MALACAÑAN PALACE

MANILA

BY THE PRESIDENT OF THE PHILIPPINES

EXECUTIVE ORDER NO. 82

OPERATIONALIZING THE PRACTICAL GUIDE FOR NATIONAL CRISIS MANAGERS

AND THE NATIONAL CRISIS MANAGEMENT CORE MANUAL; ESTABLISHING
NATIONAL AND LOCAL CRISIS MANAGEMENT ORGANIZATIONS; AND PROVIDING
FUNDS THEREFOR

WHEREAS, Sections 4 and 5 of the 1987 Philippine Constitution articulates that “it is the prime
duty of the government to serve and protect the people; and that the maintenance of peace
and order, the protection of life, liberty, and property, and promotion of the general welfare are
essential for the enjoyment by all the people of the blessings of democracy”;

WHEREAS, a Memorandum from the President dated 22 March 2011 directed “the National
Security Adviser (NSA) to review and revise the 2000 Crisis Management Manual, and
harmonize and integrate all existing government crisis management manuals into the
amended Crisis Management Manual”;

WHEREAS, the 21st century security environment is described as increasingly complex and
demands a pro-active, diverse and collaborative approach among government agencies and
other stakeholders in preparing for, preventing or mitigating the effects of, and recovering from
crises;

WHEREAS, Situation Awareness, Strategy, Command and Control, Capability Building and
Enhancement, and Post-Action and Assessment are essential elements of effective crisis
management;

WHEREAS, there is a need to establish and clearly delineate authority, responsibility and
accountability of crisis management organizations and Incident Command Systems from the
national to the local levels;

WHEREAS, in a series of workshops conducted in July and September 2011 and March 2012
by the National Security Council Secretariat, the National Defense College of the Philippines,
and the Development Academy of the Philippines, two (2) manuals for responding to and
managing human-induced crises were crafted, namely:

a. The Practical Guide for National Crisis Managers, a strategic manual, which highlights the
roles and responsibilities of a National Crisis Manager or the Cabinet-Officer Primarily
Responsible (C-OPR). Its contents were extracted from the National Crisis Management
Core Manual and is intended for decision makers; and

b. The National Crisis Management Core Manual (hereinafter referred to as the Core
Manual), which harmonizes all government crisis management manuals by providing a
general framework in detecting and responding to emerging and existing crises. The Core
Manual cuts across the strategic, operational, and tactical levels of crisis management
manuals and functions. It is intended for planners and provides guidelines in the
agencies/departments’ preparation of operational crisis management manuals, contingency
and crisis action plans.
WHEREAS, Operational manuals discuss agency/departmental principles and provisions,
and provide functional concepts and guidelines across offices/units in the
agency/department; Contingency plans are scenario-based plans aimed at preventing the
occurrence of emerging threats/crises by addressing their root causes and implementing
target hardening measures, among others. Crisis Action plans are specific courses of action
aimed at mitigating the adverse effects and consequences of rapidly evolving or near-term
outbreak/s;

WHEREAS, there is a need to designate a specific government agency, which shall ensure
that copies of the approved Practical Guide for National Crisis Managers and the Core Manual
are disseminated; the prescribed policies and procedures are adopted by
agencies/departments/offices at all levels; and crisis response organizations adopted
pursuant thereto are created/designated;

NOW, THEREFORE, I, BENIGNO S. AQUINO III, President of the Republic of the Philippines,
by virtue of the powers vested in me by the Constitution and applicable laws, do hereby order:

SECTION 1. The Core Manual shall be the overarching framework for national crisis
management/All government agencies/departments from national to local shall craft and/or
harmonize their respective operational manuals, contingency and crisis action plans for
human-induced crises with the Core Manual. The Practical Guide for National Crisis Managers
shall serve as a compact reference for Cabinet Officers Primarily Responsible (C-OPRs) or
National Crisis Managers in responding to and managing human-induced crises.

SECTION 2. Crisis management organizations at all levels shall adopt the following crisis
management organizations and structure prescribed in the Practical Guide for National Crisis
Managers and the Core Manual. Specifically, that:

a. The Executive Committee, National Security Council shall serve as the Executive
Committee/National Crisis Management Committee or EXECOM/NCMC, the highest
policy and decision making body in managing human-induced crises at the national level. It
shall inform the President of the situation and initial actions of agencies/departments, and
recommends to the President an appropriate inter-agency/department response. This senior
inter-agency/department body shall be composed of the President or the Executive
Secretary as Chairperson; the National Security Adviser; and Secretaries of the
Departments of National Defense; Interior and Local Government; Foreign Affairs and
Justice; as well as Head/s, Presidential Communications Group. Other Cabinet members,
particularly, Secretaries of the Departments of Health; Finance; Trade and Industry; Energy;
and Social Welfare and Development may be called upon, as Secondary Members.

b. A Sub-Committee, National Crisis Management Committee, with the NSA as

Chairperson, shall be created to: conduct inter-agency Horizon Scanning or scanning for
and conveying strategic warnings on emerging human-induced threats/crises; recommend
appropriate responses; and identify policy issues for resolution and decision making of the
EXECOM/NCMC.

c. Regional, Provincial, Municipal/City and Barangay Crisis Management Committees shall

serve as the policy and decision-making bodies in managing human-induced crises at the
local level.

d. Permanent offices to handle response to and management of human-induced crises shall

be designated within agencies/departments.
e. Operational crisis management manuals, contingency and crisis action plans shall be
prepared and systematically updated.

SECTION 3. The National Crisis Management Committee, all other crisis management
organizations, and designated Crisis Managers and/or Cabinet Officers Primarily Responsible
shall assume authority; effectively carry out functions; and take on responsibilities and
accountabilities prescribed in the Practical Guide for National Crisis Managers, the Core
Manual and the approved March 2011 revisions to Chapter 4 of the 2000 Crisis Management
Manual. Specifically, that:

a. The Executive Secretary shall be the Cabinet-Officer Primarily Responsible (C-OPR) for
emerging and current:

i. Threats of terrorism, as Chairperson of the Anti-Terrorism Council created under Republic

Act 9372 or the Human Security Act of 2007;

ii. Threats to maritime borders (inter-agency response), as Chairperson of the National Coast
Watch Council created under Executive Order (EO) No. 57 dated 6 September 2011; and

iii. Threats concerning OFWs (inter-agency/department response), as Chairperson of

the Overseas Preparedness and Response Team created under EO No. 34 dated 6 April
2011.

b. The Secretary of National Defense shall be the Cabinet-Officer Primarily Responsible (C-
OPR) for emerging and current:

i. Threats to national security, such as but not limited to revolts, mutinies, insurrections, coup
d’ etats, war; and

ii. Threats to maritime borders (intra-agency/department response as Co-Crisis Manager).

c. The Secretary of Interior and Local Government shall be the Cabinet-Officer Primarily
Responsible (C-OPR) for emerging and current threats to peace and order, such as civil
disturbances, violent labor strikes, riots, anarchy and disorderly mass demonstrations.

d. The Secretary of Foreign Affairs shall be the Cabinet-Officer Primarily Responsible (C-
OPR) for emerging and current:

i. . Threats concerning OFWs (intra-agency/department response); and

ii. Threats to maritime borders (intra-agency/department response as Co-Crisis Manager).

e. The Secretary of Health shall be the Cabinet-Officer Primarily Responsible (C-OPR) for
emerging and current threats to public health.

f. The Secretaries of Finance and Trade and Industry shall be the Cabinet-Officers
Primarily Responsible (C-OPRs) for emerging and current threats to the economy.

g. The Secretary of Energy shall be the Cabinet-Officer Primarily Responsible (C-OPR) for
emerging and current threats to energy supply, as Chairperson of the Inter-Agency Energy
Contingency Committee (IECC) created under Administrative Order No. 6 dated 3 March
2011.
SECTION 4. The National Crisis Management Committee, all other crisis management
organizations, and their respective Crisis Managers and/or Cabinet Officers Primarily
Responsible shall adopt the following concepts, processes, and procedures under the 5Ps of
crisis management: Predict, Prevent, Prepare, Perform and Post Action and Assessment:

a. For Predict, a Crisis Manager, through his/her crisis management office, shall
systematically conduct Horizon Scanning or scanning for emerging threats and conveying
strategic warnings; and undertake Situation Awareness processes at the strategic,
operational and tactical levels.

b. For Prevent, a Crisis Manager, through his/her crisis management office, shall prepare or
update intra- and inter-agency contingency and crisis action plans.

c. For Prepare, a Crisis Manager, through his/her crisis management office, shall
systematically undertake Prepare activities: organize, train, equip, exercise and
evaluate/improve. A Crisis Manager shall also undertake capability building and
enhancement activities for these Prepare procedures.

d. For Perform, a Crisis Manager, through his/her crisis management office, shall
systematically determine and declare an incident as approaching crisis level. Crises must be
addressed at the lowest political jurisdiction. Nonetheless, the responding local Crisis
Management Committee (CMC) and the next higher level Crisis Management Committee
(CMC) shall be equally responsible for determining the appropriate level of crisis response
based on continuous and thorough assessment of the situation. Their assessment must
consider the severity and nature of the crisis, and the capability of available forces or units
and resources.

As soon as an incident is declared as approaching crisis level, the responding Crisis Manager
activates the Incident Command System (ICS) and calls on the designated Incident
Commander (IC). The Incident Commander reviews existing intra- and inter-
agency/department contingency plans for suitability and develops a Crisis Action Plan (CAP)
when no useful contingency plan exists.

e. For Post-Action and Assessment, a Crisis Manager, through his/her crisis management
office, shall systematically provide Post Action and Assessment Reports to the Sub-
Committee, National Crisis Management Committee and the EXECOM/National Crisis
Management Committee.

SECTION 5. The Office of the National Security Adviser (ONSA), as Secretariat of the
EXECOM/National Crisis Management Committee, shall ensure that the purposes, intents,
and objectives of this EO are complied with, specifically:

a. That copies of the approved Practical Guide for National Crisis Managers and the Core
Manual are produced and distributed from the national to the local levels;

b. That trainings on Horizon Scanning, Situation Awareness, Inter-Agency Contingency

Planning, Crisis Action Planning, and Post Action and Assessment are undertaken; and

c. Desktop/table and/or simulation exercises are regularly conducted at various levels

nationwide.

SECTION 6. Funding. An amount not exceeding Twenty Five Million Pesos

(Php25,000,000.00) is hereby allocated from the funds of the Presidential Contingency Fund
to cover the initial financial requirements of the Office of the National Security Adviser, as
 Secretariat, and the EXECOM/National Crisis Management Committee, to operationalize the
mechanisms contained in this EO, and in undertaking programs, projects and activities
specified in Section 5 of this EO. Succeeding financial requirements for this purpose shall be
included in annual appropriations for the ONSA. National and local
agencies/departments/offices, on the other hand, shall allocate sufficient funds for crisis
prevention and management from their respective annual budget proposals, consistent with
Republic Act 10121 and the DILG-DBM Memorandum Circular 2011-1.

SECTION 7. Repealing Clause. All orders, rules, regulations, issuances, or parts thereof
inconsistent with the provisions of this EO are hereby repealed, amended or modified
accordingly.

SECTION 8. Effectivity. This EO shall take effect immediately upon publication in a

newspaper of general circulation.

DONE, in the City of Manila this 4th day of September, in the Year of our Lord Two Thousand
and Twelve.

(Sgd.) BENIGNO S. AQUINO III

President of the Philippines

By the President:

(Sgd.) PAQUITO N. OCHOA, JR.

Executive Secretary

Source: Malacañang Records Office

Office of the President of the Philippines. (2012). [Executive Order]. Manila : Malacañang Records
Office.
 MALACAÑANG
MANILA

BY THE PRESIDENT OF THE PHILIPPINES

EXECUTIVE ORDER No. 663

IMPLEMENTING THE NATIONAL COMMITMENT FOR “BAKUNA ANG UNA SA

SANGGOL AT INA”, ATTAINING WORLD HEALTH ORGANIZATION’S GOALS TO
ELIMINATE MEASLES AND NEONATAL TETANUS, ERADICATE POLIO, CONTROL
HEPATITIS B AND OTHER VACCINE-PREVENTABLE DISEASES

WHEREAS, the Philippines has set as one of its goals in the Millenium Development Goals
(MDGs) reduction of child mortality by two-thirds (2/3) by year 2015.

WHEREAS, the government already ratified the Conventions on the Rights of the Child (CRC)
for children to attain the highest possible attainable level of health, survival and protection;
and supported the World Health Assembly resolutions for improving child health and survival;

WHEREAS, the government has committed to the World Health Organization Regional
Committee for the Western Pacific resolutions to eliminate/eradicate measles, neonatal
tetanus, polio and control diphtheria, hepatitis B, pertussis, and childhood tuberculosis by year
2008;

WHEREAS, since the year 2000, the country has already eradicated polio nationwide and has
been sustaining its polio-free status;

WHEREAS, the mass measles vaccination campaign in 2004, otherwise known as the “Ligtas
Tigdas 2004”, demonstrated a 96% unprecedented decline of measles cases and deaths and
also led to institutionalization of safe injection practices, though the use of the auto-disabled
needles and syringes in immunizations, and established an appropriate immunization waste
disposal in support of the “Philippine Clean Air Act 1999” and “Solid Waste Management Act
2003”;

WHEREAS, elimination, eradication control of the childhood vaccine-preventable diseases

requires that at least 95% of our child population be fully immunized annually; that 80% of our
pregnant mothers be vaccinated with tetanus toxoid to protect the newborn from neonatal
tetanus and that all vaccine-preventable disease cases be detected, investigated and reported
on a timely basis;

WHEREAS, low an unequally distributed routine immunization coverage in the country causes
about 500,000 infants/children annually to remain unprotected, thus, rendering them
susceptible to vaccine-preventable diseases and thereby threatens the country to outbreaks/
epidemics despite of the national purchases of a free, potent, and high quality vaccines for all
infants/children and mothers;

WHEREAS, another mass measles vaccination campaign will reduce the number of children
at risk of getting measles infections;

WHEREAS, achieving 95% fully immunized children and mothers will require unified
commitments of the national government, local chief executives, health workers, communities
and all sectors of the society;
NOW, THEREFORE, I, GLORIA MACAPAGAL-ARROYO, President of the Republic of the
Philippines, by virtue of the powers vested in me by law, do hereby order:

SECTION 1. Declaration of Objectives.—This Executive Order shall have the following

objectives:

a) Implement the national commitment for ”Bakuna ang Una sa Sanggol at Ina”, Attaining
World Health Organization’s Goals to Eliminate Measles and Neonatal Tetanus, Eradicate
Polio, Control Hepatitis B and other Vaccine-preventable Diseases;

b) Mobilize the national government, its agencies, instrumentalities, local government units,
and other sectors of society in support of this national commitments.

SEC.2. Implementing Agencies.

A. Lead Agency: Department of Health (DOH)

The DOH, as lead agency, shall implement the “Bakuna ang Una sa Sanggol at Ina” to
strengthen

the routine reaching of all mothers and infants with safe and effective vaccines; and to identify,
investigate and report vaccine-preventable disease cases.

It shall embark on a mass measles vaccination campaign for all ages 9 months to 48 months
old nationwide.

The DOH shall formulate, disseminate guidelines and procedures on implementing

the “Bakuna ang Una sa Sanggol at Ina” including the introduction of new vaccines based on
analysis conducted by a technical working group; provide technical assistance to Local
Government Units (LGUs); conduct national/regional advocacy and social mobilization
activities; provide, allocate and distribute in a timely manner all the necessary vaccines; and
monitor submission of required reports of all LGU health system activities.

Jointly with Council for the Welfare of Children (CWC), it shall compile, disseminate and
publish semi-annual reports of progress and performance on this immunization program.

B. Department of the Interior and Local Government (DILG)

The DILG shall advocate to all LGUs to achieve and maintain minimum standards of staffing,
financial

support, supplies and communication advocacy to community representatives to achieve this

goal. It shall submit quarterly reports of LGUs compliance to DOH.

C. Department of Education (DepEd)

The DepEd shall ensure the complete vaccination status of all children entering primary
school.

It shall further ensure that mothers of all children with incomplete immunization shall be
informed of the immunization program being provided by the government. It shall coordinate
with the local government health units for the complete vaccination of these children. It shall
identify and report any case of suspected vaccine-preventable disease, which has met the
standard case definitions, to the concerned local health units. It shall annually monitor the
school entry lists to ensure compliance by all schools and submit annual reports of schools’
compliance to DOH.

D. Department of Social Welfare and Development (DSWD)

The DSWD shall ensure the complete vaccination status of all children in day care centers
and pre-schools during the first week of school. It shall further ensure that mothers of all
children with incomplete immunization shall be informed of the immunization program being
provided by government. It shall coordinate with the local government health units for
complete vaccination of these children. It shall identify and report any case of suspected
vaccine-preventable disease, which has met the standard case definitions to the concerned
local health units. It shall annually monitor daycare centers/pre-schools entry lists to ensure
compliance of these schools and submit annual reports of schools’ compliance to DOH.

E. Council for the Welfare for Children (CWC)

The CWC shall coordinate with DepEd, DSWD,DILG and LGUs, to ensure that all incompletely

vaccinated children in schools, day-care centers, pre-schools, and other places, to be fully
vaccine-preventable diseases cases among DOH, LGUs, DepEd and DSWD.

Jointly with DOH, it shall compile, disseminate and publish semi-annual reports of progress
and performance on this immunization program.

F. Local Government Units (LGUs)

The LGUs shall ensure that every pregnant mother and infant are given complete
immunization

FREE OF CHARGE. Aside from the weekly health center-based vaccination sessions, it shall
provide systematic outreach services to ensure full immunization of infants/children/mothers
and other intervention that can save children’s/mothers’ lives. They shall organize regular
immunization outreach services and other essential maternal and child health package of
services. They shall maintain the standards set by DOH for staffing, provide adequate needles
and syringes; finance traveling expenses of BHWs to carry-out the follow-up on the
immunization services. They shall conduct vigorous social mobilization activities.

All health workers, including doctors, nurses and midwives, shall fully participate in providing
free immunization, regardless of route-intramuscular, oral, subcutaneous, intradermal. All
LGUs shall submit accomplishment reports of the immunization coverage and activities as
follows: provinces and chartered cities to report quarterly vaccine coverage to regions;
municipalities and component cities to report monthly vaccine coverage to provinces.

The LGUs shall identify and report all suspected vaccine-preventable disease cases that meet
the standard case definition to the next higher level epidemiologic surveillance unit. They shall
still submit weekly “zero reporting” even if there were no identified vaccine-preventable
disease cases.

The LGUs shall conduct regular Supplemental Immunization Activities (SIAs) and/or “Child
Health Days”, as determined by, and according to the guidelines of DOH.

G. Civil Society
 All members of the civil society, non-government organizations, professional organizations,
and other concerned groups, are encouraged to support this national commitment for “Bakuna
ang Una sa Sanggol at Ina”, through issuances of resolutions, letters, and other mechanisms
of information dissemination and social mobilization, to all members of their organizations.

Any children vaccinated outside the public health system should be reported to the local
government unit. They shall identify and report any suspected vaccine-preventable disease
cases meeting the standard case definitions to local government health units.

SEC.3. Funding.—The Department of Health (DOH) shall provide funds for the procurement
of quality vaccines for all eligible population. The Local Government Units (LGUs) shall provide
funds for the procurement and disposal of auto-disabled needles and syringes for
immunizations; travelling expenses for the mobilization of health staffs to reach and immunize
all the infants/children and mothers and for other related activities.

SEC.4. Repealing Clause.—All other rules, regulations and issuances or parts thereof which
are inconsistent with this Executive Order are hereby repealed or modified accordingly.

SEC.5. Effectivity.—This Executive Order shall take effect immediately.

DONE, in the City of Manila, this 21st day of September, in the year of Our Lord, Two Thousand
and Seven.

(Sgd.) GLORIA MACAPAGAL-ARROYO

President of the Philippines

By the President:

(Sgd.) EDUARDO R. ERMITA

Executive Secretary

Source: Malacañang Records Office

Office of the President of the Philippines. (2007). [Executive Order Nos. : 601-700]. Manila :
Malcañang Records Office.
DEPED Statement on the proposed “no vaccination, no enrollment” policy

PASIG CITY, February 22, 2019 – In view of the rising number of measles cases in the country, the
Department of Education (DepEd) is studying the proposal of the Department of Health (DOH) to
implement a “no vaccination, no enrollment” policy in public schools.

As much as there is a growing need to reinvigorate the campaign for the importance of vaccination,
Education Secretary Leonor Magtolis Briones emphasizes that the proposed policy must take into
consideration the human rights of learners, especially their access to quality basic education.

While DepEd is looking into different ways to regain the confidence of parents in immunization, the
agency has made commitments with DOH in ensuring that the learners are protected. Among these
are to:

• Develop consent form and evaluation form, which will categorize learners as “vaccinated,”
“doubtful,” and “not vaccinated”
• Verify school records and vaccination cards
• Gather and share data on the number of learners affected with measles
• Coordinate with health center staff on learners who are absent and whose parents did not give
consent during vaccination
• Follow up on learners who did not receive vaccination and those who opted to be inoculated by
private practitioner
• Review and explore the strengthening of Executive Order No. 663, series 2007 (Implementing the
National Commitment for “Bakuna ang Una sa Sanggol at Ina,” Attaining World Health
Organization’s Goals to Eliminate Measles and Neonatal Tetanus, Eradicate Polio, Control Hepatitis
B and Other Vaccine-Preventable Diseases) and of Executive Order No. 82, series 2012
(Operationalizing the Practical Guide for National Crisis Managers and the National Crisis
Management Core Manual; Establishing National and Local Crisis Management Organizations; and
Providing Funds Therefor)

Learners, parents, teaching and non-academic personnel, and stakeholders may rest assured that
the Department is working closely with DOH in monitoring measles cases and in strengthening
efforts to combat the disease.

END
BATAS PAMBANSA BLG. 232 September 11, 1982

AN ACT PROVIDING FOR THE ESTABLISHMENT AND MAINTENANCE OF AN

INTEGRATED SYSTEM OF EDUCATION

I. GENERAL PROVISIONS

CHAPTER 1
Preliminary Matters

Section 1. Title - This Act shall be known as the "Education Act of 1982."

Section 2. Coverage - This Act shall apply to and govern both formal and non-formal
systems in public and private schools in all levels of the entire educational system.

CHAPTER 2
Declaration of Basic State Policy and Objectives

Section 3. Declaration of Basic Policy - It is the policy of the State to established and
maintain a complete, adequate and integrated system of education relevant to the goals of
national development. Toward this end, the government shall ensure, within the context of a
free and democratic system, maximum contribution of the educational system to the
attainment of the following national developmental goals:

1. To achieve and maintain an accelerating rate of economic development and social

progress;

2. To ensure the maximum participation of all the people in the attainment and
enjoyment of the benefits of such growth; and

3. To achieve and strengthen national unity and consciousness and preserve,

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

The State shall promote the right of every individual to relevant quality education, regardless
of sex, age, creed, socio-economic status, physical and mental conditions, racial or ethnic
origin, political or other affiliation. The State shall therefore promote and maintain equality of
access to education as well as the enjoyment of the benefits of education by all its citizens.

The state shall promote the right of the nation's cultural communities in the exercise of their
right to develop themselves within the context of their cultures, customs, traditions, interest
and belief, and recognizes education as an instrument for their maximum participation in
national development and in ensuring their involvement in achieving national unity.

Section 4. Declaration of Objectives - The educational system aim to:

1. Provide for a broad general education that will assist each individuals in the
peculiar ecology of his own society, to

(a) attain his potentials as a human being;

(b) enhance the range and quality of individual and group participation in the
basic functions of society; and
 (c) acquire the essential educational foundation of his development into a
productive and versatile citizen;

2. Train the nation's manpower in the middle-level skills for national development;

3. Develop the profession that will provide leadership for the nation in the
advancement of knowledge for improving the quality of human life; and

4. Respond effectively to changing needs and conditions of the nation through a

system of educational planning and evaluation.

Towards the realization of these objectives, and pursuant to the Constitution, all educational
institutions shall aim to inculcate love of country, teach the duties of citizenship, and develop
moral character, personal discipline, and scientific, technological, and vocational efficiency.

Furthermore, the educational system shall reach out to educationally deprived communities,
in order to give meaningful reality to their membership in the national society, to enrich their
civic participation in the community and national life, and to unify all Filipinos into a free and
just nation.

II. THE EDUCATIONAL COMMUNITY

CHAPTER 1
Preliminary Provisions

Section 5. Declaration of Policy and Objectives - It is likewise declared government policy to

foster, at all times, a spirit of shared purposes and cooperation among the members and
elements of the educational community, and between the community and other sectors of
society, in the realization that only in such an atmosphere can be true goals and objectives
of education be fulfilled.

Moreover, the State shall:

1. Aid and support the natural right and duty of parents in the rearing of the youth
through the educational system.

2. Promote and safeguard the welfare and interest of the students by defining their
rights and obligations, according them privileges, and encouraging the establishment
of sound relationships between them and the other members of the school
community.

3. Promote the social economic status of all school personnel, uphold their rights,
define their obligations, and improve their living and working conditions and career
prospects.

4. Extend support to promote the viability of those institutions through which parents,
students and school personnel seek to attain their educational goals.
Section 6. Definition and Coverage - "Educational community" refers to those persons or
groups of persons as such or associated in institutions involved in organized teaching and
learning systems.

The members and elements of the educational community are:

1. "Parents" or guardians or the head of the institution or foster home which has
custody of the pupil or student.

2. "Students," or those enrolled in and who regularly attend and educational

institution of secondary or higher level of a person engaged in formal study. "Pupils,"
are those who regularly attend a school of elementary level under the supervision
and tutelage of a teacher.

3 "School personnel," or all persons working for an educational institution, which

includes the following:

a. "Teaching or academic staff," or all persons engaged in actual teaching

and/or research assignments, either on full-time or part-time basis, in all
levels of the educational system.

b. "School administrators," or all persons occupying policy implementing

positions having to do with the functions of the school in all levels.

c. "Academic non-teaching personnel," or those persons holding some

academic qualifications and performing academic functions directly
supportive of teaching, such as registrars, librarians, research assistants,
research aides, and similar staff.

d. "Non-academic personnel," or all other school personnel not falling under

the definition and coverage of teaching and academic staff, school
administrators and academic non-teaching personnel.

4. "Schools," or institutions recognized by the State which undertake educational

operations.

Section 7. Community Participation. - Every educational institution shall provide for the
establishment of appropriate bodies through which the members of the educational
community may discuss relevant issues, and communicate information and suggestions for
assistance and support of the school and for the promotion of their common interest.

Representatives from each subgroup of the educational community shall sit and participate
in these bodies, the rules and procedures of which must be approved by them and duly
published.

CHAPTER 2
Rights

Section 8. Rights of Parents - In addition to other rights under existing laws, all parents who
have children enrolled in a school have the following rights:

1. The right to organize by themselves and/or with teachers for the purpose of
providing a forum for the discussion of matters relating to the total school program,
 and for ensuring the full cooperation of parents and teachers in the formulation and
efficient implementation of such programs.

2. The right to access to any official record directly relating to the children who are
under their parental responsibility.

Section 9. Right of Students in School - In addition to other rights, and subject to the
limitation prescribed by law and regulations, and student and pupils in all schools shall enjoy
the following rights:

1. The right to receive, primarily through competent instruction, relevant quality

education in line with national goals and conducive to their full development as
person with human dignity.

2. The right to freely chose their field of study subject to existing curricula and to
continue their course therein up to graduation, except in cases of academic
deficiency, or violation of disciplinary regulations.

3. The right to school guidance and counseling services for decisions and selecting
the alternatives in fields of work suited to his potentialities.

4. The right of access to his own school records, the confidentiality of which the
school shall maintain and preserve.

5. The right to the issuance of official certificates, diplomas, transcript of records,

grades, transfer credentials and other similar documents within thirty days from
request.

6. The right to publish a student newspaper and similar publications, as well as the
right to invite resource persons during assemblies, symposia and other activities of
similar nature.

7. The right to free expression of opinions and suggestions, and to effective channels
of communication with appropriate academic channels and administrative bodies of
the school or institution.

8. The right to form, establish, join and participate in organizations and societies
recognized by the school to foster their intellectual, cultural, spiritual and physical
growth and development, or to form, establish, join and maintain organizations and
societies for purposes not contrary to law.

9. The right to be free from involuntary contributions, except those approved by their
own he organizations or societies.

Section 10. Rights of all School Personnel - In addition to other rights provided for by law,
the following rights shall be enjoyed by all school personnel:

1. The right to free expression of opinion and suggestions, and to effective channels
of communication with appropriate academic and administrative bodies of the school
or institution.

2. The right to be provided with free legal service by the appropriate government
office in the case of public school personnel, and through the school authorities
 concerned in the case of private school personnel, when charged in an
administrative, civil and/or criminal proceedings by parties other than the school or
regulatory authorities concerned for actions committed directly in the lawful discharge
of professional duties and/or in defense of school policies.

3. The right to establish, join and maintain labor organizations and/or professional
and self-regulating organizations of their choice to promote their welfare and defend
their interests.

4. The right to be free from involuntary contributions except those imposed by their
own organizations.

Section 11. Special Rights and/or Privileges of Teaching or Academic Staff - Further to the
rights mentioned in the preceding Section, every member of the teaching or academic staff
shall enjoy the following rights and/or privileges:

1. The right to be free from compulsory assignments not related to their duties as
defined in their appointments or employment contracts, unless compensated
therefor, conformably to existing law.

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

3. Teachers shall be deemed persons in authority when in the discharge of lawful

duties and responsibilities, and shall, therefore, be accorded due respect and
protection.

4. Teachers shall be accorded the opportunity to choose alternative career lines

either in school administration, in classroom teaching, or others, for purposes of
career advancement.

Section 12. Special Rights of School Administration - School administrators shall, in

accordance with existing laws, regulations and policies of the Ministry of Education, Culture
and Sports, be accorded sufficient administrative discretion necessary for the efficient and
effective performance of their functions.

School administrators shall be deemed persons in authority while in the discharge of lawful
duties and responsibilities, and shall therefore be accorded due respect and protection.

Section 13. Rights of Schools - In addition to other rights provided for by law, schools shall
enjoy the following:

1. The right of their governing boards or lawful authorities to provide for the proper
governance of the school and to adopt and enforce administrative or management
systems.

2. The right for institutions of higher learning to determine on academic grounds who
shall be admitted to study, who may teach, and what shall be subjects of the study
and research.

CHAPTER 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 Students - In addition to those provided for under
existing laws, every student shall:

1. Exert his utmost to develop his potentialities for service, particularly by undergoing
an education suited to his abilities, in order that he may become an asset to his
family and to society.

2. Uphold the academic integrity of the school, endeavor to achieve academic

excellence and abide by the rules and regulations governing his academic
responsibilities and moral integrity.

3. Promote and maintain the peace and tranquility of the school by observing the
rules and discipline, and by exerting efforts to attain harmonious relationships with
fellow students, the teaching and academic staff and other school personnel.

4. Participate actively in civic affairs and in the promotion of the general welfare,
particularly in the social, economic and cultural development of his community and in
the attainment of a just, compassionate and orderly society.

5. Exercise his rights responsibly in the knowledge that he is answerable for any
infringement or violation of the public welfare and of the rights of others.

Section 16. Teacher's Obligations - Every teacher shall:

1. Perform his duties to the school by discharging his responsibilities in accordance

with the philosophy, goals, and objectives of the school.

2. Be accountable for the efficient and effective attainment of specified learning

objectives in pursuance of national development goals within the limits of available
school resources.

3. Render regular reports on performance of each student and to the latter and the
latter's parents and guardians with specific suggestions for improvement.

4. Assume the responsibility to maintain and sustain his professional growth and
advancement and maintain professionalism in his behavior at all times.

5. Refrain from making deductions in students' scholastic rating for acts that are
clearly not manifestations of poor scholarship.
 6. Participate as an agent of constructive social, economic, moral, intellectual,
cultural and political change in his school and the community within the context of
national policies.

Section 17. School Administrators' Obligations - Every school administrator shall:

1. Perform his duties to the school by discharging his responsibilities in accordance

with the philosophy, goals and objectives of the school.

2. Be accountable for the efficient and effective administration and management of

the school.

3. Develop and maintain a healthy school atmosphere conducive to the promotion

and preservation of academic freedom and effective teaching and learning, and to
harmonious and progressive school-personnel relationship.

4. Assume and maintain professional behavior in his work and in dealing with
students, teachers, academic non-teaching personnel, administrative staff, and
parents or guardians.

5. Render adequate reports to teachers, academic non-teaching personnel and non-

academic staff on their actual performance in relation to their expected performance
and counsel them on ways of improving the same.

6. Observe due process, fairness, promptness, privacy, constructiveness and

consistency in disciplining his teachers and other personnel.

7. Maintain adequate records and submit required reports to the Ministry of

Education, Culture and Sports.

Section 18. Obligations of Academic Non-Teaching Personnel - Academic non-teaching

personnel shall:

1. Improve himself professionally be keeping abreast of the latest trends and

techniques in his profession.

2. Assume, promote and maintain an atmosphere conducive to service and learning.

3. Promote and maintain an atmosphere conducive to service and learning.

III. THE EDUCATIONAL SYSTEMS

CHAPTER 1
Formal Education

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

Section 20. Definition - "Formal Educational" refers to the hierarchically structured and
chronologically graded learning organized and provided by the formal school system and for
which certification is required in order for the learner to progress through the grades or move
to higher levels. Formal education shall correspond to the following levels:
 1. Elementary Education. - the first stage of compulsory, formal education primarily
concerned with providing basic education and usually corresponding to six or seven
grades, including pre-school programs.

2. Secondary Education. - the state of formal education following the elementary

level concerned primarily with continuing basic education and expanding it to include
the learning of employable gainful skills, usually corresponding to four years of high
school.

3. Tertiary Education. - post secondary schooling is higher education leading to a

degree in a specific profession or discipline.

Section 21. Objectives of Elementary Education - The objectives of elementary education

are:

1. To provide the knowledge and develop the skills, attitudes, and values essential to
personal development and necessary for living in and contributing to a developing
and changing social milieu;

2. To provide learning experiences which increase the child's awareness of and

responsiveness to the changes in and just demands of society and to prepare him for
constructive and effective involvement;

3. To promote and intensify the child's knowledge of, identification with, and love for
the nation and the people to which he belongs; and

4. To promote work experiences which develop the child's orientation to the world of
work and creativity and prepare himself to engage in honest and gainful work.

Section 22. Objectives of Secondary Education. - The objectives of secondary education

are:

1. To continue to promote the objectives of elementary education; and

2. To discover and enhance the different aptitudes and interests of the students so
as to equip him with skills for productive endeavor and/or prepare him for tertiary
schooling.

Section 23. Objective of Tertiary Education. - The objectives of tertiary education are:

1. To provide a general education program that will promote national identity, cultural
consciousness, moral integrity and spiritual vigor;

2. To train the nation's manpower in the skills required for national development;

3. To develop the professions that will provide leadership for the nation; and

4. To advance knowledge through research work and apply new knowledge for
improving the quality of human life and responding effectively to changing societal
needs and conditions.

CHAPTER 2
Non-Education and Specialized Educational Services
Section 24. Specialized Educational Service - The State further recognizes its responsibility
to provide, within the context of the formal education system, services to meet special needs
of certain clientele. These specific types, which shall be guided by the basic policies of the
State embodied in the General Provisions of this Act, include:

1. "Work Education," or "Practical Arts," as a program of basic education which aims

to develop the right attitudes towards work; and "technical-vocational education,"
post-secondary but non-degree programs leading to one, two, or three year
certificates in preparation for a group of middle-level occupations.

2. "Special Education," the education of persons who are physically, mentally,

emotionally, socially, or culturally different from the so-called "normal" individuals that
they require modification of school practices/services to develop them to their
maximum capacity; and

3. "Non-formal Education," any organized school-based educational activities

undertaken by the Ministry of Education, Culture and Sports and other agencies
aimed at attaining specific learning objectives for a particular clientele, especially the
illiterates and the out-of-school youth and adults, distinct from and outside the regular
offerings of the formal school system.

The objectives of non-formal education are as follows:

a. To eradicate illiteracy and raise the level of functional literacy of the

population;

b. To provide unemployed and underemployed youth and adults with

appropriate vocational/technical skills to enable them to become more
productive and effective citizens; and

c. To develop among the clientele of non-formal education proper values and

attitudes necessary for personal, community and national development.

CHAPTER 3
Establishment of Schools

Section 25. Establishment of Schools - All schools shall be established in accordance with
law. The establishment of new national schools and the conversion of existing schools from
elementary to national secondary or tertiary schools shall be by law: Provided, That any
private school proposed to be established must incorporate as an non-stock educational
corporation in accordance with the provisions of the Corporation Code of the Philippines.
This requirement to incorporate may be waived in the case of family-administered pre-school
institutions.

Government assistance to such schools for educational programs shall be used exclusively
for that purpose.

Section 26. Definition of Terms - The terms used in this Chapter are defined as follows:

1. "Schools" are duly established institutions of learning or educational institutions.

2. "Public Schools" are educational institutions established and administered by the

government.
 3. "Private Schools" are educational institutions maintained and administered by
private individuals or groups.

Section 27. Recognition of Schools - The educational operations of schools shall be subject
to their prior authorization of the government, and shall be affected by recognition. In the
case of government operated schools, whether local, regional, or national, recognition of
educational programs and/or operations shall be deemed granted simultaneously with
establishment.

In all other case the rules and regulations governing recognition shall be prescribed and
enforced by the Ministry of Education, Culture and Sports defining therein who are qualified
to apply, providing for a permit system, stating the conditions for the grant of recognition and
for its cancellation and withdrawal, and providing for related matters.

Section 28. Effects of Recognition; Punishable Violations - The issuance of a certificate of

recognition to a school shall have the following effects:

1. It transforms the temporary permit to a permanent authority to operate;

2. It entitled the school or college to give the students who have completed the
course for which recognition is granted, a certificate, title or diploma; and

3. It shall entitle the students who have graduated from said recognized course or
courses to all the benefits and privileges enjoyed by graduates in similar courses of
studies in all schools recognized by the government.

Operation of schools and educational programs without authorization, and/or operation

thereof in violation of the terms of recognition, are hereby declared punishable violations
subject to the penalties provided in this Act.

Section 29. Voluntary Accreditation - The Ministry shall encourage programs of voluntary
accreditation for institution which desire to meet standards of quality over and above
minimum required for State recognition.

CHAPTER 4
Internal Organization of Schools

Section 30. Organization of Schools - Each school shall establish such internal organization
as will best enable it to carry out its academic and administrative functions, subject to
limitations provided by law.

Each school establish such arrangements for the peaceful settlement of disputes between or
among the members of the educational community.

Section 31. Governing Board - Every government college or university as a tertiary

institution and every private school shall have a governing board pursuant to its charter or
the Corporation Code of the Philippines, as the case may be.

Section 32. Personnel Transactions - The terms and conditions of employment of personnel
in government schools shall be governed by the Civil Service, budgetary and compensation
laws and rules.
In private schools, dispute arising from employer-employee relations shall fall under the
jurisdiction of the Ministry of Labor and Employment as provided for by law regulations:
Provided, That in view of the special employment status of the teaching and academic non-
teaching personnel, and their special roles in the advancement of knowledge, standards set
or promulgated jointly by the Ministry of Education, Culture and Sports and by the Ministry of
Labor and Employment shall be applied by the Ministry of Labor and Employment: Provided,
further, That every private school shall establish and implement an appropriate system
within the school for the prompt and orderly settlement of provisions of Articles 262 and 263
of the Labor Code.

CHAPTER 5
School Finance and Assistance

Section 33. Declaration of Policy - It is hereby declared to be the policy of the State that the
national government shall contribute to the financial support of educational programs
pursuant to goals of education as declared in the Constitution. Towards this end, the
government shall:

1. Adopt measures to broaden access to education through financial assistance and

other forms of incentives to schools, teachers, pupils and students; and

2. Encourage and stimulate private support to education through, inter alia, fiscal and
other assistance measures.

A. FUNDING OF REPUBLIC SCHOOLS

Section 34. National Funds - Public school shall continue to be funded from national funds:
Provided, That local governments shall be encouraged to assume operation of local public
schools on the basis of national fund participation and adequate revenue sources which may
be assigned by the national government for the purpose.

Section 35. Financial Aid Assistance to Public Secondary Schools - The national
government shall extend financial aid and assistance to public secondary schools
established and maintained by local governments, including barangay high schools.

Section 36. Share of Local Government - Provinces, cities and municipalities and
barangays shall appropriate funds in their annual budgets for the operation and maintenance
of public secondary schools on the basis of national fund participation.

Section 37. Special Education Fund - The proceeds of the Special Education Fund accruing
to local governments shall be used exclusively for the purposes enumerated in Section 1 of
Republic Act No. 5447, and in accordance with rules and regulations issued by the Ministry
of Education, Culture and Sports and the Ministry of the Budget. Said proceeds shall be
considered a local fund and shall be subject to Presidential Decrees No. 477, Presidential
Decree No. 1375 and other applicable local budget laws and regulations.

Section 38. Tuition and other School Fees - Secondary and post-secondary schools may
charge tuition and other school fees, in order to improve facilities or to accommodate more
students.

Section 39. Income from other Sources - Government-supported educational institution may
receive grants, legacies, donations and gifts for purposes allowed by existing laws.
Furthermore, income generated from production activities and from auxiliary enterprises may
be retained and used for schools concerned in accordance with rules and regulations jointly
issued consistently with pertinent appropriation and budgetary laws by the Ministry of the
Budget, the Ministry of Education, Culture and Sports and the Commission on Audit.

B. FUNDING OF PRIVATE SCHOOLS

Section 40. Funding of Private Schools - Private schools may be funded from their capital
investment or equity contributions, tuition fees and other school charges, grants, loans,
subsidies, passive investment income and income from other sources.

Section 41. Government Assistance - The government, in recognition of their

complementary role in the educational system, may provide aid to the programs of private
schools in the form of grants or scholarships, or loans from government financial institutions:
Provided, That such programs meet certain defined educational requirements and standards
and contribute to the attainment of national development goals.

Section 42. Tuition and Other Fees - Each private school shall determine its rate of tuition
and other school fees or charges. The rates and charges adopted by schools pursuant to
this provision shall be collectible, and their application or use authorized, subject to rules and
regulations promulgated by the Ministry of Education, Culture and Sports.

Section 43. Income from Other Sources - Any private school duly recognized by the
government, may receive any grant and legacy, donation, gift, bequest or devise from any
individual, institution, corporation, foundation, trust of philanthropic organization, or research
institution or organization as may be authorized by law.

Furthermore, private schools are authorized to engage in any auxiliary enterprise to

generate income primarily to finance their educational operations and/or to reduce the need
to increase students' fees.

Section 44. Institutional Funds - The proceeds from tuition fees and other school charges,
as well as other income of schools, shall be treated as institutional funds. Schools may pool
their institutional funds, in whole or in part, under joint management for the purpose of
generating additional financial resources.

C. INCENTIVES TO EDUCATION

Section 45. Declaration of Policy - It is the policy of the State in the pursuit of its national
education development goals to provide an incentive program to encourage the participation
of the community in the development of the educational sector.

Section 46. Relating to School Property - Real property, such as lands, buildings and other
improvements thereon used actually, directly and exclusively for educational purposes shall
be subject to the real property tax based on an assessment of fifteen per cent of the market
value of such property: Provided, That all the proceeds from the payment thereof shall
accrue to a special private education fund which shall be managed and disbursed by a local
private school board which shall be constituted in each municipality or chartered city with
private educational institutions with the mayor or his representative as chairman and not
more than two representatives of the institutional taxpayers, and, likewise, not more than two
residents of the municipality or chartered city who are alumni of any of the institutional
taxpayers as members: Provided, further, That fifty percent of the additional one percent tax
on real estate property provided for under Republic Act 5447, shall accrue to the special
private education fund: Provided, finally, That in municipalities or chartered cities wherein
the number of private institutions with individual enrollment of pupils and students over five
thousand exceeds fifteen, the members of the private school board shall be increased to not
more than fourteen members determined proportionately by the Minister of Education,
Culture and Sports. The private school board shall adopt its own rules which shall enable it
to finance the annual programs and projects of each institutional taxpayer for the following
purposes; student-pupil scholarships; improvement of instructional, including laboratory,
facilities and/or equipment; library books and periodicals acquisition; and extension service
in the community, in that order of priority.

Section 47. Relating to Gifts or Donations to Schools - All gifts or donation in favor of any
school, college or university recognized by the Government shall not be subject to tax;
Provided, That such gifts or donations shall be for improvement of classrooms and
laboratory of library facilities, and shall not inure to the benefit of any officer, director, official,
or owner or owners of the school, or paid out as salary, adjustments or allowance of any
form or nature whatsoever, except in support of faculty and/or professorial chairs.

Section 48. Relating to Earnings from Established Scholarship Funds - All earnings from the
investment of any duly established scholarship fund of any school recognized by the
government, constituted from gifts to the school, and/or from contributions or other
resources assigned to said fund by the school, if said earnings are actually used to fund
additional scholarship grants to financially deserving students shall be exempt from tax until
the scholarship fund is fully liquidated, when the outstanding balance thereof shall be subject
to tax.

Section 49. School Dispersal Program - All gains realized from the sale, disposition or
transfer of property, real or personal, of any duly established private school, college or
university, in pursuance of a school dispersal program of the government or of the
educational institution as approved by the government, shall be considered exempt from tax
if the total proceeds of the sale are reinvested in a new or existing duly established school,
college, or university located in the dispersal site, within one (1) year from the date of such
sale, transfer or disposition; otherwise, all taxes due on the gains realized from the
transaction shall immediately become due and payable.

Section 50. Conversion to Educational Foundations - An educational institution may convert

itself into a non-stock, non-profit educational foundation, in accordance with the
implementing rules to be issued jointly by the Ministry of Education, Culture and Sports and
the Ministry of Finance.

In the case of stock corporations, if for any reason its corporate existence as an educational
institution ceases and is not renewed, all its net assets after liquidation of the liabilities and
other obligations may be conveyed and transferred to any non-profit educational institution
or successor non-profit educational institution or to be used in such manner as in the
judgment of said court will best accomplish the general purposes for which the dissolved
organization was organized, or to the State.

D. ASSISTANCE TO STUDENTS

Section 51. Government Assistance to Students - The government shall provide financial
assistance to financially disadvantaged and deserving students. Such assistance may be in
the form of State scholarships, grants-in-aid, assistance from the Educational Loan Fund, or
subsidized tuition rates in State colleges and universities.

All the above and similar assistance programs shall provide for reserve quotas for financially
needed but academically qualified students from the national cultural communities.
Section 52. Grant of Scholarship Pursuant to Existing Laws - Educational institutions shall
be encouraged to grant scholarships to students pursuant to the provisions of existing laws
and such scholarship measures as may hereafter be provided for by law.

Section 53. Assistance from the Private Sector - The private sector, especially educational
institutions, business and industry, shall be encouraged to grant financial assistance to
students, especially those undertaking research in the fields of science and technology or in
such projects as may be necessary within the context of national development.

IV. THE MINISTRY OF EDUCATION, CULTURE AND SPORTS

CHAPTER 1
GENERAL PROVISIONS

Section 54. Declaration of Policy - The administration of the education system and,
pursuant to the provisions of the Constitution, the supervision and regulation of educational
institutions are hereby vested in the Ministry of Education, Culture and Sports, without
prejudice to the provisions of the charter of any state college and university.

Section 55. Organization - The Ministry shall be headed by the Minister of Education,
Culture and Sports who shall be assisted by one or more Deputy Ministers.

The organization of the Ministry shall consist of (a) the Ministry Proper composed of the
immediate Office of the Minister, and the Services of the Ministry, (b) the Board of Higher
Education, which is hereby established, (c) the Bureau of Elementary Education, the Bureau
of Secondary Education, the Bureau of Higher Education, the Bureau of Technical and
Vocational Education, and the Bureau of Continuing Education, which are hereby
established, (d) Regional offices and field offices, (e) the National Scholarship Center and
such other agencies as are now or may be established pursuant to law, and (f) the cultural
agencies, namely: the National Library, the National Historical Institute, the National
Museum, and the Institute of National Language. Such of the above offices as are created or
authorized to be established under this provision, shall be organized and staffed and shall
function, subject to the approval of the President, upon recommendation of the Minister of
Education, Culture and Sports in consultation with the Presidential Commission on
Reorganization.

Section 56. The National Board of Education is hereby abolished, and its appropriations,
personnel, records, and equipment are hereby transferred to the Office of the Minister of
Education, Culture and Sports.

Section 57. Functions and Powers of the Ministry - The Ministry shall:

1. Formulate general education objectives and policies, and adopt long-range

educational plans;

2. Plan, develop and implement programs and projects in education and culture;

3. Promulgate rules and regulations necessary for the administration, supervision

and regulation of the educational system in accordance with declared policy;
 4. Set up general objectives for the school system;

5. Coordinate the activities and functions of the school system and the various
cultural agencies under it;

6. Coordinate and work with agencies concerned with the educational and cultural
development of the national cultural communities; and

7. Recommend and study legislation proposed for adoption.

Section 58. Report to the Batasang Pambansa. - The Minister of Education, Culture and
Sports shall make an annual report to the Batasang Pambansa on the implementation of the
national basic education plan, the current condition of the education programs, the adequacy
or deficiency of the appropriations and status of expenditures, the impact of education on the
different regions, the growth of enrollment, the adequacy of academic facilities, the
concentration of low income groups, or the supply of teaching and non-teaching personnel,
with such comments and appropriate recommendations thirty (30) days before the opening
of its regular session.

CHAPTER 2
BOARD OF HIGHER EDUCATION

Section 59. Declaration of Policy - Higher education will be granted towards the provision of
better quality education, the development of middle and high-level manpower, and the
intensification of research and extension services. The main thrust of higher education is to
achieve equity, efficiency, and high quality in the institutions of higher learning both public
and private, so that together they will provide a complete set of program offerings that meet
both national and regional development needs.

Section 60. Organization of the Board of Higher Education - The Board of Higher Education
is reconstituted as an advisory body to the Minister of Education, Culture and Sports. The
Board shall be composed of a Deputy Minister of Education, Culture and Sports designated
as Chairman and four other members to be appointed by the President of the Philippines
upon nomination by the Minister of Education, Culture and Sports for a term of four years.
The four members shall have distinguished themselves in the field of higher education and
development either in the public or private sector. In the initial appointment of the non-ex
officio members, the first appointee shall serve for a term of four years; the second for a
term of three years; the third for a term of two years; and the fourth for a term of one year.
The Director of the Bureau of Higher Education shall participate in the deliberation of the
Board but without the right to vote. The Bureau of Higher Education shall provide the Board
with the necessary technical and staff support: Provided, That the Board may create
technical panels of experts in the various disciplines as the need arises.

Section 61. Function of the Board of Higher Education. - The Board shall:

1. Make policy recommendations regarding the planning and management of the

integrated system of higher education and the continuing evaluation thereof.

2. Recommend to the Minister of Education, Culture and Sports steps to improve the
governance of the various components of the higher education system at national
and regional levels.

3. Assist the Minister of Education, Culture and Sports in making recommendation

relatives to the generation of resources and their allocation for higher education.
 CHAPTER 3
THE BUREAUS

Section 62. Bureau of Elementary Education - The Bureau shall perform the following
functions:

1. Conduct studies and formulate, develop, and evaluate programs and educational
standards for elementary education;

2. Undertake studies necessary for the preparation of prototype curricular designs,

instructional materials, and teacher training programs for elementary education; and

3. Formulate guidelines to improve elementary school physical plants and

equipment, and general management of these schools.

Section 63. Bureau of Secondary Education - The Bureau shall perform the following
functions:

1. Conduct studies and formulate, develop and evaluate programs and educational
standards for secondary education;

2. Develop curricular designs, prepare instructional materials, and prepare and

evaluate programs to update the quality of the teaching and non-teaching staff at the
secondary level;

3. Formulate guidelines to improve the secondary school physical plants and

equipment, and general management of these schools.

Section 64. Bureau of Technical and Vocational Education. - The Bureau shall perform the
following:

1. Collaborate with other agencies in the formulation of manpower plans;

2. Conduct studies, formulate, develop and evaluate post-secondary vocational-

technical programs and recommend educational standards for these programs;

3. Develop curricular designs and prepare instructional materials, prepare and

evaluate programs to upgrade the quality of teaching and non-teaching staff, and
formulate guidelines to improve the physical plant and equipment of post-secondary
vocational-technical schools.

Section 65. Bureau of Higher Education - The Bureau of higher Education shall perform the
following functions:

1. Develop, formulate and evaluate programs, projects and educational standards for
a higher education;

2. Provide staff assistance to the Board of Higher Education in its policy formulation
and advisory functions;

3. Provide technical assistance to encourage institutional development programs and

projects;
 4. Compile, analyze and evaluate data on higher education; and

5. Perform other functions provided for by law.

Section 66. Bureau of Continuing Education - As the main implementing arm of the non-
formal education programs of the Ministry, the Bureau shall provide learning programs or
activities that shall:

1. Serve as a means of meeting the learning needs of those unable to avail

themselves of the educational services and programs of formal education;

2. Provide opportunities for the acquisition of skills necessary to enhance and ensure
continuing employability, efficiency, productivity, and competitiveness in the labor
market;

3. Serve as a means for expanding access to educational opportunities to citizens of

varied interests, demographic characteristics and socio-economic origins or status.

CHAPTER 4
REGIONAL OFFICES

Section 67. Functions - A regional office shall:

1. Formulate the regional plan of education based on the national plan of the Ministry
taking into account the specific needs and special traditions of the region;

2. Implement education laws, policies, plans, programs, rules and regulations of the
Ministry or agency in the regional area;

3. Provide economical, efficient and effective education services to the people in the
area.

V. MISCELLANEOUS PROVISIONS

CHAPTER 1
PENAL ADMINISTRATIVE SANCTIONS

Section 68. Penalty Clause - Any person upon conviction for an act in violation of Section
28, Chapter 3, Title III above, shall be punished with a fine of not less than two thousand
pesos (P2,000.00) nor more than ten thousand pesos (P10,000.00) or imprisonment for a
maximum period of two (2) years, or both, in the discretion of the court.

If the act is committed by a school corporation, the school head together with the person or
persons responsible for the offense or violation shall be equally liable.

Section 69. Administrative Sanction - The Minister of Education, Culture and Sports may
prescribe and impose such administrative sanction as he may deem reasonable and
appropriate in the implementing rules and regulations promulgated pursuant to this Act for
any of the following causes:
 1. Mismanagement of school operations;

2. Gross inefficiency of the teaching or non-teaching personnel;

3. Fraud or deceit committed in connection with the application for Ministry permit or
recognition;

4. Failure to comply with conditions or obligations prescribed by this Code or its

implementing rules and regulations; and

5. Unauthorized operation of a school or course, or any component thereof, or any

violation of the requirement governing advertisements or announcements of
educational institutions.

Sanctions against the schools shall be without prejudice to the interest of the students,
teachers and employees.

CHAPTER 2
ADMINISTRATIVE PROVISIONS

Section 70. Rule-making Authority - The Minister Education, Culture and Sports charged
with the administration and enforcement of this Act, shall promulgate the necessary
implementing rules and regulations.

Section 71. Separability Provision - Any part or provision of this Act which may held invalid
or unconstitutional shall not affect its remaining parts of provisions.

Section 72. Repealing Clause - All laws or parts thereof inconsistent with any provision of
this Act shall be deemed repealed or modified, as the case may be.

Section 73. Effectivity - This Act shall take effect upon its approval.

Approved, September 11, 1982.

Republic Act No. 7798

AN ACT AMENDING SECTION 25 OF BATAS PAMBANSA BLG. 232, OTHERWISE KNOWN AS
THE "EDUCATION ACT OF 1982"
REPUBLIC ACT NO. 7798

AN ACT AMENDING SECTION 25 OF BATAS PAMBANSA BLG. 232, OTHERWISE KNOWN AS

THE "EDUCATION ACT OF 1982"

SECTION 1. Section 25, Chapter 3 of the Education Act of 1982 is hereby amended to read as
follows:

"Sec. 25. Establishment of Schools. — All schools shall be established in accordance with law
.The establishment of new national schools and the conversion of existing schools from
elementary to national secondary schools or from secondary to national secondary or tertiary
schools shall be by law: Provided, That any private school proposed to be established must
incorporate as either a non-stock or a stock educational corporation in accordance with the
provisions of the Corporation Code of the Philippines. This requirement to incorporate may be
waived in the case of family-administered pre-school institutions.

"Provided, That the minimum paid-up capital for stock educational institutions for those
engaged in elementary education shall not be less than One million pesos (P1,000,000.00); not
less than Two million five hundred thousand pesos (P2,500,000.00) for those offering both
elementary and secondary education; and not less than Five million pesos (P5,000,000.00) for
those offering elementary, secondary and tertiary and postgraduate courses, except existing
educational institutions organized as stock corporations which may retain their original
capitalization.

"Existing educational institutions organized as stock corporations may automatically apply

for renewal of their corporate existence when the original period is about to expire.
"Provided, finally, That stock educational institutions may be allowed only in capital-intensive
courses of study as may be determined by the Department of Education, Culture and Sports,
the Commission on Higher Education, and the Department of Science and Technology, as the
case may be.

"Any school that is established or organized as a stock corporation shall be ineligible for any
form of government subsidy, incentive or assistance, except those given to individual students
and teachers in the form of scholarships, student loans or other forms of subsidy as already
mandated under existing laws. Government assistance to non-stock schools for educational
programs shall be used exclusively for that purpose. "Taxes shall not be due on donations to
educational corporations."

Sec. 2. The Department of Education, Culture and Sports and the Commission on Higher
Education, as the case may be, are hereby authorized to formulate within sixty (60) days from
the approval of this Act implementing rules and guidelines governing the establishment and
operation of stock educational corporations that may be organized pursuant to this Act with
particular emphasis on meeting the objectives of quality education and academic excellence
provided for by the provisions of Batas Pambansa Blg. 232, otherwise known as the Education
Act of 1982.

Sec. 3. All laws, rules and ordinances inconsistent with this Act are hereby repealed or modified
accordingly.

Sec. 4. This Act shall take effect fifteen (15) days after its publication in at least two (2) national
newspapers of general circulation.
August 25, 1994.

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.