Codals

1987 Constitution - Article XIV Education, Science and Technology, Arts, Culture and Sports

ARTICLE XIV EDUCATION, SCIENCE AND TECHNOLOGY, ARTS, CULTURE AND SPORTS

EDUCATION

Section 1. The State shall protect and promote the right of all citizens to quality education at all levels, and shall take appropriate steps to make such education accessible to all.

Section 2. The State shall:

1. Establish, maintain, and support a complete, adequate, and integrated system of education relevant to the needs of the people and society;

2. Establish and maintain, a system of free public education in the elementary and high school levels. Without limiting the natural rights of parents to rear their children, elementary education is compulsory for all children of school age;

3. Establish and maintain a system of scholarship grants, student loan programs, subsidies, and other incentives which shall be available to deserving students in both public and private schools, especially to the under-privileged;

4. Encourage non-formal, informal, and indigenous learning systems, as well as self-learning, independent, and out-of-school study programs particularly those that respond to community needs; and

5. Provide adult citizens, the disabled, and out-of-school youth with training in civics, vocational efficiency, and other skills.

Section 3.

1. All educational institutions shall include the study of the Constitution as part of the curricula.

2. They shall inculcate patriotism and nationalism, foster love of humanity, respect for human rights, appreciation of the role of national heroes in the historical development of the country, teach the rights and duties of citizenship, strengthen ethical and spiritual values, develop moral character and personal discipline, encourage critical and creative thinking, broaden scientific and technological knowledge, and promote vocational efficiency.

3. At the option expressed in writing by the parents or guardians, religion shall be allowed to be taught to their children or wards in public elementary and high schools within the regular class hours by instructors designated or approved by the religious authorities of the religion to which the children or wards belong, without additional cost to the Government.

Section 4.

1. The State recognizes the complementary roles of public and private institutions in the educational system and shall exercise reasonable supervision and regulation of all educational institutions.

2. Educational institutions, other than those established by religious groups and mission boards, shall be owned solely by citizens of the Philippines or corporations or associations at least sixty per centum of the capital of which is owned by such citizens. The Congress may, however, require increased Filipino equity participation in all educational institutions. The control and administration of educational institutions shall be vested in citizens of the Philippines. No educational institution shall be established exclusively for aliens and no group of aliens shall comprise more than one-third of the enrollment in any school. The provisions of this sub Section shall not apply to schools established for foreign diplomatic personnel and their dependents and, unless otherwise provided by law, for other foreign temporary residents.

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

4. Subject to conditions prescribed by law, all grants, endowments, donations, or contributions used actually, directly, and exclusively for educational purposes shall be exempt from tax.

Section 5.

1. the State shall take into account regional and sectoral needs and conditions and shall encourage local planning in the development of educational policies and programs.

2. Academic freedom shall be enjoyed in all institutions of higher learning.

3. Every citizen has a right to select a profession or course of study, subject to fair, reasonable, and equitable admission and academic requirements.

4. The State shall enhance the right of teachers to professional advancement. Non-teaching academic and non-academic personnel shall enjoy the protection of the State.

5. The State shall assign the highest budgetary priority to education and ensure that teaching will attract and retain its rightful share of the best available talents through adequate remuneration and other means of job satisfaction and fulfillment.

LANGUAGE

Section 6. The national language of the Philippines is Filipino. As it evolves, it shall be further developed and enriched on the basis of existing Philippine and other languages.

Subject to provisions of law and as the Congress may deem appropriate, the Government shall take steps to initiate and sustain the use of Filipino as a medium of official communication and as language of instruction in the educational system.

Section 7. For purposes of communication and instruction, the official languages of the Philippines are Filipino and, until otherwise provided by law, English.

The regional languages are the auxiliary official languages in the regions and shall serve as auxiliary media of instruction therein.

Spanish and Arabic shall be promoted on a voluntary and optional basis.

Section 8. This Constitution shall be promulgated in Filipino and English and shall be translated into major regional languages, Arabic, and Spanish.

Section 9. The Congress shall establish a national language commission composed of representatives of various regions and disciplines which shall undertake, coordinate, and promote researches for the development, propagation, and preservation of Filipino and other languages.

SCIENCE AND TECHNOLOGY

Section 10. Science and technology are essential for national development and progress. The State shall give priority to research and development, invention, innovation, and their utilization; and to science and technology education, training, and services. It shall support indigenous, appropriate, and self-reliant scientific and technological capabilities, and their application to the country's productive systems and national life.

Section 11. The Congress may provide for incentives, including tax deductions, to encourage private participation in programs of basic and applied scientific research. Scholarships, grants-in-aid, or other forms of incentives shall be provided to deserving science students, researchers, scientists, inventors, technologists, and specially gifted citizens.

Section 12. The State shall regulate the transfer and promote the adaptation of technology from all sources for the national benefit. It shall encourage the widest participation of private groups, local governments, and community-based organizations in the generation and utilization of science and technology.

Section 13. The State shall protect and secure the exclusive rights of scientists, inventors, artists, and other gifted citizens to their intellectual property and creations, particularly when beneficial to the people, for such period as may be provided by law.

ARTS AND CULTURE

Section 14. The State shall foster the preservation, enrichment, and dynamic evolution of a Filipino national culture based on the principle of unity in diversity in a climate of free artistic and intellectual expression.

Section 15. Arts and letters shall enjoy the patronage of the State. The State shall conserve, promote, and popularize the nation's historical and cultural heritage and resources, as well as artistic creations.

Section 16. All the country's artistic and historic wealth constitutes the cultural treasure of the nation and shall be under the protection of the State which may regulate its disposition.

Section 17. The State shall recognize, respect, and protect the rights of indigenous cultural communities to preserve and develop their cultures, traditions, and institutions. It shall consider these rights in the formulation of national plans and policies.

Section 18.

1. The State shall ensure equal access to cultural opportunities through the educational system, public or private cultural entities, scholarships, grants and other incentives, and community cultural centers, and other public venues.

2. The State shall encourage and support researches and studies on the arts and culture.

SPORTS

Section 19.

1. The State shall promote physical education and encourage sports programs, league competitions, and amateur sports, including training for international competitions, to foster self-discipline, teamwork, and excellence for the development of a healthy and alert citizenry.

2. All educational institutions shall undertake regular sports activities throughout the country in cooperation with athletic clubs and other sectors.

Republic Act No. 9155 - Governance of Basic Education Act of 2001

REPUBLIC ACT NO. 9155, August 11, 2001

AN ACT INSTITUTING A FRAMEWORK OF GOVERNANCE FOR BASIC EDUCATION, ESTABLISHING AUTHORITY AND ACCOUNTABILITY, RENAMING THE DEPARTMENT OF EDUCATION, CULTURE AND SPORTS AS THE DEPARTMENT OF EDUCATION, AND FOR OTHER PURPOSE Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembled:

Section 1. Short Title. - This Act shall be known as the "Governance of Basic Education Act of 2001."

Section 2. Declaration of Policy. - It is hereby declared the policy of the State to protect and promote the right of all citizens to quality basic education and to make such education accessible to all by providing all Filipino children a free and compulsory education in the elementary level and free education in the high school level. Such education shall also include alternative learning systems for out-of-school youth and adult learners. It shall be the goal of basic education to provide them with the skills, knowledge and values they need to become caring, self- reliant, productive and patriotic citizens.

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

Governance of basic education shall begin at the national level. It is at the regions, divisions, schools and learning centers - herein referred to as the field offices - where the policy and principle for the governance of basic education shall be translated into programs, projects and services developed, adapted and offered to fit local needs.

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

Section 3. Purposes and Objectives. - The purposes and objectives of this Act are: To provide the framework for the governance of basic education which shall set the general directions for educational policies and standards and establish authority, accountability and responsibility for achieving higher learning outcomes;

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

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

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

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

To encourage local initiatives for the improvement of schools and learning centers and to provide the means by which these improvements may be achieved and sustained; and To establish schools and learning centers as facilities where schoolchildren are able to learn a range of core competencies prescribed for elementary and high school education programs or where the out-of-school youth and adult learners are provided alternative learning programs and receive accreditation for at least the equivalent of a high school education.

Section 4. Definition of Terms. - For purposes of this Act, the terms or phrases used shall mean or be understood as follows: Alternative Learning System - is a parallel learning system to provide a viable alternative to the existing formal education instruction. It encompasses both the non- formal and informal sources of knowledge and skills;

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

Cluster of Schools - is a group of schools which are geographically contiguous and brought together to improve the learning outcomes;

Formal Education - is the systematic and deliberate process of hierarchically structured and sequential learning corresponding to the general concept of elementary and secondary level of schooling. At the end of each level, the learner needs a certification in order to enter or advance to the next level;

Informal Education - is a lifelong process of learning by which every person acquires and accumulates knowledge, skills, attitudes and insights from daily experiences at home, at work, at play and from life itself;

Integrated Schools - is a school that offers a complete basic education in one school site and has unified instructional programs;

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

Learning Center - is a physical space to house learning resources and facilities of a learning program for out-of-school youth and adults. It is a venue for face-to-face learning activities and other learning opportunities for community development and improvement of the people's quality of life;

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

Non-Formal Education - is any organized, systematic educational activity carried outside the framework of the formal system to provide selected types of learning to a segment of the population;

Quality Education - is the appropriateness, relevance and excellence of the education given to meet the needs and aspirations of an individual and society;

School - is an educational institution, private and public, undertaking educational operation with a specific age-group of pupils or students pursuing defined studies at defined levels, receiving instruction from teachers, usually located in a building or a group of buildings in a particular physical or cyber site; and School Head - is a person responsible for the administrative and instructional supervision of the school or cluster of schools.

CHAPTER 1

GOVERNANCE OF BASIC EDUCATION

Section 5. Principles of Shared Governance. - Shared governance is a principle which recognizes that every unit in the education bureaucracy has a particular role, task and responsibility inherent in the office and for which it is principally accountable for outcomes;

The process of democratic consultation shall be observed in the decision- making process at appropriate levels. Feedback mechanisms shall be established to ensure coordination and open communication of the central office with the regional, division and school levels;

The principles of accountability and transparency shall be operationalized in the performance of functions and responsibilities at all levels; and The communication channels of field offices shall be strengthened to facilitate flow of information and expand linkages with other government agencies, local government units and nongovernmental organizations for effective governance;

Section 6. Governance. - The Department of Education, Culture and Sports shall henceforth be called the Department of Education. It shall be vested with authority, accountability and responsibility for ensuring access to, promoting equity in, and improving the quality of basic education. Arts, culture and sports shall be as provided for in Sections 8 and 9 hereof.

Section 7. Powers, Duties and Functions. - The Secretary of the Department of Education shall exercise overall authority and supervision over the operations of the Department.

National Level In addition to his/her powers under existing laws, the Secretary of Education shall have authority, accountability and responsibility for the following: Formulating national educational policies;

Formulating a national basic education plan; Promulgating national educational standards; Monitoring and assessing national learning outcomes;

Undertaking national educational research and studies; Enhancing the employment status, professional competence, welfare and working conditions of all personnel of the Department; and Enhancing the total development of learners through local and national programs and/or projects.

The Secretary of Education shall be assisted by not more than four (4) undersecretaries and not more than four (4) assistant secretaries whose assignments, duties and responsibilities shall be governed by law. There shall be at least one undersecretary and one assistant secretary who shall be career executive service officers chosen from among the staff of the Department.

Regional Level There shall be as many regional offices as may be provided by law. Each regional office shall have a director, an assistant director and an office staff for program promotion and support, planning, administrative and fiscal services.

Consistent with the national educational policies, plans and standards, the regional director shall have authority, accountability and responsibility for the following: Defining a regional educational policy framework which reflects the values, needs and expectations of the communities they serve;

Developing a regional basic education plan; Developing regional educational standards with a view towards benchmarking for international competitiveness;

Monitoring, evaluating and assessing regional learning outcomes; Undertaking research projects and developing and managing regionwide projects which may be funded through official development assistance and/or other funding agencies;

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

Formulating, in coordination with the regional development council, the budget to support the regional educational plan which shall take into account the educational plans of the divisions and districts;

Determining the organization component of the divisions and districts and approving the proposed staffing pattern of all employees in the divisions and districts;

Hiring, placing and evaluating all employees in the regional office, except for the position of assistant director; Evaluating all schools division superintendents and assistant division superintendents in the region;

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

Managing the database and management information system of the region; Approving the establishment of public and private elementary and high schools and learning centers; and Performing such other functions as may be assigned by proper authorities.

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

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

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

Hiring, placing and evaluating all division supervisors and schools district supervisors as well as all employees in the division, both teaching and non-teaching personnel, including school heads, except for the assistant division superintendent;

Monitoring the utilization of funds provided by the national government and the local government units to the schools and learning centers;

Ensuring compliance of quality standards for basic education programs and for this purpose strengthening the role of division supervisors as subject area specialists;

Promoting awareness of and adherence by all schools and learning centers to accreditation standards prescribed by the Secretary of Education;

Supervising the operations of all public and private elementary, secondary and integrated schools, and learning centers; and Performing such other functions as may be assigned by proper authorities.

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

The schools district supervisor shall be responsible for: Providing professional and instructional advice and support to the school heads and teachers/facilitators of schools and learning centers in the district or cluster thereof;

Curricula supervision; and Performing such other functions as may be assigned by proper authorities. School Level There shall be a school head for all public elementary schools and public high schools or a cluster thereof. The establishment of integrated schools from existing public elementary and public high schools shall be encouraged.

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

Consistent with the national educational policies, plans and standards, the school heads shall have authority, accountability and responsibility for the following: Setting the mission, vision, goals and objectives of the school;

Creating an environment within the school that is conducive to teaching and learning; Implementing the school curriculum and being accountable for higher learning outcomes;

Developing the school education program and school improvement plan; Offering educational programs, projects and services which provide equitable opportunities for all learners in the community;

Introducing new and innovative modes of instruction to achieve higher learning outcomes; Administering and managing all personnel, physical and fiscal resources of the school;

Recommending the staffing complement of the school based on its needs; Encouraging staff development; Establishing school and community networks and encouraging the active participation of teachers organizations, non-academic personnel of public schools, and parents-teachers- community associations;

Accepting donations, gifts, bequests and grants for the purpose of upgrading teachers'/learning facilitators' competencies, improving and expanding school facilities and providing instructional materials and equipment. Such donations or grants must be reported to the appropriate district supervisors and division superintendents; and Performing such other functions as may be assigned by proper authorities.

The Secretary of Education shall create a promotions board, at the appropriate levels, which shall formulate and implement a system of promotion for schools division supervisors, schools district supervisors, and school heads. Promotion of school heads shall be based on educational qualification, merit and performance rather than on the number of teachers/learning facilitators and learners in the school.

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

No appointment to the positions of regional directors, assistant regional directors, schools division superintendents and assistant schools division superintendents shall be made unless the appointee is a career executive service officer who preferably shall have risen from the ranks.

CHAPTER 2

TRANSFER OF CULTURAL AGENCIES

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

CHAPTER 3

ABOLITION OF THE BUREAU OF PHYSICAL EDUCATION AND SCHOOL SPORTS

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

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

CHAPTER 4

SUPPORT AND ASSISTANCE OF OTHER GOVERNMENT AGENCIES

Section 10. The Secretary of Education and the Secretary of Budget and Management shall, within ninety (90) days from the approval of this Act, jointly promulgate the guidelines on the allocation, distribution and utilization of resources provided by the national government for the field offices, taking into consideration the uniqueness of the working conditions of the teaching service. The Secretary of the Department of Education shall ensure that resources appropriated for the field offices are adequate and that resources for school personnel, school desks and textbooks and other instructional materials intended are allocated directly and released immediately by the Department of Budget and Management to said offices.

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

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

CHAPTER 5

FINAL PROVISIONS

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

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

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

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

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

Approved, (Sgd.) AQUILINO Q. PIMENTEL JR. (Sgd.) FELICIANO BELMONTE JR. President of the Senate Speaker of the House of Representatives This Act which is a consolidation of House Bill No. 10732 and Senate Bill No. 2191 was finally passed by the House of Representatives and the Senate on June 6, 2001 and June 7, 2001, respectively.

(Sgd.) LUTGARDO B. BARBO (Sgd.) ROBERTO P. NAZARENO Secretary of the Senate Secretary of the House of Representatives Approved:

GLORIA MACAPAGAL-ARROYO

President of the Philippines Lapsed into law on AUG 11 2001 without the signature of the President, in accordance with Article VI, Section 27 (1) of the Constitution.

Republic Act No. 7722 - Higher Education Act of 1994

Commission on Higher Education Republic Act 7722 Higher Education Act of 1994 Republic of the Philippines Congress of the Philippines Metro Manila Second Regular Session Begun and held in Metro Manila, on Monday the twenty- sixth day of July, nineteen hundred and ninety-three.

REPUBLIC ACT NO. 7722

AN ACT CREATING THE COMMISSION ON HIGHER EDUCATION,

APPROPRIATING FUNDS THEREFOR AND FOR OTHER PURPOSES

REPUBLIC ACT NO. 7722

AN ACT CREATING THE COMMISSION ON HIGHER EDUCATION,

APPROPRIATING FUNDS THEREFOR AND FOR OTHER

PURPOSES Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembled:

Section 1. Title. - This Act shall be known as the "Higher Education Act of 1994".

Section 2. Declaration of Policy. - The State shall protect, foster and promote the right of all citizens to affordable quality education at all levels and shall take appropriate steps to ensure that education shall be accessible to all. The State shall likewise ensure and protect academic freedom and shall promote its exercise and observance for the continuing intellectual growth, the advancement of learning and research, the development of responsible and effective leadership, the education of high-level and middle-level professionals, and the enrichment of our historical and cultural heritage.

State-supported institutions of higher learning shall gear their programs to national, regional or local development plans.

Finally, all institutions of higher learning shall exemplify through their physical and natural surroundings the dignity and beauty of, as well as their pride in, the intellectual and scholarly life.

Section 3. Creation of the Commission on Higher Education. - In pursuance of the abovementioned policies, the Commission on Higher Education is hereby created, hereinafter referred to as the Commission.

The Commission shall be independent and separate from the Department of Education, Culture and Sports (DECS), and attached to the Office of the President for administrative purposes only. Its coverage shall be both public and private institutions of higher education as well as degree-granting programs in all post-secondary educational institutions, public and private.

Section 4. Composition of the Commission. - The Commission shall be composed of five (5) full-time members. During the transition period which begins upon approval of this Act, the President may appoint the Secretary of Education, Culture and Sports as ex officio chairman of the Commission for a maximum period of one (1) year. Thereafter, the President shall appoint a Chairman of the Commission and four (4) commissioners, who shall be holders of earned doctorate(s), who have been actively engaged in higher education for at least ten (10) years, and must not have been candidates for elective positions in the elections immediately preceding their appointment. They shall be academicians known for their high degree of professionalism and integrity who have distinguished themselves as authorities in their chosen fields of learning. The members of the Commission shall belong to different academic specializations.

In no case shall any and all of the Commissioners appoint representatives to act on their behalf.

Section 5. Term of Office. - The President shall appoint the full-time chairman and the commissioners for a term of four (4) years, without prejudice to one reappointment. The terms of the initial appointees shall be on a staggered basis: the full-time chairman shall hold office for a term of four (4) years, the next two (2) commissioners for three (3) years, and the last two (2) commissioners for two (2) years.

The commissioners shall hold office until their successors shall have been appointed and qualified. Should a member of the Commission fail to complete his term, his successor shall be appointed by the President of the Philippines but only for the unexpired portion of the term.

Section 6. Rank and Emoluments. - The chairman and the commissioners shall have the rank of a Department Secretary and Undersecretary, respectively. They shall receive the compensation and other emoluments corresponding to those of a Department Secretary and Undersecretary, respectively, and shall be subject to the same disqualifications.

Section 7. Board of Advisers. - There shall be constituted a Board of Advisers which shall meet with the Commission at least once a year to assist it in aligning its policies and plans with the cultural, political and socioeconomic development needs of the nation and with the demands of world-class scholarship.

The Board of Advisers shall be composed of the following: a. the Secretary of Education, Culture and Sports, as chairman;

b. the Director-General of the National Economic and Development Authority, as co-chairman; c. the Secretary of Science and Technology;

d. the Secretary of Trade and Industry; e. the Secretary of Labor and Employment; f. the President of the Federation of Accrediting Associations of the Philippines (FAAP); and g. the President of the Fund for Assistance to Private Education (FAPE).

Two (2) additional members of the Board of Advisers may be appointed by the President upon recommendation of the Commission.

Section 8. Powers and Functions of the Commission. - The Commission shall have the following powers and functions: a. formulate and recommend development plans, policies, priorities, and programs on higher education and research;

b. formulate and recommend development plans, policies, priorities and programs on research; c. recommend to the executive and legislative branches, priorities and grants on higher education and research;

d. set minimum standards for programs and institutions of higher learning recommended by panels of experts in the field and subject to public hearing, and enforce the same;

e. monitor and evaluate the performance of programs and institutions of higher learning for appropriate incentives as well as the imposition of sanctions such as, but not limited to, diminution or withdrawal of subsidy, recommendation on the downgrading or withdrawal of accreditation, program termination or school closure;

f. identify, support and develop potential centers of excellence in program areas needed for the development of world-class scholarship, nation building and national development;

g. recommend to the Department of Budget and Management the budgets of public institutions of higher learning as well as general guidelines for the use of their income;

h. rationalize programs and institutions of higher learning and set standards, policies and guidelines for the creation of new ones as well as the conversion or elevation of schools to institutions of higher learning, subject to budgetary limitations and the number of institutions of higher learning in the province or region where creation, conversion or elevation is sought to be made;

i. develop criteria for allocating additional resources such as research and program development grants, scholarships, and other similar programs: Provided, That these shall not detract from the fiscal autonomy already enjoyed by colleges and universities;

j. direct or redirect purposive research by institutions of higher learning to meet the needs of agro-industrialization and development;

k. devise and implement resource development schemes; l. administer the Higher Education Development Fund, as described in Section 10 hereunder, which will promote the purposes of higher education;

m. review the charters of institutions of higher learning and state universities and colleges including the chairmanship and membership of their governing bodies and recommend appropriate measures as basis for necessary action;

n. promulgate such rules and regulations and exercise such other powers and functions as may be necessary to carry out effectively the purpose and objectives of this Act; and o. perform such other functions as may be necessary for its effective operations and for the continued enhancement, growth or development of higher education.

Section 9. The Secretariat. - The Commission shall organize a secretariat which shall be headed by an executive officer, subject to the national compensation and position classification plan. It shall fix the secretariat's staffing pattern, determine the duties, qualifications, responsibilities and functions, as well as the compensation scheme for the positions to be created upon the recommendation of the executive officer.

It shall also prepare and approve its budget. The Commission shall appoint the members of the staff upon the recommendation of the executive officer.

Section 10. The Higher Education Development Fund. - A Higher Education Development Fund, hereinafter referred to as the Fund, is hereby established exclusively for the strengthening of higher education in the entire country.

a. The Government's contribution to the Fund shall be the following: 1. the amount of Five hundred million pesos (P500,000,000) as seed capital;

2. the amount of Fifty million pesos (P50,000,000) for the initial operation of the Commission; 3. the equivalent of forty percent (40%) annual share on the total gross collections of the travel tax;

4. the equivalent of thirty percent (30%) share of the collections from the Professional Registration Fee; and 5. the equivalent of one percent (1%) of the gross sales of the lotto operation of the Philippine Charity Sweepstakes Office (PCSO).

b. Starting Fiscal Year 1995 and every year thereafter, government financing institutions identified and requested by the Commission may contribute to the Fund an amount equivalent to not less than three percent (3%) but not more than five percent (5%) of their unimpaired surplus realized during the immediately preceding year.

c. The Fund shall have a private portion to be raised from donations, gifts, and other conveyances including materials, equipment, properties and services by gratuitous title.

Section 11. Management and Administration of the Higher Education Development Fund. - The Fund shall be administered by the Commission. For sound and judicious management of the Fund, the Commission shall appoint a reputable government financial institution as portfolio manager of the Fund, subject to the following conditions.

As administrator of the Fund, the Commission shall prepare the necessary guidelines for its use, subject to the following conditions: a. No part of the seed capital of the Fund, including earnings thereof, shall be used to underwrite overhead expenses for administration;

b. Unless otherwise stipulated by the private donor, only earnings of private contributions shall be used for administrative expenses;

c. The Commission shall appoint and organize a separate staff, independent administratively and budgetarily separate from the Commission Secretariat; and d. The Fund shall be utilized equitably according to regions and programs.

Section 12. The Technical Panels. - The Commission shall reconstitute and/or organize technical panels for different disciplines/program areas. They shall assist the Commission in setting standards and in program and institution monitoring and evaluation. The technical panels shall be composed of senior specialists or academicians to be appointed by the Commission.

Section 13. Guarantee of Academic Freedom. - Nothing in this Act shall be construed as limiting the academic freedom of universities and colleges. In particular, no abridgment of curricular freedom of the individual educational institutions by the Commission shall be made except for: (a) minimum unit requirements for specific academic programs; (b) general education distribution requirements as may be determined by the Commission; and (c) specific professional subjects as may be stipulated by the various licensing entities. No academic or curricular restriction shall be made upon private educational institutions which are not required for chartered state colleges and universities.

Section 14. Accreditation. - The Commission shall provide incentives to institutions of higher learning, public and private, whose programs are accredited or whose needs are for accreditation purposes.

Section 15. Tax Exemptions. - Any donation, contribution, bequest, and grant which may be made to the Commission shall constitute as allowable deduction from the income of the donor for income tax purposes and shall be exempt from donor's tax, subject to such conditions as provided under the National Internal Revenue Code, as amended.

Section 16. Authority. - The Commission shall exercise such authority as may be deemed necessary within its premises or areas of operation to effectively carry out its powers and functions and to attain its objectives: Provided, That the Commission may seek the assistance of other government agencies for the proper implementation of this Act.

Section 17. Appropriation. - The amount of Five hundred million pesos (P500,000,000) is hereby authorized to be appropriated for the seed capital of the Fund. The additional amount of Fifty million pesos (P50,000,000) is hereby authorized to be appropriated out of the funds in the National Treasury not otherwise appropriated or out of the Philippine Amusement and Gaming Corporation (PAGCOR) funds for the initial operation of the Commission.

The sum equivalent to the appropriations for the current year for the Bureau of Higher Education and the degree- granting-programs of the Bureau of Technical-Vocational Education, including those for higher and tertiary education and degree granting vocational and technical programs of the Bureau of Technical-Vocational Education in the regional offices, as well as parts of the budgetary items under the DECS budget that are concerned with higher and tertiary education and degree-granting vocational and technical programs such as those for personal services, maintenance and other operating expenses and capital outlay, shall be transferred to the Commission.

Thereafter, the funds necessary shall be included in the General Appropriations Act.

Section 18. Transitory Provisions. - Such personnel, properties, assets and liabilities, functions and responsibilities of the Bureau of Higher Education, including those for higher and tertiary education and degree-granting vocational and technical programs in the regional offices, under the Department of Education, Culture and Sports, and other government entities having functions similar to those of the Commission are hereby transferred to the Commission.

The Commission shall have the authority to appoint its own personnel. All regular or permanent employees transferred to the Commission shall not suffer any loss of seniority or rank or decrease in emoluments. Personnel of the Bureau of Higher Education not otherwise transferred to the Commission shall be reassigned by the DECS in any of its offices and bureaus: Provided, however, That, any employee who cannot be accommodated shall be given all the benefits as may be provided under existing laws, rules and regulations.

Jurisdiction over DECS-supervised or chartered state- supported post-secondary degree-granting vocational and technical programs and tertiary institutions shall be transferred to the Commission.

A transitory body is hereby created which shall be composed of the Secretary of Education, Culture and Sports (DECS), Chair of the Senate Committee on Education, Arts and Culture, Chair of the House Committee on Education and Culture, a representative each of the Association of Christian Schools and Colleges (ACSC), the Catholic Educational Association of the Philippines (CEAP), the Philippine Association of Colleges and Universities (PACU), the Philippine Association of Private Schools, Colleges and Universities (PAPSCU), the Philippine Association of State Universities and Colleges (PASUC), and the Philippine Association of Private Technical Institutions (PAPTI).

The transitory body shall facilitate the complete and full operation of the Commission which shall not be later than three (3) months after the effectivity of this Act. It shall likewise, promulgate the rules and regulations necessary to effectively implement the smooth and orderly transfer to the Commission.

The transition period not exceeding three (3) months shall commence from the approval of this Act.

Section 19. Repealing Clause. - All laws, presidential decrees, executive orders, rules and regulations or parts thereof which are inconsistent with the provisions of this Act are hereby repealed or modified accordingly.

Section 20. Separability Clause. - If any part or provision of this Act shall be held unconstitutional or invalid, other provisions hereof which are not affected thereby shall continue to be in full force and effect.

Section 21. Effectivity. - This Act shall take effect upon its approval. Approved, (SGD.) JOSE DE VENECIA, JR. Speaker of the House of Representatives (SGD.) CAMILO L. SABIO Secretary General House of Representatives (SGD.) EDGARDO J. ANGARA President of the Senate (SGD.) EDGARDO E. TUMANGAN Secretary of Senate This Act, which is a consolidation of Senate Bill No. 1453 and the House Bill No. 12200, was finally passed by the Senate and the House of Representatives on May 4, 1994 and May 17, 1994, respectively.

Approved: 18 May 1994 (SGD.) FIDEL V. RAMOS President of the Philippines Printed by the CHED-Publication Division 2010

Republic Act No. 4670 - Magna Carta for Public School Teachers

REPUBLIC ACT NO. 4670, June 18, 1966

THE MAGNA CARTA FOR PUBLIC SCHOOL TEACHERS. Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembled: I. DECLARATION OF POLICY - COVERAGE

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

Section 2.

TITLE

- Definition. - This Act shall be known as he "Magna Carta for Public School Teachers" and shall apply to all public school teachers except those in the professorial staff of state colleges and universities.

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

II. RECRUITMENT AND CAREER

Section 3. Recruitment and Qualification. - Recruitment policy with respect to the selection and appointment of teachers shall be clearly denned by the Department of Education: Provided, however, That effective upon the approval of this Act, the following shall constitute the minimum educational qualifications for teacher applicants: For teachers in the kindergarten and elementary grades, Bachelor's degree in Elementary Education (B.S.E.ED.);

For teachers of the secondary schools, Bachelor's degree in Education or its equivalent with a major and a minor; or a Bachelor's degree in Arts or Science with at least eighteen professional units in Education.

For teachers of secondary vocational and two years technical courses, Bachelor's degree in the field of specialization with at least eighteen professional units in education;

For teachers of courses on the collegiate level, other than vocational, master's degree with a specific area of specialization: Provided, further, That in the absence of applicants who possess the minimum educational qualifications as hereinabove provided, the school superintendent may appoint, under a temporary status, applicants who do not meet the minimum qualifications: Provided, further, That should teacher-applicants, whether they possess the minimum educational qualifications or not, be required to take competitive examinations, preference in making appointments shall be in the order of their respective ranks said competitive examinations: And provided, finally, the results of the examinations shall be made public and applicant shall be furnished with his score and rank in said examinations.

Section 4. Probationary Period. - When recruitment takes after adequate training and professional preparation any school recognized by the Government, no probationary period preceding regular appointment shall imposed if the teacher possesses the appropriate civil service eligibility: Provided, however, That where, due to the exigencies of the service, it is necessary to employ teacher a person who possesses the minimum educational qualifications herein above set forth but lacks the appropriate civil service eligibility, such person shall be appointed on a provisional status and shall undergo a period of probation for not less than one year from and after the date of his provisional appointment.

Section 5. Tenure of Office. - Stability on employment and security of tenure shall be assured the teachers as provided under existing laws.

Subject to the provisions of Section three hereof, teachers appointed on a provisional status for lack of necessary civil service eligibility shall be extended permanent appointment for the position he is holding after having rendered at least ten years of continuous, efficient and faithful service in such position.

Section 6. Consent for Transfer - Transportation Expenses. - Except for cause and as herein otherwise provided, no teacher shall be transferred without his consent from one station to another.

Where the exigencies of the service require the transfer teacher from one station to another, such transfer ay be effected by the school superintendent who shall previously notify the teacher concerned of the transfer and reason or reasons therefor. If the teacher believes there is no justification for the transfer, he may appeal his case to the Director of Public Schools or the Director of Vocational Education, as the case may be. Pending his appeal and the decision thereon, his transfer shall be held in abeyance: Provided, however, That no transfers whatever shall be made three months before any local or national election.

Necessary transfer expenses of the teacher and his family shall be paid for by the Government if his transfer is finally approved.

Section 7. Code of Professional Conduct for Teachers. - Within six months from the approval of this Act, the Secretary of Education shall formulate and prepare a Code of Professional Conduct for Public School Teachers. A copy of the Code shall be furnished each teacher: Provided, however, That where this is not possible by reason of inadequate fiscal resources of the Department of Education, at least three copies of the same Code shall be deposited with the office of the school principal or head teacher where they may be accessible for use by the teachers.

Section 8. Safeguards in Disciplinary Procedure. - Every teacher shall enjoy equitable safeguards at each stage of any disciplinary procedure and shall have: the right to be informed, in writing, of the charges;

the right to full access to the evidence in the case; the right to defend himself and to be defended by a representative of his choice and/or by his organization, adequate time being given to the teacher for the preparation of his defense; and the right to appeal to clearly designated authorities. No publicity shall be given to any disciplinary action being taken against a teacher during the pendency of his case.

Section 9. Administrative Charges. - Administrative charges against a teacher shall be heard initially by a committee composed of the corresponding School Superintendent of the Division or a duly authorized representative who should at least have the rank of a division supervisor, where the teacher belongs, as chairman, a representative of the local or, in its absence, any existing provincial or national teachers' organization and a supervisor of the Division, he last two to be designated by the Director of Public Schools. The committee shall submit its findings and recommendations to the Director of Public Schools within thirty days from the termination of the hearings: Provided, however, That where the school superintendent is the complainant or an interested party, all the members of the committee shall be appointed by the Secretary of Education.

Section 10. No Discrimination. - There shall be no discrimination whatsoever in entrance to the teaching profession, or during its exercise, or in the termination of services, based on other than professional consideration.

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

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

III. HOURS OF WORK AND REMUNERATION

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

Section 14. Additional Compensation. - Notwithstanding any provision of existing law to the contrary, co-curricula and out of school activities and any other activities outside of what is defined as normal duties of any teacher shall be paid an additional compensation of at least twenty-five per cent of his regular remuneration after the teacher has completed at least six hours of actual classroom teaching a day.

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

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

Section 15. Criteria for Salaries. - Teachers salaries shall correspond to the following criteria: they shall compare favorably with those paid in other occupations requiring equivalent or similar qualifications, training and abilities;

they shall be such as to insure teachers a reasonable standard of life for themselves and their families; and they shall be properly graded so as to recognize the fact that certain positions require higher qualifications and greater responsibility than others: Provided, however, That the general salary scale shall be such hut the relation between the lowest and highest salary paid in the profession will be of reasonable order. Narrowing of the salary scale shall be achieved by raising the low end of the salary scales relative to the upper end.

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

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

Section 18. Cost of Living Allowance. - Teachers salaries shall, at the very least, keep pace with the rise in the cost of living by the payment of a cost-of-living allowance which shall automatically follow changes in a cost-of-living index. The Secretary of Education shall, in consultation with the proper government entities, recommend to Congress, at least annually, the appropriation of the necessary funds for the cost-of-living allowances of teachers employed by the National Government. The determination of the cost-of-living allowances by the Secretary of Education shall, upon approval of the President of the Philippines, be binding on the city, municipal or provincial government, for the purposes of calculating cost-of-living allowances of teachers under its employ.

Section 19. Special Hardship Allowances. - In areas in which teachers are exposed to hardship such as difficulty commuting to the place of work or other hazards peculiar to the place of employment, as determined by the Secretary of Education, they shall be compensated special hardship allowances equivalent to at least twenty-five per cent of their monthly salary.

Section 20. Salaries to be Paid in Legal Tender. - Salaries of teachers shall be paid in legal tender of the Philippines or its equivalent in checks or treasury warrants.

Provided, however, That such checks or treasury warrants shall be cashable in any national, provincial, city or municipal treasurer's office or any banking institutions operating under the laws of the Republic of the Philippines.

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

IV. HEALTH MEASURES AND INJURY BENEFITS

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

In regions where there is scarcity of medical facilities, teachers may obtain elsewhere the necessary medical care with the right to be reimbursed for their traveling expenses by the government entity concerned in the first paragraph of this Section

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

V. LEAVE AND RETIREMENT BENEFITS

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

The compensation allowed for one year study leave as herein provided shall be subject to the condition that the teacher takes the regular study load and passes at least seventy-five per cent of his courses. Study leave of more than one year may be permitted by the Secretary of Education but without compensation.

Section 25. Indefinite Leave. - An indefinite sick leave of absence shall be granted to teachers when the nature of the illness demands a long treatment that will exceed one year at the least.

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

VI. TEACHERS' ORGANIZATION

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

Section 28. Discrimination Against Teachers Prohibited. - The rights established in the immediately preceding Section shall be exercised without any interference or coercion. It shall be unlawful for any person in commit any acts of discrimination against teachers which are calculated to (a) make the employment of a teacher subject to the condition that he shall not join an organization or shall relinquish membership in an organization (b) to cause the dismissal of or otherwise prejudice a teacher by reason of his membership in an organization or because of participation in organization activities outside school hours, or with the consent of the proper school authorities, within school hours, and (c) to prevent him from carrying out the duties laid upon him by his position in the organization, or to penalize him for an action undertaken in that capacity.

Section 29. National Teachers' Organizations. - National teachers' organizations shall be consulted in the formulation of national educational policies and professional standards, and in the formulation of national policies governing the social security of the teachers.

VII. ADMINISTRATION AND ENFORCEMENT

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

Section 31. Budgetary Estimates. - The Secretary of Educational all submit to Congress annually the necessary budget-estimates to implement the provisions of the Act concerning the benefits herein granted to public school teachers under the employ of the National Government.

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

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

Section 33. Repealing Clause. - All Acts or parts of Acts, executive orders and their implementing rules inconsistent with the provisions of this Act are hereby repealed, amended or modified accordingly.

Section 34. Separability Clause. - If any provision of this Act is declared invalid, the remainder of this Act or any provisions not affected thereby shall remain in force and in effect.

Section 35. This Act shall take effect upon its approval. Approved, June 18, 1966.