.Any private educational institution proposing to decrease the tuition and/or other fees being
charged and/or collected by it for any course shall serve notice of its proposal to decrease on the
student council or government, and in case of schools below the college or university level on the
Association of Parents or in default thereof, on the Parents-Teachers Association at least ninety days
before the school year, term or semester in which it is proposed to take effect. Notice of such proposal
shall be sent by personal delivery or registered mail within the same period to the Director of Public
Schools, copy furnished the Regional Superintendent of the Private Schools in the area.
Notice of the proposal to decrease shall, among other things, state the following: (1) the current fees or
charges and the amount of decrease; (2) the reason or reasons for the proposed decrease; and (3) the
semester, term or school year in which the decrease is supposed to take effect.
If no opposition is presented to the Director of Private Schools by any interested party within thirty days
after such notice is received, the decrease shall be considered authorized. If an opposition is presented
to the Director of Private Schools by any interested party within said period, the Director of Private
Schools shall notify the interested parties, and after giving them the opportunity to be heard and to
present evidence, shall decide the matter at least thirty days before the school year, term or semester in
which the decrease is to take effect. The decision of the Director of Private Schools on decrease of fees
shall be considered final.chanrobles virtualaw library
Sec. 6.In case of appeal from a decision on the increase of tuition or other fees, the Secretary of
Education shall determine the reasonableness of the same taking into consideration, among others, the
factors mentioned in Sec. 3 (c) of this Act.chanrobles virtualaw library
Sec. 7.In cases of extraordinary causes, such as fluctuations in currency, strikes, and other unforseeable
occurrences, the one hundred eighty day- period prescribed in Sec. 3 (a) shall be shortened to ninety
days; the thirty-day period in Sec. 3 (b) to fifteen days, and the one hundred-day period in Sec. 3 (c) to
sixty days. The decision of the Secretary of Education, in case of appeal, shall be promulgated at the
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PRESIDENTIAL DECREE No. 451 May 11, 1974
AUTHORIZING THE SECRETARY OF EDUCATION AND CULTURE TO REGULATE THE IMPOSITION OF
TUITION AND OTHER SCHOOL FEES, REPEALING REPUBLIC ACT NO. 6139, AND FOR OTHER PURPOSES
WHEREAS, private schools, colleges and universities have been faced with increasingly serious
problems arising from decreasing incomes due to slump in enrolment and increasing operational costs
brought about by the rise in prices of instructional materials and educational, as well as allied
services;
WHEREAS, it is imperative that private educational institutions upgrade classroom instruction by
improving their facilities and hiring competent teachers in all levels of education, provide salary and
or wage increases and other benefits to their teaching, administrative and other personnel to keep up
with the increasing cost of living;
WHEREAS, the procedure prescribed under R.A. No. 6139 for the increase of tuition and other school
fees has been proved to be too cumbersome and time-consuming, and is not conducive to the growth
and improvement of private educational institutions and the well-being of their employees,
particularly those in the lower income groups and
WHEREAS, in order to alleviate the sad plight of private schools, their personnel and all those directly
and indirectly dependent on school incomes it advisable and necessary that the cumbersome and
time-consuming procedures fixed under Republic Act No. 6139 for increasing tuition fees be simplified
without opening the flood-gates to abuse of the right to increase tuition and other school fees.
NOW, THEREFORE, I, FERDINAND E. MARCOS, President of the Philippines, by virtue of the powers
vested in me by the Constitution do hereby decree and order the following as part of the law of the
land:
Section 1. Authority of Secretary of Education and Culture. Within the limits and under the
circumstances set forth in this Decree, the Secretary of Education and Culture shall have the authority
to regulate the imposition of tuition and other school fees or charges by any and all private schools as
defined under Act Numbered Two thousand seven hundred and six, as amended. No changes in the
rates of tuition or other school fees or charges shall be effective without the prior approval of the
Secretary of Education and Culture. New school fees or charges to be imposed by new or existing
schools, whether for new courses or other matters, shall be at such reasonable rates as may be
determined by the Secretary of Education and culture based on the standard of such school.
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Sec. 6. Review of Financial Statements. Financial statements submitted in accordance with the
provisions of Sec. 2 hereof may be reviewed by the Commission on Audit at the instance of the
Secretary of Education and Culture whenever he believes that the same is necessary for verification
purposes. For this purpose, the Commission on Audit is authorized to examine the pertinent books
and record of the school concerned.
Sec. 7. Additional Scholarships. As a further condition to any grant of increase in tuition or other
school fees, private schools with a total enrolment of at least one thousand, are hereby required to
provide free scholarships to poor but deserving students at the ratio of one (1) free scholarship for
every five hundred (500) pupils/students enrolled: Provided, That this requirement shall be exclusive
of the present practice of private schools offering scholarship privileges to valedictorians and
salutatorians and other pupils/students who have achieved scholastic distinctions. Neither shall other
forms of scholarships such as those offered to athletes and working students be included in arriving atthe proper number of poor but deserving pupils/students to be given free scholarships.
Sec. 8. Penal Clause. Any violation of the provisions of this Decree or of the rules or regulations
promulgated pursuant thereto or any final decision made by the Secretary of Education and Culture
shall be punishable by a fine of five thousand (P5,000.00) pesos or imprisonment of two years or both
at the discretion of the court which penalty shall be imposed on the official(s) of the private school or
on any person acting for and in behalf of the school directly responsible for the violation. If the
violator is a public official the same penalty shall be imposed without prejudice to any administrative
action which may be taken against him.
Sec. 9. Repealing Clause. Republic Act No. 6139 is hereby repealed, and all laws, decrees, executive
orders, directives and rules and regulations inconsistent herewith are likewise repealed, amended or
modified accordingly.
Section 10. Effectivity. This Decree shall take effect immediately.
Done in the City of Manila, this 11th day of May, in the year of Our Lord, nineteen hundred and
seventy-four.
DEC ISSUANCE
IMPLEMENTING RULES AND REGULATIONS FOR PRESIDENTIAL DECREE NO. 451
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Pursuant to Sec. 4 of Presidential Decree No. 451, in relation to Section 1 thereof, the following
implementing rules and regulations are hereby prescribed and promulgated for the guidance of all
concerned:
RULE I
Policy and Scope
Section 1. Scope. The rules and regulations herein prescribed shall apply to all private schools, colleges
and universities duly authorized or recognized by the Government.
Sec. 2. Authority to Regulate. The Secretary of Education and Culture has the authority to regulate any
increase or change in the rate of tuition and/or other school fees or charges collected from pupils or
students and/or their parents by all private schools, colleges and universities.
Any increase or change including new fees in private schools, colleges, and universities shall not be
effective without the prior approval of the Secretary of Education and Culture.
Sec. 3. Purpose of Increase. As a general rule, the purpose or purposes for which any increase or
change in the current rates of tuition and/or other school fees or charges of private schools, colleges
and universities shall be to upgrade and update classroom instruction by improving their facilities and
hiring competent teachers in all levels of education, provide salary and/or wage increase and other
benefits to their teaching, administrative and other personnel to keep up with the increasing cost of
living, and to grant student assistance and establish extension services.
Sec. 4. Effectivity of Increase. Unless otherwise provided, the effectivity of each approval of an
application for increase or change in tuition and/or other school fees or charges, including new fees or
charges, shall be specified and indicated on the action taken by the Secretary of Education and
Culture.
RULE II
Definition of Terms
Section 1. Unless otherwise specifically defined the following terms shall be understood thus
a) Tuition fee covers the school charges for the subjects or course enrolled in by a pupil or student, as
indicated in the respective prospectuses, colleges and universities, which may either be on a term or
yearly basis or per unit or units.
b) Other school fees includes all miscellaneous fees charged to be charged by private schools, colleges
and universities as embodied in their respective prospectuses, bulletins of information, or catalogues,
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which are collected and earmarked for certain specified purposes pursuant to existing laws, rules and
regulations.
c) Current school fees means the tuition and other school fees collected or charged by private schools,
colleges and universities as approved, indicated and published in their respective prospectuses,
bulletins of information, or catalogues.
d) Increase in fees means any addition in the amount of the current tuition and/or other school fees
as defined in subsections (a), (b), and (c) herein.
e) New fee or charge means those which are imposed by new schools or by existing schools which are
not included in their public bulletin or catalogue.
RULE III
Application
Section 1. Period of Filing. For the school year 1974-75, each application for increase in tuition and/or
other school fees or charges, including new fees or charges, together with all necessary supporting
documents, shall be filed directly by mail or personal delivery to the Director of Private Schools in
Manila.
Sec. 2. Contents. The application referred to in the preceding section shall indicate, among others, (a)
the purpose and jurisdiction for the proposed increase in tuition and/or other school fees or other
charges, (b) the itemized current rates of tuition fee or other school charges, (c) the corresponding
proposed percentage increase, (d) the revised rates to be imposed or collected, (e) the proposed
allocation and program of expenses to be effected if the petition is approved, and (f) the effectivity in
point of school year on a term at which time the new rates shall be implemented.
Sec. 3. Notices. Application for increase in tuition fee and/or other school charges, or for new fees or
charges, shall be announced by the school administration.
Sec. 4. Oath and Other Requirements. The application shall be signed by the school head, under oath,
and shall include as annexes (a) copy of the financial statement showing the financial status of the
school, college or university, duly certified correct by a licensed Certified Public Accountant; and (b)
copy of the latest tax returns filed by the school, college or university with the Bureau of Internal
Revenue, or in the negative, and lieu of the required tax returns, a corresponding statement relative
thereto by the school head or his duly authorized representative; and (c) a certification by the school
head to the effect that the application for increase has been announced.
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RULE VI
Miscellaneous
Section 1. Prohibitions. No school administration shall sponsor or hold any benefit performances,
movies, concerts, dramatic presentations, games and/or shows of whatever kind or nature whether
for charity or otherwise. Any such act on the part of the school administration shall be considered a
circumvention of Presidential Decree No. 451 and shall accordingly be taken as sufficient cause for the
cancellation of the latest approval of the increase in tuition and/or other school fees or charges of the
school, college or university concerned granted by the Secretary of Education and Culture, if any, or a
valid ground for the denial or disapproval of its application if one is pending consideration.
Sec. 2. Penal Provision. Pursuant to Sec. 8 of Presidential Decree No. 451, any violation of the law or
any provisions of these Implementing Rules and Regulations, or any final decision made by the
Secretary of Education and Culture shall be punishable by a fine of Five thousand pesos (5,000.00) or
imprisonment of two (2) years or both at the discretion of the court, which penalty shall be imposed
on the official(s) of the private school or any person acting for and in behalf of the school directly
responsible for the violation. If the violator be a public official the same penalty shall be imposed
without prejudice to any administrative action that may be taken against him.
Sec. 3. Repealed Clause. All existing rules and regulations inconsistent with the present Implementing
Rules and Regulations are repealed, cancelled, revoked, or modified accordingly.
Sec. 4. Effectivity. These implementing rules and regulations shall be effective immediately.
Manila Philippines, May 13, 1974.
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Republic Act 6728
Government Assistance To Students and Teachers In Private Education Act
Files:
Republic Act 6728
AN ACT PROVIDING ASSISTANCE TO STUDENTS AND TEACHERS
Section 1. Title.This Act shall be known as the "Government Assistance To
Students and Teachers In Private Education Act."
Sec. 2. Declaration of Policy.It is declared policy of the State in conformity with the
mandate of the Constitution, to promote and make quality education accessible to all
Filipino citizens. The State also hereby recognizes the complementary roles of public andprivate educational institutions in the educational system and the invaluable contribution
that the private schools have made and will make to education. For these purposes, the
State shall provide the mechanisms to improve quality in private education by
maximizing the use of existing resources of private education, recognizing in the process
the government responsibility to provide basic elementary and secondary education as
having priority over its function to provide for higher education.
Sec. 3. Criteria for Assistance. The programs for assistance shall be based on a set
of criteria which shall include, among others, tuition fees charged by the schools, thesocio-economic needs of each region, overall performance of the schools, the academic
qualifications and the financial needs of the students, as well as the geographic spread
and size of student population.
In addition to the foregoing criteria, within such reasonable time as the State Assistance
Council may determine, student grantees under the Private Education Student Financial
Assistance Program shall be enrolled in schools which have accredited programs or are
applying for accreditation as determined by the Federation of Accrediting Agencies of the
Philippines, namely: The Philippine Association of Accredited Schools, Colleges and
Universities, the Association of Christian Schools and Colleges Accrediting Agency, and
the Philippine Association of Colleges and Universities Commission on Accreditation.
Preference shall be given to students whose family income is not more than thirty six
thousand pesos (P36,000) or such amount as may be determined by the Council, as
defined hereinafter.
http://www.pcw.gov.ph/sites/default/files/documents/laws/republic_act_6728.pdfhttp://www.pcw.gov.ph/sites/default/files/documents/laws/republic_act_6728.pdfhttp://www.pcw.gov.ph/sites/default/files/documents/laws/republic_act_6728.pdf -
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For purposes of this Act, programs of assistance to students of private post-secondary
education shall likewise be extended to students of community colleges and students in
non-degree programs including vocational and technical courses. Implementation of the
program shall encourage students to undergo tertiary education in the same region
where their families reside.
The programs of assistance under this Act shall be extended only to students who are
citizens of the Philippines.
Sec. 4. Forms of Assistance.Assistance to private education shall consist of:
1. Tuition fee supplements for students in private high schools, including students invocational and technical courses;
2. High School Textbook Assistance Fund: Provided, That students in public schoolsshall be provided a comprehensive textbook program under the Secondary
Education Development Program (SEDP);
3. Expansion of the existing Educational Service Contracting (ESC) Scheme;4. The voucher system of the Private Education Student Financial Assistance Program
(PESFA);
5. Scholarship grants to students graduating as valedictorians and salutatorians fromsecondary schools;
6. Tuition fee supplements to students in private colleges and universities;7. Education Loan Fund; and8. College Faculty Development Fund.
Sec. 5. Tuition Fee Supplement for Students in Private High School.
(1)Financial assistance for tuition for students in private high schools shall be provided by
the government through a voucher system in the following manner:
(a) For students enrolled in schools charging less than one thousand five hundred
pesos (P1,500) per year in tuition and other fees during school year 1988-1989 or such
amount in subsequent years as may be determined from time to time by the State
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Assistance Council: The Government shall provide them with a voucher equal to two
hundred ninety pesos (P290.00): Provided, That the student pays in the 1989-1990
school year, tuition and other fees equal to the tuition and other fees paid during the
preceding academic year: Provided, further, That the Government shall reimburse the
vouchers from the schools concerned within sixty (60) days from the close of theregistration period: Provided, furthermore, That the student's family resides in the same
city or province in which the high school is located unless the student has been enrolled
in that school during the previous academic year.
(b) For students enrolled in schools charging above one thousand five hundred pesos
(P1,500) per year in tuition and other fees during the school year 1988-1989 or such
amount in subsequent years as may be determined from time to time by the State
Assistance Council, no assistance for tuition fees shall be granted by the Government:
Provided, however, That the schools concerned may raise their tuition fees subject to
Section 10 hereof.
(2) Assistance under paragraph (1), subparagraphs (a) and (b) shall be granted and
tuition fees under subparagraph (c) may be increased, on the condition that seventy
percent (70%) of the amount subsidized allotted for tuition fee or of the tuition fee
increases shall go to the payment of salaries, wages, allowances and other benefits of
teaching and non-teaching personnel except administrators who are principal
stockholders of the school, and may be used to cover increases as provided for in the
collective bargaining agreements existing or in force at the time when this Act is
approved and made effective: Provided, That government subsidies are not used directly
for salaries of teachers of non-secular subjects. At least twenty percent (20%) shall go to
the improvement or modernization of buildings, equipment, libraries, laboratories,
gymnasia and similar facilities and to the payment of other costs of operation. For this
purpose, school shall maintain a separate record of accounts for all assistance received
from the government, any tuition fee increase, and the detailed disposition and use
thereof, which record shall be made available for periodic inspection as may be
determined by the State Assistance Council, during business hours, by the faculty, the
non-teaching personnel, students of the school concerned, the Department of Education,
Culture and Sports and other concerned government agencies.
Sec. 6. High School Textbook Assistance Fund.There shall be established in the
Department of Education, Culture and Sports (DECS) a High School Textbook Assistance
Fund, so that an assistance on a per student basis shall be given to private schools
charging less than one thousand five hundred pesos (P1,500.00) for 1988-1989 per year,
or such amount in subsequent years as may be determined from time to time by the
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State Assistance Council, exclusively for the purchase of high school textbooks, in
support of the implementation of the Secondary Education Development Program:
Provided, That such fund shall not be used for the purchase of books that will advance or
inhibit sectarian interest: Provided, further, That such textbooks are included in the list
approved by the Department of Education, Culture and Sports.
Sec. 7. Expansion of the Existing Educational Service Contracting (ESC)
Scheme.
(a) The Department of Education, Culture and Sports (DECS) shall continue to enter into
contracts with private schools whereby the Government shall shoulder the tuition and
other fees of excess students in public high schools who shall enroll under this program.
It shall settle all outstanding obligations before contracting new obligations.
(b) The Department shall also enter into contract with private schools in communitieswhere there are no public high schools, in which case the Department shall shoulder the
tuition and other fees of students who shall enroll in said private schools. The number of
such schools assisted by the program will be increased every year such that all schools in
this category will be assisted within four (4) years from the promulgation of this Act.
(c) The amount of assistance to be given by the Government under this Section shall not
exceed that determined as the per student cost in public high schools.
(d) The Department shall fully pay the subsidized amount to participating schools not
later than the end of the schoolyear, unless the delay incurred is attributable to the
participating schools.
(e) The amount of assistance shall be allocated and distributed among the fourteen (14)
regions in proportion to the total population as well as the high school age population for
the first school year: Provided, That starting school year 1990, an equalization scheme
shall be implemented by the State Assistance Council.
Sec. 8. Assistance to College Freshmen.
(a) The Voucher System of Private Education Student Financial Assistance (PESFA)
Program. The existing Private Education Student Financial Assistance (PESFA) Program
which covers degree and vocational/technical courses shall be expanded so that a
minimum of ten percent (10%) for the school year 1989, fifteen percent (15%) for the
school year 1990, twenty percent (20%) for the school year 1991, twenty-five percent
(25%) for the school year 1992 and thereafter, of all enrolling first year students can
benefit from a full or partial scholarship, plus an allowance. Such financial assistance
shall be granted to deserving underprivileged students, who shall be selected on the
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basis of family income, geographic spread and results of competitive examinations to be
given by the Department of Education, Culture and Sports to students in all secondary
schools. The program shall be equitably allocated to provinces and cities in accordance
with regional and national plans to priority courses as determined by the Department of
Education, Culture and Sports in coordination with the National Economic DevelopmentAuthority (NEDA). The priority courses shall be submitted to Congress at the start of this
program and any changes thereon periodically.
For purposes of this Act, an underprivileged student shall refer to a student whose
annual gross income, if any, and that of the combined annual gross income of his parents
do not exceed thirty-six thousand pesos (P36,000).
(b) Tuition Waiver.Private colleges and universities shall provide for full or half
tuition waivers for five percent (5%) of the entering freshmen, which shall include amongothers, valedictorians and salutatorians of both public high schools and private high
schools charging less than one thousand five hundred pesos (P1,500) per student per
year as of school year 1988-1989, or such amount in subsequent years as may be
determined by the State Assistance Council: Provided, That those valedictorians and
salutatorians meet admission tests and retention requirements of the schools concerned.
For this purpose, the tuition rates for entering freshmen in all private schools and
colleges may be determined by the school itself, after appropriate consultations with
parents, students and the alumni of the school. For this purpose, audited financial
statements shall be made available to authorized representatives of these sectors.
(c)Allowance of Valedictorians.Subject to rules and regulations as may be
promulgated by the State Assistance Council, valedictorians referred to under
subparagraph (b) above, may, in addition to tuition waivers granted by the school
concerned, be entitled to such allowances from the government as are provided to PESFA
grantees, provided they shall enroll in priority courses.
(d) Allowance for other Honorees.In case the graduating class is composed of
more than two hundred and fifty students, all salutatorians and first honorable mention
graduates thereof may also be entitled to the allowance granted to valedictorians under
the preceding paragraph.
Sec. 9. Further Assistance To Students in Private Colleges and Universities.
Tuition fee supplements for non-freshmen students of private colleges and universities in
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priority course programs determined by the Department of Education, Culture and Sports
shall be provided by the government through a voucher system in the following manner:
(a) For re-enrolling students in priority programs in schools, charging an effective per-
unit tuition rate of eighty pesos (P80) or less per unit or such amount in subsequentyears as may be determined by the State Assistance Council: The Government shall
provide the student with a voucher with a value equivalent to the tuition fee increase:
Provided, That all schools in this category shall not be allowed to raise their fees by more
than twelve pesos (P12.00) per unit, for both priority and non-priority courses; and
Provided, That such assistance shall be given only to students who have completed one
academic year by June 1989 in priority programs and shall not apply to future college
students and to current college students who transfer outside of their region.
(b) For students in schools charging an effective per unit tuition rate of more than
eighty pesos (P80) per unit or such amount in subsequent years as may be determinedfrom time to time by the Senate Assistance Council: The Government shall provide no
assistance, and the schools can determine their own tuition rates, subject to Section 10
hereof: Provided, That they grant full or half-tuition waivers to five percent (5%) of all
their students.
(c) Schools with accredited programs charging a tuition rate of less than eighty pesos
(P80.00) per unit or such amount in subsequent years as may be determined from time
to time by the State Assistance Council, may continue to determine tuition rates, subject
to Section 10 hereof, and non-freshmen students in their accredited priority courses will
be entitled to a voucher equivalent to the tuition increase as in paragraph (a) hereof.
(d) Government assistance and tuition increases as described in this Section shall be
governed by the same conditions as provided under Section 5 (2).
Sec. 10. Consultation.In any proposed increase in the rate of tuition fee, there
shall be appropriate consultations conducted by the school administration with the duly
organized parents and teachers associations and faculty associations with respect to
secondary schools, and with students governments or councils, alumni and faculty
associations with respect to colleges. For this purpose, audited financial statements shall
be made available to authorized representatives of these sectors. Every effort shall be
exerted to reconcile possible differences. In case of disagreement, the alumni association
of the school or any other impartial body of their choosing shall act as arbitrator.
Sec. 11. Education Loan Fund.
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(a) "Study Now, Pay Later Plan". There is hereby created a special fund to be known
as the Students' Loan Fund to be administered by the Department of Education, Culture
and Sports, or upon delegation by the Department, by the Student Loan Fund Authority
created under Republic Act No. 6014 which is hereby reinstituted pursuant to the terms
of the same Republic Act which shall be used to finance educational loans to covermatriculation and other school fees and educational expenses for book, subsistence and
board and lodging.
(b) Amounts covering payments for tuition, matriculation and other school fees shall be
paid directly to the school concerned.
(c) Any loan granted under this Section shall be paid by the student-debtor after he has
finished the course or profession for which the proceeds of the loan was expended, but
only after a period of two (2) years from the time he has acquired an employment:Provided, however, That interest at the rate of not more than twelve percent per annum
shall accrue on the balance thereof.
(d) Social Security Fund.The Social Security System Fund shall make available low
interest educational loans to its members and to private educational institutions for
school buildings and/or improvement of their plants and facilities.
Sec. 12. Limitation. The right of any student to avail himself of the benefits under
this Act shall not apply:
(a) If he fails for one (1) schoolyear in the majority of the academic subjects in which
he has enrolled during the course of his study unless such failure is due to some valid
cause beyond his control; and
(b) If he enrolls for the first time, or transfers, outside of the region where he is
domiciled unless the course he wants to pursue is a priority course as determined by the
Department of Education, Culture and Sports and is not offered in any private school in
his region.
Sec. 13. College Faculty Development Fund.For the purpose of improving the
quality of teaching in higher education, there is hereby established in Department of
Education, Culture and Sports a College Faculty Development Fund to provide for
scholarships for graduate degrees and non-degree workshops or seminars for faculty
members in private colleges and universities: Provided, That faculty member recipients
of such scholarships shall serve three (3) years return service for every year of
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scholarship availed of. The scholarship shall be in priority courses as determined by the
Department of Education, Culture and Sports in coordination with the National Economic
Development Authority (NEDA) and cannot be awarded to promote or inhibit sectarian
purposes.
Sec. 14. Program Administration/Rules and Regulations.The State Assistance
Council shall be responsible for policy guidance and direction, monitoring and evaluation
of new and existing programs, and the promulgation of rules and regulations, while the
Department of Education, Culture and Sports shall be responsible for the day to day
administration and program implementation. Likewise, it may engage the services and
support of any qualified government or private entity for its implementation.
The State Assistance Council (SAC), hereinafter known as the Council, shall be
headed by the Secretary of Education, Culture and Sports as chairman, withrepresentatives from NEDA, DBM, DOST, and representatives from duly organized
nationwide associations of teachers, students and school administrators as members. The
last three (3) members shall be appointed by the President upon the recommendation of
their respective sectors for a term of four (4) years.
The Council shall meet, from time to time, as the need arises, to assess the effectivity of
the programs and to ensure that schools, colleges and universities where student
recipients are enrolled continue to provide quality education. For this purpose, the
Council shall establish criteria, including accreditation status, to determine which schools,
colleges and universities may continue to enroll students who are recipients of
government assistance under this Act.
Sec. 15. Appropriations.
(a) The appropriations of the Department of Education, Culture and Sports authorized in
General Appropriations Act for Fiscal Year 1989, Republic Act No. 6688, for A.7.d
Implementation of programs for secondary education, A.7.e Implementation of programs
for higher education, A.7.g Implementation of free secondary education shall be reduced
as far as practicable on a proportionate basis by region to provide funds for the
requirements of this Act in Fiscal Year 1989: Provided, That savings from any other item
of appropriation of the Department of Education, Culture and Sports may be utilized for
the implementation of this Act in Fiscal Year 1989: Provided, further, That any deficiency
shall be taken from any or all of the following sources:
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1. Portions of the coconut levies authorized under Republic Act No. 620 andPresidential Decree No. 1468 and other laws earmarked to finance scholarships for
the benefit of deserving children of the coconut farmers, and the income thereof:
Provided, That such funds shall be used exclusively for the program of assistance
for said children including their books, board and lodging and other allowances incase these are not provided in a particular program of assistance;
2. Twenty percent (20%) of the travel tax and airport departure tax collections;3. Ten percent (10%) of any funds collected by the Sugar Regulatory Administration
or the Philippine Coconut Authority for students in provinces where they are
collected;
4. Ten percent (10%) of the net income of the Development Bank of the Philippines;5. Portions of the Overseas Welfare Fund to benefit the dependents or children of
overseas workers; and
6. Any other lump sum appropriations or collections under the supervision and controlof the Office of the President.
Provided, finally, That the total amount made available to carry out the purposes of this
Act shall not exceed five hundred million pesos (P500M) for Fiscal Year 1989.
Thereafter, such amount as may be necessary for its continued implementation shall beincluded in the annual General Appropriations Act.
(b) The amount of assistance on a per student basis as determined under Section 5(a)
and (b) and Section 9(a) of this Act shall remain the same for the subsequent years
unless Congress provides otherwise.
Sec. 16. Penalties.In case of any violation of the provisions of this Act or the rules
and regulations promulgated pursuant thereto by an institution, the Department of
Education, Culture and Sports, upon the recommendation of the Council, may bar theinstitution from participating in or benefiting from the programs of this Act, and from
other programs of the Department, without prejudice to administrative and criminal
charges as may be filed against the school and/or its responsible officers under existing
laws.
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Batas Pambansa Blg: 232 | Date: 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. TitleThis Act shall be known as the Education Act of 1982.
Section 2. CoverageThis 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 PolicyIt 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 nations 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 ObjectivesThe 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
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Section 8. Rights of ParentsIn 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 SchoolIn 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.
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Section 10. Rights of all School PersonnelIn 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 StaffFurther 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 AdministrationSchool 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 SchoolsIn addition to other rights provided for by law, schools shall enjoy the
following:
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1. The right of their governing boards or lawful authorities to provide for the proper governance of the
school and to adopt and enforce administrative or management systems.
2. The right for institutions of higher learning to determine on academic grounds who shall be
admitted to study, who may teach, and what shall be subjects of the study and research.
CHAPTER 3
Duties and Obligations
Section 14. Duties of Parents.In addition to those provided for under existing laws, all parents shall
have the following duties and obligations:
1. Parents, individually or collectively, through the school systems, shall help carry out the educational
objectives in accordance with national goals.
2. Parents shall be obliged to enable their children to obtain elementary education and shall strive to
enable them to obtain secondary and higher education in the pursuance of the right formation of the
youth.
3. Parents shall cooperate with the school in the implementation of the school program curricular and
co-curricular.
Section 15. Duties and Responsibilities of StudentsIn 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. Teachers Obligations Every teacher shall:
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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 latters 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 PersonnelAcademic non-teaching personnel
shall:
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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 societys primary learning system, and therefore the main instrument for the achievement of the
countrys educational goals and objectives.
Section 20. DefinitionFormal 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 EducationThe 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 childs 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 childs knowledge of, identification with, and love for the nation and
the people to which he belongs; and
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4. To promote work experiences which develop the childs 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 nations manpower in the skills required for national development;
3. To develop the professions that will provide leadership for the nation; and
4. To advance knowledge through research work and apply new knowledge for improving the quality
of human life and responding effectively to changing societal needs and conditions.
CHAPTER 2
Non-Education and Specialized Educational Services
Section 24. Specialized Educational ServiceThe 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:
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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 AccreditationThe 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 SchoolsEach 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 BoardEvery 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 TransactionsThe 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
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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 PolicyIt 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 FundsPublic 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 SchoolsThe 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 GovernmentProvinces, 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 FundThe 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 FeesSecondary and post-secondary schools may charge tuition
and other school fees, in order to improve facilities or to accommodate more students.
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Section 39. Income from other SourcesGovernment-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 SchoolsPrivate schools may be funded from their capital investment
or equity contribu