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The National Teachers College

629 J. Nepomuceno St. Quiapo, Manila

SCHOOL OF ADVANCED STUDIES

Topic: Manual for Regulations for Private Schools in Basic Education and the
TESDA Law and RA 7796
Discussants: Jude Patrick F. Cabading , Cristina Abanador,
Mylen Mendoza, Maritess Salvador
Professor: Dr. Crisaldo Belas
Course: Principles of Legal and Ethical Leadership
Date: March 21, 2020
*************************************************************************************

I. OBJECTIVES:
1. Discuss key concepts of the Manual of Governance for Private Schools
2. Identify key points on the TESDA Law
3. Expand issues regarding the laws mentioned
4. Apply concepts in the real context of teaching

II. CONTENTS OF THE REPORT

THE 2010 REVISED MANUAL FO REGULATIONS FOR PRIVATE SCHOOLS IN THE


BASIC EDUCATION

1) This Department hereby issues the enclosed “2010 Revised Manual of Regulations for
Private Schools in Basic Education” (2010 Revised Manual for brevity) for the guidance
and compliance of all concerned stakeholders in basic private education.

2) Any part or provision of the enclosed 2010 Revised Manual, which may be held invalid
or declared unconstitutional, shall not affect the effectivity and efficiency of operation and
implementation of the remaining parts or provision thereof.

3) Any existing Department Circulars, Orders, Memoranda, such as the 1992 Revised
Manual of Regulations for Private Schools (8th Edition) issued as DECS Order No. 92, s.
1992 dated August 10, 1992, or any part thereof which are contrary to or inconsistent with
any provision of the enclosed 2010 Revised Manual shall be deemed repealed or
modified accordingly.

4) The enclosed 2010 Revised Manual of Regulations for Private Schools in Basic
Education shall take effect beginning School Year 2010-2011.

5) Immediate dissemination of and strict compliance with this Order is hereby directed.

(SGD) MONA D. VALISNO


Secretary
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2010 REVISED MANUAL OF REGULATIONS FOR PRIVATE SCHOOLS IN BASIC
EDUCATION
I. GENERAL PROVISIONS

Section 1. Title. This Manual shall be known as the 2010 Revised Manual of Regulations
For Private Schools In Basic Education.

Section 2. Coverage. This Manual shall apply to all private educational institutions in
basic education except as otherwise provided herein.

Section 3. Minimum Standards or Criteria. The standards or criteria provided in this


Manual are the minimum required for government recognition, and schools may adopt
higher standards or criteria consistent with laws, rules and regulations.

Section 4. Fundamental State Policies on Education. The following are the


fundamental state policies relevant to private schools in basic education:

1) Education For All (EFA). 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.

2) Complete Adequate and Integrated System of Education. The State shall establish,
maintain and support a complete, adequate and integrated system of education relevant
to the needs of the people and society.

3) Scholarship Grants, Student Loan Programs, Subsidies. The State shall establish
and maintain a system of scholarship grants, student loan programs, subsidies and other
incentives which shall be available to deserving students in both public and private
schools especially to the underprivileged.

4) Alternative Learning Systems. The State shall encourage non-formal, informal, and
indigenous learning systems as well as selflearning, independent, and out-of-school study
programs particularly those that respond to community needs. The State shall provide
adult citizens the disabled and out-of-school youth with training in civics, vocational
efficiency and other skills.

5) Constitution as Part of Curricula. All educational institutions shall include the study
of the Constitution as part of the curricula.

6) Inculcating Patriotism, Nationalism and Other Values. Educational institutions shall


inculcate patriotism and nationalism, foster love of humanity, respect for human rights,
appreciations 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

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moral character and personal discipline, encourage critical and creative thinking, broaden
scientific and technological knowledge and promote vocational efficiency.

7) Complementary Roles of Public and Private Institutions in the Educational


System. 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.

8) Ownership of Schools. All private schools 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.

9) Control and Administration of Schools. The control and administration of


educational institutions shall be vested in citizens of the Philippines.

10) Establishment of Schools for Aliens and Composition of Aliens in


Enrollment. 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. Said
prohibitions do not apply to schools established for foreign diplomatic personnel and their
dependents and, unless otherwise provided by law, for other foreign temporary residents.

11) Exemption from Taxes and Duties. 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. Likewise, subject to conditions prescribed by law,
all grants, endorsements, donations or contributions used actually, directly and
exclusively for educational purposes shall be exempt from tax. 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.

12) Educational Policies and Programs. 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.

13) Academic Freedom. Academic freedom shall be enjoyed in all institutions of higher
learning.
14) Right to Choose a Profession. Every citizen has a right to select a profession or
course of study, subject to fair, reasonable and equitable admission and academic
requirements.

15) Right of Teachers to Professional Advancement. 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.
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16) Highest Budgetary Priority. 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.

Section 5. Definition of Terms. Except as otherwise provided, the terms below shall be
construed as follows:

a. “Government” includes the National Government, the local governments, and


all other instrumentalities, agencies or branches of the Republic of the Philippines,
including government-owned or controlled corporations and their subsidiaries.

b. “Department” refers to the Department of Education.

c. “Secretary” refers to the Secretary of Education.

d. “Bureau of Elementary Education” refers to the Bureau which is functionally


assigned to pre-school and elementary levels.

1) “Bureau of Secondary Education” refers to the Bureau which is


functionally assigned to the secondary level.

2) “Bureau of Alternative Learning System” refers to the Bureau which


is functionally assigned to the alternative learning system.

e. “Regional Office” refers to any of the regional offices of the Department which
has jurisdiction over the school of institution concerned.

f. “School” means an educational institution, private or public, undertaking


educational operations with an organized group of pupils or students pursuing
defined studies at defined levels, receiving instructions from teachers, usually
located in a building or group of buildings in a particular physical or cyber site
recognized by the State and specifically intended for educational purposes.
1) Pre-School Course applies to any class below Grade I.
2) Primary Course applies to Grades I to IV inclusive.
3) Intermediate Course applies to Grades V to VI or VII inclusive
4) Secondary Course applies to First to Fourth Year of the High School
Level.

g. “Private School” means a privately owned and managed institution for


teaching and learning, established and authorized by the Department to operate
certain educational programs in accordance with law and the prescribed policies
and rules of the Department.
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h. “Foreign or International School”, as distinguished from a Philippine private


school, is one that is duly established and authorized in accordance with existing
Philippine laws to operate certain educational programs which primarily and
principally adhere to either universally accepted and recognized educational
policies and standards or the unique differentially prescribed system of education
of a particular country other than the Philippines.

1) “Integrated School” refers to a school that offers complete basic


education in one school site and has unified instructional programs.

2) “Learning Center” may refer to a physical space to house learning


resources and facilities, or it may be an area designated for convening a
group of learners for the purpose of teaching. It is a venue for face-to-face
learning activities and other opportunities for development and
improvement of the people’s quality of life.

i. “Government Authority” means either a permit or recognition issued by the


Department to a private school for the operation of a particular educational
program.

i “Educational Program” refers to a specific course of study in any of the basic


education level, that is pre-school, elementary, secondary, special education and
alternative learning system with core curriculum.

k. “Department Policies and Rules” refers to the minimum standards or


guidelines issued or prescribed by the Department governing the establishment of
a private school, the operation of its educational programs and activities, and the
management of its affairs.

l. “School Policies and Rules” means the internal governance system of each
private school, including its own prescribed standards, as defined and approved
by its governing body in accordance with law, and the applicable policies and rules
of the Department.

m. “Members of the Community” refers to the general membership of every


private school established in accordance with law and duly authorized by the
Department to operate certain educational programs or courses. The term
includes, either singly or collectively, the following:
1) Pupil means a child who regularly attends classes in any grade of the
elementary education level, including pre-school, under the supervision and
tutelage of a teacher.

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2) Student means any person who is regularly enrolled and engaged in
formal education studies and attends classes at the secondary or higher
education levels.
3) School Personnel means the persons, singly or collectively, working in
a private school. They are classified as follows:
a. “School Head” refers to the chief executive officer of a private
school.

b. “Other School Officials” include other school officers, including


teachers who are occupying supervisory positions of responsibility
and are involved in policy implementation in a private school.

c. “Academic Personnel” includes all school personnel who are


formally engaged in actual teaching service or in research
assignments, either on full-time or part-time basis, as well as those
who possess certain prescribed academic functions directly
supportive of teaching, such as registrars, librarians, guidance
counselors, researchers, and other similar persons. They may
include school officials responsible for academic matters, and other
school officials.

d. “Non-academic personnel” means school personnel usually


engaged in administrative functions who are not covered under the
definition of academic personnel. They may include school officials.

n. “Formal Education” refers to 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 learners must obtain a certification in order to enter or advance to the next
level.
o. “Non-formal education” refers to any organized systematic educational
activity carried outside of the framework of the formal system to provide selected
types of learning to a segment of the population.

p. “Special Education” refers to the education of persons who are physically,


mentally, emotionally, socially or culturally different from so-called “normal”
individuals, such that they require modification of school practices/services to
develop them to their maximum capacity. Special education provides distinct
services, facilities, curricula, and instructional materials, which are geared to pupils
or students who are significantly higher or lower than the average or norm, on the
basis of which special treatment is called for.

q. “Accreditation” means the process leading to the issuance of a certificate of


accredited status by an organized body of educational institutions attesting to the
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quality or standards of a private school or to any of its educational programs or
courses, and to the effectiveness of the management and operations of the private
school offering the program as exceeding the minimum standards or criteria for
government recognition as provided for in this Manual. Accreditation shall be
voluntary in nature.

r. “Deregulation” is a necessary consequence of voluntary accredited status


whereby the Department accords to a private school certain benefits and
advantages as may be provided for in this Manual and in applicable legislation. As
used in this Manual, deregulation is not considered as absolute, but represents
degrees in the liberalization of rules and regulations.

II. BASIC EDUCATION

Section 6. Coverage.
6.1. Basic Education 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.

6.2. Basic Education shall have five (5) main programs, namely: preschool,
elementary, secondary, special needs education and alternative learning systems.

6.3. Elementary education programs shall cover at least Grades I to VI; secondary
education programs from First year to Fourth year or a total of ten (10) school
years in the formal school system. Pre-school shall not be a prerequisite for
enrollment of a pupil to Grade I.

6.4. To ensure proper implementation of the Education For All (EFA) policy of the
government, alternative learning systems shall provide for the training needs of
out-of-school youths and adults, 15 years old and above.

Section 7. Administration. The administration of the educational system and the


reasonable supervision and regulation of all educational institutions shall be vested in the
Department without prejudice, however, to the charter of any state university or college.

Section 8. Levels in Basic Education. Formal education shall correspond to the


following levels in basic education:

a. The first level or Elementary Education involves compulsory, formal education


primarily concerned with providing basic education, and usually corresponds to a
traditional six or seven grade, and in addition, pre-school programs. Such pre-
school education normally consists of kindergarten schooling, but may cover other
preparatory courses as well.

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b. The second level or Secondary Education is concerned primarily with continuing
basic education of the elementary level and expanding it to include the learning of
employable gainful skills, usually corresponding to four years of high school.

Section 9. Curricular Programs.


9.1. The curricular programs shall be suggestive patterns and models for the
guidance of field officials and teachers. These may be enriched or modified to suit
the needs of the learners and the conditions in the school and community, provided
however, that any radical departure from the specified subjects and curricula shall
have the approval of the Secretary of Education.

9.2 The development and organization of the curricular programs must focus on
the learner’s total development. The curricula shall be based on the fundamental
aims of education set forth in Article XIV Section 2 of the 1987 Philippine
Constitution, B.P. Big. 232 also known as the Education Act of 1982, and other
statutes.

Section 10. Major Programs in Basic Education.


10.1. Pre-School Education or Early Childhood Education. It refers to the
educational program/s preparatory to Grade I to develop the child in all aspects
physical, social, emotional, moral and cognitive, so that he/she may be better
prepared to tackle formal school works and cope with the demands of complex life.

10.1.1. Focus of the Curriculum. The Early Childhood Education (ECE)


Learning Areas include activities that develop in each child communication
skills in English and Filipino, numeracy skills, sensory perceptual skills,
socio-emotional skills, motor and creative skills.

10.2. Basic Education


Objectives. For the purpose of realizing the potentials of each and every
pupil in the formal education system, the following objectives of elementary
education should be realized:
a. To provide 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;

b. To provide learning experiences which shall increase the learner’s


awareness of, and responsiveness to, the changes and demands of
society and prepare him/her for constructive and effective
involvement;

c. To promote and intensify the learner’s knowledge of identification


with, and love for the nation and the people to which he/she belongs;
and
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d. To promote experiences which develop the learner’s orientation to the
world of work and creativity and prepare himself/herself to engage in honest
and gainful work.

10.2.1. Organization of Classes.

a. No teacher shall have a load of more than 360 minutes of actual teaching per day
unless required in the Collective Bargaining Agreement (CBA) provided, however, that
any load in excess of 360 minutes of actual teaching per day shall be given additional
overtime pay of at least 25% of the regular pay, which may be increased by the CBA.

b. The maximum daily time for classroom teaching is suggested to be 320 minutes for
Grades l-ll, 360 minutes for Grades III-IV and 380 minutes for Grades V-VI for regular
classes.

c. Special education classes for the highly gifted and fast learners, mentally handicapped,
visually impaired, hearing impaired, learning disabled, speech defective, autistic children,
children with behavior or special health problems, and physically handicapped learners
may be organized by the educational institution to cater to the special needs of these
children.

10.2.2. Elementary Education Curriculum. Private schools shall follow the following
elementary education curriculum to serve as the “core” curriculum which they may
augment with additional subjects and/or with additional time.

10.3. Special Needs Education.

Special Needs Education. It shall refer to the education of persons who are gifted or
talented as well as those who have physical, mental, social or sensory impairment. Such
group may require modifications of the school curricula, programs and special services
and physical facilities to help them develop to their maximum capacity. These persons
shall include the gifted/talented, the fast learners, the mentally retarded, the visually
impaired, the hearing impaired, those with behavioral problems, and the orthopedically
handicapped.

THE FUND FOR ASSISTANCE OF PRIVATE EDUCATION

The Private Education Assistance Committee (PEAC) is a five (5)-member committee


constituted to serve as trustee of the Fund for Assistance to Private Education (FAPE), a
permanent and irrevocable trust fund. The committee possesses powers and authorities
enumerated under Executive Order (E.O.) No. 156, series of 1968, as amended. It is
composed of the following:

 Secretary of Education as Chairperson;


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 A representative from NEDA as a member;
 A representative of the Catholic Educational Association of the Philippines
(CEAP) as a member;
 A representative of the Association of Christian Schools, Colleges and
Universities (ACSCU) as a member; and
 A representative of the Philippine Association of Colleges and Universities
(PACU) as a member.

Pursuant to E.O. No. 156, series of 1968, as amended, PEAC is allowed to hire
administrative staff to assist it in running its programs and activities. In this regard, it has
created the PEAC National Secretariat (PEAC NS) that is headed by PEAC’s Secretary
who also acts as Executive Director appointed by PEAC for a fixed term.

Under E.O. No. 150, series of 1994, amending Section 2 of E.O. No. 156, series of 1968,
PEAC was granted the express authority to manage and administer contributions,
donations, grants, bequests, gifts and/or loans from the Government of the Republic of
the Philippines for programs of assistance to private education.

In 1982, the Department of Education (DepEd), through the assistance of PEAC,


successfully piloted a scheme which served as a precursor to the Education Service
Contracting (ESC) and provided a cost-effective alternative to public school expansion by
entering into service contracts with private schools that would accommodate overflow
students from the public schools as well as students in communities where there were no
public schools, thus enabling the Government to realize substantial savings.

In recognition of the favorable outcome of and feedback on the ESC program during its
pilot phase for the period 1982-1986 and its national implementation handled by PEAC
from 1986-1991, DepEd since 1996 up to the present has engaged PEAC as co-
implementer to assist it in the management and implementation of the ESC, Teachers’
Salary Subsidy (TSS), Senior High School Voucher Program (SHS VP), as well as In-
Service Training (INSET) of the Government Assistance to Students and Teachers in

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Private Education (GASTPE) program established under R.A. No. 6728, as amended
by R.A. No. 8545 for private school programs.

The Regional Secretariats headed by the Regional Program Directors who are Presidents
of private educational institutions in 16 regions are part of the PEAC infrastructure for
program management.

In 2004, PEAC developed the Certification Program for the ESC to ensure that
participating schools comply with the DepEd minimum requirements for the junior high
school program. The certification assessment instrument was recently revised to reflect
the K-12 standards and other DepEd policies. As a requirement for participation in the
ESC, PEAC certified more than 3,000 of the total number of participating schools in school
year 2018-2019. PEAC also visited a total of 445 participating schools for recertification
and 154 applicant schools for certification this school year.

PEAC is presently developing an instrument to assess the delivery of senior high school
providers participating in the voucher program through the commissioned research,
“Development and Field Testing of a Certification Assessment Instrument for Schools
Participating in the SHS Voucher Program.” At present, the researchers have conducted
focus group discussions participated in by administrators from private SHS providers,
SUCs and LUCs that offer SHS in Luzon, Visayas, and Mindanao to elicit their
understanding of the SHS requirements, the challenges and best practices in
implementing the senior high school program.

Another notable research project that PEAC supports is the study, “Strengthening the
Complementarity of Private and Public Education: Towards Greater Inclusion, Efficiency
and Freedom of Choice,” by the Philippine Association of Colleges and Universities
(PACU). The study aims to analyze public and private sector roles in the finance,
provision, and regulation of education services; and assess existing and proposed
policies and programs related to complementarity of public and private education.
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The Professional Regulation Commission (PRC) has accredited PEAC as a CPD
provider and all its training courses that allow the participants to earn credit units required
for the renewal of their professional licenses.
It is noteworthy to mention that because of its nature, PEAC is able to marshall support
from the private schools in the country, allowing it to tap the vast talent in the sector.
Certifiers, trainers and monitors are credible school officials and faculty members from
the private schools participating in the programs.
In sum, the PEAC has been an effective instrument to operationalize “complementarity”
between private and public schools as provided in the Philippine Constitution. It
has also been an incorruptible partner of the education agencies in efficiently co-
implementing national subsidy programs for students and teachers in private schools

RELEVANT READING #1- THE PRIVATE EDUCATION


November 18, 2019 at 12:20 am by Jude Acidre

Two weeks ago, I moderated a dialogue between representatives of the Catholic


Educational Association of the Philippines (CEAP) led by its president, Fr. Elmer G. Dizon
of the Archdiocese of San Fernando (Pampanga) and officials of the Department of
Education and the Commission on Higher Education headed by DepEd Secretary Leonor
Briones and CHED Executive Director Atty. Cinderella Filipina Benitez-Jaro. The meeting
was made possible through the efforts of House Majority Leader Ferdinand Martin G.
Romualdez, who was also present through most part of the discussion.
The CEAP officials, representing more than 1,500 Catholic schools in the country,
presented the growing challenges faced by the private education sector in the Philippines.
They expressed concerns regarding the sustainability of the private education sector,
including the increasing migration of private school teachers to the public school system
and apparently skewed competition between private and public schools.
Despite the intensity of the issues raised by the CEAP officials, the meeting turned
to be warm and congenial. Secretary Briones was quick to point out that she once served
as president of Silliman University, a private university in Dumaguete City, and thus she

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fully understood the concerns of the private schools. In fact, to date, she mentioned that
more than 1,000 private schools had already closed down due to dwindling resources
and decreasing enrollment.
Listening to the friendly exchange of views between government and private
education stakeholders validated my personal view that private education in the
Philippines needs more attention and support than what it is getting at the moment.
A prevailing secularist perspective in governance tends to oppose increase public funding
for private, especially sectarian, schools, citing the often-misquoted principle of the
separation of Church and State.
But it is surprisingly to note that in many strong democracies, including the United
States, public funding is afforded to private schools, with the caveat that the subsidy is
paid to the private or faith-based institutions that own and manage these private schools
in consideration of the public service that they provide.
The state of private education in the country is worth examining. The role
that private schools has played in the education of young Filipinos cannot be
denied, and I daresay, indispensable, if we were to ensure the availability of quality
education services.
There are two main reasons that I can think of why the government should
ensure the sustainability of private educational institutions—
 cost efficiency of subsidizing private schools and
 the complementarity between public and private schools.
Simply put, it is far more cost efficient for government to subsidize private schools
than construct and operate more public schools. In many cities and municipalities with
growing student populations, it will be more affordable for the government to subsidize
the enrollment of students in existing private schools than to establish new schools,
construct new school buildings and hire additional teachers. Furthermore, with private
schools already in place, the results of subsidizing private schools would be immediately
available and the students can almost immediately avail of educational services. But
instead of maximizing the opportunities and capabilities that private schools provide, in

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recent years, the subsidy provided to private schools have has been reduced significantly,
In fact, seldom is it pointed out that while government schools are financed by public
funds, private schools struggle to pay for their operations, relying significantly on income
derived from income payments. With the dwindling enrollment in private schools, the
logical outcome is almost inevitable.
What our public policymakers fail to consider is that neglecting our private
schools is a missed opportunity for us in widening access to quality education.
With these schools already in place, the more cost efficient course of action would
simply to subsidize these private schools. In fact, there are several government
subsidies already in place available to both students and teachers in public school.
However, it seems that these subsidies are not, in themselves, enough to keep our private
schools in operation. More than just subsidies such as vouchers for students and
scholarship for teachers, it might be worth to consider performance-based soft loans or
grants for private schools that will finance infrastructure projects or purchase equipment
and learning materials. For example, if a particular private school can retain or increase
its enrollment by a specific percentage, or meet a particular performance indicator such
as the passage rate in the national assessment exams—the school can then qualify for a
soft loan or grant, subject to certain conditions.
Worse, with subsidies being reduced significantly in recent years, private
schools have had to raise their income, in most case this means increasing tuition
fees. But that they can do only to an extent—or else they risk losing even more
students to public schools.
Second, the country’s educational system must aim for stronger complementarity
between public and private schools, thus ensuring diversity not only in pedagogical
techniques but more importantly in terms of specific learning perspectives. The
complementary roles of public and private schools is, of course, provided for by Article
XIV, Sec 4 of the Constitution. Unfortunately, the modality of how this complementarity
still warrants a clear-cut delineation, or at the very least, definition of roles. CEAP Past
President Joel E. Tabora, S.J. defined in clear terms what complementarity means,

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“combining different things in such a way as to enhance or emphasize each other’s
qualities. It could more simply be defined as supplying mutual needs or offsetting mutual
lacks.” In the context of the relationship between private and public educational
institutions, these means a co-enriching existence between them, with the end of
providing educational services to young Filipinos.
The opposite appears to happen, though, much to the detriment of our private
schools. Educational policies, especially the allocation of resources, seem to favor
government school with limited opportunity available for private schools to cope with the
demands of the revised curriculum and other learning requirements. Unfortunately, this
complementarity is often negatively perceived as competition between government and
private schools, instead of both of them mutually enriching the teaching and learning
capabilities, benefiting in the end the students of both school types. Until recently,
government policy has appeared to favor supporting private schools insofar as it serves
the purpose of facilitating access to education or alleviating the congestion in a number
of government schools, without taking into consideration what private schools can and
has actually contribute towards improving the quality of learning in our schools.
Government schools follow a standard curriculum, while private schools
have a more pronounced space for innovation, creativity, flexibility, and cultural or
ideological specialization—including religious education. This allows not only for
greater diversity, but more importantly, in ensuring both learning content and methods
that are even more adaptive, if not, responsive to shifting demands of both learners and
later on, of the labor market. The dialogue ended well, with Secretary Briones
emphasizing her years of working with a private university. It was admitted that much is
to be desired in terms of maximizing the role of private education, whether in terms of
increasing subsidies or instituting grants or soft loans to private schools. It was also
mentioned that education policies must balance interests of both public and private
schools, including regulating the establishment of government schools in communities
where there is already a private school. I think a window of opportunity has opened to

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private schools, one that would lead our education policymakers to review the roles that
private schools play in our educational system.
RELEVANT READING #2- LEGAL CHALLENGES IN PRIVATE EDUCATION
ByJoseph Noel M. Estrada
August 4, 2017

EDUCATION is perhaps the most important function of the State. This function is
realized through the schools, whether it be in public or private or religious schools. The
cost of delivering basic education to 27 million Filipino learners and college education to
4 million students is high that even the government cannot afford entirely. Even as we
await the President’s signature on the Universal Access to Quality Tertiary Education bill,
free education is still only up to secondary level. The mandate of the Constitution is to
protect and promote the right of all citizens to accessible and quality education at all
levels.
Accessible education is a shared responsibility among the parents,
government, and the private sector. But even as the State recognizes the
complementary roles of the public and the private schools, this principle has yet to be
operationalized. We need to legislate complementarity. While the private and religious
schools share in the responsibility of government to deliver education, it should be able
to thrive and maintain its distinctiveness, as non-government schools. Over the past few
decades, the private schools have been fighting against legislative measures and
administrative issuances that make them look like public schools.
Unreasonable laws and regulations
I have seen them all as a lawyer in the field of education. For example, a parent
enrolls a child in a private school and avails of its installment plan, reneges on the
obligation, and insists as a matter of right to stay in the private school and be allowed to
take the examinations. Since then, a “no-permit, no-exam bill” has been proposed in
Congress making it unlawful for a private school to refuse examination on account of
unpaid tuition. A student who has unpaid and outstanding financial accountabilities with
a private school cannot obtain his transfer credentials, and yet, is able to validly transfer
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and be accepted in a public school without them. And the unending abhorrence to tuition
increases. Tuition regulation stifles quality initiatives in private schools because private
schools are fully tuition- funded by the parents. Because of these restrictions, the quality
of education in the private schools are pushed down to the minimum.
We live in a litigious society. Complaints against private schools are brought
into the legal system. The Department of Education (DepEd) and the Commission
on Higher Education (CHEd) are forced to adjudicate on rights of students and
schools like courts of law. Courts and administrative agencies are compelled to
determine how much of the government control and supervision that applies to state-
funded universities and DepEd schools should also apply to private schools and
universities.
When education is delivered in the public schools, the public school students have every
right to demand from the government free education, free admission, and provide for their
educational needs. But it ought to be different when education is delivered in the private
schools, because a contractual relationship is created between the students/parents and
the schools where they all have obligations. While these contractual relationships should
not go beyond government scrutiny and regulation, such limitation should be reasonable
and not one that impairs obligations and contracts. An abrupt moratorium on all field trips
implemented in all schools due to a single incident involving a bus carrying students is an
example of unreasonable regulation that impairs obligations and contracts of the schools
that have nothing to do with the accident.
Education as a matter of right may be invoked against the State in the public
schools, but not in the private schools. The right to continue education in the private
schools is conditioned on meeting obligations and requirements set by the school based
on its definition and standards of quality. As long as “fundamental fairness” is observed
in the private schools, and there is “color of due process,” government intervention should
be sparingly exercised. In the absence of governmental interference, the liberties
guaranteed by the Constitution cannot be invoked against private entities.

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Govt support of private education


As to government support, our country is guided by the dictum, “public money shall
be used for public purposes”. While this protects government money against corruption,
it blocks government support of students in the private schools. Government subsidy to
private education should not be viewed as violative of this principle. Education is a public
good and a public function even when it is delivered in the private sector. Thus, public
and private schools should compete for quality of their educational services and not for
government resources.
For example, the department order mandating schools to train teachers to address
bullying incidents in schools pursuant to the Anti-Bullying Act and the child protection
policy, but there’s no gov’t subsidy to implement such training and implementation of a
lawful mandate; or the implementation of Presidential Decree 577 which provides that
bona fide dependents of members of the AFP who perish in battle shall be exempt from
payment of tuition and matriculation fees in both public and private schools, universities,
colleges and other educational institutions, and yet no such subsidy is provided to ensure
its implementation. These are examples of unfunded mandates in the private schools.
This is equivalent to government taking of private property for public purposes without
payment of just compensation.
We are now in an era where deregulation is a popular mantra. Legal problems in
the private schools have undergone many changes. In the United States case of Trinity
Lutheran vs. Comer, non-establishment clause of religious organizations, a longstanding
limitation on government-private schools interaction, now permits government resources
on religious school premises. In the Philippines, we are waiting the signing into law of the
Universal Access to Quality Tertiary Education which significantly includes subsidy to
private higher education institutions. The passage of the UNIFAST Law in 2016, and now
its strengthening, to perform its mandate to implement various student financial
assistance programs to all educational institutions, both public and private, supports the
principle of complementarity in education. On the other hand, requiring certificate of tax

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exemption from non-stock, non-profit educational institutions before they can enjoy the
tax exemption conferred upon them by the Constitution no less, does not. The imposition
of LGUs on schools in the form of various exorbitant fees is a tax in disguise and an undue
burden on the private schools.
Teacher salary increases
Lastly, on teachers. At every National Teachers Day celebration, we hear
proposals to legislate a raise in the salary of public school teachers. The last proposal is
to increase it to P39,000 for entry-level teachers in the public schools. But what about the
private school teachers? Not all private schools can afford such increase in their pay.
Even with the current rate of salaries for public school teachers, the private school
teachers are lured to migrate to the public schools. The current starting salary for public
schools is P23,000 (inclusive of benefits and allowances), while the average salary in the
private schools is P13,000.00 (across all regions). In creating an artificial raising of
teachers’ pay in the public schools, and by making the difference considerably high, the
primary consideration for teaching is unduly focused on who pays higher. In the declining
teaching profession, adopting a higher salary is not always key to encourage more
teachers to join the force.
My humble proposal is for the government to subsidize salaries of private
school teachers and make them at par with their public school counterparts. After
all they are all mandated to teach the core curriculum prescribed by the DepEd. The
impassioned debate against public funding of private school teachers is centered mainly
on academic elitism. However, it is also worth considering that when private schools
provide education services, it eases the government burden of hiring more teachers in
the public schools. Private school teachers should therefore be compensated for
performing a public function in the form of salary subsidies.
In conclusion, if the government can remove the unnecessary regulatory and
legal barriers to allow more complementary participation of the private schools, we
will be at par with our Asean neighbors in providing quality and accessible
education to the Filipino youth. I appeal to our legislators today to look at private

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schools as partners of the government in the delivery of education. This complementarity
may be finally operationalized if the President signs the Universal Access to Quality
Tertiary Education bill into law on or before August 5, 2017. And of course, if this
Congress was able to draw up a tax reform amending the Tax Code despite heavy
criticisms, perhaps it is time to look at legislating a comprehensive education reform law
where public and private education complement each other in the delivery of accessible
quality education to help the government perform its mandate.

THE REPUBLIC ACT 7796- TESDA LAW


August 8, 1994 AN ACT CREATING THE TECHNICAL EDUCATION AND SKILLS
DEVELOPMENT AUTHORITY, PROVIDING FOR ITS POWERS, STRUCTURE AND
FOR OTHER PURPOSESSECTION
Section 1. Title. — This Act shall be known as the “Technical Educational and Skills
Development Act of 1994” or the“ TESDA Act of 1994.”
SECTION 2. Declaration of Policy. — It is hereby declared the policy of the State to
provide relevant, accessible, high quality and efficient technical education and skills
development in support of the development of high quality Filipino middle-level man
power responsive to and in accordance with Philippine development goals and priorities.
The State shall encourage active participation of various concerned sectors,
particularly private enterprises, being direct participants in and immediate beneficiaries of
a trained and skilled work force, in providing technical education and skills development
opportunities.
SECTION 3. Statement of Goals and Objectives. —
a) Promote and strengthen the quality of technical education and skills
development programs to attain international competitiveness.
b) Focus technical education and skills development on meeting the changing
demands for quality middle-level manpower;
c) Encourage critical and creative thinking by disseminating the scientific and
technical knowledge base of middle-level manpower development programs;

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d) Recognize and encourage the complementary roles of public and private
institutions in technical education and skills development and training systems; and
e) Inculcate desirable values through the development of moral character with
emphasis on work ethic, self-discipline, self- reliance and nationalism.
SECTION 4. Definition of Terms. — As used in this Act: a) “Skill” shall mean the
acquired and practiced ability to carry outa task or job; b) “Skills Development” shall
mean the process through which learners and workers are systematically provided with
learning opportunities to acquire or upgrade, or both, their ability, knowledge and behavior
pattern required as qualifications for a job or range of jobs in a given occupational area;
c) “Technical Education” shall refer to the education process designed at post-
secondary and lower tertiary levels, officially recognized as non-degree programs aimed
at preparing technicians, para-professionals and other categories of middle-level workers
by providing them with a broad range of general education, theoretical, scientific and
technological studies, and related job skills training.
SECTION 5- Bureau of Technical and Vocational Education (BTVE)and the personnel
and functions pertaining to technical-vocational education in the regional offices of the
Department of Education, Culture and Sports (DECS) and the apprenticeship program of
theBureau of Local Employment of the Department of Labor and Employment.
SECTION 6. Composition of the Authority. — The Authority shal lbe composed of the
TESDA Board and TESDA Secretariat.
SECTION 7. Composition of the TESDA Board. — The TESDA Board shall be
composed of the following: The Secretary of Labor and Employment Chairperson
Secretary of Education, Culture and Sports - Co-Chairperson Secretary of Trade and
Industry - Co-Chairperson Secretary of Agriculture – Member Secretary of Interior and
Local Government – Member Director-General of the TESDA Secretariat – Member In
addition, the President of the Philippines shall appoint the following members from the
private sector: two (2) representatives, from the employer/industry organization, one of
whom shall be a woman; three (3) representatives, from the labor sector, one of whom

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shall be a woman; and two (2) representatives of the national associations of private
technical-vocational education and training institutions,
Formulation of a Comprehensive Development Plan for Middle-Level Manpower. —
The Authority shall formulate a comprehensive development plan for middle-level
manpower based on a national employment plan or policies for the optimum allocation,
development and utilization of skilled workers for employment entrepreneurship and
technology development for economic and social growth.
The Authority shall evaluate the efficiency and effectiveness of agencies skills
development program and schemes to make themc onform with the quantitative
and qualitative objectives of thenational technical education and skills
development plan.
Establishment and Administration of NationalTrade Skills Standards. — There shall
be national occupational skills standards to be established by TESDA-accredited industry
committees. The Authority shall develop and implement a certification and accreditation
program in which private industry groups and trade associations are accredited to conduct
approved trade tests, and the local government units to promote such trade testing
activities in their respective areas in accordance with the guidelines to be set by the
Authority.
Skills Olympics. — To promote quality skills development in the country and with the
view of participating in international skills competitions, the Authority, with the active
participation of private industries, shall organize and conduct annual National Skills
Olympics.
RELATED READING 1- BRIEF HISTORY OF TESDA

The Technical Education and Skills Development Authority (TESDA) was established
through the enactment of Republic Act No. 7796 otherwise known as the "Technical
Education and Skills Development Act of 1994", which was signed into law by President
Fidel V. Ramos on August 25, 1994. This Act aims to encourage the full participation of
and mobilize the industry, labor, local government units and technical-vocational
institutions in the skills development of the country's human resources.
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The merging of the National Manpower and Youth Council (NMYC) of the
Department of Labor and Employment (DOLE). The Bureau of Technical and
Vocational Education (BTVE) of the Department of Education, Culture and
Sports (DECS), and The Apprenticeship Program of the Bureau of Local
Employment (BLE) of the DOLE gave birth to TESDA.
The fusion of the above offices was one of the key recommendations of the 1991
Report of the Congressional Commission on Education, which undertook a national
review of the state of Philippine education and manpower development. It was meant to
reduce overlapping in skills development activities initiated by various public and private
sector agencies, and to provide national directions for the country's technical-vocational
education and training (TVET) system. Hence, a major thrust of TESDA is the formulation
of a comprehensive development plan for middle-level manpower based on the National
Technical Education and Skills Development Plan. This plan shall provide for a reformed
industry-based training program that includes apprenticeship, dual training system and
other similar schemes.
TESDA is mandated to:
1. Integrate, coordinate and monitor skills development programs;
2. Restructure efforts to promote and develop middle-level manpower;
3. Approve skills standards and tests;
4. Develop an accreditation system for institutions involved in middle-level manpower
development;
5. Fund programs and projects for technical education and skills development; and
6. Assist trainers training programs.

At the same time, TESDA is expected to:


1. Devolve training functions to local governments;
2. Reform the apprenticeship program;
3. Involve industry/employers in skills training;
4. Formulate a skills development plan;

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5. Develop and administer training incentives;
6. Organize skills competitions; and
7. Manage skills development funds.

Overall, TESDA formulates manpower and skills plans, sets appropriate skills
standards and tests, coordinates and monitors manpower policies and programs, and
provides policy directions and guidelines for resource allocation for the TVET institutions
in both the private and public sectors.
Today, TESDA has evolved into an organization that is responsive, effective and
efficient in delivering myriad services to its clients. To accomplish its multi-pronged
mission, the TESDA Board has been formulating strategies and programs geared towards
yielding the highest impact on manpower development in various areas, industry sectors
and institutions.
KEY CONCEPTS ON TESDAY
 A National Technical Education and Skills Development Plan anchored on national
priorities as spelled out in the Philippine Development Plan and in the Investment
Priorities Plan; current labor market information; and customer needs. National
development priorities spelled out in the national plans as basis for the TESDA
Board to draw up the national TVET policies and priorities;

 A system driven by competency standards and training regulations derived from


industry requirements and specifications and guided by TVET priorities identified
by the TESDA Board;

 Training Regulations as minimum national standards that serve as basis for the
development of a competency-based curriculum and learning packages,
competency assessment tools and standards and the training and qualification of
trainers and assessors;

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 Accessibility of the System to a broad range of customers including the
unemployed, the underemployed, displaced workers, new entrants to the labor
force, technical vocational institutions and enterprise-based training providers;

 Quality of training delivery premised on an efficient and Unified TVET Program


Registration and Accreditation System (UTPRAS);

 The incorporation of a competency-based Philippine TVET Qualification and


Certification System (PTQCS) that serves as the basis for the grant of national
credentials including trainer and assessor certificates;

 Recognition of prior competencies acquired through alternative means and


through related work experiences through a system of equivalency within the entire
education system;

 Employment and productivity enhancement as ultimate metrics of the technical


vocational education and training system to effectively bring about the effective
matching of labor supply and demand;

 TESDA-enhanced TVET sector capability and capacity through financial resource


management, human resource development, physical resource management,
information management, marketing and advocacy, administrative management,
customer feedback, management of external relations and environmental
concerns;

 The entire system operationalized in a quality management system to ensure


continual improvement.

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RELATED READING # 2- PROBLEMS IN THE PHILIPPINES:
Poor regard for tech-vocational education
BY: Rey Gamboa
May 7, 2019 - 12:00am
When the President signed into law the proposed Tulong Trabaho Act in late
February this year, images of the past scandal involving the Technical Education and
Skills Development Authority (TESDA) briefly flashed in our minds.
Still fresh in our minds is a Commission on Audit (COA) report on TESDA released
in 2013 that highlighted a number of questionable payments to 11 technical vocational
institutions (TVIs) found to have overpriced tuition fees or shortened training schedules.
It was during the time when the Priority Development Assistance Fund (PDAF),
also known as pork barrel, was still in existence, and where 19 legislators were implicated
in the TESDA anomalies, mainly for having supported the questionable TVIs.
With billions of pesos made available to TESDA in recent years, either through the
national government, the pork barrel system, or donations, the COA not only revealed
“non-compliance” to TESDA training standards, but even the presence of “ghost”
students.
While the pork barrel scandal still rings loud in our consciousness, the PDAF is no
longer at the center of today’s political corruption schemes after the Supreme Court
declared its unconstitution on Nov. 19, 2013.
Tulong Trabaho
Five years after PDAF and the 2013 COA report on TESDA, the government’s
push to promote technical vocational learning through TVIs continues, albeit with more
transparency, accountability, and new standards.
The Tulong Trabaho Act, or Republic Act 11230, supports the Universal Access to
Quality Tertiary Education Act (UAQTEA), more popularly known for its provision of free
tuition fees in state universities and colleges, as well as technical-vocation education and
training (TVET), that was signed into law in 2017.
The Tulong Trabaho law will have its own funds to ensure that special training
programs (STPs) that will be identified through a Philippine Labor Force Competencies

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Competitiveness Program will be able to attract workers through the provision of free
tuition and miscellaneous fees.
Close coordination with industry boards
STPs will be closely coordinated with industry boards or bodies to respond to the
continuing discrepancies in job skill requirements by employers and job skill levels and
competencies of those seeking jobs and job promotions. It will also attempt to improve
the low employability of TVET certification holders with improved skill levels fit for higher
paying jobs.
The law also recognizes the emergence of artificial intelligence in the workplace
by constantly improving on TVET programs consistent with global standards.
The law’s implementing rules and regulations (IRR) are being drafted, and
consultations with industry boards are ongoing. Hopefully, a meaningful IRR will be able
to address the problems of job mismatches, but more so, the availability of training
facilities for specialized skills.
Largest learning network
TESDA can be considered as the largest learning network for Filipinos in the
country, overseeing the services of more than 7,200 institutions, of which over 60 percent
belong to the private sector the remaining in public sector.
Last year, TESDA graduated in excess of two million students, majority of them
undergraduates who chose not to pursue higher education. A large part of the TESDA
graduates were from community-based short courses.
For its operations, TESDA draws funds from the national government, but also
receives donations from other sources. Last year, it was given an increased budget of P7
billion in recognition of the UAQTEA’s provision to provide free tuition for technology
vocational students in state universities and colleges and other designated schools.
Low value for tech-voc education
Yet, for all its responsibilities and expanded coverage, there remains a poor regard
for tech-vocational education and certifications – particularly at the early levels – given by
TESDA. These are often poorly regarded to have significant value.

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In 2004, TESDA institutionalized a ladder approach to learning that allowed its
graduates to use TVET credits when pursuing higher education. In reality, however,
majority of TESDA graduates still choose short courses.
Even with the Ladderized Education Act of 2014, only a minority aspire to pursue
higher skill levels, which partly explains the predominance of entry level training courses
offered by private schools, and the perennial problem of underutilization of government
funds assigned to TESDA.
Consequently, too, only a handful of schools offer a full suite of skills that lead to
a mastery of the chosen technical-vocational education. This was highlighted by the
recent spurt in skilled labor demand in the construction industry as the government’s Build
Build Build program escalated.
Industry linkages
A more recent trend supporting the need of industry for qualified manpower has
been the growing number of cooperation agreements inked by TESDA with companies
that have become impatient over the government’s inability to supply better skilled labor.
In the construction industry, for example, companies like Aboitiz Construction have
partnered with TESDA to fill up a high demand of 200,000 workers with construction-
related higher skill levels, like welding, masonry, scaffolding, and heavy equipment
operations.
In spite of all the resources being mobilized by the national government to
encourage technical vocational learning through the decades, no other formula seems to
work as best as when the concerned stakeholders in the private sector galvanize to act.
Industries that partner with TESDA are capable of providing facilities, as well as
trainers and assessors, where interested TVET graduates of entry level skills may find
better-paying jobs.
As they say, there is no better incentive for people to pursue higher education – or
in this case, higher skill levels – than when there is demand. Perhaps, as the country
embraces further industrialization in the future to sustain economic growth, TESDA will
be ready to become a true guardian of technology vocational learning.

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III. GENERAL INSIGHTS
 MANUAL FOR PRIVATE SCHOOLS
 In the Philippines, there is an imbalance in terms of the funding of the public
schools and private schools.
 The private schools contribute also to the educational system as it caters to
the students who cannot be accommodated by the public system.
 Subsidies are given to students and teachers that is why the PAFE came to
existence.
 Teacher’s salary in the private school is considered to be one the issues
that is being talked about because most teachers leave the private school
because of the competitive salary in the public systems.
 Private schools are given their own prerogative in some aspects of
instructions.
 Educational leaders in the private school system lacks ways on how to find
ways to increase salaries of teachers.
 Private schools invest in resources needed for instruction.
 There are a lot of legal challenges in private schools.

 TESDA LAW
 The creation of TESDA opened pathways to many skilled Filipinos to find
job here in abroad.
 TESDA provided opportunities for growth among its graduates.
 But many open views TESDA as lower compared to those who completed
degree in the tertiary level.
 There is a continuous improvement of TESDA Programs based on the
current needs of the society.
 The TESDA also improved the different programs they had due to the
advent of the K-12 Curriculum.

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IV. REFERENCE:
“All About FAPE” Retrieved from https://peac.org.ph/ on March 20, 2020

“History of TESDA” Retrieved from https://www.tesda.gov.ph/About/TESDA/10 on March


20, 2020

“Manual for Private Scchools” (2001). Official Gazette of the Republic of the Phillippines.
Retrieved from https://www.officialgazette.gov.ph/2001/08/11/manual-
privateschools/ on March 20, 2020.

“RA 7796” (1994). Official Gazette of the Republic of the Phillippines. Retrieved from
https://www.officialgazette.gov.ph/2001/08/11/republic-act-no-7796/ on March 20,
2020.

“TESDA Issues” Retrieved from https://pqf.gov.ph/Home/Details/16 on March 20, 2020

Acidre, J, (2008). Private Education. Retrieved from


https://manilastandard.net/opinion/columns/the-fifth-gospel-by-jude-
acidre/310288/private-education.html on March 20, 2020

Estrada, N. (2010). Legal Challenges of Private Education. Retrieved from


https://www.manilatimes.net/2017/08/04/opinion/analysis/legal-challenges-private-
education-philippines/342331/ on March 20, 2020

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