St.

Paul University Surigao

St. Paul University System
8400 Surigao City, Philippines

EDUCATIONAL LAWS, PROVISIONS

AND ITS IMPACT TO PRE-SERVICE
TEACHER

Submitted by:
Emelou L. Dumas
BSED-IV
Student

Submitted to:
Mr. Larry R. Dillo
Instructor
 EDUCATIONAL LAWS

 REPUBLIC ACT NO. 10968 s. 2017 - (PQF Act)

 REPUBLIC ACT NO. 10912 s. 2016- (Continuing
Professional Development Act)
 REPUBLIC ACT NO. 10647 s. 2014- (Ladderized
Education Act)
REPUBLIC ACT NO. 10533 s. 2013- (Enhanced Basic
Education Act)
EXECUTIVE ORDER NO. 83 s. 2012- (Institutionalization
of the Philippine Qualifications Framework)
 REPUBLIC ACT NO. 8981 s. 2000- (PRC Modernization
Act)
REPUBLIC ACT NO. 9155 s. 2001- (Governance of Basic
Education Act)
REPUBLIC ACT NO. 7722 s. 1994- (Higher Education Act)
 REPUBLIC ACT NO. 7796 s. 1994- (Technical Educational
and Skills Development Act)
 ACT NO. 74, JANUARY 21, 1901- (Laid the foundations of
Philippine public school system and made English as the
language of instruction. Established in the Philippine
Normal School and Trade school in Manila, and an
Agricultural school in Negros)
 REPUBLIC ACT NO. 476 June 18, 1949 - (Converted the
Philippine Normal School into a Teacher college and
offered courses leading to Bachelor of Science in
Elementary Education and Master of Arts in education.)
 REPUBLIC ACT NO. 6655 – (Free Public Secondary
Education Act of 1988)
 PRESIDENTIAL DECREE NO. 603 – (The Child and Youth
Welfare Code)
 PRESIDENTIAL DECREE NO. 1006- (Providing For the
Professionalization of Teachers, Regulating their Practice in
the Philippines and for other Purposes)

 REPUBLIC ACT NO. 7784- (Created the Center of

Excellence in Teacher Education)
 REPUBLIC ACT NO. 7797- (Stretched the school year
from 185 – 200 days)
 REPUBLIC ACT NO. 1265 - (Made the observance of the
flag ceremony compulsory)
 REPUBLIC ACT NO. 7836- (Philippine Teachers
Professionalization Act of 1994)
 REPUBLIC ACT NO. 10157- (Kindergarten Education Act )
 REPUBLIC ACT NO. 4670 (1966)- (Magna Carta for
Public School Teachers)
 CODE OF ETHICS FOR PROFESSIONAL TEACHERS
 THE 1987 CONSTITUTION
 BATAS PAMBANSA BLG. 232- (An Act Providing for the
Establishment and Maintenance of an Integrated System of
Education)
 REPUBLIC ACT NO. 7610- (Special Protection of Children
against Abuse, Exploitation and Discrimination Act
 REPUBLIC ACT NO. 7877- (Anti-Sexual Harassment Act
of 1995)
 REPUBLIC ACT NO. 8980- (Early Childhood Care and
Development Act (ECCD Act)
  REPUBLIC ACT NO. 621- (UNESCO)
 FIRST CALL FOR CHILDREN

REPUBLIC ACT NO. 10968 s. 2017 (PQF Act)

AN ACT INSTITUTIONALIZING THE PHILIPPINE QUALIFICATIONS FRAMEWORK (PQF), ESTABLISHING
THE PQF-NATIONAL COORDINATING COUNCIL (NCC) AND APPROPRIATING FUNDS THERFOR

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

SECTION 1. Short Title. - This Act shall be known as the "PQF Act".

SEC. 2. Declaration of Policy. - Pursuant to the constitutional guarantee for the State to promote the right of all
citizens to quality and accessible education at all levels, the State shall establish, maintain, and support a
complete, adequate and integrated system of education relevant to the needs of the people and society.

In recognition of the important role of education and training in national development; it is hereby declared the
policy of the State to institutionalize the Philippine Qualifications Framework (PQF) to encourage lifelong learning of
individuals, provide employees specific training standards and qualifications aligned with, industry standards,
ensure that training and educational institutions comply with specific standards and are accountable for achieving
corresponding learning outcomes, and provide government with a common taxonomy and qualifications typology
as bases for recognizing education and training programs as well as the qualifications formally awarded and their
equivalents.

SEC. 3. Definition of Terms. - As used in this Act:

a) Basic Education, refers to that part of the educational system intended to meet basic learning needs and
provides the foundation on which subsequent learning can be based. It encompasses kindergarten,
elementary and secondary education as well as alternative learning systems for out-of-schoo1 youth and
those with special needs;
b) Higher Education refers to post-secondary education offered usually by universities, colleges, academies,
or professional/technical institutions with programs leading to academic degrees at the baccalaureate level
and academic degrees, diplomas or certificates at the post-baccalaureate levels;
 c) Qualification refers to a formal certification that a person has successfully achieved specific learning
outcomes relevant to the identified academic, industry or community requirements. A qualification confers
official recognition of value in the labor market and in further education and training;
d) Technical Vocational Education, and Training refers to the education involving the study of technology-
related sciences, in addition to general education, as well, as the acquisition of practical skills relating to
occupations in various sectors of economic life and social life, and which comprises formal (organized
programs as part of the school system) and non-formal (organized classes outside the school system)
approaches: and
e) Trifocalized Education, and Training refers to the shared administration of the education system by the
three (3) agencies responsible for each education level: the Department of Education (DepED) for basic
education; the Technical Education and Skills Development Authority (TESDA) for technical-vocational
education and training; and the Commission on Higher Education (CHED) for higher education.

SEC. 4. Philippine Qualifications Framework (PQF). - A PQF shall be established which shall describe the levels of
educational qualifications and sets the standards for qualification outcomes. It is a quality assured national system
for the development, recognition and award of qualifications based on standards of knowledge, skills and values
acquired in. different ways and methods by learners and workers of the country.

The PQF shall have the following objectives:

(a) To adopt national standards and levels of learning outcomes of education;

(b) To support the development and maintenance of pathways and equivalencies that enable access to
qualifications and to assist individuals to move easily and readily between the different education and
training sectors and between these sectors and the labor market; and
(c) To align domestic qualification standards with the international qualifications framework thereby enhancing
recognition of the value and comparability of Philippine qualifications and supporting the mobility of Filipino
students and workers.

SEC. 5. Philippine Qualifications Framework-National Coordinating Council (PQF-NCC). - In order to harmonize

and promote a seamless education and training system, the PQF-NCC is hereby established. It shall be composed
of the following:

(a) The Secretary, DepED, as Chairperson:

(b) The Secretary, Department of Labor and Employment (DOLE), as member:
(c) The Chairperson. OHED, as member;
(d) The Director General TESDA. as member;
(e) The Chairperson. Professional Regulation Commission. (PRC). as member;
(f) One (1) representative of the economic sector as member: and
(g) One (1) representative of the industry sector, as member.

1) The PQF-NCC shall be chaired by the DepED Secretary and shall have the, following powers and
functions:

(1) To harmonize qualification levels across basic, technical-vocational and higher education;
(2) To align education standards and learning outcomes with the level descriptors contained in the PQF;
(3) To promote the PQF and its elements, the principles, key features, definitions or terminologies,
structure, and governance arrangements, and provide information and guidelines in the implementation of
the PQF;
(4) To rationalize the quality assurance mechanisms in Philippine education:
(5) To develop and recognize pathways and equivalencies;
 (6) To maintain the national registry of qualifications;
(7) To ensure She international alignment of the PQF wits the qualification frameworks of other countries
or regions;
(8) To create technical working groups in support of the development, and implementation of the PQF:
(9) To represent the country in international fora or negotiations in line with qualifications agreements or
arrangements:
(10) To review and update the PQF:
(11) To submit to the Office of the President, the Senate of the Philippines, and the House of
Representatives an updated report on the progress and accomplishments in relation to the PQF; and
2) (12) To perform such other functions that may be related to the implementation of the PQF.

SEC. 6. Establishment of the PQF-NCC Working Groups. - To pursue the implementation of the PQF, working
groups shall he established, especially in the areas of qualifications register, quality assurance, pathways and
equivalencies, information and guidelines, and international alignment

Each working group shall be chaired by a member-agency as may be designated by the PQF-NCC.

SEC. 7. Participation of the Industry Sector. - Industry sector representatives shall be consulted and tapped in the
development and implementation of the PQF to ensure the alignment of educational outcomes with, industry
requirements and add to the value of qualifications within the workplace.

SEC. 8. Framework and Level Descriptors. - The PQF shall incorporate the qualifications level descriptors defined
in terms of knowledge, skills and values, application, and degree of independence.

The PQF-NCC shall make detailed descriptors for each qualification level following the principles of lifelong learning
and the recognition of prior learning from previous informal experiences, while incorporating the learning standards
in basic education, competency standards of training regulations, and the policies and standards of higher
education academic programs.

The PQF-NCC members shall jointly implement national pilot programs to determine their relevance and
applicability in all levels of education. The DOLE shall provide the necessary and updated labor market information
regarding the demand for specific qualifications and emerging occupations as bases for the prioritization of
learning- standards development.

SEC. 9. Review of Assessment System. - The PRC and the CHED shall review the system of assessment of
learning outcomes and align them with those of the PQF,

SEC. 10. Permanent Secretariat. - The PQF-NCC shall organize a permanent technical secretariat. The Secretariat
may contract the services of technical experts and authorities on relevant areas of concern such as equivalencies,
accreditation, curriculum development, educational measurement and testing.

The PQF-NCC shall determine the structure, composition, staff qualifications and the location of the permanent
secretariat.

SEC. 11. Identification of Priority Sectors. - As a preliminary approach to the implementation of the PQF and to
ensure its more focused implementation, the CHED, the TESDA and the DepED, in consultation with the industry,
the DOLE, the PRO, the Department of Trade and Industry (DTI), the National Economic and Development
Authority (NEDA), the Department, of Science and Technology (DOST), and other related agencies, are directed to
identify priority sectors and programs for the PQF, taking into account labor market realities.
SEC. 12. Support from Other Government Agencies. ~ The DOST, the NEDA, the Department of Budget and
Management. (DBM). and other related agencies are hereby mandated to extend the necessary support and
provide relevant inputs towards the effective implementation of the PQF.

SEC. 13. Appropriations. - The amount necessary for the initial implementation of this Act shall be sourced
from the current budgets and development funds of the CHED, TESDA and DepED. Thereafter, the funds
necessary for the continuous implementation of this Act in the ensuing years shall be included in the annual
General Appropriations Act.

SEC. 14. Implementing Rules and Regulations. - Within ninety (90) days after the effectivity of this Act, the DepED,
CHED, TESDA, DOLE and PRC in consultation with relevant stakeholders, shall issue the necessary rules and
regulations for the effective implementation of this Act.

SEC. 15. Separability Clause. - If any part or provision of this Act shall be held unconstitutional or invalid, the other
parts or provisions hereof that are not affected, shall continue to be in full force and effect.

SEC. 16. Repealing Clause.- All laws, rules, regulations, proclamations, executive orders or parts thereof
inconsistent with the provisions of this Act are hereby modified or amended accordingly.

SEC. 17. Effectivity. - This Act shall take effect fifteen (15) days after its publication in the Official Gazette or in a
national newspaper of general circulation.

IMPACT TO PRE-SERVICE TEACHER

 Ensures transparency in training provision, conformance to standards and

preciseness of accountability for learning outcomes.
 Provides common understanding of policies and guidelines on credit transfers,
articulation, portability, bridges pathways and RPL.
 REPUBLIC ACT NO. 10912 s. 2016 (Continuing Professional Development Act)
AN ACT MANDATING AND STRENGTHENING THE CONTINUING PROFESSIONAL DEVELOPMENT
PROGRAM FOR ALL REGULATED PROFESSIONS, CREATING THE CONTINUING PROFESSIONAL
DEVELOPMENT COUNCIL, AND APPROPRIATING FUNDS THEREFOR, AND FOR OTHER RELATED
PURPOSES

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

Article I
Title, Policy and Definition of Terms

Section 1. Title — This Act shall be known as the "Continuing Professional Development Act of 2016".

Section 2. Declaration of Policy. - It is hereby declared the policy of the State to promote and upgrade the practice
of professions in the country. Towards this end, the State shall institute measures that will continuously improve the
competence of the professionals in accordance with the international standards of practice, thereby, ensuring their
contribution in uplifting the general welfare, economic growth and development of the nation.

Section 3. Definition of Terms. - The following terms shall be defined under this Act:

(a) Accreditation refers to the formal or official approval granted to a person, a program or an organization,
upon meeting essential requirements of achievement standards, including qualifications or unit(s) of a
qualification, usually for a particular period of time, as defined by an accrediting agency;

(b) AIPO/APO refers to the Accredited Integrated Professional Organization or the Accredited Professional
Organization in a given profession;
(c) ASEAN Qualifications Reference Framework or AQRF refers to the device that enables comparisons of
qualifications across ASEAN Member States;

(d) ASEAN Mutual Recognition Arrangement or ASEAN MRA refers to a regional arrangement entered
into by the ASEAN Member States, predicated on the mutual recognition of qualifications, requirements
met, licenses and certificates granted, experience gained by professionals, in order to enhance mobility of
professional services within the region;

(e) Competence refers to an ability that extends beyond the possession of knowledge and skills, which
include cognitive, functional, personal and ethical competence;

(f) Continuing Professional Development or CPD refers to the inculcation of advanced knowledge, skills
and ethical values in a post-licensure specialization or in an inter- or multidisciplinary field of study, for
assimilation into professional practice, self-directed research and/or lifelong learning;

(g) CPD Council refers to a body created to promote and ensure the continuous improvement of
professionals, in accordance with national, regional and international standards of practice;

(h) CPD credit unit refers to the value of an amount of learning that can be transferred to a qualification
achieved from formal, informal or non-formal learning setting, wherein credits can be accumulated to
predetermined levels for the award of a qualification;

(i) CPD Program refers to a set of learning activities accredited by the CPD Council such as seminars,
workshops, technical lectures or subject matter meetings, non-degree training lectures and scientific
meetings, modules, tours and visits, which equip the professionals with advanced knowledge, skills and
values in specialized or in an inter- or multidisciplinary field of study, self-directed research and/or lifelong
learning;

(j) CPD Provider refers to a natural or juridical person accredited by the CPD Council to conduct CPD
Programs;

(k) Formal learning refers to educational arrangements such as curricular qualifications and teaching-
learning requirements that take place in education and training institutions recognized by relevant national
authorities, and which lead to diplomas and qualifications;

(l) Informal learning refers to learning that occurs in daily life assessed, through the recognition, validation
and accreditation process, and which can contribute to a qualification;

(m) Learning outcomes refer to what a learner can be expected to know, understand and/or demonstrate
as a result of a learning experience;

(n) Lifelong learning refers to learning activities undertaken throughout life for the development of
competencies and qualifications of the professional;

(o) Non-formal learning refers to learning that has been acquired in addition or alternatively to formal
learning, which may be structured and made more flexible according to educational and training
arrangements;
 (p) Online learning activities refer to structured or unstructured learning initiatives, which make use of the
internet and other web-based Information and Communications Technology solutions;

(q) Pathways and Equivalencies refer to mechanisms that provide access to qualifications and assist
professionals to move easily and readily between the different education and training sectors, and
between these sectors, and the labor market, through the Philippine Credit Transfer System;

(r) Philippine Qualifications Framework or PQF refers to the quality assured national system for the
development, recognition and award of qualifications at defined levels, based on standards of knowledge,
skills and values, acquired in different ways and methods by learners and workers;

(s) Prior learning refers to a person’s skills, knowledge and competencies that have been acquired through
work experience, training, independent study, volunteer activities and hobbies, that may be applied for
academic credit, as a requirement of a training program or for occupational certification;

(t) Professional refers to a person who is registered and licensed to practice a regulated profession in the
Philippines and who holds a valid Certificate of Registration and Professional Identification Card (PIC)
from the Professional Regulation Commission (PRC);

(u) Qualification refers to a status gained after a person has been assessed to have achieved learning outcomes or
competencies in accordance with the standard specified for a qualification title, and is proven by a document issued
by a recognized agency or body;

(v) Quality assurance refers to planned and systematic processes that provide confidence in the design, delivery
and award of qualifications within an education and training system, and is a component of quality management
that is focused on ensuring that quality requirements will be fulfilled; and

(w) Self-directed learning refers to learning activities such as online training, local/international seminars/nondegree
courses, institution/company-sponsored training programs, and the like, which did not undergo CPD accreditation
but may be applied for and awarded CPD units by the respective CPD Council.

Article II
CPD Programs, Councils and Secretariat

Section 4. Strengthening the CPD Program.— There shall be formulated and implemented CPD Programs in each
of the regulated professions in order to:

(a) Enhance and upgrade the competencies and qualifications of professionals for the practice of their
professions pursuant to the PQF, the AQRF and the ASEAN MRAs;

(b) Ensure international alignment of competencies and qualifications of professionals through career
progression mechanisms leading to specialization/sub-specialization;

(c) Ensure the development of quality assured mechanisms for the validation, accreditation and
recognition of formal, non-formal and informal learning outcomes, including professional work experiences
and prior learning;

(d) Ensure maintenance of core competencies and development of advanced and new competencies, in
order to respond to national, regional and international labor market needs; and
 (e) Recognize and ensure the contributions of professionals in uplifting the general welfare, economic
growth and development of the nation.

Section 5. Nature of CPD Programs. - The CPD Programs consist of activities that range from structured to non-
structured activities, which have learning processes and outcomes.

These include, but are not limited to, the following:

(a) Formal learning;

(b) Non-formal learning;

(c) Informal learning;

(d) Self-directed learning;

(e) Online learning activities; and

(f) Professional work experience.

Section 6. Powers, Functions and Responsibilities of the PRC and the Professional Regulatory Boards (PRBs).—
The PRC and the PRBs shall undertake the overall implementation of the CPD Programs, and for this purpose,
shall:

(a) Organize CPD Councils for each of the regulated professions and promulgate guidelines for their
operation;

(b) Review existing and new CPD Programs for all of the regulated professions;

(c) Formulate, issue, and promulgate guidelines and procedures for the implementation of the CPD
Programs;

(d) Coordinate with the academe, concerned government agencies, and other stakeholders in the
implementation of the CPD Programs and other measures provided under this Act; and

(e) Coordinate with concerned government agencies in the development of mechanisms and guidelines, in
the grant and transfer of credit units earned from all the learning processes and activities, pursuant to this
Act.

Section 7. CPD Council. - There is hereby created a CPD Council in each of the regulated professions, which shall
be under the supervision of the concerned PRB. Every CPD Council shall be composed of a chairperson and two
(2) members.

The chairperson of the CPD Council shall be the member of the PRB so chosen by the PRB concerned to sit in the
CPD Council.

The first member shall be the president or officer of the AIPO/APO duly authorized by its Board of
Govemors/Trustees. In the absence of the AIPO/APO, the PRB concerned shall submit within ten (10) working
days from notification of such absence, a list of three (3) recommendees from the national professional
organizations. The PRC shall designate the first member within thirty (30) days from receipt of the list.

The second member shall be the president or officer of the national organization of deans or department
chairpersons of schools, colleges or universities offering the course requiring the licensure examination. In the
absence of such organization, the PRB concerned shall submit, within ten (10) working days from notification of
such absence, a list of three (3) recommendees from the academe. The PRC shall designate the second member
within twenty (20) working days from receipt of the list.

The term of office of the chairperson of the CPD Council shall be coterminous with his/her incumbency in the PRB
unless sooner replaced by the PRB concerned through a resolution, subject to the approval of the PRC. The first
and second members shall have a term of office of two (2) years unless sooner replaced through a resolution by
the AIPO/APO concerned or the organization of deans or heads of departments, respectively. However, members
of the CPD Council who are appointed by the PRC may be replaced before the end of the two (2)-year period, upon
the recommendation of the PRB through a resolution.

Section 8. Powers, Functions and Responsibilities of the CPD Council. - The CPD Council for each profession
shall:

(a) Ensure the adequate and appropriate provision of CPD Programs for their respective profession;

(b) Evaluate and act on applications for accreditation of CPD Providers and their CPD Programs;

(c) Monitor and evaluate the implementation of the CPD Programs;

(d) Assess and/or upgrade the criteria for accreditation of CPD Providers and their CPD Programs on a
regular basis;

(e) Develop mechanisms for the validation, accreditation and recognition of self-directed learning,
prior/informal learning, online learning, and other learning processes through professional work
experience;

(f) Conduct researches, studies and benchmarking for international alignment of the CPD Programs;

(g) Issue operational guidelines, with the approval of the PRC and the PRB concerned; and

(h) Perform such other functions related or incidental to the implementation of the CPD.

Section 9. Secretariat. - A CPD Council Secretariat is hereby created at the PRC Central and Regional Offices to
provide technical, administrative and operational support to the CPD Councils and the PRBs in the implementation
of the CPD Programs. The CPD Council Secretariat shall be headed by an Executive Director to be appointed by
the PRC.

Article III
CPD Program Implementation and Monitoring

Section 10. CPD as Mandatory Requirement in the Renewal of Professional License and Accreditation System for
the Practice of Professions.— The CPD is hereby made as a mandatory requirement in the renewal of the PICs of
all registered and licensed professionals under the regulation of the PRC.
Section 11. Recognition of Credit Units. - All duly validated and recognized CPD credit units earned by a
professional shall be accumulated and transferred in accordance with the Pathways and Equivalencies of the PQF.

Section 12. Career Progression and Specialization. - The PRC and the PRBs, in consultation with the AIPO/APO,
the Civil Service Commission (CSC), other concerned government agencies and industry stakeholders, shall
formulate and implement a Career Progression and Specialization Program for every profession. The Career
Progression and Specialization Program shall form part of the CPD.

Section 13. Role of Concerned Government Agencies and the Private Sector. - All concerned government
agencies and private firms and organizations employing professionals shall include the CPD as part of their human
resource development plan and program.

Article IV
Final Provisions

Section 14. Funding. - The implementation of the provisions of this Act shall be immediately included in the PRC
programs, the funding of which shall be included in its annual submissions for inclusion in the annual General
Appropriations Act.

The funding requirement herein mentioned shall be used for the regular operations of the CPD Councils, including
the monitoring of the conduct of the CPD Programs.

The PRC shall review and approve the proposed budget for each CPD Council, taking into consideration the
reasonable expenses that will be incurred for travel, honorarium/allowances, and per diems, when attending official
CPD Council meetings or performing other related functions assigned to them.

Section 15. Implementing Rules and Regulations. - The PRC and the PRBs, in consultation with the AIPO/APO
and other stakeholders, shall promulgate the implementing rules and regulations (IRR) within six (6) months from
the effectivity of this Act. However, a PRB may prescribe its own requirements or procedure relating to the CPD as
may be pertinent and applicable to the specific profession: Provided, That the same does not contravene any of the
provisions of this Act and its IRR.

Section 16. Fraud Relating to CPD. - Fraudulent acts relating to the implementation and enforcement of this Act
shall be punishable under the pertinent provisions of the Revised Penal Code, the New Civil Code and other
applicable laws.

In addition to the penalties prescribed in the aforementioned laws, a professional who is adjudged guilty of any
fraudulent act relating to the CPD shall also be meted with the penalty of suspension or revocation of his/her PRC
Certificate of Registration and/or Certificate of Specialization. In case of a government official or employee who is
party to any fraudulent act relating to the CPD, he/she shall also be subject to the administrative penalties that may
be imposed under the anti-graft laws, the Administrative Code and the Code of Conduct of Public Officials and
Employees.

Section 17. Separability Clause. - If any part or provision of this Act is declared invalid or unconstitutional, the other
provisions not affected thereby shall remain in full force and effect.

Section 18. Repealing Clause. - All laws, decrees, executive orders and other administrative issuances or parts
thereof, which are inconsistent with the provisions of this Act, are hereby repealed or modified accordingly.
Section 19. Effectivity. - This Act shall take effect fifteen (15) days following its complete publication in the Official
Gazette or in two (2) newspapers of general circulation in the Philippines.

IMPACT TO PRE-SERVICE TEACHER

The impact of in-service training can be classified at several different levels. These are:
 Awareness – where teachers begin to realise the importance of a particular area for study;
 Concepts and organised knowledge – where teachers have an awareness of cognitive processes and
the acquisition of knowledge;
 Principles and skills – these are tools for action in bringing about cognitive changes in students;
 Application and problem solving – where concepts, principles and skills are transferred to the classroom
setting.
As the teacher training curriculum and standards driven approach encourage teacher trainees to be trained
and judged on observable behaviours, which can be evidenced in a portfolio presented for assessment.
Experienced teachers following a course of continuing professional development seem to appreciate the
opportunity to step back and take a closer look at their own teaching practice.
CPD helps teachers to be more effective in their work, stay interested and be interesting, and most
importantly increase their confidence. As a teacher, continuing professional development is important because it
enhances competency REPUBLIC ACT NO.
in one's chosen 10647 s. 2014 (Ladderized Education Act)
profession.

AN ACT STRENGTHENING THE LADDERIZED INTERFACE BETWEEN TECHNICAL-VOCATIONAL

EDUCATION AND TRAINING AND HIGHER EDUCATION

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

Section 1. Short Title. – This Act shall be known as the "Ladderized Education Act of 2014".

Section 2. Declaration of Policy. – In line with the constitutional guarantee for the State to promote the right of all citizens
to quality and accessible education at all levels and to establish, maintain and support a complete, adequate and
integrated system of education relevant to the needs of the people and contributory to national development, it is hereby
declared the policy of the State to institutionalize the ladderized interface between technical-vocational education and
training (TVET) and higher education to open the pathways of opportunities for career and educational progression of
students and workers, create a seamless and borderless system of education, empower students and workers to
exercise options or to choose when to enter and exit in the educational ladder, and provide job platforms at every exit as
well as the opportunity to earn income.

The State likewise recognizes and supports the promotion and protection of the inherent academic freedom enjoyed by
all institutions of higher learning. For this purpose, the government shall uphold the academic standards, equity
principles, promptness and consistency of the applications/ admissions and equivalency policies of higher education
institutions (HEIs).

Section 3. Definition of Terms. – For purposes of this Act, the following terms are hereby defined:

(a) Articulation refers to a process which allows students to make the smooth transition from one (1) course,
program or educational level to the next without experiencing duplication of learning. The guiding principle of
articulation is that no student should repeat the same course content for which credit has already been
received, even if elsewhere or from another institution. In general, articulated programs provide multiple entry
and exit points and ladders of learning opportunities and allows a student to move from a technical-vocational
course to a college degree program, using the principle of credit transfer;
 (b) Credit refers to the value given to a particular course or subject, based on competencies and learning
outcomes;

(c) Credit transfer refers to a credit conversion established to promote student mobility by ensuring that units
earned from different modalities are credited by the institutions;

(d) Embedded TVET Qualification in a Ladderized Degree Program refers to the process of determining the
TVET competencies or qualifications that lead to job platforms in the relevant higher education or bachelor’s
degree program. Full TVET qualification can still be earned even if a student of a ladderized degree program
chooses to exit from the program and get a job;

(e) Equivalency refers to a process that involves assigning equivalent academic credits to the competencies
demonstrated by a student through assessment tests, thereby providing entry points to the next higher level
qualification, the purpose of which is to provide opportunities to the student to continue to learn and to re-enter
the educational program at a higher level without having to unnecessarily retake courses on which a student
has already demonstrated competence and knowledge;

(f) Job platform refers to the gateway in the ladderized curriculum which one reaches upon acquiring enough
skills and knowledge to seek and find employment;

(g) Ladderized education refers to the harmonization of all education and training mechanisms that allow
students and workers to progress between technical-vocational and higher education programs, or vice-versa.
It opens opportunities for career and educational advancement to students and workers. It creates a seamless
and borderless education and training system that will allow transfers in terms of flexible entry and exit between
technical-vocational and higher education programs in the post-secondary school educational system;

(h) Philippine Qualifications Framework (PQF) is a national policy which describes the levels of educational
qualifications and sets the standards for qualifications outcomes. It is a quality assured national system for the
development, recognition and award of qualifications based on standards of knowledge, skills and values
acquired in different ways and methods by learners and workers of a certain country;

(i) Qualification refers to a formal certification that a person has successfully achieved specific learning
outcomes relevant to the identified academic, industry or community requirements; and

(j) Recognition of prior learning refers to the acknowledgment of a person’s skills and knowledge through
previous training, work or life experience, which may be used to grant status or credit for acquired
competencies.

Section 4. Philippine Qualifications Framework. – The PQF has the following objectives:

(a) Adoption of national standards and levels for outcomes of education;

(b) Supporting the development and maintenance of pathways and equivalencies, which provide access to
qualifications and assist people to move easily and readily between the different education and training sectors
and between these sectors and the labor market; and

(c) Alignment with international qualifications framework to support the national and international mobility of
workers through increased recognition of the value and comparability of Philippine qualifications.

The PQF National Coordinating Committee (PQF-NCC) is composed of the Commission on Higher Education (CHED),
the Technical Education and Skills Development Authority (TESDA), the Department of Education (DepED), the
Department of Labor and Employment (DOLE) and the Professional Regulation Commission (PRC) and is chaired by
DepED.

In the development of ladderized education, the CHED, TESDA and DepED are hereby mandated to closely coordinate
and effectively implement a unified PQF that establishes equivalency pathways and access ramps allowing for easier
transitions and progressions between TVET and higher education. The framework shall include qualifications and
articulation mechanisms, such as, but not necessarily limited to the following: credit transfer, embedded TVET
qualification in ladderized degree programs, post-TVET bridging programs, enhanced equivalency, adoption of
ladderized curricula/programs, and accreditation and/or recognition of prior learning.

For this purpose, the CHED, TESDA and DepED shall design harmonized guidelines and equivalency competency
courses to enhance the delivery of high-quality technical-vocational and higher education courses, synchronize
standards and upgrade curriculum design per discipline and adopt a strategic implementation scheme, including a
massive consultation and information dissemination scheme. In so doing, the CHED, TESDA and DepED shall continue
exploring and developing other mechanisms and systems that will allow the interface between TVET and higher
education with the end in view of creating a seamless and borderless education system.

Section 5. Priority Disciplines. – As a preliminary approach to the implementation of the ladderized program and to
ensure its more focused implementation, the CHED, TESDA and DepED, in consultation with the industry, the DOLE, the
Department of Agriculture (DA), the Department of Trade and Industry (DTI), the Department of Science and Technology
(DOST), the National Economic and Development Authority (NEDA), the Professional Regulation Commission (PRC)
and other related agencies, and consistent with the Philippine Development Plan (PDP) are directed to identify priority
disciplines and programs for ladderization, taking into account labor market realities. The CHED, TESDA and DepED
shall implement the ladderization of other disciplines, other than those presently being implemented, should these be
found necessary and beneficial based on a comprehensive study of their viability.

Section 6. Enhancement of the Ladderized Education Program (LEP). – The CHED, TESDA and DepED, in consultation
with the PRC and the industries, as applicable, are directed to jointly devise systems, procedures, and mechanisms, as
well as to issue, amend and update existing implementing guidelines, as necessary, for the efficient and effective
implementation of the LEP and to ensure that the objectives of the program are met. Incentives may be given to HEIs
and technical-vocational institutions to further encourage wider participation in the LEP.

The CHED, TESDA and DepED shall ensure that there are designated personnel at the regional and provincial levels
responsible for the implementation, monitoring and evaluation of the LEP nationwide.

Section 7. Support from Other Government Agencies. – The PRC, DOLE, DA, DOST, DTI, NEDA, the Department of
Budget and Management (DBM) and other related agencies are hereby mandated to extend the necessary support and
provide relevant inputs towards the effective implementation of the ladderized system of education.

Section 8. Scholarships, Grants and Loans. – To ensure the effective implementation and greater nationwide impact of
the program and its accessibility to the students and workers, the CHED, TESDA and DepED shall include in their
respective budgets the provision of scholarships, grants and loans to deserving students and workers availing
themselves of the ladderized system of education, in addition to the present scholarship programs being implemented by
the CHED and TESDA.

Section 9. Enabling Clause for HEIs. – To encourage the widest enjoyment of the benefit of ladderized education, HEIs
whose curricula have been recognized by the CHED may avail of the ladderization program: Provided, That the minimum
curricular requirements under the joint guidelines of the CHED, TESDA and DepED are complied with and duly certified
by these agencies prior to the formal offering of the ladderized education programs.

For this purpose, the HEI shall be required to submit to the CHED Regional Office a copy of the curriculum for the
proposed ladderized program for monitoring, compliance and for potential objective inputs from their technical experts.
The CHED shall be responsible for transmitting the curricula submitted by the HEIs to the PQF-NCC for their reference.
Failure of the HEIs to submit this requirement shall be subject to administrative sanctions to be imposed by the CHED.

Section 10. Academic Freedom. – Nothing in this Act shall be construed as restricting the HEI in the exercise of its
academic freedom. The HEI shall retain the right to assess the level and standard of previously completed TVET
1âwphi1

programs by an applicant-student in a manner that is transparent and objective, incorporating therein its own admission
requirements. The applicant-student must gain admission to the HEI’s undergraduate program by meeting the prescribed
criteria and program requisites and such other requirements by the HEI.

Section 11. Appropriations. – The amount necessary for the initial implementation of this Act shall be sourced from the
current budgets and development funds of the CHED, TESDA and DepED. Thereafter, the funds necessary for the
continuous implementation of this Act in the ensuing years shall be included in the respective annual appropriations of
the CHED, TESDA and DepED in the General Appropriations Act.

Section 12. Implementing Rules and Regulations. – The CHED, TESDA and DepED, in consultation with relevant
stakeholders in higher and technical-vocational education, shall issue within sixty (60) days after the effectivity of this
Act, the rules and regulations for the effective implementation of this Act.

Section 13. Separability Clause. – If any provision of this Act or any part hereof shall be declared unconstitutional or
invalid, the other provisions, as far as they are separable, shall remain in force and effect.

Section 14. Repealing Clause. – All laws, decrees, orders, rules and regulations or parts thereof which are inconsistent
with the provisions of this Act are hereby repealed, amended or modified accordingly.

Section 15. Effectivity. – This Act shall take effect fifteen (15) days after its publication in the Official Gazette or in at
least two (2) newspapers of general circulation.

IMPACT TO PRE-SERVICE TEACHER

One of the programs that helped the DepEd take flight is Republic Act (RA) 10647 or the
Ladderized Education Act of 2014. This law became the “magic” key that allowed students to enter or
exit technical education courses and shift to a college degree program whenever they please,
ensuring that no subject taken or credit incurred will be wasted.

The ladderized education program is indeed a boon to students, especially to those who have
to work to support themselves or those who have to take a break from their studies for some reason.
RA 10647 promotes quality education in all levels and maintains a complete adequate integrated
system of education. The law “institutionalizes ladderized interface between technical-vocational
education and training (Tvet) and higher education for career and educational growth,” meaning
students have the luxury to decide when to enter, climb or exit the “ladder” of education. This way,
students can temporarily stop their studies and find work when they need to earn income. They can
resume their studies anytime.

The heart of the law is the provision of a “seamless” transfer of a student from a tech-voc
course to a college degree program without losing any of the credits he or she earned previously. This
ensures that no student shall repeat any subject because all units earned will be credited to the
student no matter how long he or she will finish a particular course or degree.
 REPUBLIC ACT NO. 10533 s. 2013 (Enhanced Basic Education Act)

AN ACT ENHANCING THE PHILIPPINE BASIC EDUCATION SYSTEM BY STRENGTHENING ITS

CURRICULUM AND INCREASING THE NUMBER OF YEARS FOR BASIC EDUCATION, APPROPRIATING
FUNDS THEREFOR AND FOR OTHER PURPOSES

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

Section 1. Short Title. — This Act shall be known as the "Enhanced Basic Education Act of 2013″.

Section 2. Declaration of Policy. — The State shall establish, maintain and support a complete, adequate, and
integrated system of education relevant to the needs of the people, the country and society-at-large.

Likewise, it is hereby declared the policy of the State that every graduate of basic education shall be an
empowered individual who has learned, through a program that is rooted on sound educational principles and
geared towards excellence, the foundations for learning throughout life, the competence to engage in work and be
productive, the ability to coexist in fruitful harmony with local and global communities, the capability to engage in
autonomous, creative, and critical thinking, and the capacity and willingness to transform others and one’s self.

For this purpose, the State shall create a functional basic education system that will develop productive and
responsible citizens equipped with the essential competencies, skills and values for both life-long learning and
employment. In order to achieve this, the State shall:

(a) Give every student an opportunity to receive quality education that is globally competitive based on a
pedagogically sound curriculum that is at par with international standards;

(b) Broaden the goals of high school education for college preparation, vocational and technical career
opportunities as well as creative arts, sports and entrepreneurial employment in a rapidly changing and
increasingly globalized environment; and
 (c) Make education learner-oriented and responsive to the needs, cognitive and cultural capacity, the
circumstances and diversity of learners, schools and communities through the appropriate languages of
teaching and learning, including mother tongue as a learning resource.

Section 3. Basic Education. — Basic education is intended to meet basic learning needs which provides the
foundation on which subsequent learning can be based. It encompasses kindergarten, elementary and secondary
education as well as alternative learning systems for out-of-school learners and those with special needs.

Section 4. Enhanced Basic Education Program. — The enhanced basic education program encompasses at least
one (1) year of kindergarten education, six (6) years of elementary education, and six (6) years of secondary
education, in that sequence. Secondary education includes four (4) years of junior high school and two (2) years of
senior high school education.

Kindergarten education shall mean one (1) year of preparatory education for children at least five (5) years old as a
prerequisite for Grade I.

Elementary education refers to the second stage of compulsory basic education which is composed of six (6)
years. The entrant age to this level is typically six (6) years old.

Secondary education refers to the third stage of compulsory basic education. It consists of four (4) years of junior
high school education and two (2) years of senior high school education. The entrant age to the junior and senior
high school levels are typically twelve (12) and sixteen (16) years old, respectively.

Basic education shall be delivered in languages understood by the learners as the language plays a strategic role
in shaping the formative years of learners.

For kindergarten and the first three (3) years of elementary education, instruction, teaching materials and
assessment shall be in the regional or native language of the learners. The Department of Education (DepED) shall
formulate a mother language transition program from Grade 4 to Grade 6 so that Filipino and English shall be
gradually introduced as languages of instruction until such time when these two (2) languages can become the
primary languages of instruction at the secondary level.

For purposes of this Act, mother language or first Language (LI) refers to language or languages first learned by a
child, which he/she identifies with, is identified as a native language user of by others, which he/she knows best, or
uses most. This includes Filipino sign language used by individuals with pertinent disabilities. The regional or native
language refers to the traditional speech variety or variety of Filipino sign language existing in a region, area or
place.

Section 5. Curriculum Development. — The DepED shall formulate the design and details of the enhanced basic
education curriculum. It shall work with the Commission on Higher Education (CHED) to craft harmonized basic and
tertiary curricula for the global competitiveness of Filipino graduates. To ensure college readiness and to avoid
remedial and duplication of basic education subjects, the DepED shall coordinate with the CHED and the Technical
Education and Skills Development Authority (TESDA).

To achieve an effective enhanced basic education curriculum, the DepED shall undertake consultations with other
national government agencies and other stakeholders including, but not limited to, the Department of Labor and
Employment (DOLE), the Professional Regulation Commission (PRC), the private and public schools associations,
the national student organizations, the national teacher organizations, the parents-teachers associations and the
chambers of commerce on matters affecting the concerned stakeholders.
The DepED shall adhere to the following standards and principles in developing the enhanced basic education
curriculum:

(a) The curriculum shall be learner-centered, inclusive and developmentally appropriate;

(b) The curriculum shall be relevant, responsive and research-based;

(c) The curriculum shall be culture-sensitive;

(d) The curriculum shall be contextualized and global;

(e) The curriculum shall use pedagogical approaches that are constructivist, inquiry-based, reflective,
collaborative and integrative;

(f) The curriculum shall adhere to the principles and framework of Mother Tongue-Based Multilingual
Education (MTB-MLE) which starts from where the learners are and from what they already knew
proceeding from the known to the unknown; instructional materials and capable teachers to implement the
MTB-MLE curriculum shall be available;

(g) The curriculum shall use the spiral progression approach to ensure mastery of knowledge and skills
after each level; and

(h) The curriculum shall be flexible enough to enable and allow schools to localize, indigenize and
enhance the same based on their respective educational and social contexts. The production and
development of locally produced teaching materials shall be encouraged and approval of these materials
shall devolve to the regional and division education units.

Section 6. Curriculum Consultative Committee. — There shall be created a curriculum consultative committee
chaired by the DepED Secretary or his/her duly authorized representative and with members composed of, but not
limited to, a representative each from the CHED, the TESDA, the DOLE, the PRC, the Department of Science and
Technology (DOST), and a representative from the business chambers such as the Information Technology –
Business Process Outsourcing (IT-BPO) industry association. The consultative committee shall oversee the review
and evaluation on the implementation of the basic education curriculum and may recommend to the DepED the
formulation of necessary refinements in the curriculum.

Section 7. Teacher Education and Training. — To ensure that the enhanced basic education program meets the
demand for quality teachers and school leaders, the DepED and the CHED, in collaboration with relevant partners
in government, academe, industry, and nongovernmental organizations, shall conduct teacher education and
training programs, as specified:

(a) In-service Training on Content and Pedagogy — Current DepED teachers shall be retrained to meet
the content and performance standards of the new K to 12 curriculum.

The DepED shall ensure that private education institutions shall be given the opportunity to avail of such
training.

(b) Training of New Teachers. — New graduates of the current Teacher Education curriculum shall
undergo additional training, upon hiring, to upgrade their skills to the content standards of the new
curriculum. Furthermore, the CHED, in coordination with the DepED and relevant stakeholders, shall
 ensure that the Teacher Education curriculum offered in these Teacher Education Institutes (TEIs) will
meet necessary quality standards for new teachers. Duly recognized organizations acting as TEIs, in
coordination with the DepED, the CHED, and other relevant stakeholders, shall ensure that the curriculum
of these organizations meet the necessary quality standards for trained teachers.

(c) Training of School Leadership. — Superintendents, principals, subject area coordinators and other
instructional school leaders shall likewise undergo workshops and training to enhance their skills on their
role as academic, administrative and community leaders.

Henceforth, such professional development programs as those stated above shall be initiated and
conducted regularly throughout the school year to ensure constant upgrading of teacher skills.

Section 8. Hiring of Graduates of Science, Mathematics, Statistics, Engineering and Other Specialists in Subjects
With a Shortage of Qualified Applicants, Technical-Vocational Courses and Higher Education Institution Faculty. —
Notwithstanding the provisions of Sections 26, 27 and 28 of Republic Act No. 7836, otherwise known as the
"Philippine Teachers Professionalization Act of 1994″, the DepED and private education institutions shall hire, as
may be relevant to the particular subject:

(a) Graduates of science, mathematics, statistics, engineering, music and other degree courses with
shortages in qualified Licensure Examination for Teachers (LET) applicants to teach in their specialized
subjects in the elementary and secondary education. Qualified LET applicants shall also include graduates
admitted by foundations duly recognized for their expertise in the education sector and who satisfactorily
complete the requirements set by these organizations: Provided, That they pass the LET within five (5)
years after their date of hiring: Provided, further, That if such graduates are willing to teach on part-time
basis, the provisions of LET shall no longer be required;

(b) Graduates of technical-vocational courses to teach in their specialized subjects in the secondary
education: Provided, That these graduates possess the necessary certification issued by the
TESDA: Provided, further, That they undergo appropriate in-service training to be administered by the
DepED or higher education institutions (HEIs) at the expense of the DepED;

(c) Faculty of HEIs be allowed to teach in their general education or subject specialties in the secondary
education: Provided, That the faculty must be a holder of a relevant Bachelor’s degree, and must have
satisfactorily served as a full-time HEI faculty;

(d) The DepED and private education institutions may hire practitioners, with expertise in the specialized
learning areas offered by the Basic Education Curriculum, to teach in the secondary level; Provided, That
they teach on part-time basis only. For this purpose, the DepED, in coordination with the appropriate
government agencies, shall determine the necessary qualification standards in hiring these experts.

Section 9. Career Guidance and Counselling Advocacy. — To properly guide the students in choosing the career
tracks that they intend to pursue, the DepED, in coordination with the DOLE, the TESDA and the CHED, shall
regularly conduct career advocacy activities for secondary level students. Notwithstanding the provisions of Section
27 of Republic Act No. 9258, otherwise known as the "Guidance and Counselling Act of 2004″, career and
employment guidance counsellors, who are not registered and licensed guidance counsellors, shall be allowed to
conduct career advocacy activities to secondary level students of the school where they are currently
employed; Provided, That they undergo a training program to be developed or accredited by the DepED.
Section 10. Expansion of E-GASTPE Beneficiaries. — The benefits accorded by Republic Act No. 8545, or the
"Expanded Government Assistance to Students and Teachers in Private Education Act", shall be extended to
qualified students enrolled under the enhanced basic education.

The DepED shall engage the services of private education institutions and non-DepED schools offering senior high
school through the programs under Republic Act No. 8545, and other financial arrangements formulated by the
DepED and the Department of Budget and Management (DBM) based on the principles of public-private
partnership.

Section 11. Appropriations. — The Secretary of Education shall include in the Department’s program the
operationalization of the enhanced basic education program, the initial funding of which shall be charged against
the current appropriations of the DepED. Thereafter, the amount necessary for the continued implementation of the
enhanced basic education program shall be included in the annual General Appropriations Act.

Section 12. Transitory Provisions. — The DepED, the CHED and the TESDA shall formulate the appropriate
strategies and mechanisms needed to ensure smooth transition from the existing ten (10) years basic education
cycle to the enhanced basic education (K to 12) cycle. The strategies may cover changes in physical infrastructure,
manpower, organizational and structural concerns, bridging models linking grade 10 competencies and the entry
requirements of new tertiary curricula, and partnerships between the government and other entities. Modeling for
senior high school may be implemented in selected schools to simulate the transition process and provide concrete
data for the transition plan.

To manage the initial implementation of the enhanced basic education program and mitigate the expected multi-
year low enrolment turnout for HEIs and Technical Vocational Institutions (TVIs) starting School Year 2016-2017,
the DepED shall engage in partnerships with HEIs and TVIs for the utilization of the latter’s human and physical
resources. Moreover, the DepED, the CHED, the TESDA, the TVIs and the HEIs shall coordinate closely with one
another to implement strategies that ensure the academic, physical, financial, and human resource capabilities of
HEIs and TVIs to provide educational and training services for graduates of the enhanced basic education program
to ensure that they are not adversely affected. The faculty of HEIs and TVIs allowed to teach students of secondary
education under Section 8 hereof, shall be given priority in hiring for the duration of the transition period. For this
purpose, the transition period shall be provided for in the implementing rules and regulations (IRK).

Section 13. Joint Congressional Oversight Committee on the Enhanced Basic Educational Program (K to 12
Program). — There is hereby created a Joint Oversight Committee to oversee, monitor and evaluate the
implementation of this Act.

The Oversight Committee shall be composed of five (5) members each from the Senate and from the House of
Representatives, including Chairs of the Committees on Education, Arts and Culture, and Finance of both Houses.
The membership of the Committee for every House shall have at least two (2) opposition or minority members.

Section 14. Mandatory Evaluation and Review. — By the end of School Year 2014-2015, the DepED shall conduct
a mandatory review and submit a midterm report to Congress as to the status of implementation of the K to 12
program in terms of closing the following current shortages: (a) teachers; (b) classrooms; (c) textbooks; (d) seats;
(e) toilets; and (f) other shortages that should be addressed.1âwphi1

The DepED shall include among others, in this midterm report, the following key metrics of access to and quality of
basic education: (a) participation rate; (b) retention rate; (c) National Achievement Test results; (d) completion rate;
(e) teachers’ welfare and training profiles; (f) adequacy of funding requirements; and (g) other learning facilities
including, but not limited to, computer and science laboratories, libraries and library hubs, and sports, music and
arts.
Section 15. Commitment to International Benchmarks. — The DepED shall endeavor to increase the per capita
spending on education towards the immediate attainment of international benchmarks.

Section 16. Implementing Rules and Regulations. — Within ninety (90) days after the effectivity of this Act, the
DepED Secretary, the CHED Chairperson and the TESDA Director-General shall promulgate the rules and
regulations needed for the implementation of this Act.

Section 17. Separability Clause. — If any provision of this Act is held invalid or unconstitutional, the same shall not
affect the validity and effectivity of the other provisions hereof.

Section 18. Repealing Clause. — Pertinent provisions of Batas Pambansa Blg. 232 or the "Education Act of
1982″, Republic Act No. 9155 or the "Governance of Basic Education.

Act of 2001″, Republic Act No. 9258, Republic Act No. 7836, and all other laws, decrees, executive orders and
rules and regulations contrary to or inconsistent with the provisions of this Act are hereby repealed or modified
accordingly.

Section 19. Effectivity Clause. — This Act shall take effect fifteen (15) days after its publication in the Official
Gazette or in two (2) newspapers of general circulation.

IMPACT TO PRE-SERVICE TEACHER

The Enhanced Basic Education Act is popularly known as the K to 12 Programme. It

covers kindergarten and twelve years of basic education – six years of primary schooling, four
years of junior high school and two years of senior high school. By adding two years to the
current educational system, the program aims to provide mastery of skills for lifelong learners
and prepare them for career opportunities. With the preparation of the teacher, it also
contextualizes lessons and learning materials for the students, as concepts will be explained in
the context of the local culture and with the use of the mother tongue in the region. The
enhanced basic education curriculum also prepares graduates of this educational programme to
acquire middle-level skills that will allow them to enhance further opportunities in the global
market.
 EXECUTIVE ORDER NO. 83 s. 2012 (Institutionalization of the Philippine Qualifications
Framework)

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

WHEREAS, Section 2, Article XIV of the 1987 Constitution mandates the State to establish, maintain and support a
complete, adequate and integrated system of education relevant to the needs of the people and society;

WHEREAS, the present Philippine Education System has a unique trifocalized education management system,
basic education, technical-vocational education and training and higher education;

WHEREAS, the national agenda for inclusive growth, creation of employment opportunities and poverty reduction
can only be achieved through collaboration and unity of purpose of the education and training sectors with industry;

WHEREAS, one of the key result areas (KRAs) under Executive Order (EO) No. 43, is rapid, inclusive and
sustained economic growth – one that generates jobs and livelihood for, and increase the income of the poor;

WHEREAS, there are gaps in the education and labor sector brought about by poor information and the continuing
disconnect between educational institutions and employment/industry trends which has brought about the
mismatch in jobs and skills; and,

WHEREAS, the adoption of a qualifications framework will benefit various sectors and stakeholders of education
and training, particularly in: 1) encouraging lifelong learning of individuals; 2) providing employers specific training
standards and qualifications that are aligned to industry standards; 3) ensuring that training and educational
institutions adhere to specific standards and are accountable for achieving the same; and 4) providing the
government with common standards, taxonomy and typology of qualifications as bases for granting approvals to
stakeholders.
NOW, THEREFORE, I, BENIGNO S. AQUINO III, President of the Philippines, by virtue of the powers vested in me
by the Constitution and existing laws do hereby order:

SECTION 1. Establishment of the Philippine Qualifications Framework. The Philippine Qualifications Framework
(PQF) is hereby established with the following objectives: 1) To adopt national standards and levels for outcomes
of education; 2) To support the development and maintenance of pathways and equivalencies which, provide
access to qualifications and assist people to move easily and readily between the different education and training
sectors and between these sectors and the labor market; and, 3) To align the PQF with international qualifications
framework to support the national and international mobility of workers through increased recognition of the value
and comparability of Philippine qualifications.

SECTION 2. PQF National Coordinating Committee. The PQF National Coordinating Committee is hereby created
to be Chaired by the Secretary of the Department of Education (DepEd) with the following as members: a)
Technical Education and Skills Development Authority (TESDA); b) Commission on Higher Education (CHED); c)
Department of Labor and Employment (DOLE); and, d) Professional Regulations Commission (PRC).

SECTION 3. Functions of the PQF National Coordinating Committee. The PQF National Coordinating Committee
shall issue the Implementing Rules and Regulations within sixty days of the effectivity of this EO. It shall also
provide regular feedback on the progress and accomplishments to the Office of the President with respect to the
implementation of this EO.

SECTION 4. Participation of the Industry Sector. Industry sector representatives shall be consulted and tapped in
the detailing and application of the PQF to ensure alignment of educational outcomes to job requirements.

SECTION 5. Level Descriptors. The PQF shall incorporate an 8-level Qualifications Descriptors defined in terms of
the following: knowledge, skills and values, application, and degree of independence.

SECTION 6. Learning Standards. DepEd, TESDA and CHED shall make detailed descriptors for each qualification
level based on learning standards in basic education, competency standards of training regulations, and the
policies and standards of higher education academic programs. They shall jointly implement national pilot programs
to determine its relevance and applicability in all levels of education.

SECTION 7. Review of Licensure Examinations. The PRC and CHED shall review the framework and contents of
the licensure examinations of each of the professions and align them with that of the PQF.

SECTION 8. Technical Secretariat. To ensure efficient and effective implementation, DepEd, TESDA and CHED
shall organize from their present staff complements a permanent Technical Secretariat. The Secretariat may
contract the services of technical experts and authorities on relevant areas of concern such as equivalencies,
accreditation, curriculum development, educational measurement and testing.

SECTION 9. Funding. The funds necessary for the implementation of the PQF shall be charged against the existing
appropriations of DepEd, TESDA and CHED.1âwphi1

SECTION 10. Repealing Clause. All issuances, orders, rules, and regulations or parts thereof which are
inconsistent with the provisions of this EO are hereby revoked and/or modified accordingly.

SECTION 11. Separability Clause. If any provision of this EO is declared invalid or unconstitutional, the other
provisions unaffected shall remain valid and subsisting.
SECTION 12. Effectivity Clause. This EO shall take effect immediately upon its publication in a newspaper of
general circulation.

IMPACT TO PRE-SERVICE TEACHER

Philippines have entered into the realm of global competitiveness and issues of comparability of
Filipino skilled workers and professionals working in different parts of the world have made it imperative to
institutionalize the PQF. In the ASEAN region, we position ourselves as leader in the field of education and
training,” IT also stressed that the persistent critique of the mismatch between educational qualifications and the
needs of industries kept up the drumbeat for the institutionalization of the PQF.

“The PQF provides a clear picture of the competencies that workers need for the jobs they want while
employers can easily identify the competencies their employees must possess. Hence, it can seal the gap
between educational institutions and the labor market.

The training and educational institutions would now have to conform to standards and qualifications set
by the PQF-NCC mandated to harmonize and promote a seamless education and training system in the country
and ensure that qualification outcomes are relevant and nationally consistent, and meet the skills needs of the
REPUBLIC
economy and the standards ACT
expected byNO. 8981and
industry s. employers..
2000 (PRC Modernization Act)

AN ACT MODERNIZING THE PROFESSIONAL REGULATION COMMISSION, REPEALING FOR THE

PURPOSE PRESIDENTIAL DECREE NUMBERED TWO HUNDRED AND TWENTY-THREE, ENTITLED
"CREATING THE PROFESSIONAL REGULATION COMMISSION AND PRESCRIBING ITS POWERS AND
FUNCTIONS," AND FOR OTHER PURPOSES

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

Section 1. Title – This Act shall be called the "PRC Modernization Act of 2000."

Section 2. Statement of Policy – The State recognizes the important role of professionals in nation-building and,
towards this end, promotes the sustained development of a reservoir of professionals whose competence has been
determined by honest and credible licensure examinations and whose standards of professional service and
practice are internationally recognized and considered world-class brought about the regulatory measures,
programs and activities that foster professional growth and advancement.

Section 3. Professional Regulation Commission – There is hereby created a three-man commission to be known
as the Professional Regulation Commission, hereinafter referred to as the Commission, which shall be attached to
the office of the President for general direction and coordination.

Section 4. Composition – The Commission shall be headed by one (1) full-time Chairperson and two (2) full-time
Commissioners, all to be appointed by the President for a term of seven (7) years without reappointment to start
from the time they assume office. Appointments to a vacancy that occurs before the expiration of the term of a
Commissioner shall cover only the unexpired term of the immediate predecessor. At the expiration of the
Chairperson, the most senior of the Commissioners shall temporarily assume and perform the duties and functions
of the Chairperson until a permanent Chairperson is appointed by the President.
The Chairperson or Commissioner shall be at least forty (40) years of age, holding a valid certificate of
registration/professional license and a valid professional identification card or a valid certificate of competency
issued by the Commission or a valid professional license issued by any government agency, familiar with the
principles and methods of professional regulation and/or licensing and has had at least five (5) years of executive
or management experience: Provided, That, one (1) of the Commissioners must be a past Chairperson/member of
a Professional Regulatory Board.

Section 5. Exercise of Powers and Functions of the Commission – The Chairperson of the Commission, and the
Commissioners as members thereof shall sit and act as a body to exercise general administrative, executive and
policy-making functions of the Commission. The Commission shall establish and maintain a high standard of
admission to the practice of all professions and at all times ensure and safeguard the integrity of all licensure
examinations.

The Chairperson shall act as the presiding and chief executive officer of the Commission. As presiding officer,
he/she shall preside over the meetings of the Commission sitting as a collegial body. As chief executive officer of
the Commission, he/she shall be responsible for the implementation of the policies and the programs adopted by
the Commission for the general administration of the Commission. He/she shall perform such other activities which
are necessary for the effective exercise of the powers, functions and responsibilities of the Commission.

Section 6. Compensation and Other Benefits – The Chairperson shall receive compensation and allowances
equivalent to that of a Department Secretary while the Commissioners shall receive compensation and allowances
equivalent to that of an Undersecretary. The Chairperson and the members of the Commission shall be entitled to
retirement benefits provided under Republic Act Numbered Fifteen Hundred and Sixty Eight, as amended by
Republic Act Numbered Three Thousand Five Hundred and Ninety Five.

Section 7. Powers, Functions and Responsibilities of the Commission – The powers, functions, and responsibilities
of the Commission are as follows:

(a) To administer, implement and enforce the regulatory policies of the national government with respect
to the regulation and licensing of the various professions and occupations under its jurisdiction including
the enhancement and maintenance of professional and occupational standards and ethics and the
enforcement of the rules and regulations relative thereto:

(b) To perform any and all acts, enter into contracts, make such rules and regulations and issue such
orders and other administrative issuance as may be necessary in the execution and implementation of its
functions and the improvement of its services;

(c) To review, revise, and approve resolutions, embodying policies promulgated by the Professional
Regulatory Boards in the exercise of their powers and functions or in implementing the laws regulating
their respective professions and other official actions on non-ministerial matters within their respective
jurisdictions;

(d) To administer and conduct the licensure examinations of the various regulatory boards in accordance
with the rules and regulations promulgated by the Commission; determine and fix the places and dates of
examinations; use publicly or privately owned buildings and facilities for examination purposes; conduct
more than one (1) licensure examination: Provided, That, when there are two (2) or more examinations
given in a year, at least one (1) examinations shall be held on weekdays (Monday to Friday): Provided,
further, That, if only one (1) examination is given in a year, this shall be held only on weekdays: Provided,
finally, That, the Commission is also authorized to require the completion of a refresher course where the
examinee has failed to pass three (3) times, except as otherwise provided by law; approve the results of
examinations and the release of the same; adopt measures to preserve the integrity and inviolability of
licensure examinations; appoint supervisors and room watchers from among the employees of the
government and/or private individuals with baccalaureate degrees, who have been trained by the
Commission for the purpose and who shall be entitled to a reasonable daily allowance for every
examination day actually attended, to be determined and fixed by the Commission; publish the list of
successful examinees; provide schools, colleges and universities, public and private, offering courses for
licensure examinations, with copies of sample test questions on examinations recently conducted by the
Commission and copies of the syllabi or terms of specifications of subjects for licensure examinations; and
impose the penalty of suspension or prohibition from taking licensure examinations to any examinee
charged and found guilty of violating the rules and regulations governing the conduct of licensure
examinations promulgated by the Commission;

(e) To admit the successful examinees to the practice of the profession or occupation; cause the entry of
their names on its registry book and computerized database; issue certificates of registration/professional
license, bearing the registrant’s name, picture, and registration number, signed by all the members of the
Board concerned and the Chairperson, with the official seal of the Board and the Commission affixed
thereto which certificate shall be the authority to practice; and at the option of the professional concerned,
ministerially issue the professional identification card, to be used solely for the purpose of identification,
upon payment of the appropriate amount: Provided, That, marine deck and marine engineer officers shall
also be issued endorsement certificates exclusively by the Commission pursuant to the 1978 and 1995
Standards of Training, Certification and Watch-keeping (STCW) Convention, to the exclusion of any other
government agency, Section 1(2) of Executive Order No. 149, Series of 1999 and provisions of other
existing laws, executive orders, administrative issuance/regulations to the contrary
notwithstanding: Provided, further, That, once a certificate of registration/professional license, or certificate
of competency, in the case of marine deck and engine officers are issued, this cannot be withdrawn,
cancelled, revoked, or suspended except for just cause as may be provided by law after due notice and
hearing;

(f) To have custody of all the records of the various Boards, including examination papers, minutes of
deliberation, records of administrative cases and investigations and examination results for control and
disposition;

(g) To determine and fix the amount of fees to be charged and collected for examination, registration,
registration without examination, professional identification card, certification, docket, appeal, replacement,
accreditation, including surcharges and other fees not specified under the provisions of Republic Act
Numbered Four Hundred Sixty Five as amended by Republic Act Numbered Sixty Five Hundred and
Eleven or to charge and collect reasonable fees at the rates higher than the rates provided thereunder
subject to the approval by the Office of the President.

(h) To appoint subject to the Civil Service laws, rules, and regulations, officials and employees of the
Commission necessary for the effective performance of its functions and responsibilities; prescribe their
duties and fix their compensation subject to the provisions of Republic Act Numbered Six Thousand Seven
Hundred and Fifty Eight and allowances including other fringe benefits; and to assign and/or reassign
personnel as the exigency of the service requires subject to the Civil Service laws, rules and regulations;
and to organize or reorganize the structure of the Commission; and create or abolish positions or change
the designation of existing positions in accordance with a staffing pattern prepared by it and approved by
the Office of the President upon the recommendation of the Department of Budget and Management
(DBM) to meet the changing conditions or as the need arises: Provided, That, such changes shall not
affect the employment status of the incumbents, reduce their ranks and/or salaries nor shall result in their
separation from the service;
(i) To submit and recommend to the President of the Philippines the names of licensed/registered
professionals for appointment as members of the various Professional Regulatory Boards from among
those nominated to fill up vacancies pursuant to the provisions of Executive Order No. 496, Series of
1991;

(j) Upon recommendation of the Professional Regulatory Board concerned, to approve the registration of
and authorize the issuance of a certificate of registration/license and professional identification card with or
without examination to a foreigner who is registered under the laws of his state or country and whose
certificate of registration issued therein has not been suspended or revoked: Provided, That, the
requirements for the registration or licensing in said foreign state or country are substantially the same as
those required and contemplated by the laws of the Philippines and that the laws of such foreign state or
country allow the citizens of the Philippines to practice the profession on the same basis and grant the
same privileges as those enjoyed by the subjects or citizens of such foreign state or country: Provided,
further, That, the Commission may, upon recommendation of the Board concerned, authorize the issuance
of a certificate of registration/license or a special temporary permit to foreign professionals who desire to
practice their professions in the country under reciprocity and other international agreements; consultants
in foreign-funded, joint venture or foreign-assisted projects of the government, employees of Philippine or
foreign private firms or institutions pursuant to law, or health professionals engaged in humanitarian
mission for a limited period of time: Provided, finally, That agencies, organizations or individuals whether
public or private, who secure he services of a foreign professional authorized by law to practice in the
Philippines for reasons aforementioned, shall be responsible for securing a special permit from the
Professional Regulation Commission (PRC) and the Department of Labor and Employment (DOLE),
pursuant to PRC and DOLE rules:

(k) To authorize any officer of the Commission to administer oaths:

(l) To supervise foreign nations who are authorized by existing laws to practice their professions either as
holders of a certificate of registration and a professional identification card or a temporary special permit in
the Philippines; to ensue that the terms and conditions for their practice or of their employment are strictly
complied with; to require the hiring or employing government agency or private entity/institution to secure
a temporary special permit from the concerned Board subject to approval by the Commission and to file a
criminal complaint against the head of the government agency or officers of the said private
entity/institution, who shall be liable under the penalty provided for in the concerned professional
regulatory law or the penalty imposed pursuant to this Act, when the professional was hired and allowed to
practice his/her profession without permit; to file upon due process request for deportation with the Bureau
of Immigration and Deportation (BID); and to supervise professionals who were former citizens of the
Philippines and who had been registered and issued a certificate of registration and a professional
identification card prior to their naturalization as foreign citizens, who may, while in the country on a visit,
sojourn or permanent residence, practice their profession: Provided, That, prior to the practice of their
profession they shall have first been issued a special permit and updated professional identification card
by the Board concerned subject to approval by the Commission and upon payment of the permit and
annual registration fees;

(m) To monitor the performance of schools in licensure examinations and publish the results thereof in a
newspaper of national circulation;

(n) To adopt and institute a comprehensive rating system for universities, colleges, and training institutes
based on the passing ratio and overall performance of students in board examinations;
(o) To exercise administrative supervision over the various professional regulatory boards and its
members;

(p) To adopt and promulgate such rules and regulations as may be necessary to effectively implement
policies with respect to the regulation and practice of the professions;

(q) To implement the program for the full computerization of all licensure examinations given by the
various professional regulatory boards including the registration of professionals not later than the year
2003 and other operations of the Commission;

(r) To investigate and decide administrative matters involving officers and employees under the jurisdiction
of the Commission;

(s) To investigate motu proprio or upon the filing of a verified complaint, any member of the Professional
Regulatory Boards for neglect of duty, incompetence, unprofessional, unethical, immoral or dishonorable
conduct, commission of irregularities in the licensure examinations which taint or impugn the integrity and
authenticity of the results of the said examinations and, if found guilty, to revoke or suspend their
certificates of registration and professional licenses/identification cards and to recommend to the President
of the Philippines their suspension or removal from office as the case may be;

(t) To issue summons, subpoena and subpoena duces tecum in connection with the investigation of cases
against officials and employees of the Commission and the members of the Professional Regulatory
Boards;

(u) To hold in contempt in erring party or person only upon application with a court of competent
jurisdiction;

(v) To call upon or request any department, instrumentality, office, bureau, institution or agency of the
government including local government units to render such assistance as it may require, or to coordinate
or cooperate in order to carry out, enforce or implement the professional regulatory policies of the
government or any program or activity it may undertake pursuant to the provisions of this Act;

(w) To initiate an investigation, upon complaint under oath by an aggrieved party, of any person, whether a
private individual or professional, local or foreign, who practices the regulated profession or occupation
without being authorized by law, or without being registered with and licensed by the concerned regulatory
board and issued the corresponding license/professional identification card or temporary or special permit,
or who commits any of the prohibited acts provided in the regulatory laws of the various professions, which
acts are criminal in nature, and if the evidence so warrants, to forward the records of the case to the office
of the city or provincial prosecutor for the filing of the corresponding information in court by the lawyers of
the legal services of the Commission who may prosecute said case/s upon being deputized by the
Secretary of Justice;

(x) To prepare an annual report of accomplishments on the programs, projects and activities of the
Commission during the year for submission to Congress after the close of its calendar year and make
appropriate recommendations on issues and/or problems affecting the Commission, the Professional
Regulatory Board, and the various professions under its jurisdiction; and

(y) To perform such other functions and duties as may be necessary to carry out the provisions of this Act,
the various professional regulatory laws, decrees, executive orders and other administrative issuance.
Section 8. Regional Offices – The Commission is hereby authorized to create regional offices as may be
necessary to carry out their functions mandated under this Act.

Section 9. Powers, Functions and Responsibilities of the Various Professional Regulatory Boards – The various,
professional regulatory boards shall retain the following powers, functions and responsibilities:

(a) To regulate the practice of the professions in accordance with the provisions of their respective
professional regulatory laws;

(b) To monitor the conditions affecting the practice of the profession or occupation under their respective
jurisdictions and whenever necessary, adopt such measures as may be deemed proper for the
enhancement of the profession or occupation and/or the maintenance of high professional, ethical and
technical standards, and for this purpose the members of the Board duly authorized by the Commission
with deputized employees of the Commission, may conduct ocular inspection in industrial, mechanical,
electrical or chemical plants or establishments, hospitals, clinics, laboratories, testing facilities, mines and
quarries, other engineering facilities and in the case of schools, in coordination with the Commission on
Higher Education (CHED);

(c) To hear and investigate cases arising from violations of their respective laws, the rules and regulations
promulgated thereunder and their Codes of Ethics and, for this purpose, may issue
summons, subpoena and subpoena duces tecum to alleged violators and/or witnesses to compel their
attendance in such investigations or hearings: Provided, That, the decision of the Professional Regulatory
Board shall, unless appealed to the Commission, become final and executory after fifteen (15) days from
receipt of notice of judgment or decision;

(d) To delegate the hearing or investigation of administrative cases filed before them except in cases
where the issue or question involved strictly concerns the practice of the profession or occupation, in
which case, the hearing shall be presided over by at least one (1) member of the Board concerned
assisted by a Legal or Hearing Officer of the Commission;

(e) To conduct, through the Legal Officers of the Commission, summary proceedings on minor violations
of their respective regulatory laws, violations of the rules and regulations issued by the boards to
implement their respective laws, including violations of the general instructions to examinees committed by
examinees, and render summary judgment thereon which shall, unless appealed to the Commission,
become final and executory after fifteen (15) days from receipt of notice of judgment or decision;

(f) Subject to final approval by the Commission, to recommend registration without examination and the
issuance of corresponding certificate of registration and professional identification card;

(g) After due process, to suspend, revoke or reissue, reinstate certificate of registration or licenses for
causes provided by law;

(h) To prepare, adopt and issue the syllabi or tables of specifications of the subjects for examinations in
consultation with the academe; determine and prepare the questions for the licensure examinations which
shall strictly be within the scope of the syllabus or table of specifications of the subject for examination;
score and rate the examination papers with the name and signature of the Board member concerned
appearing thereon and submit the results in all subjects duly signed by the members of the Board to the
Commission within ten (10) days from the last day of examination unless extended by the Commission for
justifiable cause/s; and subject to the approval by the Commission, determine the appropriate passing
general average rating in an examination if not provided for in the law regulating the profession; and
 (i) To prepare an annual report of accomplishments on programs, projects and activities of the Board
during the year for submission to the Commission after the close of each calendar year and make
appropriate recommendations on issues or problems affecting the profession to the Commission.

Section 10. Compensation of the Members of the Professional Regulatory Boards – The members of the
Professional Regulatory Boards shall receive compensation equivalent to, at least, two salary grades lower than
the salary grade of the Commissioners: Provided, That the Chairperson of the Regulatory Board shall receive a
monthly compensation of two steps higher than the members of the Board, and: Provided, further, That they shall
be entitled to other allowances and benefits provided under existing laws.

Section 11. Person to Teach Subjects for Licensure Examination on all Professions – All subjects for licensure
examinations shall be taught by persons who are holders of valid certificates of registration and valid professional
licenses of the profession and who comply with the other requirements of the CHED.

Section 12. Assistance of Law Enforcement Agency – Any law enforcement agency shall, upon call or request of
the Commission or of any Professional Regulatory Board, render assistance in enforcing the regulatory law of the
profession including the rules and regulations promulgated thereunder by prosecuting the violators thereof in
accordance with law and the rules of court.

Section 13. Appropriations – The amount necessary to carry out the initial implementation of this Act shall be
charged against the current year’s appropriations of the Professional Regulation Commission. Thereafter, such
sums as may be necessary for the continued implementation of this Act shall be included in the succeeding
General Appropriations Act.

Section 14. Authority to Use Income – In addition to the annual appropriations of the Commission provided under
the Annual General Appropriations Act, the Commission is hereby authorized to use its income not exceeding the
amount of Forty-five million pesos (P45,000,000.00) a year for a period of five (5) years after the effectivity of this
Act to implement the program for full computerization of the operations of the Commission, subject to the usual
accounting and auditing requirements.

Section 15. Penalties for Manipulation and Other Corrupt Practices in the Conduct of Professional Examinations –

(a) Any person who manipulates or rigs licensure examination results, secretly informs or makes known
licensure examination questions prior to the conduct of the examination or tampers with the grades in
professional licensure examinations shall, upon conviction, be punished by imprisonment of not less than
six (6) years and one (1) day to not more than twelve (12) years or a fine of not less than Fifty thousand
pesos (P50,000.00) to not more than One hundred thousand pesos (P100,000.00) or both such
imprisonment and fine at the discretion of the court.

(b) In case the offender is an officer or employee of the Commission or a member of the regulatory board,
he/she shall be removed from office and shall suffer the penalty of perpetual absolute disqualification from
public office to addition to the penalties prescribed in the preceding section of this Act;

(c) The penalty of imprisonment ranging from four (4) years and one (1) day to six (6) years or a fine
ranging from Twenty thousand pesos (P20,000.00) to not more than Forty-nine thousand pesos
(P49,000.00), or both imprisonment and fine at the discretion of the court, shall be imposed upon the
accomplices. The penalty of imprisonment ranging from two (2) years and one (1) day to four (4) years or
a fine ranging from Five thousand pesos (P5,000.00) to not more than Nineteen thousand pesos
(P19,000.00), or both imprisonment and fine at the discretion of the court, shall be imposed upon the
accessories.
Section 16. Penalties for Violation of Section 7 – Subparagraph (1) by Heads of Government Agencies or Officers
of Private Entities/Institutions – Any head of a government agency or officer(s) of a private firm/institution who
violates Section 7 – subpar. (1) of this Act shall be punished by imprisonment of not less than six (6) months and
one (1) day to not more than six (6) years, or a fine of not less than Fifty thousand pesos (P50,000.00) to not more
than Five hundred thousand pesos (P500,000.00) or both at the discretion of the court.

Section 17. Implementing Rules and Regulations – Within ninety (90) days after the approval of this Act, the
Professional Regulation Commission, together with representatives of the various Professional Regulatory Boards
and accredited professional organizations, the DBM, and the CHED shall prepare and promulgate the necessary
rules and regulations needed to implement the provisions of this Act.

Section 18. Transitory Provisions – The incumbent Commissioner and two (2) incumbent Associate
Commissioners shall serve as Chairperson and Commissioners respectively under the terms for which they have
been appointed without need of new appointments. The incumbent Executive Director shall likewise serve as
Assistant Commissioner without need of new appointment.

Section 19. Separability Clause – If any provision of this Act or the application of such provision to any person or
circumstances is declared invalid or unconstitutional, the remainder of this Act or application of such provisions to
other persons or circumstance shall not be affected by such declaration.

Section 20. Repealing Clause – Republic Act. No. 546, Presidential Decree No. 223, as amended by Presidential
Decree No. 657, Republic Act No. 5181, and Executive Order No. 266, Series of 1995 are hereby repealed.
Section 23 (h) of Republic Act No. 7836, Section 4 (m & s). Section 23 of Republic Act No. 7920, and Section 29 of
Republic Act No. 8050, insofar as it requires completion of the requirements of the Continuing Professional
Education (CPE) as a condition for the renewal of the license are hereby repealed. All other laws, orders, rules and
regulations or resolutions and all part/s thereof inconsistent with the provisions of this Act are hereby repealed or
amended accordingly.

Section 21. Effectivity – This Act shall take effect after fifteen (15) days following its publication in the Official
Gazette or in two (2) newspapers of general circulation, whichever is earlier

IMPACT TO PRE-SERVICE TEACHER

 To regulate the practice of the profession

 To monitor the conditions affecting the practice- adopt such measures as may be deemed proper for
the enhancement of the profession….maintain high professional standards

In fulfillment of its legal mandate, the PRC performs two important functions, which are:

1) to conduct and administer licensure examinations to aspiring professionals, and

2) to regulate and supervise the practice of the professions exercised in partnership with the forty-
three (43) Professional Regulatory Boards (PRBs) in the fields of health, business, education,
social sciences, engineering and technology. The PRBs govern their respective professions’
 REPUBLIC ACT NO. 9155 s. 2001 (Governance of Basic Education Act)

AN ACT INSTITUTING A FRAMEWORK OF GOVERNANCE FOR BASIC EDUCATION, ESTABLISHING

AUTHORITY AND ACCOUNTABILITY, RENAMING THE DEPARTMENT OF EDUCATION, CULTURE AND
SPORTS AS THE DEPARTMENT OF EDUCATION, AND FOR OTHER PURPOSES

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

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

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

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

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

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

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

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

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

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

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

(f) To encourage local initiatives for the improvement of schools and learning centers and to provide the means by
which these improvements may be achieved and sustained; and

(g) To establish schools and learning centers as facilities where schoolchildren are able to learn a range of core
competencies prescribed for elementary and high school education programs or where the out-of-school youth and
adult learners are provided alternative learning programs and receive accreditation for at least the equivalent of a
high school education.

Section 4. Definition of Terms. - For purposes of this Act, the terms or phrases used shall mean or be understood
as follows:

(a) Alternative Learning System -is a parallel learning system to provide a viable alternative to the existing formal
education instruction. It encompasses both the nonformal and informal sources of knowledge and skills;

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

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

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

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

(f) Integrated School. - is a school that offers a complete basic education in one school site and has unified
instructional program;
(g) Learner - is any individual seeking basic literacy skills and functional life skills or support services for the
improvement of the quality of his/her life;

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

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

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

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

(I) .School - is an educational institution, private and public, undertaking educational operation with a specific age-
group of pupils or students pursuing defined studies at defined levels, receiving instruction from teachers, usually
located in a building or a group of buildings in a particular physical or cyber site; and

(m) .School Head - is a person responsible for the administrative and instructional supervision of the school or
cluster of schools.

CHAPTER 1
GOVERNANCE OF BASIC EDUCATION

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

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

(c) The principles of accountability and transparency shall be operationalized in the performance of functions and
responsibilities at all levels; and

(d) The communication channels of field offices shall be strengthened to facilitate flow of information and expand
linkages with other government agencies, local government units and nongovernmental organizations for effective
governance.

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

Section 7. Powers, Duties and Functions. - The Secretary of the Department of Education shall exercise overall
authority and supervision over the operations of the Department.
A. National Level In addition to his/her powers under existing laws, the Secretary of Education shall have authority,
accountability and responsibility for the following:

(1) Formulating national educational policies;

(2) Formulating a national basic education plan;

(3) Promulgating national educational Standards;

(4) Monitoring and assessing national learning outcomes;

(5) Undertaking national educational research and studies;

(6) Enhancing the employment status, professional competence, welfare and working conditions of all
personnel of the Department; and

(7) Enhancing the total development of learners through local and national programs and/or projects.

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

B. Regional Level

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

Consistent with the national educational policies, plans and standards, the regional director shall have authority,
accountability and responsibility for the following:

(1) Defining a regional educational policy framework which reflects the values, needs and expectations of
the communities they serve;

(2) Developing a regional basic education plan;

(3) Developing regional educational standards with a view towards bench-marking for international
competitiveness;

(4) Monitoring, evaluating and assessing regional learning outcomes;

(5) Undertaking research projects and developing and managing region wide projects which may be
funded through official development assistance and/or or other finding agencies;

(6) Ensuring strict compliance with prescribed national criteria for the recruitment, selection and training of
all staff in the region and divisions.
 (7) Formulating, in coordination with the regional development council, the budget to support the regional
educational plan which shall take into account the educational plans of the divisions and districts;

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

(9) Hiring, placing and evaluating all employees in the regional office, except for the position of assistant
director;

(10) Evaluating all schools division superintendents and assistant division superintendents in the region;

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

(12) Managing the database and management information system of the region;

(13) Approving the establishment of public and private elementary and high schools and learning centers;
and

(14) Preforming such other functions as may be assigned by proper authorities.

C. Division Level

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

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

(1) Developing and implementing division education development plans;

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

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

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

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

(6) Promoting awareness of and adherence by all schools and learning centers to accreditation standards
prescribed by the Secretary of Education;
 (7) Supervising the operations of all public and private elementary, secondary and integrated schools, and
learning centers; and

(8) Performing such other functions as may be assigned by proper authorities.

D. Schools District Level

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

The schools district supervisor shall be responsible for:

(1) Providing professional and instructional advice and support to the school heads and
teachers/facilitators of schools and learning centers in the district or cluster thereof;

(2) Curricula supervision; and

(3) Performing such other functions as may be assigned by proper authorities.

E. School Level

There shall be a school head for all public elementary schools and public high schools or a cluster thereof. The
establishment of integrated schools from existing public elementary and public high schools shall be encouraged.

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

Consistent with the national educational policies, plans and standards, the school heads shall have authority,
accountability and responsibility for the following:

(1) Setting the mission, vision, goals and objectives of the school;

(2) Creating an environment within the school that is conducive to teaching and learning;

(3) Implementing the school curriculum and being accountable for higher learning outcomes;

(4) Developing the school education program and school improvement plan;

(5) Offering educational programs, projects and services which provide equitable opportunities for all
learners in the community;

(6) Introducing new and innovative modes of instruction to achieve higher learning outcomes;

(7) Administering and managing all personnel, physical and fiscal resources of the school;
 (8) Recommending the staffing complement of the school based on its needs;

(9) Encouraging staff development;

(10) Establishing school and community networks and encouraging the active participation of teachers
organizations, nonacademic personnel of public schools, and parents-teachers-community associations;

(11) Accepting donations, gifts, bequests and grants for the purpose of upgrading teachers' learning
facilitators' competencies, improving ad expanding school facilities and providing instructional materials
and equipment. Such donations or grants must be reported to the appropriate district supervisors and
division superintendents; and

(12) Performing such other functions as may be assigned by proper authorities.

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

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

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

CHAPTER 2
TRANSFER OF CULTURAL AGENCIES

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

CHAPTER 3
ABOLITION OF THE BUREAU OF PHYSICAL EDUCATION AND SCHOOL SPORTS

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

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

CHAPTER 4
SUPPORT AND ASSISTANCE OF OTHER GOVERNMENT AGENCIES
Section 10. The Secretary of Education and the Secretary of Budget and Management shall, within ninety (90)
days from the approval of this Act, jointly promulgate the guidelines on the allocation, distribution and utilization of
resources provided by the national government for the field offices, taking into consideration the uniqueness of the
working conditions of the teaching service.

The Secretary of the Department of Education shall ensure that resources appropriated for the field offices are
adequate and that resources for school personnel, school desks and textbooks and other instructional materials
intended are allocated directly and released immediately by the Department of Budget and Management to said
offices.

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

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

CHAPTER 5
FINAL PROVISIONS

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

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

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

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

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

IMPACT TO PRE-SERVICE TEACHER

We envision graduates of the school system who are heroes in their own right. The teacher is
central to molding the graduate heroes. The teacher teaches them the skills so that they can be productive in
life. The teacher shows by example the values that children must learn in school – hard work, study and the
 REPUBLIC ACT NO. 7722 s. 1994 (Higher Education Act)

AN ACT CREATING THE COMMISSION ON HIGHER EDUCATION, APPROPRIATING FUNDS THEREFOR

AND FOR OTHER PURPOSES

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

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

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

State-supported institutions of higher learning shall gear their programs to national, regional or local development
plans. Finally, all institutions of higher learning shall exemplify through their physical and natural surroundings the
dignity and beauty of, as well as their pride in, the intellectual and scholarly life.

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

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

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

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

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

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

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

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

The Board of Advisers shall be composed of the following:

a. the Secretary of Education, Culture and Sports, as chairman;

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

c. the Secretary of Science and Technology;

d. the Secretary of Trade and Industry;

e. the Secretary of Labor and Employment;

f. the President of the Federation of Accrediting Associations of the Philippines (FAAP); and

g. the President of the Fund for Assistance to Private Education (FAPE).

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

Section 8. Powers and Functions of the Commission. -The Commission shall have the following powers and
functions:

a. formulate and recommend development plans, policies, priorities, and programs on higher education
and research;

b. formulate and recommend development plans, policies, priorities and programs on research;

c. recommend to the executive and legislative branches, priorities and grants on higher education and
research;

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

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

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

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

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

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

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

k. devise and implement resource development schemes;

l. administer the Higher Education Development Fund, as described in Section 10 hereunder, which will
promote the purposes of higher education;

m. review the charters of institutions of higher learning and state universities and colleges including the
chairmanship and membership of their governing bodies and recommend appropriate measures as basis
for necessary action;
 n. promulgate such rules and regulations and exercise such other powers and functions as may be
necessary to carry out effectively the purpose and objectives of this Act; and

o. perform such other functions as may be necessary for its effective operations and for the continued
enhancement, growth or development of higher education.

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

The Commission shall appoint the members of the staff upon the recommendation of the executive officer.

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

a. The Government’s contribution to the Fund shall be the following:

1. the amount of Five hundred million pesos (P500,000,000) as seed capital;

2. the amount of Fifty million pesos (P50,000,000) for the initial operation of the Commission;

3. the equivalent of forty percent (40%) annual share on the total gross collections of the travel
tax;

4. the equivalent of thirty percent (30%) share of the collections from the Professional
Registration Fee; and

5. the equivalent of one percent (1%) of the gross sales of the lotto operation of the Philippine
Charity Sweepstakes Office (PCSO).

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

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

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

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

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

c. The Commission shall appoint and organize a separate staff, independent administratively and
budgetarily separate from the Commission Secretariat; and

d. The Fund shall be utilized equitably according to regions and programs.

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

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

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

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

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

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

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

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

The Commission shall have the authority to appoint its own personnel.

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

Jurisdiction over DECS-supervised or chartered state-supported post-secondary degree-granting vocational and

technical programs and tertiary institutions shall be transferred to the Commission.

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

The transitory body shall facilitate the complete and full operation of the Commission which shall not be later than
three (3) months after the effectivity of this Act. It shall likewise, promulgate the rules and regulations necessary to
effectively implement the smooth and orderly transfer to the Commission. The transition period not exceeding three
(3) months shall commence from the approval of this Act.1âwphi1

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

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

Section 21. Effectivity. - This Act shall take effect upon its approval.

IMPACT TO PRE-SERVICE TEACHER

One of the contents of this act that is somehow explicitly affecting for the improvement of
learning is reflected in section eight (8), paragraph E and F, that can be extracted from this section
will tell teachers and mandating them that they have to ensure all the program areas to be able to
affect learning in all aspects as pre-requisite for nation building and development as well as world
challenge. That is why program of studies must always undergo and subject for accreditation to
evaluate its efficacy and levels of functions it provides to the learners. The degree of performance is
 REPUBLIC ACT NO. 7796 s. 1994 (Technical Educational and Skills Development Act)
AN ACT CREATING THE TECHNICAL EDUCATION AND SKILLS DEVELOPMENT AUTHORITY, PROVIDING
FOR ITS POWERS, STRUCTURE AND FOR OTHER PURPOSES

Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembled:
SECTION 1. Title. - This Act shall be known as the "Technical Education and Skills Development Act
of 1994" or the "TESDA Act of 1994".
SEC. 2. Declaration of Policy. - I t 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 manpower 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 workforce, in providing
technical education and skills development opportunities.
SEC. 3. Statement of Goals and Objectives. - It is the goal and objective of this Act to:
Promote and strengthen the quality of technical education and skills development programs to attain international
competitiveness;

Focus technical education and skills development on meeting the changing demands for quality middle-level
manpower;

Encourage critical and creative thinking by disseminating the scientific and technical knowledge base of
middle-level manpower development programs;
 Recognize and encourage the complementary roles of public and private institutions in technical education and
skills development and training systems; and

Inculcate desirable values through the development of moral character with emphasis on work ethic, self-
discipline, self-reliance and nationalism.

SEC. 4. Definition of Terms. - As used in this Act:

"Skill" shall mean the acquired and practiced ability to carry out a task or job;

"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;

"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;

"Trade" shall mean any group of interrelated jobs or any occupation which is traditionally or officially recognized
as craft or artisan in nature requiring specific qualifications that can be acquired through work experience and/or
training;
"Middle-Level Manpower" refers to those:

1.who have acquired practical skills and knowledge through formal or non-formal education and training
equivalent to at least a secondary education but preferably at post-secondary education with a corresponding
degree of diploma; or

2.skilled workers who have become highly competent in their trade or craft as attested by industry;

"Private Enterprises" refers to an economic system under which property of all kinds can be privately owned and
in which individuals, alone or in association with another, can embark on a business activity. This includes
industrial, agricultural, or agro-industrial establishments engaged in the production, manufacturing, processing,
repacking or assembly of goods including service-oriented enterprises;

"Trainers" shall mean persons who direct the practice of skills towards immediate improvement in some task;

"Trainors/trainers" shall mean persons who provide training to trainers aimed at developing the latter's capacities
for imparting attitudes, knowledge, skills and behavior patters required for specific jobs, tasks, occupations or group
of related occupations.

"Trainees" shall mean persons who are participants in a vocational, administrative or technical training program
for the purpose of acquiring and developing job-related skills;

"Apprenticeship" training within employment with compulsory related theoretical instruction involving a contract
between an apprentice and an employer on an approved apprenticeable occupation;
 "Apprentice" is a person undergoing training for an approved apprenticeable occupation during an apprenticeship
agreement;

"Apprenticeship Agreement" is a contract wherein a prospective employer binds himself to train the apprentice
who in turn accepts the terms of training for a recognized apprenticeable occupation emphasizing the rights, duties
and responsibilities of each party;

"Apprenticeable Occupation" is an occupation officially endorsed by a tripartite body and approved for
apprenticeable by the Authority;

"Learners" refers to persons hired as trainees in semi-skilled and other industrial occupations which are non-
apprenticeable. Learnership programs must be approved by the Authority;

"User-Led" or "Market-Driven Strategy" refers to a strategy which promotes strengthened linkages between
educational/training institutions and industry to ensure that appropriate skills and knowledge are provided by the
educational system;

"Dual System/Training" refers to a delivery system of quality technical and vocational education which requires
training to be carried out alternately in two venues: in-school and in the production plant. In- school training
provides the trainee the theoretical foundation, basic training, guidance and human formation, while in-plant training
develops his skills and proficiency in actual work conditions as it continues to inculcate personal discipline and work
values;

"Levy Grant System" refers to a legal contribution from participating employers who would be beneficiaries of the
program (often as a percentage of the payroll) which is subsequently turned over or rebated to enterprises offering
employee training programs.
SEC. 5. Technical Education and Skills Development Authority; Creation. - To implement the policy
declared in this Act, there is hereby created a Technical Education and Skills Development Authority (TESDA),
hereinafter referred to as the Authority, which shall replace and absorb the National Manpower and Youth Council
(NMYC), the 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 the Bureau of Local Employment of the Department of Labor and Employment.
SEC. 6. Composition of the Authority. - The Authority shall be composed of the TESDA Board and the TESDA
Secretariat.
SEC. 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 shall be a woman; and two (2) representatives of the national associations of
private technical-vocational education and training institutions, one of whom shall be a women. As soon as all the
members of the private sector are appointed, they shall so organized themselves that the term of office of one-third
(1/3) of their number shall expire every year. The member from the private sector appointed thereafter to fill
vacancies caused by expiration of terms shall hold office for three (3) years.
The President of the Philippines may, however, revise the membership of the TESDA Board, whenever the
President deems it necessary for the effective performance of the Board's functions through an
administrative order.
The TESDA Board shall meet at least twice a year, or as frequently as may be deemed necessary by
its Chairperson. In the absence of the Chairperson, a Co-Chairperson shall preside. In case any member of the
Board representing the Government cannot attend the meeting, he or she shall be regularly represented by an
undersecretary or deputy-director general, as the case may be, to be designated by such member for the purpose.
The benefits, privileges and emoluments of the Board shall be consistent with existing laws and rules.
SEC. 8. Powers and Functions of the Board. - The Authority shall primarily be responsible for
formulating, continuing, coordinated and fully integrated technical education and skills development policies, plans
and programs taking into consideration the following:
The State policy declared herein of giving new direction and thrusts to efforts in developing the quality of Filipino
human resource through technical education and skills development;

The implementation of the above-mentioned policy requires the coordination and operation of policies, plans, and
programs of different concerned sectors of Philippine society;

Equal participation of representatives of industry groups, trade associations, employers, workers and government
shall be made the rule in order to ensure that urgent needs and recommendations are readily addressed; and

Improved linkages between industry, labor and government shall be given priority in the formulation of any
national-level plan.

The Board, shall have the following powers:

1. promulgate, after due consultation with industry groups, trade associations, employers, workers, policies,
plans, programs and guidelines as may be necessary for the effective implementation of this Act;

2. organize and constitute various standing committees, subsidiary groups, or technical working groups for
efficient integration, coordination and monitoring technical education and skills development programs at the
national, regional, and local levels;

3. enter into, make, execute, perform and carry-out domestic and foreign contracts subject to existing laws, rules
and regulations.
 4. restructure the entire sub-sector consisting of all institutions and programs involved in the promotion and
development of middle-level manpower through upgrading, merger and/or phase-out following a user-led strategy;

5. approve trade skills standards and trade tests as established and conducted by private industries;

6. establish and administer a system of accreditation of both public and private institutions;

7. establish, develop and support institutions' trainors' training and/or programs;

8. lend support and encourage increasing utilization of the dual training system as provided for by Republic Act.
No. 7686;

9. exact reasonable fees and charges for such tests and trainings conducted and retain such earnings for its
own use, subject to guidelines promulgated by the Authority;

10. allocate resources, based on the Secretariat's recommendations for the programs and subjects it shall
undertake pursuant to approved National Technical Education and Skills Development Plan;

11. determine and approve systematic funding schemes such as the Levy and Grant scheme for technical
education and skills development purposes;

12. create, when deemed necessary, an Advisory Committee which shall provide expert and technical advice to
the Board to be chosen from the academe and the private sector: Provided, That in case the Advisory Committee is
created, the Board is hereby authorized to set aside a portion of its appropriation for its operation; and

13. perform such other duties and functions necessary to carry out the provisions of this Act consistent with the
purposes of the creation of TESDA.
SEC. 9. Power to Review and Recommend Action. - The Authority shall review and recommend action
to concerned authorities on proposed technical assistance programs and grants-in-aid for technical education or
skills development, or both, including those which may be entered into between the Government of the Philippines
and other nations, including international and foreign organizations, both here and abroad
SEC. 10. The TESDA Secretariat. - There is hereby created a Technical Education and Skills
Development Authority Secretariat which shall have the following functions and responsibilities:
To establish and maintain a planning process and formulate a national technical education and skills
development plan in which the member-agencies and other concerned entities of the Authority at various levels
participate;

To provide analytical inputs to policy decision-making of the Authority on allocation of resources and institutional
roles and responsibilities as shall be embodied in annual agencies technical education and skills development
plans, in accordance with the manpower plan for middle-level skilled worker as approved by the Authority;

To recommend measures, and implement the same upon approval by the Authority, for the effective and efficient
implementation of the national technical education and skills development plan;

To propose to the Authority the specific allocation of resources for the programs and projects it shall undertake
pursuant to approved national technical education and skills development plan;

To submit to the Authority periodic reports on the progress and accomplishment of work programs of
implementation of plans and policies for technical education and skills development;

To prepare for approval by the Authority an annual report to the President on technical education and skills
development;

To implement and administer the apprenticeship program as provided for in Section 18 of his Act;

To prepare and implement upon approval by the Authority a program for the training of trainers, supervisors,
planners and managers as provided for in Section 23 of this Act;

To enter into agreement to implement approved plans and programs and perform activities as shall implement
the declared policy of this Act; and to perform such other functions and duties as may be assigned by the Board
SEC. 11. Director-General. - The TESDA Secretariat shall be headed by a Director-General, who shall
likewise be a member of the TESDA Board. The Director-General shall be appointed by the President of the
Philippines and shall enjoy the benefits, privileges and emoluments equivalent to the rank of under secretary.
As Chief Executive Officer of the TESDA Secretariat, the Director-General shall exercise general supervision and
control over its technical and administrative personnel.
SEC. 12. Deputy Directors-General. - The Director-General shall be assisted by two (2) Deputy Directors-General
to be appointed by the President of the Philippines on recommendation of the TESDA Board. One to be
responsible for Vocational and Technical Education and Training and one to be responsible for Policies and
Planning.
The Deputy Directors-General shall enjoy the benefits, privileges and emoluments equivalent to the rank of
Assistant Secretary.
SEC. 13. Chief of Services for Administration. - The Director-General shall also be assisted by a Chief of Services
for Administration who shall be a Career Civil Service Official to be appointed by the TESDA Board.
SEC. 14. Structural Organization and Personnel. - The TESDA Secretariat, in addition to the offices of the
Director-General, Deputy Director-General and Chief of Services for Administration shall be
composed of the following offices to be headed by an Executive Director to be appointed by the
Director-General and shall have the rank and emoluments of Director IV.
Planning Office (PO) - The Planning Office shall be under the Office of the Deputy Director-General and shall
have the following functions:

1. To design and establish planning processes and methodologies which will particularly enhance the efficiency
of resource allocation decisions within the technical education and skills development sector;

2. To lead in the preparation and periodic updating of a national plan for technical education and skills
development which shall become the basis for resource allocation decisions within the sector;

3. To conduct researchers, studies and develop information systems for effective and efficient planning and
policy making within the sector;
 4. To develop and implement programs and projects aimed at building up planning capabilities of various
institutions within the sector; and

5. To perform such other powers and functions as may be authorized by the Authority.

Skills Standards and Certification Office (SSCO) - The Skills Standards and Certification Office shall be under the
office of the Deputy Director-General and shall have the following functions:

1. To develop and establish a national system of skills standardization, testing and certification in the country;

2. To design, innovate and adopt processes and methodologies whereby industry groups and workers' guilds
take note on progressively the responsibility of setting skills standards for identified occupational areas, and the
local government units actively participate in promoting skills standards, testing and certification;

3. To establish and implement a system of accrediting private enterprises, workers' associations and guilds and
public institutions to serve as skills testing venues;

4. To conduct research and development on various occupational areas in order to recommend policies, rules
and regulations for effective and efficient skills standardization, testing and certification system in the country;
and

5. To perform such other duties and functions as may be authorized.

National Institute for Technical Vocational and Education Training (NITVET) - The National Institute for Technical
Vocational and Education Training to be under the office of the Deputy Director-General and shall have the
following functions:

1. To serve as the research and development arm of the government in the field of the technical-vocational
education and training;

2. To develop curricula and program standards for various technical-vocational education and training areas;

3. To develop and implement an integrated program for continuing development of trainors, teachers and
instructors within the technical education and skills development sector;

4. To develop programs and project which will build up institutional capabilities within the sector; and
5. To perform such other powers and functions as may be authorized.

Office of Formal Technical Vocational Education and Training (OFTVET) - The Office of Formal Technical
Vocational Education and Training to be under the office of the Deputy Director-General and shall have the
following functions:

1. To provide policies, measures and guidelines for effective and efficient administration of formal technical-
vocational education and training programs implemented by various institutions in the country;

2. To establish and maintain a system for accrediting, coordinating, integrating, monitoring and evaluating the
different formal technical-vocational education and training programs vis-à-vis the approved national technical
education and skills development plan;

3. To establish and maintain a network of institutions engaged in institutionalized technical-vocational

education and training, particularly with local government units; and

4. To perform such other duties and functions as may be authorized.

Office of the Non-Formal Technical-Vocational Education and Training (ONFTVET) - The Office of the Non-
Formal Technical-Vocational Education and Training to be under the office of the Deputy Director-General and
shall have the following functions:

1. To provide direction, policies and guidelines for effective implementation of non-formal community-based
technical-vocational education and training;

2. To accredit, coordinate, monitor and evaluate various non-formal technical-vocational education and training
programs implemented by various institutions particularly, by local government units;

3. To establish and maintain a network of institutions including local government units, non-government
organizations implementing non-formal, community-based technical-vocational education and training;

4. To perform such other powers and functions as may be authorized.

Office of Apprenticeship (OA) - The Office of Apprenticeship shall be under the office of the Deputy Director-
General and shall have the following functions:

1. To provide direction, policies and guidelines on the implementation of the apprenticeship system;

2. To accredit, coordinate, monitor and evaluate all apprenticeship schemes and program implemented by
various institutions and enterprises;

3. To establish a network of institutions and enterprises conducting apprenticeship schemes and programs;

4. To perform such other powers and functions as may be authorized.

Regional TESDA Offices - The Regional TESDA Offices shall be headed by Regional Directors with the rank and
emoluments of Director IV to be appointed by the President. The Regional TESDA Offices shall be under the direct
control of the Director-General and shall have the following functions:

1. To serve as Secretariat to Regional Technical Education Skills Development (TESDA) Committee;

2. To provide effective supervision, coordination and integration of technical education and skills development
programs, projects and related activities in their respective jurisdictions;

3. To develop and recommend TESDA programs for regional and local-level implementation within the policies
set by the Authority.
 4. To perform such other duties and functions as may be deemed necessary.
SEC. 15. The Provincial TESDA Offices. - The Provincial Offices shall be headed by Skill Development Officers
who shall have the rank and emoluments of a Director III.
The Provincial TESDA Offices shall be under the direct control of the Director-General and shall have the following
functions:

1. To serve as Secretariat to Provincial TESDA Committees;

2. To provide technical assistance particularly to local government units for effective supervisions, coordination,
integration and monitoring of technical-vocational education and training programs within their localities;

3. To review and recommend TESDA Programs for implementation within their localities; and

4. To perform such other duties and functions as may be authorized. Furthermore, the TESDA Secretariat maybe
further composed by such offices as may be deemed necessary by the Authority. The Director-General shall
appoint such personnel necessary to carry out the objectives, policies and functions of the Authority subject to civil
service laws, rules and regulations.
SEC. 16. Compliance with the Salaries Standardization Law. - The compensation and emoluments of the officials
and employees of the Authority shall be in accordance with the salary standardization law and other applicable
laws under the national compensation and classification plan.
SEC. 17. Consultants and Technical Assistance, Publication and Research. - In pursuing its objectives, the
Authority is hereby authorized to set aside a portion of its appropriation for the hiring of services of qualified
consultants, and private organizations for research work and publication in the field of technical education and skills
development. It shall avail itself of the services of other agencies of the Government as may be required.
SEC. 18. Transfer of the Apprenticeship Program. - The Apprenticeship Program of the Bureau of Local
Employment of the Department of Labor and Employment shall be transferred to the Authority which shall
implement and administer said program in accordance with existing laws, rules and regulations.
SEC. 19. Technical Education and Skills Development Committees. - The Authority shall establish Technical
Education and Skills Development Committees at the regional and local levels to coordinate and monitor the
delivery of all skills development activities by the public and private sectors. These committees shall likewise serve
as the Technical Education and Skills Development Committees of the Regional and local development councils.
The compositions of the Technical Education and Skills development Committees shall be determined by the
Director-General subject to the guidelines to be
promulgated by the Authority.
SEC. 20. Skills Development Centers. - The Authority shall strengthen the network of national, regional and local
skills training centers for the purpose of promoting skills development. This network shall include skills training
centers in vocational and technical schools, technical institutes, polytechnic colleges, and all other duly accredited
public and private dual system educational institutions. The technical education and skills development centers
shall be administered and operated under such rules and regulations as may be established by the Authority in
accordance with the National Technical Education and Skills Development Plan.
SEC. 21. 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. This plan shall after adoption by the Authority be
updated periodically and submitted to the President of the Philippines for approval. Thereafter, it shall be the plan
for the technical education and skills development for the entire country within the framework of the National
Development Plan. The Authority shall direct the TESDA Secretariat to call on its member-agencies, the private
sector and the academe to assist in this effort. The comprehensive plan shall provide for a reformed industry-based
training program including apprenticeship, dual training system and other similar schemes intended to:
Promote maximum protection and welfare of the worker-trainee;

Improve the quality and relevance and social accountability of technical education and skills development;

Accelerate the employment-generation effort of the government; and

Expand the range of opportunities for upward social mobility of the school-going population beyond the
traditional higher levels of formal education. All government and non-government agencies receiving financial and
technical assistance from the government shall be required to formulate their respective annual agency technical
education and skills development plan in line with the national technical education and skills development plan. The
budget to support such plans shall be subject to review and endorsement by the Authority to the Department of
Budget and Management. The Authority shall evaluate the efficiency and effectiveness of agencies skills
development program and schemes to make them conform with the quantitative and qualitative objectives of the
national technical education and skills development plan.
SEC. 22. Establishment and Administration of National Trade 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.
The Secretary of Labor and Employment shall determine the occupational trades for mandatory certification. All
certificates relating to the national trade skills testing and certification system shall be issued by the Authority
through the TESDA Secretariat.
SEC. 23. Administration of Training Programs. - The Authority shall design and administer training programs and
schemes the will develop the capabilities of public and private institutions to provide quality and cost-effective
technical education and skills development and related opportunities. Such training programs and schemes shall
include teacher's trainors' training, skills training for entrepreneur development and technology development, cost-
effective training in occupational trades and related fields of employment, and value development as an integral
component of all skills training programs.
SEC. 24. Assistance to Employers and Organizations. - The Authority shall assist any employer or organization
engaged in skills training schemes designed to attain its objectives under rules and regulations which the Authority
shall establish for this purpose.
SEC. 25. Coordination of All Skills Training Schemes. - In order to integrate the national skills development efforts,
all technical education and skills training schemes as provided for in this Act shall be coordinated with the Authority
particularly those having to do with the setting of trade skills standards. For this purpose, existing technical
education and skills training programs in the Government and in the private sector, specifically those wholly or
partly financed with government funds, shall be reported to the Authority which shall assess and evaluate such
programs to ensure their efficiency and effectiveness.
SEC. 26. Industry Boards. - The Authority shall establish effective and efficient institutional
arrangements with industry boards and such other bodies or associations to provide direct participation of
employers and workers in the design and implementation of skills development schemes, trade skills
standardization and certification and such other functions in the fulfillment of the Authority's objectives.
SEC. 27. Incentives Schemes. - The Authority shall develop and administer appropriate incentive
schemes to encourage government and private industries and institutions to provide high-quality technical
education and skills development opportunities
SEC. 28. Skills Development Opportunities. - The Authority shall design and implement an effective and efficient
delivery system for quality technical education and skills development opportunities particularly in disadvantaged
sectors, with new tools of wealth creation and with the capability to take on higher value-added gainful activities
and to share equitably in productivity gains.
SEC. 29. Devolution of TESDA's Training Function to Local Governments. - In establishing the delivery system
provided for in the preceding Section, the Authority shall formulate, implement and finance a specific plan to
develop the capability of local government units to assume ultimately the responsibility for effectively providing
community-based technical education and skills development opportunities: Provided, however, That there shall be
formulated and implemented, an effective and timely retraining of TESDA personnel that would be affected by the
devolution to ensure their being retained if the concerned local government units would not be able to absorb them.
SEC. 30. 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. The Authority, through the
TESDA Secretariat, shall promulgate the necessary rules and guidelines for the effective and efficient conduct of
Annual National Skills Olympics and for the country's participation in internationals skills
olympics.
SEC. 31. The TESDA Development Fund. - A TESDA Development Fund is hereby established, to be
managed/administered by the Authority, the income from which shall be utilized exclusively in awarding of grants
and providing assistance to training institutions, industries, local government units for upgrading their capabilities
and to develop and implement training and training-related activities. The contribution to the fund shall be the
following:
A one-time lump sum appropriation from the National Government;
An annual contribution from the Overseas Workers Welfare Administration Fund, the amount of which should be
part of the study on financing in conjunction with letter (D) of Section 34;

Donations, grants, endowments, and other bequests or gifts, and any other income generated by the Authority.

The TESDA Board shall be the administrator of the fund, and as such, shall formulate the necessary
implementing guidelines for the management of the fund, subject to the following:

a) unless otherwise stipulated by the private donor, only earnings of private contributions shall be used; and b)
no part of the seed capital of the fund, including earnings, thereof, shall be used to underwrite expenses for
administration.
 The Board shall appoint a reputable government-accredited investment institutions as fund manager, subject to
guidelines promulgated by the Board.

SEC 32. Scholarship Grants. - The authority shall adopt a system of allocation and funding of
scholarship grants which shall be responsive to the technical education and skills development needs of the
different regions in the country.
SEC 33. TESDA Budget. - The amount necessary to finance the initial implementation of this Act shall be charged
against the existing appropriations of the NMYC and the BTVE. Thereafter, such funds as may be necessary for
the continued implementation of this Act shall be included in the annual General Appropriations Act.
SEC 34. Transitory Provisions. - a) Within two (2) months after the approval of this Act, the President shall, in
consultation with the Secretary of Labor and Employment and the Secretary of Education, Culture and Sports,
appoint the private sector representatives of the TESDA Board.
Within (3) months after the appointment of the private sector representatives, the President shall, upon the
recommendation of the Board, appoint the General-Director.

Within (4) months after the appointment of the Director General, the Board shall convene to determine the
organizational structure and staffing pattern of the Authority.

Within (1) year after the organization of the Authority, the Board shall commission an expert group on funding
schemes for the TESDA Development Fund, as provided in Section 31, the results of which shall be used as the
basis for appropriate action by the Board.

The personnel of the existing National Manpower and Youth Council (NMYC) of the Department of Labor and
Employment and the Bureau of Technical and Vocational Education (BTVE) of the Department of Education,
Culture and Sports, shall, in a holdover capacity, continue to perform their respective duties and responsibilities
and receive their corresponding salaries and benefits until such time when the organizational structure and staffing
pattern of the Authority shall have been approved by the Board: Provide, That the preparation and approval of the
said new organizational structure and staffing pattern shall, as far as practicable, respect and ensure the security of
tenure and seniority rights affected government employees. Those personnel whose positions are not included in
the new staffing pattern approved by the Board or who are not reappointed or who choose to be separated as a
result of the reorganization shall be paid their separation or retirement benefits under existing laws.
SEC 35. Automatic review. - Every five (5) years, after the affectivity of this Act, an independent review panel
composed of three (3) persons appointed by the President shall review the performance of the authority and shall
make recommendations, based on its findings to the President shall review the performance of the Authority and
shall make the recommendations, based on the findings to the President and to both Houses of Congress.
SEC. 36. Implementing Rules and Guidelines. - The TESDA board shall issue, within a period of ninety (90) days
after the affectivity of this Act, the rules and regulations for the effective implementation of this Act. The TESDA
Board shall submit to the committees on Education, Arts and Culture of both Houses of Congress copies of the
implementing rules and guidelines within (30) days after its promulgation. Any violation of this Section shall render
the official/s concerned liable under R. A. No. 6713, otherwise knownas the "Code of Conduct and Ethical
Standards for Public Officials and Employees" and other existing administrative and/or criminal laws.
SEC. 37. Repealing Clause. - All laws, presidential decrees, executive orders, presidential proclamations, rules
and regulations or part thereof contrary to or inconsistent with this Act are hereby repealed or modified
accordingly.
SEC. 38. Separability Clause. - If any provision of this Act is declared unconstitutional, the same shall not affect
the validity and effectivity of the other provisions hereof.
SEC. 39. Effectivity. - This Act shall take effect fifteen (15) days after its complete publication in two (2 newspapers
of general circulation.

IMPACT TO PRE-SERVICE TEACHER

In the field of teacher training and professional development, the increasingly multifunctional roles
and responsibilities of teachers and trainers have led to new learning approaches with greater autonomy
for programme decisions and outreach to the world of work. In parallel, the need for greater involvement of
teachers and trainers in professional development decisions has become clear. Criteria for ―good‖
teachers that respond to increased expectations include strong knowledge bases and a range of teaching
competencies for enhanced teaching practice and learning outcomes.

ACT NO. 74, JANUARY 21, 1901

AN ACT ESTABLISHING A DEPARTMENT OF PUBLIC INSTRUCTION IN THE PHILIPPINE ISLANDS AND

APPROPRIATING FORTY THOUSAND DOLLARS FOR THE ORGANIZATION AND MAINTENANCE OF A
NORMAL AND A TRADE SCHOOL IN MANILA, AND FIFTEEN THOUSAND DOLLARS FOR THE
ORGANIZATION AND MAINTENANCE OF AN AGRICULTURAL SCHOOL IN THE ISLAND OF NEGROS FOR
THE YEAR NINETEEN HUNDRED AND ONE.

By authority of the President of the United States, be it enacted by the United States Philippine Commission, that:

SECTION 1. A Department of Public Instruction for the Philippine Islands is hereby established, the central office of
which shall be in the city of Manila. All primary instruction in the schools established or maintained under this Act
shall be free.

SEC. 2. All schools heretofore established in the Philippine Islands, under the auspices of the Military Government,
are hereby declared to be in the Department of Public Instruction established by section one and are made subject
to the control of the officers of this Department.

SEC. 3. The chief officer of this Department shall be denominated the General Superintendent of Public Instruction
and shall be appointed by the Commission. His annual salary shall be six thousand dollars. He shall have the
following powers and duties, to be exercised and discharged under the general supervision of the Military
Governor:

(a) He shall establish schools in even pueblo in the Archipelago, where practicable, and shall reorganize those
already established, where such reorganization is necessary.

(b) He shall appoint, in accordance with Act Numbered Twenty-five, enacted October seventeenth, nineteen
hundred, a City Superintendent of Schools for Manila, and division superintendents of schools for other parts of the
Archipelago, and the teachers and clerks authorized by law, and shall prescribe the duties of such teachers and
clerks.

(c) He shall fix the salaries of the division superintendents and teachers within the limits established by law.

(d) He shall fix a curriculum for primary, secondary, and other public schools and shall decide in what towns
secondary schools shall be established.

(e) He shall divide the Archipelago into school divisions, not more than ten in number, and shall fix the boundaries
thereof, with power to change the same when necessary, but the city of Manila and its barrios shall constitute one
of such school divisions.

(f) He shall prescribe the authority to be exercised by the principal teacher of each school over the other teachers, if
any, and his duties in caring for the schoolhouse and school property.

(g) He shall prescribe plans for the construction of schoolhouses to be built by the municipalities, the amount of
land required in each case, and rules of hygiene which shall be observed in connection with the schools of the
Archipelago.

(h) He shall make contracts for the purchase of school supplies authorized by law, and whenever practicable, he
shall invite bids by public advertisement and shall award the contract to the lowest responsible bidder.

(i) He shall have power to determine the towns in which English teachers, to be paid, out of the Insular Treasury,
shall teach. He may exercise this discretion in favor of those towns showing their loyalty to the United States by
their peaceful conditions, and in favor of those towns which shall construct and maintain suitable schoolhouses by
local taxation or contributions.

(j) In case of a vacancy in the office of a division superintendent or that of the Superintendent for Manila he shall
discharge all the duties of such position during the vacancy, or may make a temporary appointment to fill the same.

(k) He shall examine and pass upon all requisitions made for funds by division superintendents and forward them,
with his recommendation, to the Chief Executive for submission to the Commission.

(l) On or before January first and July first of each year he shall make a report of his administration for the previous
six months to the Military Governor and to the Commission, and such special reports as may from time to time be
called for by either. In the regular semi-annual reports, it shall be the duty of the superintendent to recommend
changes in the school law which he deems expedient.

(m) He shall exorcise general supervision over the entire department, and shall prepare and promulgate rules for
the examination and determination of the qualifications of applicants for positions of division superintendents and
teachers, and for the guidance of the officers and teachers of the department, adapted to carry out this law and not
inconsistent with its provisions.

SEC. 4. There shall be a superior advisory board of education composed of the General Superintendent and four
members to be appointed by the Commission. It shall be the duty of the board to hold regular meetings once in two
months, on a day to be fixed by resolution of the board, and such special meetings as shall be called by the
General Superintendent. The General Superintendent shall act as president of the board. The chief clerk of the
General Superintendent shall act as secretary of the board and keep minutes of its proceedings. It shall be the duty
of the board to assist the General Superintendent by advice and information concerning the educational needs and
conditions of the Islands; to make such investigations as the General Superintendent may desire and to make
recommendations to the Commission from time to time as to needed amendments to the law. Each of the four
members of the board, appointed by virtue of this section, shall receive as compensation ten dollars for each
regular or special meeting which he shall attend. Any member of the board who is a non-resident of Manila shall be
paid his actual and necessary expenses for travel from his residence to Manila and his return and hotel expenses,
requisitions for the amount required to pay such compensation and expenses shall be made by the General
Superintendent. The terms of office of the members of such board appointed under this section shall be for three
years or until their successors are appointed and qualified.

SEC. 5. There shall be a City Superintendent of Schools in the city of Manila who shall receive an annual salary of
three thousand dollars.

SEC. 6. In each school division established by the General Superintendent of Public Instruction, there shall be a
division superintendent who shall receive an annual salary of not less than two thousand dollars and not more than
twenty-five hundred dollars.

SEC. 7. The actual expenses of the General Superintendent and the division superintendents while traveling or
absent from their usual places of residence on official business shall be paid out of the Insular Treasury.

SEC. 8. Except where otherwise provided, provisions of this act describing the duties and powers of division
superintendents shall apply to the City Superintendent for Manila.
SEC. 9. Each division superintendent shall, subject to rules prescribed by the General Superintendent, under
section three (m), appoint the native school teachers to serve in the schools within his district and shall fix their
salaries from year to year within the limits prescribed by law. He shall examine the schoolhouses occupied for
public instruction within his division with a view to determining their suitableness and hygienic condition. Should the
schoolhouse in which any school is conducted appear to the division superintendent to be unsuitable and
dangerous for the health of the children, and should no other schoolhouse be available, he shall have power,
subject to the approval of the General Superintendent, to discontinue such school, and it shall be unlawful
thereafter to use the schoolhouse thus condemned for public school purposes. He shall pass upon and accept or
reject or modify the plans for any new schoolhouse, proposed by the local authorities to be erected, and for the
proposed site thereof, and shall make report of his action thereon to the General Superintendent of Public
Instruction. If the local authorities or the local school board shall be dissatisfied with the decision of the division
superintendent as to the suitableness of the plans or site of the proposed schoolhouse they may appeal to the
General Superintendent, whose decision shall he final. He shall make careful investigations into the agricultural
conditions existing in his division and shall make report thereon to the General Superintendent of Public Instruction,
with a view to aiding the General Superintendent in making recommendations as to the places and number of the
agricultural schools hereafter to be established. He shall see to it by personal visits and by requiring reports from
the principal teachers of each school that the curriculum for primary and secondary schools prescribed by the
General Superintendent of Public Instruction is complied with. He shall make himself familiar with the supplies and
text books needed in each school in his division, and shall make report of the same at as early a date as possible,
in order that they may he contracted for and furnished by the General Superintendent, he shall appoint one-half of
the local school board in each pueblo in his division, as provided in section ten. He shall have and maintain his
residence and an office in one of the large towns in his division, from which all the pueblos in his district can he
most conveniently reached.

SEC. 10. There shall be established in each municipality organized under any General Order of the Military
Governor or under such municipal code as may be hereafter enacted a local school board, consisting of four or six
members, as the division superintendent may determine, in addition to the president or alcalde of the municipality,
who shall be a member ex officio. One half of the members, except the member ex officio, shall be elected by the
municipal council, and the remaining half shall be appointed by the division superintendent, and the term of office of
all members, holding by appointment or election, shall be two years and until their successors shall have been duly
elected or appointed.

SEC. 11. The appointed or elected members of the local school board, may, after due notice and hearing, be
removed at any time by the division superintendent, subject to the approval of the General Superintendent of Public
Instruction, who shall have power to suspend such members temporarily.

SEC. 12. It shall be the power and duty of the local school board:

(a) To visit from time to time the schools of the pueblo and to report bi-monthly to the division superintendent their
condition and the attendance of pupils.

(b) To recommend sites and plans to the municipal council for schoolhouses to be erected.

(c) Where there are two or more schools in the pueblo, to adopt rules, subject to the supervision of the division
superintendent, for assigning the pupils of the pueblo to the several schools.

(d) To report annually to the municipal council the amount of money which should be raised for the current year by
local taxation for school purposes.

(e) To report, whenever it shall deem necessary, directly to the General Superintendent as to the condition of the
schools of the pueblo and to make suggestions in respect thereto as may seem to it expedient.

SEC. 13. Every pueblo shall constitute a school district and it shall be the duty of the municipal council thereof to
make as ample provision as possible by local taxation for the support of all the schools established within its
jurisdiction. In exceptional cases, where the topography of the country or the difficulty of communication between
parts of the same pueblo require it, the division superintendent may attach a part of one pueblo to the school
district of another and shall, in such case, fix the amount which it will be just for the municipal council of the former
to contribute to the annual school expense of the latter.

SEC. 14. The English language shall, as soon as practicable, be made the basis of all public school instruction, and
soldiers may be detailed as instructors until such time as they may be replaced by trained teachers.

SEC. 15. Authority is hereby given to the General Superintendent of Public Instruction to obtain from the United
States one thousand trained teachers at monthly salaries of not less than seventy-five dollars and not more than
one hundred and twenty-five dollars, the exact salary of each teacher to be fixed by the General Superintendent of
Public Instruction in accordance with the efficiency of the teacher in question and the importance of the position
held. The necessary traveling expenses of such teachers from their places of residence to Manila shall be paid by
the Government.

SEC. 16. No teacher or other person shall teach or criticise the doctrines of any church, religious sect, or
denomination, or shall attempt to influence the pupils for or against any church or religious sect in any public school
established under this Act. If any teacher shall intentionally violate this section he or she shall, after due hearing, be
dismissed from the public service.

Provided, however, That it shall be lawful for the priest or minister of any church established in the pueblo where a
public school is situated, either in person or by a designated teacher of religion, to teach religion for one half an
hour three times a week in the school building to those public school pupils whose parents or guardians desire it
and express their desire therefor in writing filed with the principal teacher of the school, to be forwarded to the
division superintendent, who shall fix the hours and rooms for such teaching. But no public school teachers shall
either conduct religious exercises or teach religion or act as a designated religious teacher in the school building
under the foregoing authority, and no pupil shall be required by any public school teacher to attend and receive the
religious instruction herein permitted. Should the opportunity thus given to teach religion be used by the priest,
minister, or religious teacher for the purpose of arousing disloyally to the United States, or of discouraging the
attendance of pupils at such public school, of creating a disturbance of public order, or of interfering with the
discipline of the school, the division superintendent, subject to the approval of the General Superintendent of Public
Instruction, may, after due investigation and hearing, forbid such offending priest, minister, or religious teacher from
entering the public school building thereafter.

SEC. 17. There shall be established and maintained in the city of Manila a Normal School for the education of
natives of the Islands in the science of teaching. The rules and plan for the organization and conduct of such school
and the qualifications of pupils entering the same, shall be determined by the General Superintendent of Public
Instruction.

SEC. 18. There shall be established and maintained in the city of Manila a Trade School for the instruction of
natives of the Islands in the useful trades. The powers and duties of the General Superintendent in respect to this
school shall be the same as those provided in the section in respect to the Normal School.
SEC. 19. There shall be established and maintained a School of Agriculture in the Island of Negros. The superior
advisory school board shall recommend to the Commission for final, determination a proper site for such school.
The powers and duties of the General Superintendent in respect to this school shall be the same as those provided
in the section concerning the Normal School.

SEC 20. The General Superintendent of Public Instruction is authorized and directed, under the supervision of the
Military Governor, to procure the making of plans and estimates for the creation of such school buildings as he may
deem necessary and practicable at the present time, including a building or buildings for the Normal School in
Manila and a building or buildings for the Trade School directed to be established in sections seventeen and
eighteen hereof. The estimated cost of such buildings and their proper equipment shall not exceed four hundred
thousand dollars. Such plans and estimates shall be submitted to the Commission.

SEC. 21. The General Superintendent of Public Instruction is directed to prepare and submit to the Commission
through the Military Governor a statement showing the text books and other supplies which will be needed for the
year nineteen hundred and one, the estimated cost of which.shall not exceed the sum of two hundred and twenty
thousand dollars.

SEC. 22. The sum of twenty-five thousand dollars, or so much thereof as may be necessary, is hereby
appropriated out of any funds in the Insular Treasury not otherwise appropriated for the organization and
maintenance of the Normal School in Manila for the year nineteen hundred and one.

SEC. 23. The sum of fifteen thousand dollars, or so much thereof as may be necessary, is hereby appropriated out
of any funds in the Insular Treasury not otherwise appropriated, for the organization and maintenance of the Trade
School in Manila for the year nineteen hundred and one.

SEC. 24. The sum of fifteen thousand dollars, or so much thereof as may be necessary, is hereby appropriated, out
of any funds in the Insular Treasury not otherwise appropriated, for the organization and maintenance of the School
of Agriculture for the year nineteen hundred and one.

SEC. 25. Nothing in this Act shall be construed in any way to forbid, impede, or obstruct the establishment and
maintenance of private schools.

SEC. 26. Whenever sums of money are mentioned in this Act they shall be understood to be money of the United
States.

SEC. 27. This Act shall take effect on its passage.

IMPACT TO PRE-SERVICE TEACHER

In March, 1900, the second Philippine Commission which was the legislative body during
the early decades of American rule passed Act No. 74,3 This Act provided the creation of a
department of public instruction which would supervise and control all the schools that had already
been established and also the prohibition of the teaching of religious subjects in public schools.
Subsequently, several amendments were made to the school organic law in order to make provisions
for an expanding educational system and to make public elementary instruction free to Filipino
children. The latter amendment resulted, inevitably, in the considerable increase in the number of
elementary schools throughout the archipelago.
 REPUBLIC ACT NO. 476

AN ACT FOR THE PURPOSE OF CONVERTING THE PRESENT PHILIPPINE NORMAL SCHOOL INTO THE
PHILIPPINE NORMAL COLLEGE, CONFERRING THE DEGREES OF BACHELOR OF SCIENCE IN
ELEMENTARY EDUCATION AND MASTER OF ARTS IN EDUCATION, PROVIDING FOR A BOARD OF
TRUSTEES, DEFINING THE BOARD’S RESPONSIBILITIES AND DUTIES, PROVIDING PROFESSIONAL AND
TECHNICAL INSTRUCTION, AND FOR OTHER PURPOSES

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

SECTION 1. The present Philippine Normal School, located in the City of Manila, Philippines, is hereby converted
into the Philippine Normal College, which will offer not only its present two-year general and three-year combined
curricula but also a four-year and a five-year courses leading to the degrees of Bachelor of Science in Elementary
Education and Master of Arts in Education, respectively.

SECTION 2. The purpose of the said college shall be to provide professional, technical, and special instruction, for
special purposes and progressive leadership in the field of elementary education.
 SECTION 3. The head of this institution shall be known as the President of the Philippine Normal College. He shall
be appointed by the President of the Philippines upon the recommendation of the Board of Trustees. The powers
and duties of the President of the College, in addition to those specifically provided for in this Act, shall be those
usually pertaining to the office of the president of a college.

SECTION 4. The government of said college is hereby vested in a Board of Trustees of the Philippine Normal
College. The Board of Trustees shall be composed of the Secretary of Education, who shall be ex-officio Chairman
of the Board, the Chairman of the Committee on Education of the Senate, the Chairman of the Committee on
Education of the House of Representatives, the Director of Public Schools, the President of the College, and the
President of the Philippine Normal School Alumni Association.

Members of the Board shall serve without compensation, other than actual and necessary expenses incurred
either in attendance upon meetings of the Board or upon other official business authorized by resolution of the
Board.

SECTION 5. The Board of Trustees shall have the following powers and duties, in addition to its general powers of
administration:

(a) To receive and appropriate to the ends specified by law such sums as may be provided by law for the
support of the College;
(b) To confer the degrees of Bachelor of Science in Elementary Education and Master of Arts in Education to
successful candidates for graduation;
(c) To appoint, on the recommendation of the President of the College, instructors, professors, lecturers, and
other employees of the College; to fix their compensation, hours of service and such other duties and
conditions as it may deem proper; to grant to them, in its discretion, leave of absence under such
regulations as it may promulgate, any other provisions of law notwithstanding, and to remove them for
cause after an investigation and hearing shall have been had;
(d) To approve the curricula and rules of discipline drawn up by the College Council as hereinafter provided;
(e) To fix the tuition fees required of students, as well as matriculation fees, graduation fees and fees for
laboratory courses, and all special fees, and to remit the same in special cases;
(f) To provide fellowships for faculty members and scholarships to students showing special evidence of
merit;
(g) To provide rules for its own government, and to enact for the government of the College such general
ordinances and regulations, not contrary to law, as are consistent with the purposes of the College, as
defined in section two of this Act;
(h) To receive in trust legacies, gifts, and donations of real and personal property of all kinds and to
administer the same for the benefit of the College or for aid to any students, in accordance with the
directions and instructions of the donor, and, in default thereof, in such manner as the Board of Trustees
may in its discretion determine.

(i) SECTION 6. A quorum of the Board of Trustees shall consist of a majority of all the members. All
process against the Board of Trustees shall be served on the president or secretary thereof.
(j) SECTION 7. On or before the fifteenth of June of each year, the Board of Trustees shall file with the
President of the Philippines a detailed report, selling forth the progress, conditions, and needs of the
College.

(k) SECTION 8. There shall be a College Council consisting of the President of the College and of all
instructors and professors of the College. The Council shall have the power to prescribe the curricula
and rules of discipline, subject to the approval of the Board of Trustees. It shall fix the requirements
for admission to the College, as well as for graduation and the receiving of a degree. The Council
alone shall have the power to recommend students or others to be recipients of degrees. Through its
president or committee, it shall have disciplinary power over the students within the limits prescribed
by the rules of discipline approved by the Board of Trustees.

(l) SECTION 9. The body of instructors and professors of the College shall constitute the faculty of the
college, with the President of the College as the presiding officer. In the appointment of professors or
instructors of the College, no religious test shall be applied, nor shall the religious opinions or
affiliations of the faculty of the College be made a matter of examination or
inquiry: Provided, However, That no instructor or professor in the College shall inculcate sectarian
tenets in any of the teachings, nor attempt either directly or indirectly, under penalty of dismissal by
the Board of Trustees, to influence students or attendants at the College for or against any particular
church or religious sect.

(m) SECTION 10. Professors and other regular instructors in the College shall be exempt as such from any
civil service examinations or regulations as a requisite to appointment.

(n) SECTION 11. There shall be a secretary of the College, appointed by the Board of Trustees. He shall
be the secretary of such Board and also of the College, and shall keep such records of the college as
may be designated by the Board.

(o) SECTION 12. Heads of bureaus or offices of the National Government are hereby authorized to loan or
transfer, upon request of the President of the College, such apparatus or supplies as may be needed
by the College, and to detail employees for duty therein, when in the judgment of the head of the
bureau or office such supplies or employees can be spared without serious detriment to the public
service.

(p) SECTION 13. The President of the College, with the cooperation of the Superintendent of City Schools
of Manila, may use one or more of the elementary schools in the City of Manila, as training or
laboratory schools of the College.
(q) SECTION 14. In order not to interrupt the smooth functioning of the two-year general curriculum and the
three-year combined curriculum of the Philippine Normal School, the faculty of the school, consisting
of the instructors and critic teachers, as well as the other personnel, shall be absorbed by the new
College. Salaries of this personnel shall be adjusted at the discretion of the Board of Trustees within
the amount available for appropriation.

(r) SECTION 15. For carrying out the purposes and provinces of this Act, the sum of seven hundred fifty
thousand pesos is hereby appropriated from any funds in the National Treasury not otherwise
appropriated for the fiscal year 1949-1950.

(s) The sum herein appropriated shall not be released except upon the certification of the Secretary of
Finance and the Auditor General as to the availability of funds in excess of those necessary for the
operation of the Government as provided in the annual General Appropriation Act for the fiscal year
1949-1950.

(t) SECTION 16. This Act shall take effect on July 1, 1949.

IMPACT TO PRE-SERVICE TEACHER

With the enactment of the law Section 9 tells that the body of instructors and professors of the
college shall constitute the faculty of the college, with the president of the college as the presiding officer.
in the appointment of professors or instructors of the college, no religious test shall be applied, nor shall
the religious opinions or affiliations of the faculty of the college be made a matter of examination or
inquiry: Provided, however, that no instructor or professor in the college shall inculcate sectarian tenets in
any of the teachings, nor attempt either directly or indirectly, under penalty of dismissal by the board of
trustees, to influence students or attendants at the college for or against any particular church or religious
sect. Also, Section 10 states that professors and other regular instructors in the college shall be exempt
as such from any civil service examinations or regulations as a requisite to appointment.
 REPUBLIC ACT NO. 6655 - Free Public Secondary Education Act of 1988

"AN ACT ESTABLISHING AND PROVIDING FOR A FREE PUBLIC SECONDARY EDUCATION"

Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembled:
Section 1. Title. This Act shall be known as the "Free Public Secondary Education Act of 1988."
Sec. 2. Declaration of Policy. It is the policy of the State to provide for a free public secondary education to all
qualified citizens and to promote quality education at all levels.
Sec. 3. Definitions. For purposes of this Act, the following terms shall mean:
a) Free Public Secondary Education. Means that the students enrolled in secondary course offerings in national
high schools, general comprehensive high schools, trade, technical, vocational, fishery and agricultural schools,
and in schools established, administered, maintained and funded by local government units, including city,
provincial municipal and barangay high schools, and those public high schools which may be established by law,
shall be free from payment of tuition and other schools fees;
b) Tuition Fee. Refers to the fee representing direct costs of instruction, training and other related activities and for
the students' use of the instruction and training facilities;
c) Other School Fees. Refer to those fees which cover the other necessary costs supportive of instruction, including
but not limited to medical and dental, athletic, library, laboratory and Citizens Army Training (CAT) fees.
However, fees elated to membership in the school community such as identification cards, student organizations
and publications may be collected, provided that nonpayment to these fees shall not in any case be a bar to the
enrollment or graduation of any student. li
Sec. 4. Implementation of Free Public Secondary Education. The system of free public secondary education as
provided in this Act shall commence in School Year 1988-1989, and that the students enrolled in secondary course
offerings in national and general comprehensive high schools, state colleges and universities, specialized schools,
trade, technical, vocational, fishery and agricultural schools and in schools which may be established by law, shall
be free from payment of tuition and other school fees, except fees related to membership in the school community
such as identification cards, student organizations and publication which may be collected: provided, that nothing in
this Act shall cause or authorize the reduction or removal of any benefit which the national or local government may
have granted to the students, teachers and other school personnel of these public high schools prior to the
enactment of this Act.
Sec. 5. Formulation of a Secondary Education Curriculum. The Department of Education, Culture and Sports
shall formulate a secondary education curriculum in order to upgrade its quality, efficiency and access. In addition
to providing the high school students with general skills, knowledge and values, such a curriculum must include
vocational and technical courses that will give the students gainful employment.
Sec. 6. Limitation. The right of any student to avail of free public high school shall terminate if he fails for two (2)
consecutive school years in the majority of the academic subjects in which he is enrolled during the course of his
study unless such failure is due to some valid cause.
Sec. 7. Nationalization of Public Secondary Schools. To effectively implement the system, the establishment,
renaming, conversion, integration, separation, administration, supervision and control of all public secondary
schools and public secondary school teachers and other school personnel, including the payment of their salaries
allowances and other fringe benefits as well as those already provided by local governments are hereby vested in
the Department of Education, Culture and Sports.
Sec. 8. Priority in Admission. Graduates of public elementary schools in a municipality shall be given priority in
admission when the present facilities in the same municipality cannot accommodate all of those applying for
enrollment in the public high schools.
Sec. 9. Implementing Rules and Regulations. The Secretary of Education, Culture and Sports shall issue the
necessary rules and regulations to implement this Act.
Sec. 10. Funding. The President is hereby authorized to realign or transfer any item of appropriation within the
Department of Education, Culture and Sports. and/or utilize any savings therein to carry out the purposes of this
Act. Whatever additional amount as may be needed for its implementation shall be included in the General
Appropriations Acts for the ensuing fiscal years.
Sec. 11. 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.
Sec. 12. Effectivity. This Act shall take effect upon its approval.

IMPACT TO PRE-SERVICE TEACHER

RA 6655 tells about the policy of the State to provide for a free public secondary education to all
qualified citizens and to promote quality education at all levels. The significance of this act is that it gives
 PRESIDENTIAL DECREE NO. 603 - THE CHILD AND YOUTH WELFARE CODE

TITLE I.
GENERAL PRINCIPLES

Article 1. Declaration of Policy. - The Child is one of the most important assets of the nation. Every effort should be
exerted to promote his welfare and enhance his opportunities for a useful and happy life.
The child is not a mere creature of the State. Hence, his individual traits and aptitudes should be cultivated to the
utmost insofar as they do not conflict with the general welfare.
The molding of the character of the child start at the home. Consequently, every member of the family should strive
to make the home a wholesome and harmonious place as its atmosphere and conditions will greatly influence the
child's development.
Attachment to the home and strong family ties should be encouraged but not to the extent of making the home
isolated and exclusive and unconcerned with the interests of the community and the country.
The natural right and duty of parents in the rearing of the child for civic efficiency should receive the aid and support
of the government.
Other institutions, like the school, the church, the guild, and the community in general, should assist the home and
the State in the endeavor to prepare the child for the responsibilities of adulthood.
Art. 2. Title and Scope of Code. - The Code shall be known as the "Child and Youth Welfare Code". It shall apply to
persons below twenty-one years of age except those emancipated in accordance with
law. "Child" or "minor" or "youth" as used in this Code, shall refer to such persons.
Art. 3. Rights of the Child. - All children shall be entitled to the rights herein set forth without distinction as to
legitimacy or illegitimacy, sex, social status, religion, political antecedents, and other factors.
(1) Every child is endowed with the dignity and worth of a human being from the moment of his conception, as
generally accepted in medical parlance, and has, therefore, the right to be born well.
(2) Every child has the right to a wholesome family life that will provide him with love, care and understanding,
guidance and counseling, and moral and material security
The dependent or abandoned child shall be provided with the nearest substitute for a home.
(3) Every child has the right to a well-rounded development of his personality to the end that he may become a
happy, useful and active member of society.
The gifted child shall be given opportunity and encouragement to develop his special talents.
The emotionally disturbed or socially maladjusted child shall be treated with sympathy and understanding, and shall
be entitled to treatment and competent care.
The physically or mentally handicapped child shall be given the treatment, education and care required by his
particular condition.
(4) Every child has the right to a balanced diet, adequate clothing, sufficient shelter, proper medical attention, and
all the basic physical requirements of a healthy and vigorous life.
(5) Every child has the right to be brought up in an atmosphere of morality and rectitude for the enrichment and the
strengthening of his character.
(6) Every child has the right to an education commensurate with his abilities and to the development of his skills for
the improvement of his capacity for service to himself and to his fellowmen.
(7) Every child has the right to full opportunities for safe and wholesome recreation and activities, individual as well
as social, for the wholesome use of his leisure hours.
(8) Every child has the right to protection against exploitation, improper influences, hazards, and other conditions or
circumstances prejudicial to his physical, mental, emotional, social and moral development.
(9) Every child has the right to live in a community and a society that can offer him an environment free from
pernicious influences and conducive to the promotion of his health and the cultivation of his desirable traits and
attributes.
(10) Every child has the right to the care, assistance, and protection of the State, particularly when his parents or
guardians fail or are unable to provide him with his fundamental needs for growth, development, and improvement.
(11) Every child has the right to an efficient and honest government that will deepen his faith in democracy and
inspire him with the morality of the constituted authorities both in their public and private lives.
(12) Every child has the right to grow up as a free individual, in an atmosphere of peace, understanding, tolerance,
and universal brotherhood, and with the determination to contribute his share in the building of a better world.
Art. 4. Responsibilities of the Child. - Every child, regardless of the circumstances of his birth, sex, religion, social
status, political antecedents and other factors shall:
(1) Strive to lead an upright and virtuous life in accordance with the tenets of his religion, the teachings of his elders
and mentors, and the biddings of a clean conscience;
(2) Love, respect and obey his parents, and cooperate with them in the strengthening of the family;
(3) Extend to his brothers and sisters his love, thoughtfulness, and helpfulness, and endeavor with them to keep
the family harmonious and united;
(4) Exert his utmost to develop his potentialities for service, particularly by undergoing a formal education suited to
his abilities, in order that he may become an asset to himself and to society;
(5) Respect not only his elders but also the customs and traditions of our people, the memory of our heroes, the
duly constituted authorities, the laws of our country, and the principles and institutions of democracy;
(6) Participate actively in civic affairs and in the promotion of the general welfare, always bearing in mind that it is
the youth who will eventually be called upon to discharge the responsibility of leadership in shaping the nation's
future; and
(7) Help in the observance of individual human rights, the strengthening of freedom everywhere, the fostering of
cooperation among nations in the pursuit of their common aspirations for programs and prosperity, and the
furtherance of world peace.
Art. 5. Commencement of Civil Personality. - The civil personality of the child shall commence from the time of his
conception, for all purposes favorable to him, subject to the requirements of Article 41 of the Civil Code.
Art. 6. Abortion. - The abortion of a conceived child, whether such act be intentional or not, shall be governed by
the pertinent provisions of the Revised Penal Code.
Art. 7. Non-disclosure of Birth Records. - The records of a person's birth shall be kept strictly confidential and no
information relating thereto shall be issued except on the request of any of the following:
(1) The person himself, or any person authorized by him;
(2) His spouse, his parent or parents, his direct descendants, or the guardian or institution legally in-charge of him if
he is a minor;
(3) The court or proper public official whenever absolutely necessary in administrative, judicial or other official
proceedings to determine the identity of the child's parents or other circumstances surrounding his birth; and
(4) In case of the person's death, the nearest of kin.
Any person violating the prohibition shall suffer the penalty of imprisonment of at least two months or a fine in an
amount not exceeding five hundred pesos, or both, in the discretion of the court.
Art. 8. Child's Welfare Paramount. - In all questions regarding the care, custody, education and property of the
child, his welfare shall be the paramount consideration.
Art. 9. Levels of Growth. - The child shall be given adequate care, assistance and guidance through his various
levels of growth, from infancy to early and later childhood, to puberty and adolescence, and when necessary even
after he shall have attained age 21.chanrobles virtual law library
Art. 10. Phases of Development. - The child shall enjoy special protection and shall be given opportunities and
facilities, by law and by other means, to ensure and enable his fullest development physically, mentally,
emotionally, morally, spiritually and socially in a healthy and normal manner and in conditions of freedom and
dignity appropriate to the corresponding developmental stage.
Art. 11. Promotion of Health. - The promotion of the Child's health shall begin with adequate pre-natal and post-
natal care both for him and his mother. All appropriate measures shall be taken to insure his normal total
development.
It shall be the responsibility of the health, welfare, and educational entities to assist the parents in looking after the
health of the child.
Art. 12. Education. - The schools and other entities engaged in non-formal education shall assist the parents in
providing the best education for the child.
Art. 13. Social and Emotional Growth. - Steps shall be taken to insure the child's healthy social and emotional
growth. These shall be undertaken by the home in collaboration with the schools and other agencies engaged in
the promotion of child welfare.
Art. 14. Morality. - High moral principles should be instilled in the child, particularly in the home, the school, and the
church to which he belongs.
Art. 15. Spiritual Values. - The promotion of the child's spiritual well-being according to the precepts of his religion
should, as much as possible, be encouraged by the State.
Art. 16. Civic Conscience. - The civic conscience of the child shall not be overlooked. He shall be brought up in an
atmosphere of universal understanding, tolerance, friendship, and helpfulness and in full consciousness of his
responsibilities as a member of society.

TITLE II
CHILD AND YOUTH WELFARE AND THE HOME
Chapter 1
PARENTAL AUTHORITY
Section A. In General

Art. 17. Joint Parental Authority. - The father and mother shall exercise jointly just and reasonable parental
authority and responsibility over their legitimate or adopted children. In case of disagreement, the father's decision
shall prevail unless there is a judicial order to the contrary.
In case of the absence or death of either parent, the present or surviving parent shall continue to exercise parental
authority over such children, unless in case of the surviving parent's remarriage, the court, for justifiable reasons,
appoints another person as guardian.
In case of separation of his parents, no child under five years of age shall be separated from his mother unless the
court finds compelling reasons to do so.
Art. 18. Grandparents. - Grandparents shall be consulted on important family questions but they shall not interfere
in the exercise of parental authority by the parents.
Art. 19. Absence or Death of Parents. - Grandparents and in their default, the oldest brother or sister who is at least
eighteen years of age, or the relative who has actual custody of the child, shall exercise parental authority in case
of absence or death of both parents, unless a guardian has been appointed in accordance with the succeeding
provision.
Art. 20. Guardian. - The court may, upon the death of the parents and in the cases mentioned in Arts. 328 to 332 of
the Civil Code, appoint a guardian for the person and property of the child, on petition of any relative or friend of the
family or the Department of Social Welfare.
Art. 21. Dependent, Abandoned or Neglected Child. - The dependent, abandoned or neglected child shall be under
the parental authority of a suitable or accredited person or institution that is caring for him as provided for under the
four preceding articles, after the child has been declared abandoned by either the court or the Department of Social
Welfare.
Art. 22. Transfer to the Department of Social Welfare. - The dependent, abandoned or neglected child may be
transferred to the care of the Department of Social Welfare or a duly licensed child-caring institution or individual in
accordance with Articles 142 and 154 of this Code, or upon the request of the person or institution exercising
parental authority over him.
From the time of such transfer, the Department of Social Welfare or the duly licensed child-caring institution or
individual shall be considered the guardian of the child for all intents and purposes.
Art. 23. Case Study. - It shall be the duty of the Department of Social Welfare to make a case study of every child
who is the subject of guardianship or custody proceedings and to submit its report and recommendations on the
matter to the court for its guidance.
Art. 24. Intervention of Department of Social Welfare. - The Department of Social Welfare shall intervene on behalf
of the child if it finds, after its case study, that the petition for guardianship or custody should be denied.
Art. 25. Hearings Confidential. - The hearing on guardianship and custody proceedings may, at the discretion of the
court, be closed to the public and the records thereof shall not be released without its approval.
Art. 26. Repealing Clause. - All provisions of the Civil Code on parental authority which are not inconsistent with the
provisions of this Chapter shall remain in force: Provided, That Articles 334 up to 348 inclusive on Adoption, are
hereby expressly repealed and replaced by Section B of this Chapter.
Section. B. Adoption
Art. 27. Who May Adopt. - Any person of age and in full possession of his civil rights may adopt: Provided, that he
is in a position to support and care for his legitimate, legitimated, acknowledged natural children, or natural children
by legal fiction, or other illegitimate children, in keeping with the means, both material and otherwise, of the family.
In all cases of adoption the adopter must be at least fifteen years older than the person to be adopted.
Art. 28. Who May Not Adopt. - The following persons may not adopt:
(1) A married person without the written consent of the spouse;
(2) The guardian with respect to the ward prior to final approval of his accounts;
(3) Any person who has been convicted of a crime involving moral turpitude;
(4) An alien who is disqualified to adopt according to the laws of his own country or one with whose government the
Republic of the Philippines has broken diplomatic relations.
Art. 29. Adoption by Husband and Wife. - Husband and Wife may jointly adopt. In such case, parental authority
shall be exercised as if the child were their own by nature.
Art. 30. Who May Not Be Adopted. - The following may not be adopted:
(1) A married person, without the written consent of the spouse;
(2) An alien with whose government the Republic of the Philippines has broken diplomatic relations;
(3) A person who has already been adopted unless the adoption has been previously revoked or rescinded in
accordance with this Chapter.
Art. 31. Whose Consent is Necessary. - The written consent of the following to the adoption shall be necessary:
(1) The person to be adopted, if fourteen years of age or over;
(2) The natural parents of the child or his legal guardian of the Department of Social Welfare or any duly licensed
child placement agency under whose care the child may be;
(3) The natural children, fourteen years and above, of the adopting parents.
Art. 32. Hurried Decisions. - In all proceedings for adoption, steps should be taken by the court to prevent the
natural parents from making hurried decisions caused by strain or anxiety to give up the child, and to ascertain, that
all measures to strengthen the family have been exhausted and that any prolonged stay of the child in his own
home will be inimical to his welfare and interest.
Art. 33. Case Study. - No petition for adoption shall be granted unless the Department of Social Welfare, or the
Social Work and Counselling Division, in case of Juvenile and Domestic Relations Courts, has made a case study
of the child to be adopted, his natural parents as well as the prospective adopting parents, and has submitted its
report and recommendations on the matter to the court hearing such petition. The Department of Social Welfare
shall intervene on behalf of the child if it finds, after such case study, that the petition should be denied.
Art. 34. Procedure. - The proceedings for adoption shall be governed by the Rules of Court in so far as they are not
in conflict with this Chapter.
Art. 35. Trial Custody. - No petition for adoption shall be finally granted unless and until the adopting parents are
given by the court a supervised trial custody period of at least six months to assess their adjustment and emotional
readiness for the legal union. During the period of trial custody parental authority shall be vested in the adopting
parents.
The court may, upon its own motion or on motion of the petitioner, reduce or dispense with the trial period if it finds
that it is to the best interest of the child. In such case, the court shall state its reasons for reducing said period.
Art. 36. Decree of Adoption. - If, after considering the report of the Department of Social Welfare or duly licensed
child placement agency and the evidence submitted before it, the court is satisfied that the petitioner is qualified to
maintain, care for, and educated the child, that the trial custody period has been completed, and that the best
interests of the child will be promoted by the adoption, a decree of adoption shall be entered, which shall be
effective as of the date the original petition was filed. The decree shall state the name by which the child is
thenceforth to be known.
Art. 37. Civil Registry Record. - The adoption shall be recorded in the local civil register and shall be annotated on
the record of birth, and the same shall entitle the adopted person to the issuance of an amended certificate of birth.
Art. 38. Confidential Nature of Proceedings and Records. - All hearings in adoption cases shall be confidential and
shall not be open to the public. All records, books and papers relating to the adoption cases in the files of the court,
of the Department of Social Welfare, and of any other agency or institution participating in the adoption
proceedings, shall be kept strictly confidential.
Subject to the provisions of Article 7, in any case in which information from such records, books and papers is
needed, the person or agency requesting the release of the information may file a petition to the court which
entered the decree of adoption for its release. If the court finds that the disclosure of the information is necessary
for purposes connected with or arising out of the adoption and will be for the best interests of the child, the court
may permit the necessary information to be released, restricting the purposes for which it may be used.
Art. 39. Effects of Adoption. - The adoption shall:
(1) Give to the adopted person the same rights and duties as if he were a legitimate child of the adopter: Provided,
that an adopted child cannot acquire Philippine citizenship by virtue of such adoption:
(2) Dissolve the authority vested in the natural parent or parents, except where the adopter is the spouse of the
surviving natural parent;
(3) Entitle the adopted person to use the adopter's surname; and
(4) Make the adopted person a legal heir of the adopter: Provided, That if the adopter is survived by legitimate
parents or ascendants and by an adopted person, the latter shall not have more successional rights than an
acknowledged natural child: Provided, further, That any property received gratuitously by the adopted from the
adopter shall revert to the adopter should the former predecease the latter without legitimate issue unless the
adopted has, during his lifetime, alienated such property: Provided, finally, That in the last case, should the adopted
leave no property other than that received from the adopter, and he is survived by illegitimate issue or a spouse,
such illegitimate issue collectively or the spouse shall receive one-fourth of such property; if the adopted is survived
by illegitimate issue and a spouse, then the former collectively shall receive one-fourth and the latter also one-
fourth, the rest in any case reverting to the adopter, observing in the case of the illegitimate issue the proportion
provided for in Article 895 of the Civil Code.
The adopter shall not be a legal heir of the adopted person, whose parents by nature shall inherit from him, except
that if the latter are both dead, the adopting parent or parents take the place of the natural parents in the line of
succession, whether testate or interstate.
Art. 40. Rescission by Adopted. - The adopted person or the Department of Social Welfare or any duly licensed
child placement agency if the adopted is still a minor or otherwise incapacitated, may ask for the rescission of the
adoption on the same grounds that cause the loss of parental authority under the Civil Code.
Art. 41. Revocation by Adopter. - The adopter may petition the court for the revocation of the adoption in any of
these cases:
(1) If the adopted person has attempted against the life of the adopter and/or his spouse;
(2) When the adopted minor has abandoned the home of the adopter for more than three years and efforts have
been exhausted to locate the minor within the stated period;
(3) When by other acts the adopted person has definitely repudiated the adoption
Art. 42. Effects of Rescission or Revocation. - Where the adopted minor has not reached the age of majority at the
time of the revocation or rescission referred to in the next preceding articles, the court in the same proceeding shall
determine whether he should be returned to the parental authority of his natural parents or remitted to the
Department of Social Welfare or any duly licensed child placement agency or whether a guardian over his person
and property should be appointed.
Where the adopted child has reached the age of majority, the revocation or rescission, if and when granted by the
court, shall release him from all obligations to his adopting parents and shall extinguish all his rights against them:
Provided, That if the said adopted person is physically or mentally handicapped as to need a guardian over his
person or property, or both, the court may appoint a guardian in accordance with the provisions of existing law.
In all cases of revocation or rescission, the adopted shall lose the right to continue using the adopter's surname and
the court shall order the amendment of the records in the Civil Register in accordance with its decision.

RIGHTS OF PARENTS

Art. 43. Primary Right of Parents. - The parents shall have the right to the company of their children and, in relation
to all other persons or institutions dealing with the child's development, the primary right and obligation to provide
for their upbringing.
Art. 44. Rights Under the Civil Code. - Parents shall continue to exercise the rights mentioned in Articles 316 to 326
of the Civil Code over the person and property of the child.
Art. 45. Right to Discipline Child. - Parents have the right to discipline the child as may be necessary for the
formation of his good character, and may therefore require from him obedience to just and reasonable rules,
suggestions and admonitions.

Chapter 3
DUTIES OF PARENTS

Art. 46. General Duties. - Parents shall have the following general duties toward their children:
(1) To give him affection, companionship and understanding;
(2) To extend to him the benefits of moral guidance, self-discipline and religious instruction;
(3) To supervise his activities, including his recreation;
(4) To inculcate in him the value of industry, thrift and self-reliance;
(5) To stimulate his interest in civic affairs, teach him the duties of citizenship, and develop his commitment to his
country;
(6) To advise him properly on any matter affecting his development and
well-being;
(7) To always set a good example;
(8) To provide him with adequate support, as defined in Article 290 of the Civil Code; and
(9) To administer his property, if any, according to his best interests, subject to the provisions of Article 320 of
the Civil Code.
Art. 47. Family Affairs. - Whenever proper, parents shall allow the child to participate in the discussion of family
affairs, especially in matters that particularly concern him.
In cases involving his discipline, the child shall be given a chance to present his side.
 Art. 48. Winning Child's Confidence. - Parents shall endeavor to win the child's confidence and to encourage him
to conduct with them on his activities and problems.
Art. 49. Child Living Away from Home. - If by reason of his studies or for other causes, a child does not live with his
parents, the latter shall communicate with him regularly and visit him as often as possible.
The parents shall see to it that the child lives in a safe and wholesome place and under responsible adult care and
supervision.
Art. 50. Special Talents. - Parents shall endeavor to discover the child's talents or aptitudes, if any, and to
encourage and develop them.
If the child is especially gifted, his parents shall report this fact to the National Center for Gifted Children or to other
agencies concerned so that official assistance or recognition may be extended to him.
Art. 51. Reading Habit. - The reading habit should be cultivated in the home. Parents shall, whenever possible,
provide the child with good and wholesome reading material, taking into consideration his age and emotional
development. They shall guard against the introduction in the home of pornographic and other unwholesome
publications.
Art. 52. Association with Other Children. - Parents shall encourage the child to associate with other children of his
own age with whom he can develop common interests of useful and salutary nature. It shall be their duty to know
the child's friends and their activities and to prevent him from falling into bad company. The child should not be
allowed to stay out late at night to the detriment of his health, studies or morals.
Art. 53. Community Activities. - Parents shall give the child every opportunity to form or join social, cultural,
educational, recreational, civic or religious organizations or movements and other useful community activities.
Art. 54. Social Gatherings. - When a party or gathering is held, the parents or a responsible person should be
present to supervise the same.
Art. 55. Vices. - Parents shall take special care to prevent the child from becoming addicted to intoxicating drinks,
narcotic drugs, smoking, gambling, and other vices or harmful practices.
Art. 56. Choice of career. - The child shall have the right to choose his own career. Parents may advise him on this
matter but should not impose on him their own choice.
Art. 57. Marriage. - Subject to the provisions of the Civil Code, the child shall have the prerogative of choosing his
future spouse. Parents should not force or unduly influence him to marry a person he has not freely choosen.

Chapter 4
LIABILITIES OF PARENTS

Art. 58. Torts. - Parents and guardians are responsible for the damage caused by the child under their parental
authority in accordance with the Civil Code.
Art. 59. Crimes. - Criminal liability shall attach to any parent who:
(1) Conceals or abandons the child with intent to make such child lose his civil status.
(2) Abandons the child under such circumstances as to deprive him of the love, care and protection he needs.
(3) Sells or abandons the child to another person for valuable consideration.
(4) Neglects the child by not giving him the education which the family's station in life and financial conditions
permit. (5) Fails or refuses, without justifiable grounds, to enroll the child as required by Article 72.
(6) Causes, abates, or permits the truancy of the child from the school where he is enrolled. "Truancy" as here used
means absence without cause for more than twenty schooldays, not necessarily consecutive.
It shall be the duty of the teacher in charge to report to the parents the absences of the child the moment these
exceed five schooldays.
(7) Improperly exploits the child by using him, directly or indirectly, such as for purposes of begging and other acts
which are inimical to his interest and welfare.
(8) Inflicts cruel and unusual punishment upon the child or deliberately subjects him to indignitions and other
excessive chastisement that embarrass or humiliate him.
(9) Causes or encourages the child to lead an immoral or dissolute life.
(10) Permits the child to possess, handle or carry a deadly weapon, regardless of its ownership. (11) Allows or
requires the child to drive without a license or with a license which the parent knows to have been illegally
procured. If the motor vehicle driven by the child belongs to the parent, it shall be presumed that he permitted or
ordered the child to drive. "Parents" as here used shall include the guardian and the head of the institution or foster
home which has custody of the child.
Art. 60. Penalty. - The act mentioned in the preceding article shall be punishable with imprisonment from two or six
months or a fine not exceeding five hundred pesos, or both, at the discretion of the Court, unless a higher penalty is
provided for in the Revised Penal Code or special laws, without prejudice to actions for the involuntary commitment
of the child under Title VIII of this Code.
Chapter 5
ASSISTANCE TO PARENTS

Art. 61. Admonition to Parents. - Whenever a parent or guardian is found to have been unreasonably neglectful in
the performance of his duties toward the child, he shall be admonished by the Department of Social Welfare or by
the local Council for the Protection of Children referred to in Article 87.chanrobles virtual law library
Whenever a child is found delinquent by any court, the father, mother or guardian may be judicially admonished.
Art. 62. Medical and Dental Services. - If the child has special health problems, his parents shall be entitled to such
assistance from the government as may be necessary for his care and treatment in addition to other benefits
provided for under existing law.
Art. 63. Financial Aid and Social Services to Needy Families. - Special financial or material aid and social services
shall be given to any needy family, to help maintain the child or children in the home and prevent their placement
elsewhere.
The amount of such aid shall be determined by the Department of Social Welfare, taking into consideration, among
other things, the self-employment of any of the family members and shall be paid from any funds available for the
purpose.
Art. 64. Assistance to Widowed or Abandoned Parent and Her Minor Dependents. - The State shall give assistance
to widowed or abandoned parent or where either spouse is on prolonged absence due to illness, imprisonment, etc.
and who is unable to support his/her children. Financial and other essential social services shall be given by the
National Government or other duly licensed agencies with similar functions to help such parent acquire the
necessary knowledge or skill needed for the proper care and maintenance of the family.
Art. 65. Criterion for Aid. - The criteria to determine eligibility for the aid mentioned in the next two preceding articles
shall be (1) the age of the child or children (2) the financial condition of the family, (3) the degree of deprivation of
parental care and support, and (4) the inability to exercise parental authority.
Art. 66. Assistance to Unmarried Mothers and Their Children. - Any unmarried mother may, before and after the
birth of the child, seek the assistance and advice of the Department of Social Welfare or any duly licensed child
placement agency. The said agencies shall offer specialized professional services which include confidential help
and protection to such mother and her child, including placement of protection to such mother and child, including
placement of such mother's rights, if any, against the father of such child.

Chapter 6
FOSTER - CARE

Art. 67. Foster Homes. - Foster Homes shall be chosen and supervised by the Department of Social Welfare or any
duly licensed child placement agency when and as the need therefore arises. They shall be run by married
couples, to be licensed only after thorough investigation of their character, background, motivation and competence
to act as foster parents.
Art. 68. Institutional Care. - Assignment of the child to a foster home shall be preferred to institutional care. Unless
absolutely necessary, no child below nine years of age shall be placed in an institution. An older child may be taken
into an institution for child care if a thorough social case study indicates that he will derive more benefit therefrom.
Art. 69. Day-care service and other substitute parental arrangement. - Day-care and other substitute parental
arrangement shall be provided a child whose parents and relatives are not able to care for him during the day.
Such arrangements shall be the subject of accreditation and licensing by the Department of Social Welfare.
Art. 70. Treatment of Child Under Foster Care. - A child under foster care shall be given, as much as possible, the
affection and understanding that his own parents, if alive or present, would or should have extended to him. Foster
care shall take into consideration the temporary nature of the placement and shall not alienate the child from his
parents.

TITLE III
CHILD AND YOUTH WELFARE AND EDUCATION
Chapter 1
ACCESS TO EDUCATIONAL OPPORTUNITIES
Art. 71. Admission to Schools. - The state shall see to it that no child is refused admission in public schools. All
parents are required to enroll their children in schools to complete, at least, an elementary education.
Art. 72. Assistance. - To implement effectively the compulsory education policy, all necessary assistance possible
shall be given to parents, especially indigent ones or those who need the services of children at home, to enable
the children to acquire at least an elementary education. Such assistance may be in the form of special school
programs which may not require continuous attendance in school, or aid in the form of necessary school supplies,
school lunch, or whatever constitutes a bar to a child's attendance in school or access to elementary education.
Art. 73. Nursery School. - To further help promote the welfare of children of working mothers and indigent parents,
and in keeping with the Constitutional provision on the maintenance of an adequate system of public education,
public nursery and kindergarten schools shall be maintained, whenever possible. The operation and maintenance
of such schools shall be the responsibility of local governments. Aid from local school board funds, when available,
may be provided.
Art. 74. Special Classes. - Where needs warrants, there shall be at least special classes in every province, and, if
possible, special schools for the physically handicapped, the mentally retarded, the emotionally disturbed, and the
specially gifted. The private sector shall be given all the necessary inducement and encouragement to establish
such classes or schools.
Art. 75. School Plants and Facilities. - Local school officials and local government officials shall see to it that school
children and students are provided with adequate schoolrooms and facilities including playground, space, and
facilities for sports and physical development activities. Such officials should see to it that the school environment is
free from hazards to the health and safety of the students and that there are adequate safety measures for any
emergencies such as accessible exits, firefighting equipment, and the like. All children shall have the free access to
adequate dental and medical services.
Chapter II
THE HOME AND THE SCHOOL

Art. 76. Role of the Home. - The home shall fully support the school in the implementation of the total school
program - curricular and co-curricular - toward the proper physical, social, intellectual and moral development of the
child.
Art. 77. Parent-Teacher Associations. - Every elementary and secondary school shall organize a parent-teacher
association for the purpose of providing a forum for the discussion of problems and their solutions, relating to the
total school program, and for insuring the full cooperation of parents in the efficient implementation of such
program. All parents who have children enrolled in a school are encouraged to be active members of its PTA, and
to comply with whatever obligations and responsibilities such membership entails.
Parent-Teacher Association all over the country shall aid the municipal and other local authorities and school
officials in the enforcement of juvenile delinquency control measures, and in the implementation of programs and
activities to promote child welfare.
Chapter III
MISCELLANEOUS
Art. 78. Contributions. - No school shall receive or collect from students, directly or indirectly, contributions of any
kind or form, or for any purpose except those expressly provided by law, and on occasions of national or local
disasters in which case the school may accept voluntary contribution or aid from students for distribution to victims
of such disasters or calamities.

TITLE IV
CHILD AND YOUTH WELFARE AND THE CHURCH

Art. 79. Rights of the Church. - The State shall respect the rights of the Church in matters affecting the religious and
moral upbringing of the child.
Art. 80. Establishment of Schools. - All churches and religious orders, congregations or groups may, conformably to
law, establish schools for the purpose of educating children in accordance with the tenets of their religion.
Art. 81. Religious Instruction. - The religious education of children in all public and private schools is a legitimate
concern of the Church to which the students belong. All churches may offer religious instruction in public and
private elementary and secondary schools, subject to the requirements of the Constitution and existing laws.
Art. 82. Assistance to Churches. - Insofar as may be allowed by the Constitution, the government shall extend to all
churches, without discrimination or preference, every opportunity to exercise their influence and disseminate their
teachings.
Art. 83. Parents. - Parents shall admonish their children to heed the teachings of their Church and to perform their
religious duties. Whenever possible, parents shall accompany their children to the regular devotions of their Church
and other religious ceremonies.
TITLE V
CHILD AND YOUTH WELFARE AND THE COMMUNITY
Chapter I
DUTIES IN GENERAL OF THE COMMUNITY

Art. 84. Community Defined. - As used in this Title, a community shall mean, the local government, together with
the society of individuals or institutions, both public and private, in which a child lives.
Art. 85. Duties of the Community. - To insure the full enjoyment of the right of every child to live in a society that
offers or guarantee him safety, health, good moral environment and facilities for his wholesome growth and
development, it shall be the duty of the community to:
(1) Bring about a healthy environment necessary to the normal growth of children and the enhancement of their
physical, mental and spiritual well-being;
(2) Help institutions of learning, whether public or private, achieve the fundamental objectives of education;
(3) Organize or encourage movements and activities, for the furtherance of the interests of children and youth;
(4) Promote the establishment and maintenance of adequately equipped playgrounds, parks, and other recreational
facilities;
(5) Support parent education programs by encouraging its members to attend and actively participate therein;
(6) Assist the State in combating and curtailing juvenile delinquency and in rehabilitating wayward children;
(7) Aid in carrying out special projects for the betterment of children in the remote areas or belonging to cultural
minorities or those who are out of school; and
(8) Cooperate with private and public child welfare agencies in providing care, training and protection to destitute,
abandoned, neglected, abused, handicapped and disturbed children.
Chapter 2
COMMUNITY BODIES DEALING WITH CHILD WELFARE
Section. A. Barangay Councils

Art. 86. Ordinances and Resolutions. - Barangay Councils shall have the authority to enact ordinances and
resolutions not inconsistent with law or municipal ordinances, as may be necessary to provide for the proper
development and welfare of the children in the community, in consultation with representatives of national agencies
concerned with child and youth welfare.
Art. 87. Council for the Protection of Children. - Every barangay council shall encourage the organization of a local
Council for the Protection of Children and shall coordinate with the Council for the Welfare of Children and Youth in
drawing and implementing plans for the promotion of child and youth welfare. Membership shall be taken from
responsible members of the community including a representative of the youth, as well as representatives of
government and private agencies concerned with the welfare of children and youth whose area of assignment
includes the particular barangay and shall be on a purely voluntary basis.
Said Council shall:
(1) Foster the education of every child in the barangay;
(2) Encourage the proper performance of the duties of parents, and provide learning opportunities on the adequate
rearing of children and on positive parent-child relationship;
(3) Protect and assist abandoned or maltreated children and dependents;
(4) Take steps to prevent juvenile delinquency and assist parents of children with behavioral problems so that they
can get expert advise;
(5) Adopt measures for the health of children;
(6) Promote the opening and maintenance of playgrounds and day-care centers and other services that are
necessary for child and youth welfare;
(7) Coordinate the activities of organizations devoted to the welfare of children and secure their cooperation;
(8) Promote wholesome entertainment in the community, especially in movie houses; and
(9) Assist parents, whenever necessary in securing expert guidance counseling from the proper governmental or
private welfare agency.
In addition, it shall hold classes and seminars on the proper rearing of the children. It shall distribute to parents
available literature and other information on child guidance. The Council shall assist parents, with behavioral
problems whenever necessary, in securing expert guidance counseling from the proper governmental or private
welfare agency.
Art. 88. Barangay Scholarships. - Barangay funds may be appropriated to provide annual scholarship for indigent
children who, in judgment of the Council for the Protection of Children, deserve public assistance in the
development of their potentialities.
Art. 89. Youth Associations in Barangays. - Barangay councils shall encourage membership in civil youth
associations and help these organizations attain their objectives.
Art. 90. Aid to Youth Associations. - In proper cases, barangay funds may be used for the payment of the cost of
the uniforms and equipment required by these organizations.
Section. B. Civic Associations of Adults

Art. 91. Civic Associations of Adults. - As used in this Title, a civic association shall refer to any club, organization
or association of individuals twenty-one years of age or over, which is directly or indirectly involved in carrying out
child welfare programs and activities.
Art. 92. Accounting of Proceeds or Funds. - It shall be the duty of any civic association of adults holding benefits or
soliciting contributions pursuant to the provisions of the next preceding article, to render an accounting of the
proceeds thereof to the Department of Social Welfare or to the city or municipal treasurer, as the case may be.
Art. 93. Functions. - Civic associations and youth associations shall make arrangements with the appropriate
governmental or civic organization for the instruction of youth in useful trades or crafts to enable them to earn a
living.
Art. 94. Youth Demonstrations. - Any demonstrations sponsored by any civic associations and youth associations
shall be conducted in a peaceful and lawful manner.
Art. 95. Unwholesome Entertainment and advertisements. - It shall be the duty of all civic associations and youth
associations to bring to the attention of the proper authorities the exhibition of indecent shows and the publication,
sale or circulation of pornographic materials.
The Board of Censors or the Radio Control Board may, upon representation of any civic association, prohibit any
movie, television or radio program offensive to the proprieties of language and behavior.
Commercial and advertisements and trailers which are improper for children under eighteen years of age due to
their advocating or unduly suggesting violence, vices, crimes and immorality, shall not be shown in any movie
theater where the main feature is for general patronage nor shall they be used or shown during or immediately
before and after any television or radio program for children.
Art. 96. Complaint Against Child Welfare Agency. - Any civic association and any youth association may complain
to the officials of any public or private child-caring agency about any act or omission therein prejudicial to the wards
of such agency.
If the complaint is not acted upon, it may be brought to the Council for the Protection of Children or the Department
of Social Welfare, which shall promptly investigate the matter and take such steps as may be necessary.
Art. 97. Studies and Researches. - The government shall make available such data and technical assistance as
may be needed by civic associations conducting studies and researches on matters relating to child welfare,
including the prevention of juvenile delinquency.
Art. 98. Exchange Programs. - Student exchange programs sponsored by civic associations or youth associations
shall receive the support and encouragement of the State.
Section. C. Youth Associations

Art. 99. Youth Associations. - As used in this Title, a youth association shall refer to any club, organization or
association of individuals below twenty-one years of age which is directly or indirectly involved in carrying out child
or youth welfare programs and activities.
Art. 100. Rights and Responsibilities. - All youth associations shall enjoy the same rights and discharge the same
responsibilities as civic associations as may be permitted under existing laws.
Art. 101. Student Organizations. - All student organization in public or private schools shall include in their
objectives the cultivation of harmonious relations among their members and with the various segments of the
community.

Chapter 3
COLLABORATION BETWEEN THE HOME AND THE COMMUNITY

Art. 102. Proper Atmosphere for Children. - The home shall aid the community in maintaining an atmosphere
conducive to the proper upbringing of children, particularly with respect to their preparation for adult life and the
conscientious discharge of their civic duties as a whole.
Art. 103. Unwholesome Influence. - The home and the community shall cooperate with each other in counteracting
and eliminating such influences as may be exerted upon children by useless and harmful amusements and
activities, obscene exhibitions and programs, and establishments inimical to health and morals.

TITLE VI
CHILD AND YOUTH WELFARE AND THE SAMAHAN
Chapter 1
DUTIES IN GENERAL OF THE SAMAHAN
Art. 104. "Samahan" Defined. - As used in this Code, the term "samahan" shall refer to the aggregate of persons
working in commercial, industrial, and agricultural establishments or enterprises, whether belonging to labor or
management.
Art. 105. Organization. - The barangay, municipal and city councils, whenever necessary, shall provide by
ordinance for the formation and organization of a samahan in their respective communities. Membership in
the samahan shall be on voluntary basis from among responsible persons from the various sectors of the
community mentioned in the preceding article.
Art. 106. Duties of the Samahan. - The Samahan shall:
(1) Prevent the employment of children in any kind of occupation or calling which is harmful to their normal growth
and development;
(2) Forestall their exploitation by insuring that their rates of pay, hours of work and other conditions of employment
are in accordance not only with law but also with equity;
(3) Give adequate protection from all hazards to their safety, health, and morals, and secure to them their basic
right to an education;
(4) Help out-of-school youth to learn and earn at the same time by helping them look for opportunities to engage in
economic self-sufficient projects;
(5) To coordinate with vocational and handicraft classes in all schools and agencies in the barangay, municipality or
city to arrange for possible marketing of the products or articles made by the students; and
(6) Provide work experience, training and employment in those areas where the restoration and conservation of our
natural resources is deemed necessary.

Chapter 2
WORKING CHILDREN

Art. 107. Employment of Children Below Sixteen Years. - Children below sixteen years of age may be employed to
perform light work which is not harmful to their safety, health or normal development and which is not prejudicial to
their studies.
The provisions of the Labor Code relating to employable age and conditions of employment of children are hereby
adopted as part of this Code insofar as not inconsistent herewith.
Art. 108. Duty of Employer to Submit Report. - The employer shall submit to the Department of Labor a report of all
children employed by him. A separate report shall be made of all such children who are found to be handicapped
after medical examination. The Secretary of Labor shall refer such handicapped children to the proper government
or private agencies for vocational guidance, physical and vocational rehabilitation, and placement in employment.
Art. 109. Register of Children. - Every employer in any commercial, industrial or agricultural establishment or
enterprise shall keep:
(1) A register of all children employed by him, indicating the dates of their birth;
(2) A separate file for the written consent to their employment given by their parents or guardians;
(3) A separate file for their educational and medical certificates; and
(4) A separate file for special work permits issued by the Secretary of Labor in accordance with existing laws.
Art. 110. Education of Children Employed as Domestics. - If a domestic is under sixteen years of age, the head of
the family shall give him an opportunity to complete at least elementary education as required under Article 71. The
cost of such education shall be a part of the domestic's compensation unless there is a stipulation to the contrary.
 Chapter 3
LABOR-MANAGEMENT PROJECTS

Art. 111. Right to Self-Organization. - Working children shall have the same freedoms as adults to join the collective
bargaining union of their own choosing in accordance with existing law.
Neither management nor any collective bargaining union shall threaten or coerce working children to join, continue
or withdraw as members of such union.
Art. 112. Conditions of Employment. - There shall be close collaboration between labor and management in the
observance of the conditions of employment required by law for working children.
Art. 113. Educational Assistance Programs. - The management may allow time off without loss or reduction of
wages for working children with special talents to enable them to pursue formal studies in technical schools on
scholarships financed by management or by the collective bargaining union or unions.
Art. 114. Welfare Programs. - Labor and management shall, in cooperation with the Women and Minors Bureau of
the Department of Labor, undertake projects and in-service training programs for working children which shall
improve their conditions of employment, improve their capabilities and physical fitness, increase their efficiency,
secure opportunities for their promotion, prepare them for more responsible positions, and provide for their social,
educational and cultural advancement.
Art. 115. Research Projects. - Labor and management shall cooperate with any government or private research
project on matters affecting the welfare of working children.
Chapter 4
COLLABORATION BETWEEN THE HOME AND THE SAMAHAN

Art. 116. Collaboration Between the Home and the Samahan. - The home shall assist the Samahan in the
promotion of the welfare of working children and for this purpose shall:
(1) Instill in the hearts and minds of working children the value of dignity of labor;
(2) Stress the importance of the virtues of honesty; diligence and perseverance in the discharge of their duties;
(3) Counsel them on the provident use of the fruits of their labor for the enrichment of their lives and the
improvement of their economic security; and
(4) Protect their general well-being against exploitation by management or unions as well as against conditions of
their work prejudicial to their health, education, or morals.
TITLE VII
CHILD AND YOUTH WELFARE AND THE STATE
Chapter 1
REGULATION OF CHILD AND YOUTH WELFARE SERVICES

Art. 117. Classifications of Child and Youth Welfare Agencies. - Public and private child welfare agencies providing
encouragement, care, and protection to any category of children and youth whether mentally gifted, dependent,
abandoned, neglected, abused, handicapped, disturbed, or youthful offenders, classified and defined as follows,
shall be coordinated by the Department of Social Welfare:
(1) A child-caring institution is one that provides twenty-four resident group care service for the physical, mental,
social and spiritual well-being of nine or more mentally gifted, dependent, abandoned, neglected, handicapped or
disturbed children, or youthful offenders.
An institution, whose primary purpose is education, is deemed to be a child-caring institution when nine or more of
its pupils or wards in the ordinary course of events do not return annually to the homes of their parents or guardians
for at least two months of summer vacation.
(2) A detention home is a twenty-four hour child-caring institution providing short term resident care for youthful
offenders who are awaiting court disposition of their cases or transfer to other agencies or jurisdiction.
(3) A shelter-care institution is one that provides temporary protection and care to children requiring emergency
reception as a result of fortuitous events, abandonment by parents, dangerous conditions of neglect or cruelty in
the home, being without adult care because of crisis in the family, or a court order holding them as material
witnesses.
(4) Receiving homes are family-type homes which provides temporary shelter from ten to twenty days for children
who shall during this period be under observation and study for eventual placement by the Department of Social
Welfare. The number of children in a receiving home shall not at any time exceed nine: Provided, that no more than
two of them shall be under three years of age.
(5) A nursery is a child-caring institution that provides care for six or more children below six years of age for all or
part of a twenty-four hour day, except those duly licensed to offer primarily medical and educational services.
(6) A maternity home is an institution or place of residence whose primary function is to give shelter and care to
pregnant women and their infants before, during and after delivery.
(7) A rehabilitation center is an institution that receives and rehabilitates youthful offenders or other disturbed
children.
(8) A reception and study center is an institution that receives for study, diagnosis, and temporary treatment,
children who have behavioral problems for the purpose of determining the appropriate care for them or
recommending their permanent treatment or rehabilitation in other child welfare agencies.
(9) A child-placing agency is an institution or person assuming the care, custody, protection and maintenance of
children for placement in any child-caring institution or home or under the care and custody of any person or
persons for purposes of adoption, guardianship or foster care. The relatives of such child or children within the sixth
degree of consanguinity or affinity are excluded from this definition.
Art. 118. License Required. - No private person, natural or juridical, shall establish, temporarily or permanently, any
child welfare agency without first securing a license from the Department of Social Welfare.
Such license shall not be transferable and shall be used only by the person or institution to which it was issued at
the place stated therein.
No license shall be granted unless the purpose of function of the agency is clearly defined and stated in writing.
Such definition shall include the geographical area to be served, the children to be accepted for care, and the
services to be provided.
If the applicant is a juridical person, it must be registered in accordance with Philippine laws:
Art. 119. Guiding Principles. - The protection and best interests of the child or children therein shall be the first and
basic consideration in the granting, suspension or revocation of the license mentioned in the preceding article.
Art. 120. Revocation or Suspension of License. - The Department of Social Welfare may, after notice and hearing,
suspend or revoke the license of a child welfare agency on any of the following grounds:
(1) That the agency is being used for immoral purposes;
(2) That said agency is insolvent or is not in a financial position to support and maintain the children therein or to
perform the functions for which it was granted license;
(3) That the children therein are being neglected or are undernourished;
(4) That the place is so unsanitary so as to make it unfit for children;
(5) That said agency is located in a place or community where children should not be, or is physically dangerous to
children or would unduly expose children to crime, vice, immorality, corruption or severe cruelty; or
(6) That said agency has by any act or omission shown its incompetence or unworthiness to continue acting as a
child welfare agency. During the period of suspension, the agency concerned shall not accept or admit any
additional children. In any case, the Department of Social Welfare shall make such order as to the custody of the
children under the care of such agency as the circumstances may warrant. The suspension may last for as long as
the agency has not complied with any order of the Department of Social Welfare to remove or remedy the
conditions which have risen to the suspension. The aggrieved agency may appeal the suspension and/or
revocation in a proper court action. In such case, the court shall within fifteen days from the filing of the Department
of Social Welfare's answer, conduct a hearing and decide the case, either by lifting the suspension, or continuing it
for such period of time as it may order, or by revoking the license of the agency where the Department of Social
Welfare has proven the revocation to be justified.
Art. 121. Responsible Government Body. - The governing body of a child welfare agency or institution shall be
composed of civic leaders or persons of good standing in the community. The administrator must be a competent
person qualified by education or experience or both to serve as such.
Art. 122. Child-Caring Institution Serving as Child-Placement Agency. - An association or corporation may be both
a child-caring institution and a child-placement agency and it may be licensed to carry out both types of service.
When a license also serves as a child-placement agency, it shall maintain a staff equipped by training to make
thorough studies of every prospective family home. Staff arrangements must also be made for continuing
supervision of the children staying in family homes so long as the children remain in the legal custody of the
agency.
Art. 123. Responsible Staff of Employees. - The licensee shall choose its employees who shall be persons of good
health and character, and whenever possible, the higher rank of employees shall in addition have training,
preferably in child psychology.
Art. 124. Intake Study and Periodic Investigations. - The licensee shall undertake investigations to determine if the
acceptance or continued stay of a child in its institution is necessary. Each licensee shall make provisions for
continuing services, including social casework for every child under its care.
 Art. 125. Records. - The licensee shall keep confidential records of every child in its study. These records shall be
made available only to such persons as may be authorized by the Department of Social Welfare or by the proper
court.
Art. 126. Home Atmosphere. - Child welfare agencies shall endeavor to provide the children with a pleasant
atmosphere that shall approximate as nearly as possible the conditions of an ideal home. Vocational rehabilitation
shall also be provided in accordance with existing law and the particular needs of the children.
Art. 127. Adequate Diet. - The licensee shall provide a varied and balanced diet to satisfy the child's total nutritional
requirements.
Art. 128. Clothing. - The licensee shall furnish clean, comfortable, and appropriate clothing for every child under its
care.
Art. 129. Physical Surroundings and Outings. - The licensee shall maintain a building adequate both in ventilation
and sanitation, and with a safe, clean and spacious playground.
Regular inexpensive periodic outing shall be an important part of its activities in order to make the children aware of
their vital role in their community and country.
Art. 130. Medical and Nursing Care. - The licensee shall provide adequate medical and nursing care for sick
children who may be confined due to illness.
Art. 131. Religious Training. - The licensee shall provide opportunities for religious training to children under its
custody, taking into consideration the religious affiliation or express wishes of the child or his parents. For such
purpose, it shall have a defined policy regarding its religious activities for the information of those wishing to place
children in its care.
Art. 132. Annual Report. - Every child welfare agency or institution shall submit to the Department of Social Welfare
an annual report setting forth a brief summary of its operations during the preceding year, including the funds
received during said period, the sources thereof, the purposes for which they were spent and the cash position of
the agency or institution as of the date of the report, number of children admitted, and such other information as
may be required by the Department of Social Welfare.

Chapter 2
COLLABORATION BETWEEN THE HOME AND THE STATE

Art. 133. Healthy Growth of Children. - Pursuant to its obligation to assist the parents in the proper upbringing of the
child, the State shall, whenever possible, in collaboration and cooperation with local government establish:
(1) Puericulture and similar centers;
(2) Juvenile courts;
(3) Child welfare agencies;
(4) Orphanages and other similar institutions; and
(5) Children's recreation centers.chanrobles virtual law library
Art. 134. Puericulture or Health Centers. - Puericulture or health centers shall be established in every barangay to
perform, among other things, the following functions:
(1) Disseminate information concerning the health of children and expectant or nursing mothers;
(2) Provide consultation service and treatment, whenever necessary, for the children and the expectant or nursing
mothers;
(3) Provide guidance and special treatment to children with physical handicaps; and

(4) Advise child welfare institutions on matters relating to nutrition and hygiene.
Art. 135. Juvenile and Domestic Relations Courts. - Juvenile and Domestic Relations Courts shall, as far as
practicable, be established in every province or city to hear and decide cases involving juvenile and domestic
problems.
Art. 136. Regional Child Welfare Agencies. - The State shall, whenever practicable, establish regional child welfare
agencies, orphanages and other similar institutions to provide care for the children mentioned in Title VIII of this
Code.
Art. 137. Children's Reading and Recreation Centers. - The State shall establish in every barangay reading centers
and recreation centers where children may meet and play together for their healthy growth and their social and
cultural development.
Art. 138. Parent Education Program. - The Department of Social Welfare shall from time to time hold a Parent
Education Congress, which shall aim to enable parents to understand child growth and development, parent-child
relationship, family life, and family-community relationship, and to improve their ability to discharge their duties.
Art. 139. Curfew Hours for Children. - City or municipal councils may prescribe such curfew hours for children as
may be warranted by local conditions. The duty to enforce curfew ordinances shall devolve upon the parents or
guardians and the local authorities.
Any parent or guardian found grossly negligent in the performance of the duty imposed by this article shall be
admonished by the Department of Social Welfare or the Council for the Protection of Children.
Art. 140. State Aid in Case of Public Calamity. - In case of earthquake, flood, storm, conflagration, epidemic, or
other calamity, the State shall give special assistance to children whenever necessary. The Department of Social
Welfare shall take immediate custody of dependent children and give temporary shelter to orphaned or displaced
children (who are separated from their parents or guardian).

TITLE VIII
SPECIAL CATEGORIES OF CHILDREN
Chapter 1
DEPENDENT, ABANDONED AND NEGLECTED CHILDREN
Art. 141. Definition of Terms. - As used in this Chapter:
(1) A dependent child is one who is without a parent, guardian or custodian; or one whose parents, guardian or
other custodian for good cause desires to be relieved of his care and custody; and is dependent upon the public for
support.
(2) An abandoned child is one who has no proper parental care or guardianship, or whose parents or guardians
have deserted him for a period of at least six continuous months. (3) A neglected child is one whose basic needs
have been deliberately unattended or inadequately attended. Neglect may occur in two ways:
a) There is a physical neglect when the child is malnourished, ill clad and without proper shelter. A child is
unattended when left by himself without provisions for his needs and/or without proper supervision.
b) Emotional neglect exists: when children are maltreated, raped or seduced; when children are exploited,
overworked or made to work under conditions not conducive to good health; or are made to beg in the streets or
public places, or when children are in moral danger, or exposed to gambling, prostitution and other vices.
(4) Commitment or surrender of a child is the legal act of entrusting a child to the care of the Department of Social
Welfare or any duly licensed child placement agency or individual. Commitment may be done in the
followingmanner:

a) Involuntary commitment, in case of a dependent child, or through the termination of parental or guardianship
rights by reason of abandonment, substantial and continuous or repeated neglect and/or parental incompetence to
discharge parental responsibilities, and in the manner, form and procedure hereinafter prescribed.
b) Voluntary commitment, through the relinquishment of parental or guardianship rights in the manner and form
hereinafter prescribed.
Art. 142. Petition for Involuntary Commitment of a Child: Venue. - The Department of Social Welfare Secretary or
his authorized representative or any duly licensed child placement agency having knowledge of a child who
appears to be dependent, abandoned or neglected, may file a verified petition for involuntary commitment of said
child to the care of any duly licensed child placement agency or individual.
The petition shall be filed with the Juvenile and Domestic Relations Court, if any, or with the Court of First Instance
of the province or City Court in which the parents or guardian resides or the child is found.
Art. 143. Contents of Petition: Verification. - The petition for commitment must state so far as known to the
petitioner:
(1) The facts showing that the child is dependent, abandoned, or neglected;
(2) The names of the parent or parents, if known, and their residence. If the child has no parent or parents living,
then the name and residence of the guardian, if any; and
(3) The name of the duly licensed child placement agency or individual to whose care the commitment of the child
is sought.
The petition shall be verified and shall be sufficient if based upon the information and belief of the petitioner.
Art. 144. Court to Set Time for Hearing: Summons. - When a petition or commitment is filed, the court shall fix a
date for the hearing thereof. If it appears from the petition that one or both parents of the child, or the guardian,
resides in province or city, the clerk of court shall immediately issue summons, together with a copy of the petition,
which shall be served on such parent or guardian not less than two days before the time fixed for the hearing. Such
summons shall require them to appear before the court on the date mentioned.
Art. 145. When Summons shall Not be Issued. - The summons provided for in the next preceding article shall not
be issued and the court shall thereupon proceed with the hearing of the case if it appears from the petition that both
parents of the child are dead or that neither parent can be found in the province or city and that the child has no
guardian residing therein.
Art. 146. Representation of Child. - If it appears that neither of the parents nor the guardian of the child can be
found in the province or city, it shall be the duty of the court to appoint some suitable person to represent him.
Art. 147. Duty of Fiscal. - The provincial or city fiscal shall appear for the State, seeing to it that there has been due
notice to all parties concerned and that there is justification for the declaration of dependency, abandonment or
neglect.
The legal services section of the Department of Social Welfare, any recognized legal association, or any appointed
de officio counsel shall prepare the petition for the Secretary of the Department of Social Welfare, his
representative or the head of the duly licensed child placement agency, or the duly licensed individual and
represent him in court in all proceedings arising under the provisions of this Chapter.
Art. 148. Hearing. - During the hearing of the petition, the child shall be brought before the court, which shall
investigate the facts and ascertain whether he is dependent, abandoned, or neglected, and, if so, the cause and
circumstances of such condition. In such hearing, the court shall not be bound by the technical rules of evidence.
Failure to provide for the child's support for a period of six months shall be presumptive evidence of the intent to
abandon.
Art. 149. Commitment of Child. - If, after the hearing, the child is found to be dependent, abandoned, or neglected,
an order shall be entered committing him to the care and custody of the Department of Social Welfare or any duly
licensed child placement agency or individual.
Art. 150. When Child May Stay In His Own Home. - If in the court's opinion the cases of the abandonment or
neglect of any child may be remedied, it may permit the child to stay in his own home and under the care and
control of his own parents or guardian, subject to the supervision and direction of the Department of Social Welfare.
When it appears to the court that it is no longer for the best interests of such child to remain with his parents or
guardian, it may commit the child in accordance with the next preceding article.
Art. 151. Termination of Rights of Parents. - When a child shall have been committed to the Department of Social
Welfare or any duly licensed child placement agency or individual pursuant to an order of the court, his parents or
guardian shall thereafter exercise no authority over him except upon such conditions as the court may impose.
Art. 152. Authority of Person, Agency or Institution. - The Department of Social Welfare or any duly licensed child
placement agency or individual receiving a child pursuant to an order of the court shall be the legal guardian and
entitled to his legal custody and control, be responsible for his support as defined by law, and when proper, shall
have authority to give consent to his placement, guardianship and/or adoption.
Art. 153. Change of Custody. - The Department of Social Welfare shall have the authority to change the custody of
a child committed to and duly licensed child placement agency or individual if it appears that such change is for the
best interests of the child. However, when conflicting interests arise among child placement agencies the court
shall order the change of commitment of the child.
Art. 154. Voluntary Commitment of a Child to an Institution. - The parent or guardian of a dependent, abandoned
or neglected child may voluntarily commit him to the Department of Social Welfare or any duly licensed child
placement agency or individual subject to the provisions of the next succeeding articles.
Art. 155. Commitment Must Be in Writing. - No child shall be committed pursuant to the preceding article unless he
is surrendered in writing by his parents or guardian to the care and custody of the Department of Social Welfare or
duly licensed child placement agency. In case of the death or legal incapacity of either parent or abandonment of
the child for a period of at least one year, the other parent alone shall have the authority to make the commitment.
The Department of Social Welfare, or any proper and duly licensed child placement agency or individual shall have
the authority to receive, train, educate, care for or arrange appropriate placement of such child.
Art. 156. Legal Custody. - When any child shall have been committed in accordance with the preceding article and
such child shall have been accepted by the Department of Social Welfare or any duly licensed child placement
agency or individual, the rights of his natural parents, guardian, or other custodian to exercise parental authority
over him shall cease.
Such agency or individual shall be entitled to the custody and control of such child during his minority, and shall
have authority to care for, educate, train and place him out temporarily or for custody and care in a duly licensed
child placement agency. Such agency or individual may intervene in adoption proceedings in such manner as shall
best inure to the child's welfare.
Art. 157. Visitation or Inspection. - Any duly licensed child placement agency or individual receiving a judicial order
or by voluntary commitment by his parents or guardian shall be subject to visitation or inspection by a
representative of the court or of the Department of Social Welfare or both, as the case may be.
Art. 158. Report of Person or Institution. - Any duly licensed child placement agency or individual receiving a child
for commitment may at any time be required by the Department of Social Welfare to submit a report, copy furnished
the court, containing all necessary information for determining whether the welfare of the child is being served.
Art. 159. Temporary Custody of Child. - Subject to regulation by the Department of Social Welfare and with the
permission of the court in case of judicial commitment, the competent authorities of any duly licensed child
placement agency or individual to which a child has been committed may place him in the care of any suitable
person, at the latter's request, for a period not exceeding one month at a time. The temporary custody of the child
shall be discontinued if it appears that he is not being given proper care, or at his own request, or at the instance of
the agency or person receiving him.
Art. 160. Prohibited Acts. - It shall be unlawful for any child to leave the person or institution to which he has been
judicially or voluntarily committed or the person under whose custody he has been placed in accordance with the
next preceding article, or for any person to induce him to leave such person or institution, except in case of grave
physical or moral danger, actual or imminent, to the child.
Any violation of this article shall be punishable by an imprisonment of not more than one year or by a fine of not
more than two thousand pesos, or both such fine and imprisonment at the discretion of the court: Provided, That if
the violation is committed by a foreigner, he shall also be subject to deportation.
If the violation is committed by a parent or legal guardian of the child, such fact shall aggravate or mitigate the
offense as circumstances shall warrant.
Art. 161. Duty to Report Abandonment. - When the parents or persons entitled to act as guardian of a child are
dead or, if living, have abandoned him, for no valid reason, for at least six months in a duly licensed child
placement agency or hospital, or left him with any other person for the same period without providing for his care
and support, such fact shall be reported immediately to the Department of Social Welfare. In case of a child left in a
hospital immediate transfer of the child to the Department of Social Welfare or any duly licensed child placement
agency must be arranged. The Department of Social Welfare shall make provisions for the adequate care and
support of the child and shall take such action as it may deem proper for his best interests.
Art. 162. Adoption of Dependent or Abandoned or Neglected Child. - Upon the filing of an application by any person
to adopt a dependent, abandoned or neglected child in the custody of any institution or individual mentioned in
Article 156, it shall be the duty of the provincial or city fiscal, any recognized legal association, or any appointed de
officio counsel upon being informed of such fact, to represent the Department of Social Welfare in the proceedings.
The costs of such proceedings shall be de officio.
Art. 163. Restoration of Child After Involuntary Commitment. - The parents or guardian of a child committed to the
care of a person, agency or institution by judicial order may petition the proper court for the restoration of his rights
over the child: Provided, That the child in the meantime, has not been priorily given away in adoption nor has left
the country with the adopting parents or the guardian. The petition shall be verified and shall state that the
petitioner is now able to take proper care and custody of said child.
Upon receiving the petition, the court shall fix the time for hearing the questions raised thereby and cause
reasonable notice thereof to be sent to the petitioner and to the person, agency or institution to which the child has
been committed. At the trial, any person may be allowed, at the discretion of the court, to contest the right to the
relief demanded, and witnesses may be called and examined by the parties or by the court motu proprio. If it is
found that the cause for the commitment of the child no longer exists and that the petitioner is already able to take
proper care and custody of the child, the court, after taking into consideration the best interests and the welfare of
the child, shall render judgment restoring parental authority to the petitioner.
Art. 164. Restoration After Voluntary Commitment. Upon petition filed with the Department of Social Welfare the
parent or parents or guardian who voluntarily committed a child may recover legal custody and parental authority
over him from the agency, individual or institution to which such child was voluntarily committed when it is shown to
the satisfaction of the Department of Social Welfare that the parent, parents or guardian is in a position to
adequately provide for the needs of the child: Provided, That, the petition for restoration is filed within six months
after the surrender.
In all cases, the person, agency or institution having legal custody of the child shall be furnished with a copy of the
petition and shall be given the opportunity to be heard.
Art. 165. Removal of Custody. - A petition to transfer custody of a child may be filed against a person or child
welfare agency to whose custody a child has been committed by the court based on neglect of such child as
defined in Article 141(3). If the court, after notice and hearing, is satisfied that the allegations of the petition are true
and that it is for the best interest and welfare of the child the court shall issue an order taking him from the custody
of the person or agency, as the case may be, and committing him to the custody of another duly licensed child
placement agency or individual.
The license of the agency or individual found guilty of such neglect may be suspended or revoked, as the court
may deem proper, in the same proceeding.
Art. 166. Report of Maltreated or Abused Child. - All hospitals, clinics and other institutions as well as private
physicians providing treatment shall, within forty-eight hours from knowledge of the case, report in writing to the city
or provincial fiscal or to the Local Council for the Protection of Children or to the nearest unit of the Department of
Social Welfare, any case of a maltreated or abused child, or exploitation of an employed child contrary to the
provisions of labor laws. It shall be the duty of the Council for the Protection of Children or the unit of the
Department of Social Welfare to whom such a report is made to forward the same to the provincial or city fiscal.
Violation of this provision shall subject the hospital, clinic, institution, or physician who fails to make such report to a
fine of not more than two thousand pesos.
In cases of sexual abuse, the records pertaining to the case shall be kept strictly confidential and no information
relating thereto shall be disclosed except in connection with any court or official proceeding based on such report.
Any person disclosing confidential information in violation of this provision shall be punished by a fine of not less
than one hundred pesos nor more than five thousand pesos, or by imprisonment for not less than thirty days nor
more than one year, or both such fine and imprisonment, at the discretion of the court.
Art. 167. Freedom from Liability of Reporting Person or Institution. - Persons, organizations, physicians, nurses,
hospitals, clinics and other entities which shall in good faith report cases of child abuse, neglect, maltreatment or
abandonment or exposure to moral danger be free from any civil or criminal liability arising therefrom. Chapter 2
MENTALLY RETARDED, PHYSICALLY HANDICAPPED,
EMOTIONALLY DISTURBED AND MENTALLY ILL CHILDREN

Art. 168. Mentally Retarded Children. - Mentally retarded children are (1) socially incompetent, that is, socially
inadequate and occupationally incompetent and unable to manage their own affairs; (2) mentally subnormal; (3)
retarded intellectually from birth or early age; (4) retarded at maturity; (5) mentally deficient as a result of
constitutional origin, through hereditary or disease, and (6) essentially incurable.
Art. 169. Classification of Mental Retardation. - Mental Retardation is divided into four classifications:
(1) Custodial Group. The members of this classification are severely or profoundly retarded, hence, the least
capable group. This includes those with I.Q.s to 25.
(2) Trainable Group. The members of this group consist of those with I.Q.s from about 25 to about 50; one who
belongs to this group shows a mental level and rate of development which is 1/4 to 1/2 that of the average child, is
unable to acquire higher academic skills, but can usually acquire the basic skills for living to a reasonable degree.
He can likewise attain a primary grade level of education if he receives effective instruction.
(3) Educable Group. This group's I.Q. ranges from about 50 to about 75, and the intellectual development is
approximately 1/2 to 3/4 of that expected of a normal child of the same chronological age. The degree of success
or accomplishment that they will reach in life depends very much on the quality and type of education they receive,
as well as on the treatment at home and in the community. Many of the educable retardates may reach 5th or 6th
grade educational level and can develop occupational skills which may result in partial or complete economic
independence in adulthood.
(4) Borderline or Low Normal Group. This is the highest group of mentally retarded, with I.Q.s from about 75 to
about 89. The members of this classification are only slightly retarded and they can usually get by in regular
classes if they receive some extra help, guidance and consideration. They have to spend much more time with their
studies than do most children in order to pass. Those who cannot make it are usually handicapped by one or more
other conditions aside from that of intelligence.
Art. 170. Physically Handicapped Children. - Physically handicapped children are those who are crippled, deaf-
mute, blind, or otherwise defective which restricts their means of action on communication with others.
Art. 171. Emotionally Disturbed Children. - Emotionally disturbed children are those who, although not afflicted with
insanity or mental defect, are unable to maintain normal social relations with others and the community in general
due to emotional problems or complexes.
Art. 172. Mentally Ill Children. - Mentally ill children are those with any behavioral disorder, whether functional or
organic, which is of such a degree of severity as to require professional help or hospitalization.
Art. 173. Admission of Disabled Children. - The Department of Social Welfare, upon the application of the parents
or guardians and the recommendation of any reputable diagnostic center or clinic, shall refer and/or admit disabled
children to any public or private institution providing the proper care, training and rehabilitation.
"Disabled children" as used in this Chapter shall include mentally retarded, physically handicapped, emotionally
disturbed, and severe mentally ill children.
Art. 174. Training and Opportunities for Disabled Children. - Specialized educational services shall be expanded
and improved to provide appropriate opportunities for disabled children. Vocational rehabilitation and manpower
conservation agencies shall train disabled children for specialized types of jobs, services and business which could
be learned only by them and shall help provide opportunities for their future occupational placement: That the
agencies and organizations engaged in programs and services for the disabled need not be limited to minors.
Persons of legal age may be admitted whenever facilities are available for them.
Art. 175. Planning of Programs and Services. - Selected pilot demonstration projects needed by the disabled
children shall be developed and shall be the basis for planning expanded programs and services throughout the
nation. There shall be established area centers designed to bring together an aggregate of services to serve all
ages of the disabled within a specified geographical area.
Art. 176. Donations. - Donations to agencies and organizations engaged in programs and services for disabled
children shall be deductible in accordance with the provision of Presidential Decree No. 507.chanrobles virtual law
library
Art. 177. Petition for Commitment. - Where a child appears to be mentally retarded, physically handicapped,
emotionally disturbed, or mentally ill, and needs institutional care but his parents or guardians are opposed thereto,
the Department of Social Welfare, or any duly licensed child placement agency or individual shall have the authority
to file a petition for commitment of the said child to any reputable institution providing care, training and
rehabilitation for disabled children.
The parents or guardian of the child may file a similar petition in case no immediate placement can be arranged for
the disabled child when the welfare and interest of the child is at stake. library
Art. 178. Venue. - The petition for commitment of a disabled child shall be filed with the Juvenile and Domestic
Relations Court, if any, or with the Court of First Instance of the province or City Court where the parent or guardian
resides or where the child is found.
Art. 179. Contents of Petition. - The petition for commitment must state so far as known to the petitioner:
(1) The facts showing that the child appears to be mentally retarded, physically handicapped, emotionally disturbed
or mentally ill and needs institutional care;
(2) The Fact that the parents or guardians or any duly licensed disabled child placement agency, as the case may
be, has opposed the commitment of such child;
(3) The name of the parents and their residence, if known or if the child has no parents or parent living, the names
and residence of the guardian, if any; and
(4) The name of the institution where the child is to be committed.
The petition shall be verified and shall be sufficient if based upon the information and belief of the petitioner.
Art. 180. Order of Hearing. - If the petition filed is sufficient in form and substance, the court, by an order reciting
the purpose of the petition, shall fix the date for the hearing thereof, and a copy of such order shall be served on
the child alleged to be mentally retarded, or physically handicapped, or emotionally disturbed, or mentally ill, and on
the person having charge of him or any of his relatives residing in the province or city as the judge may deem
proper. The court shall furthermore order the sheriff to produce, if possible, the alleged disabled child on the date of
the hearing.
Art. 181. Hearing and Judgment. - Upon satisfactory proof that the institutional care of the child is for him or the
public welfare and that his parents, or guardian or relatives are unable for any reason to take proper care of him,
the Court shall order his commitment to the proper institution for disabled children.
Art. 182. Disposition of Property or Money. - The Court, in its order of commitment, shall make proper provisions for
the custody of property or money belonging to the committed child.
Art. 183. Findings and Other Data. - The Court shall furnish the institution to which the child has been committed
with a copy of its judgment, together with all the social and other data pertinent to the case.
Art. 184. Expenses. - The expense of maintaining a disabled child in the institution to which he has been committed
shall be borne primarily by the parents or guardian and secondarily, by such disabled child, if he has property of his
own.
In all cases where the expenses for the maintenance of the disabled child cannot be paid in accordance with the
next preceding paragraph, the same, or such part thereof as may remain unpaid, shall be borne by the Department
of Social Welfare.
Art. 185. Children With Cerebral Palsy. - Children afflicted with cerebral palsy shall be committed to the institution
which under the circumstances of the particular child concerned is best equipped to treat and care for him.
Art. 186. Discharge of Child Judicially Committed. - The Court shall order the discharge of any child judicially
committed to an institution for disabled children if it is certified by the Department of Social Welfare that:
(1) He has been certified by the duly licensed disabled child placement agency to be no longer a hazard to himself
or to the community;
(2) He has been sufficiently rehabilitated from his physical handicap or, if of work age, is already fit to engage in a
gainful occupation; or
(3) He has been relieved of his emotional problems and complexes and is ready to assume normal social relations.
Art. 187. Discharge of Child Voluntarily Committed. - Any child voluntarily committed to an institution for disabled
children may be discharged by the Department of Social Welfare motu proprio or upon the request of his parents or
guardian on any of the grounds specified in the preceding article. In the latter case, the Department of Social
Welfare may refuse to discharge the child if, in its opinion, his release would be prejudicial to him or to the
community.
Art. 188. Assistance of Fiscal. - The provincial or city fiscal shall represent the Department of Social Welfare or any
recognized legal association in all judicial matters arising under the provisions of this Chapter.
Chapter 3
YOUTHFUL OFFENDERS

Art. 189. Youthful Offender Defined. - A youthful offender is one who is over nine years but under twenty-one years
of age at the time of the commission of the offense.
A child nine years of age or under at the time of the offense shall be exempt from criminal liability and shall be
committed to the care of his or her father or mother, or nearest relative or family friend in the discretion of the court
and subject to its supervision. The same shall be done for a child over nine years and under fifteen years of age at
the time of the commission of the offense, unless he acted with discernment, in which case he shall be proceeded
against in accordance with Article 192.
The provisions of Article 80 of the Revised Penal Code shall be deemed modified by the provisions of this Chapter.
Art. 190. Physical and Mental Examination. - It shall be the duty of the law-enforcement agency concerned to take
the youthful offender, immediately after his apprehension, to the proper medical or health officer for a thorough
physical and mental examination. Whenever treatment for any physical or mental defect is indicated, steps shall be
immediately undertaken to provide the same.
The examination and treatment papers shall form part of the record of the case of the youthful offender.
Art. 191. Care of Youthful Offender Held for Examination or Trial. - A youthful offender held for physical and mental
examination or trial or pending appeal, if unable to furnish bail, shall from the time of his arrest be committed to the
care of the Department of Social Welfare or the local rehabilitation center or a detention home in the province or
city which shall be responsible for his appearance in court whenever required: Provided, That in the absence of any
such center or agency within a reasonable distance from the venue of the trial, the provincial, city and municipal jail
shall provide quarters for youthful offenders separate from other detainees. The court may, in its discretion, upon
recommendation of the Department of Social Welfare or other agency or agencies authorized by the Court, release
a youthful offender on recognizance, to the custody of his parents or other suitable person who shall be responsible
for his appearance whenever required.
Art. 192. Suspension of Sentence and Commitment of Youthful Offender. - If after hearing the evidence in the
proper proceedings, the court should find that the youthful offender has committed the acts charged against him the
court shall determine the imposable penalty, including any civil liability chargeable against him. However, instead of
pronouncing judgment of conviction, the court shall suspend all further proceedings and shall commit such minor to
the custody or care of the Department of Social Welfare, or to any training institution operated by the government,
or duly licensed agencies or any other responsible person, until he shall have reached twenty-one years of age or,
for a shorter period as the court may deem proper, after considering the reports and recommendations of the
Department of Social Welfare or the agency or responsible individual under whose care he has been committed.
The youthful offender shall be subject to visitation and supervision by a representative of the Department of Social
Welfare or any duly licensed agency or such other officer as the Court may designate subject to such conditions as
it may prescribe.
Art. 193. Appeal. - The youthful offender whose sentence is suspended can appeal from the order of the court in
the same manner as appeals in criminal cases.
Art. 194. Care and Maintenance of Youthful Offender. - The expenses for the care and maintenance of the youthful
offender whose sentence has been suspended shall be borne by his parents or those persons liable to support him:
Provided, That in case his parents or those persons liable to support him can not pay all or part of said expenses,
the municipality in which the offense was committed shall pay one-third of said expenses or part thereof; the
province to which the municipality belongs shall pay one-third; and the remaining one-third shall be borne by the
National Government. Chartered cities shall pay two-thirds of said expenses; and in case a chartered city cannot
pay said expenses, part of the internal revenue allotments applicable to the unpaid portion shall be withheld and
applied to the settlement of said indebtedness.
All city and provincial governments must exert efforts for the immediate establishment of local detention homes for
youthful offenders.
Art. 195. Report on Conduct of Child. - The Department of Social Welfare or its representative or duly licensed
agency or individual under whose care the youthful offender has been committed shall submit to the court every
four months or oftener as may be required in special cases, a written report on the conduct of said youthful offender
as well as the intellectual, physical, moral, social and emotional progress made by him.
Art. 196. Dismissal of the Case. - If it is shown to the satisfaction of the court that the youthful offender whose
sentence has been suspended, has behaved properly and has shown his capability to be a useful member of the
community, even before reaching the age of majority, upon recommendation of the Department of Social Welfare, it
shall dismiss the case and order his final discharge
Art. 197. Return of the Youth Offender to Court. - Whenever the youthful offender has been found incorrigible or
has willfully failed to comply with the conditions of his rehabilitation programs, or should his continued stay in the
training institution be inadvisable, he shall be returned to the committing court for the pronouncement of judgment.
When the youthful offender has reached the age of twenty-one while in commitment, the court shall determine
whether to dismiss the case in accordance with the next preceding article or to pronounce the judgment of
conviction.
In any case covered by this article, the youthful offender shall be credited in the service of his sentence with the full
time spent in actual commitment and detention effected under the provisions of this Chapter.
Art. 198. Effect of Release of Child Based on Good Conduct. - The final release of a child pursuant to the
provisions of this Chapter shall not obliterate his civil liability for damages. Such release shall be without prejudice
to the right for a writ of execution for the recovery of civil damages
Art. 199. Living Quarters for Youthful Offenders Sentence. - When a judgment of conviction is pronounced in
accordance with the provisions of Article 197, and at the time of said pronouncement the youthful offender is still
under twenty-one, he shall be committed to the proper penal institution to serve the remaining period of his
sentence: Provided, That penal institutions shall provide youthful offenders with separate quarters and, as far as
practicable, group them according to appropriate age levels or other criteria as will insure their speedy
rehabilitation: Provided, further, That the Bureau of Prisons shall maintain agricultural and forestry camps where
youthful offenders may serve their sentence in lieu of confinement in regular penitentiaries.
Art. 200. Records of Proceedings. - Where a youthful offender has been charged before any city or provincial fiscal
or before any municipal judge and the charges have been ordered dropped, all the records of the case shall be
destroyed immediately thereafter.
Where a youthful offender has been charged and the court acquits him, or dismisses the case or commits him to an
institution and subsequently releases him pursuant to this Chapter, all the records of his case shall be destroyed
immediately after such acquittal, dismissal or release, unless civil liability has also been imposed in the criminal
action, in which case such records shall be destroyed after satisfaction of such civil liability. The youthful offender
concerned shall not be held under any provision of law, to be guilty of perjury or of concealment or
misrepresentation by reason of his failure to acknowledge the case or recite any fact related thereto in response to
any inquiry made of him for any purpose.
"Records" within the meaning of this article shall include those which may be in the files of the National Bureau of
Investigation and with any police department, or any other government agency which may have been involved in
the case.
Art. 201. Civil Liability of Youthful Offenders. - The civil liability for acts committed by a youthful offender shall
devolve upon the offender's father and, in case of his death or incapacity, upon the mother, or in case of her death
or incapacity, upon the guardian. Civil liability may also be voluntarily assumed by a relative or family friend of the
youthful offender.
Art. 202. Rehabilitation Centers. - The Department of Social Welfare shall establish regional rehabilitation centers
for youthful offenders. The local government and other non-governmental entities shall collaborate and contribute
their support for the establishment and maintenance of these facilities.
Art. 203. Detention Homes. - The Department of Local Government and Community Development shall establish
detention homes in cities and provinces distinct and separate from jails pending the disposition of cases of juvenile
offenders.
Art. 204. Liability of Parents or Guardian or Any Person in the Commission of Delinquent Acts by Their Children or
Wards. - A person whether the parent or guardian of the child or not, who knowingly or willfully,
(1) Aids, causes, abets or connives with the commission by a child of a delinquency, or
(2) Does any act producing, promoting, or contributing to a child's being or becoming a juvenile delinquent, shall be
punished by a fine not exceeding five hundred pesos or to imprisonment for a period not exceeding two years, or
both such fine and imprisonment, at the discretion of the court
TITLE IX
COUNCIL FOR THE WELFARE OF CHILDREN AND YOUTH
Chapter 1
CREATION AND COMPOSITION
Art. 205. Creation of the Council for the Welfare of Children. - A Council for the Welfare of Children is hereby
established under the Office of President. The Council shall be composed of the Secretary of Social Welfare as
Chairman, and seven members, namely: The Secretary of Justice, the Secretary of Labor, the Secretary of
Education and Culture, the Secretary of Health, the Presiding Judge of the Juvenile and Domestic Relations Court,
City of Manila, and two representatives of voluntary welfare associations to be appointed by the President of the
Philippines, each of whom shall hold office for a term two years.
There shall be a permanent Secretariat for the Council headed by an Executive Director, to be appointed by the
Chairman and approved by a majority of the members of the Council.
For actual attendance at regular meetings, the Chairman and each member of the Council shall receive a per diem
of one hundred pesos for every meeting actually attended, but the total amount of per diem that the Chairman and
a member may receive in a month shall in no case exceed five hundred pesos.
Art. 206. Appropriation. - The sum of five million pesos is hereby appropriated, out of any funds in the National
Treasury not otherwise appropriated, for the operation and maintenance of the Council for the Welfare of Children
and Youth during the fiscal year. Thereafter, such sums as may be necessary for its operation and maintenance
shall be included in the General Appropriations Decree.
Chapter 2
POWERS AND RESPONSIBILITIES
Art. 207. Powers and Functions. - The Council for the Welfare of Children and Youth shall have the following
powers and functions:
(1) To coordinate the implementation and enforcement of all laws relative to the promotion of child and youth
welfare;
(2) To prepare, submit to the President and circulate copies of long-range programs and goals for the physical,
intellectual , emotional, moral, spiritual, and social development of children and youth, and to submit to him an
annual report of the progress thereof;
(3) To formulate policies and devise, introduce, develop and evaluate programs and services for the general
welfare of children and youth;
(4) To call upon and utilize any department, bureau, office, agency, or instrumentality, public, private or voluntary,
for such assistance as it may require in the performance of its functions;
(5) Perform such other functions as provided by law.
Art. 208. Offices to Coordinate with the Council for Welfare of Children. - The following offices and agencies shall
coordinate with the Council for the Welfare of Children and Youth in the implementation of laws and programs on
child and youth welfare:
(1) Department of Justice
(2) Department of Social Welfare
(3) Department of Education and Culture
(4) Department of Labor
(5) Department of Health
(6) Department of Agriculture
(7) Department of Local Government and Community Development;
(8) Local Councils for the Protection of Children; and such other government and private agencies which have
programs on child and youth welfare.
Existing as well as proposed programs of the above-named agencies as well as other government and private child
and youth welfare agencies as may be hereafter created shall be implemented by such agencies: Provided, That,
with the exception of those proposed by the Local Councils for the Protection of Children, all long-range child and
youth welfare programs shall, before implementation, be indorsed by the agencies concerned to their respective
departments, which shall in turn indorse the same to the Council for the Welfare on Children and Youth, for
evaluation, cooperation and coordination.
Chapter 3
IMPLEMENTATION OF CODE AND RULE-MAKING AUTHORITY

Art. 209. Implementation of this Code and Rule-Making Authority. - The enforcement and implementation of this
Code shall be the primary responsibility of the Council for the Welfare of Children. Said Council shall have authority
to promulgate the necessary rules and regulations for the purpose of carrying into effect the provisions of this
Code.
FINAL PROVISIONS

Art. 210. General Penalty. - Violations of any provisions of this Code for which no penalty is specifically provided
shall be punished by imprisonment not exceeding one month or a fine not exceeding two hundred pesos, or both
such fine and imprisonment at the discretion of the court, unless a higher penalty is provided for in the Revised
Penal Code or special laws.
Art. 211. Repealing Clause. - All laws or parts of any laws inconsistent with the provisions of this Code are hereby
repealed or modified accordingly: Provided, That the provisions of the Dangerous Drugs Act of 1972 and
amendments thereto shall continue to be in force and shall not be deemed modified or repealed by any provision of
this Code.
Art. 212. Separability Clause. - If any provision of this Code is held invalid, the other provisions not affected thereby
shall continue in operation.
Art. 213. Effectivity Clause. - This Code shall take effect six months after its approval.

IMPACT TO PRE-SERVICE TEACHER

The Presidential Decree No. 603 of 1974, The Child and Youth Welfare Code codified laws on
the rights and responsibilities of children below 21 and of parents, as well as substantive and procedural
provisions for children with respect to the home, the community, education, and the state.
For example those who are in inclusive education, the development and success of inclusion
education programs depends largely on the quality of teachers and education personnel involved. One of
the challenges of inclusion education is providing in-service training to all teachers, with consideration for
the varied and often difficult conditions under which they serve. In-service training programs should be
relevant and culturally viable.
 PRESIDENTIAL DECREE NO. 1006

PROVIDING FOR THE PROFESSIONALIZATION OF TEACHERS, REGULATING THEIR PRACTICE IN THE

PHILIPPINES AND FOR OTHER PURPOSES

WHEREAS, the Constitution provides that “All educational institutions shall be under the supervision of; and subject
to regulation by, the State”, and requires that “the State shall establish and maintain a complete, adequate and
integrated system of education relevant to the goals of national development”;

WHEREAS, in the pursuit on these objectives, the Department of Education and Culture has adopted ways and
means of overseeing all the educational institutions in the country;

WHEREAS, this supervisory function of the DEC has been primarily beamed towards insuring that the educational
institutions inculcate in the student love of the country, teach the duties of citizenship, and develop moral character,
personal discipline, and scientific, technological and vocational efficiency;

WHEREAS, to implement these objectives, the institutions have relied upon their teachers whose direct and
continuing interaction with the young people and the children make them potent forces for the development of
proper attitudes among the citizenry;

WHEREAS, this accounts for the tremendous growth of the teaching population, comprising in the civil service
sector alone more than 300,000 teachers deployed all over the country;

WHEREAS, to insure that in the immediacy and urgency of teacher recruitment qualitative requirements are not
overlooked, it has become necessary to regulate the teaching profession;

WHEREAS, although teaching requires a number of years of collegiate study, it is the only course that it is not yet
considered a profession;

WHEREAS, in recognition of the vital role of teachers in nation-building and as an incentive to raise the morale of
teachers, it is imperative that they be considered as professionals and teaching be recognized as a profession.

NOW, THEREFORE, I, FERDINAND E. MARCOS, President of the Philippines, by virtue of the powers vested in
me by the Constitution, do hereby decree and order:

Section 1. Title. This Decree shall be known as the Decree Professionalizing Teaching.
Section 2. Declaration of Policy. It is hereby declared a policy that teacher education shall be given primary
concern and attention by the government and shall be of the highest quality, and strongly oriented to Philippine
conditions and to the needs and aspirations of the Filipino people even as it seeks enrichment from adoptable
ideas and practices of other people.

Section 3. Definition of Terms. As used in this Decree, the following shall be construed as follows:

(a) Teaching refers to the profession primarily concerned with the classroom instruction, at the elementary and
secondary levels, in accordance with the curriculum prescribed by National Board of Education, whether on part-
time or full-time basis in the public or private schools.

(b) Teachers refers to all persons engaged in teaching at the elementary and secondary levels, whether on a full-
time or part-time basis, including guidance counsellors, school librarians, industrial arts or vocational teachers and
all other persons performing supervisory and/or administrative functions in all schools in the aforesaid levels and
legally qualified to practice teaching under this Decree.

(c) Board refers to the National Board for Teachers duly constituted under this Decree.

Section 4. Creation of the National Board for Teachers. There is hereby created a National Board for Teachers,
hereinafter called the Board, to be composed of the following:

1) Secretary of Education and Culture

Co-Chairman
2) Chairman, Civil Service Commission

3) Commissioner, Professional Regulations

Commission
Member
4) Two members representing the private sector to
be appointed by the President

Section 5. Powers and Duties. The Board shall have the following powers and duties:

(a) Appoint a set of examiners for every examination who will determine and prepare the contents of the Board
examination for teachers, hereinafter referred to as examination, in the elementary and secondary levels of
instruction, to be held at least once a year;

(b) Determine and fix the places and dates of examination, appoint supervisors and room examiners from among
the employees of the Government who shall be entitled to a daily allowance to be fixed by the Board for every
examination day actually attended, use the buildings and facilities of public and private schools for examination
purposes, approve applications to take examination, and approve the release of examination results;

(c) Look from time to time into the conditions affecting the practice of the teaching profession, adopt such measures
as may be deemed proper for the enhancement of said profession, and/or maintenance of the professional
standards and ethics;

(d) Issue, suspend, revoke, replace or reissue Professional Teachers Certificate, and administer oaths;
(e) Appoint, subject to the provisions of existing laws, such officials and employees as are necessary in the
effective performance of its functions and responsibilities, prescribe their duties and fix their compensation;

(f) Prescribe and collect examination and other fees as it may deem proper; and

(g) Promulgate rules and regulations, and exercise such other powers, functions and duties as may be necessary
to carry into effect the purposes of this Decree.

Section 6. Qualification requirements for examination applicants. No applicant shall be admitted to take the
examination unless, on the date of filing of the application, he shall have complied with the following requirements:

(a) Except those who have been engaged in teaching as herein defined for at least five years in schools in the
Philippines not organized exclusively for nationals of a foreign country at the time of the effectivity of this Decree,
the applicant must be a citizen of the Philippines;

(b) That he is of good moral character;

(c) That he is free from any physical and/or mental defect which will incapacitate him to render efficient service; and

(d) That he possesses the following minimum educational qualifications:

1) For teachers in the kindergarten and elementary grades, Bachelor’s degree in Elementary Education (B.S.E.Ed.)
or its equivalent;

2) For teachers of the secondary schools, Bachelor’s degree in Education or its equivalent with a major and minor,
or a Bachelor’s degree in Arts or Sciences with at least eighteen units in professional education; and

3) For teachers of secondary vocational and two-year technical courses, Bachelor’s degree in the field of
specialization with at least eighteen units in professional education.

All applications shall be filed with an office or offices designated by the Board, preferably the offices of the Civil
Service Commission and the Department of Education and Culture.

These offices shall screen and approve such applications and issue the corresponding permits to take the
examination to qualify applicants.

Section 7. Appointment of examiners. The Board shall appoint a set of examiners for every examination who are
recognized authority in teacher education, and their names shall not be disclosed until after the release of the
results of the examination. They shall each receive as compensation the sum of not less than P5.00 for each
examinee as may be determined by the Board but in no case shall each examiner receive more than P18,000 per
examination. Any examiner who is in the service of the Government shall receive the compensation herein
provided in addition to his salary.

Section 8. Scope of the examination. The examination shall consist of written tests, the scope of which shall be
determined by the Board, taking into consideration the teaching plan of the schools legally constituted in the
Philippines.
Section 9. Ratings in the examination. In order that a candidate may be deemed to have successfully passed the
examinations, he must have obtained a general average of at least 70 per cent in all subjects, with no rating below
50 per cent in any subject.

Section 10. Report of the results of examination. The examiners shall report the ratings obtained by each
candidate to the Board within 150 days after the last day of the examination, unless extended by the latter.

Section 11. Issuance of Certificates. Teachers who have passed examinations given by the Civil Service
Commission or jointly by the Civil Service Commission and the Department of Education and Culture shall be
considered as having passed the board examinations for teachers. The Board may consider their certificates of
rating as certificates of eligibility or issue an entirely new certificate upon registration of the teacher and payment of
the corresponding fees.

This provision shall likewise apply to those teachers who have permanent appointment under the Magna Carta For
Public School Teachers and all others who may be qualified for registration as professional teachers under this
Decree.

Section 12. Registration. The Civil Service Commission shall, as an arm of the Board, register holders of
Professional Teacher Certificate which registration shall evidence that the registrant is entitled to all the rights and
privileges of a Professional Teacher until and unless the certificate is suspended or canceled by the Board for just
cause.

Section 13. Reissuance of revoked certificates and replacement of lost certificates. The Board may, for reason of
equity and justice, and upon proper application therefor, issue another copy, original or duplicate, upon payment of
the required fee, of a certificate which has been revoked. A new certificate to replace a lost, destroyed or mutilated
certificate may be issued subject to the rules of the Board.

Section 14. Registration by reciprocity. The Civil Service Commission shall, upon approval of the Board, effect the
registration, without examination, of a teacher validly registered under the laws of any foreign state or country;
Provided, That the requirements for registration in said foreign state or country are substantially the same as those
required and contemplated by this Decree, and the laws of such foreign state or country allow citizens of the
Philippines to practice the profession on the same basis and grant the same privileges as the citizens or subjects of
such foreign state or country; Provided finally, That the applicant shall submit competent and conclusive
documentary evidence, confirmed by the Department of Foreign Affairs, showing that his country’s existing laws
permit citizens of the Philippines to practice teaching profession under the rules and regulations governing citizens
thereof.

Section 15. Prohibition. Three years after the effectivity of this Decree, no person shall engage in teaching and/or
act as a teacher as defined in this Decree, whether in the public or private elementary or secondary school, unless
he is holder of a Professional Teacher Certificate or is considered a Professional Teacher under this Decree.

Section 16. Penal Provision. Any person who shall practice the teaching without a valid Professional Teacher
Certificate, or any person presenting as his or her own the certificate of another, or any person giving any false or
forged evidence in order to obtain a Professional Teacher Certificate or admission to an examination, or any person
assuming himself as a registered professional teacher or any person violating any provision of this Decree shall be
penalized by a fine of not less than One Thousand Pesos nor more than Five Thousand Pesos with subsidiary
imprisonment or to suffer an imprisonment of not less than six months nor more than two years, or both such fine
and imprisonment at the discretion of the Court.
Section 17. Repealing Clause. All Acts, Decrees, Executive Orders, Administrative Orders, rules and regulations or
parts thereof inconsistent with the provisions of this Decree are hereby repealed or modified accordingly.

Section 18. Separability Clause. In case any provision of this Decree or any portion thereof is declared
unconstitutional by a competent court, other provisions shall not be affected thereby.

Section 19. Effectivity. This Decree shall take effect January 1, 1977.

IMPACT TO PRE-SERVICE TEACHER

PD 1006 declared a policy that teacher education be of the highest quality and strongly
oriented to Philippine conditions and to the needs and aspirations of the Filipino people. Along
with the policy that teacher education be of the highest quality, the Civil Service Commission
and the Department of Education and Culture jointly gave examination for teachers. Passers in
the teacher’s examination were qualified for registration as professional teachers and were
given the Professional Teacher Certificate. PD 1006 made a teacher’s license a requirement for
teaching.
 REPUBLIC ACT NO. 7784

AN ACT TO STRENGTHEN TEACHER EDUCATION IN THE PHILIPPINES BY ESTABLISHING CENTERS OF

EXCELLENCE, CREATING A TEACHER EDUCATION COUNCIL FOR THE PURPOSE, APPROPRIATING
FUNDS THEREFOR, AND FOR OTHER PURPOSES

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

SECTION 1. Declaration of Policy – It is the declared policy of the State to 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.
It is likewise universally recognized that the teacher is the key to the effectiveness of the teaching-learning process
by drawing out and nurturing the best in the learner as a human being and a worthy member of society Thus, this
Act aims to provide and ensure quality education by strengthening the education and training of teachers
nationwide through a national system of excellence for teacher education.

Our vision is a teacher education system whose mission is to educate and train teachers of unquestionable integrity
and competence, and who are committed to their continuing professional growth and obligation to help their
students grow as responsible individuals and citizens of the Philippines and of the world.

SEC. 2. Definition of Terms – As used in this Act:

(a) “Teacher” shall mean all persons engaged in the classroom teaching of any subject, including
practical/vocational arts, at the elementary and secondary levels of instruction including persons performing
guidance and counseling, instructional supervision in all private or public education institutions, but shall not include
school nurses, school physicians, school dentists, school administrators, and other school administrative support
employees. Graduates of education who have passed the government examination for teachers although not
actually employed as such, are hereby included in this definition.

(b) “Teacher education” shall mean the pre-service education, in-service education, and graduate education of
teachers, in various areas of specialization.

(c) “Excellence” pertains to the efficient, effective and innovative delivery of relevant, functional, and quality
programs in teacher education, training, research and community service.

(d) “Center of excellence” shall be a public or private college, institute, school or agency, engaged in the pre-
service and continuing education, formal and non-formal, of teachers and teacher educators, that has established
and continues to maintain a track record in teacher education (in terms of number of graduates and their
performance in the government examination for teachers and their professional achievement), research, and
community service; whose graduates are models of integrity, commitment and dedication in education. The centers
of excellence may exist by themselves or within a university or college.

SEC. 3. Teacher Education Centers of Excellence. – There shall be identified, designated, established and
developed in strategic places in each of the regions of the country, one or more centers of excellence for teacher
education based on criteria listed hereunder, assessed and adjudged by the Council. These centers of excellence
shall be initially chosen from among existing public and private educational institutions by the Teacher Education
Council created under this Act.

Should the need arise, certain centers of excellence for teacher education at the provincial level may later be
identified and developed.

The criteria in identifying schools and colleges as centers of excellence shall include the following: (a) highly
educated, professionally qualified and experienced faculty dedicated to the philosophy, mission, vision and goals of
the institution and education; (b) well-selected students; (c) adequate library, research and study facilities; (d)
competent administrative and support staff; (e) well-planned and relevant instructional programs; (f) adequate
student development programs; (g) adequate student services; (h) relevant extension service and outreach
programs; (i) percentage of graduates who become teachers; and (j) such other criteria as may be established and
operationalized by the Teacher Education Council.

The Teacher Education Center of Excellence shall form a national network which in turn shall network with
elementary schools, high schools and/or a part thereof for laboratory purposes.

Any center of excellence that is established shall be maintained for at least five (5) years before any proposal or
review is made to transfer it elsewhere.

SEC. 4: Objectives and Functions of a Center of Excellence. – The objectives and functions of a center of
excellence shall be to:

(a) Experiment and try out relevant and innovative pre-service/in-service teacher education/training programs;

(b) Organize and coordinate collaborative research on identified areas for systematic investigation in teacher
education as basis for improving teacher education programs;

(c) Serve as teacher resource center for curricular/instructional materials development;

(d) Serve as the central node for networking specific disciplines in teacher education in the region;

(e) Provide professional assistance to Teacher Education Institutions (TEIs) that have expressed the need for such
assistance;

(f) Encourage mutual support among TEIs in the region for upgrading and improving their programs; and

(g) Facilitate and help expedite accreditation among TEIs.

SEC. 5. Creation of the Teacher Education Council. – There shall be a Teacher Education Council composed of
eleven (11) members with the Secretary of Education, Culture and Sports as ex officio chairman, and three (3)
other ex officio members, namely: a Commissioner of the Commission on Higher Education (CHED), a
representative of the National Commission on Culture and Arts (NCCA), and the Chairman of the Professional
Regulations Commission (PRC).

The seven (7) regular members of the Council who shall be appointed by the President of the Republic of the
Philippines are:

(a) Three (3) representatives of centers of teacher education: one (1) from Luzon, one (1) from the Visayas, and
one (1) from Mindanao who shall take into account the views of the parents-teachers and community associations,
student associations, nongovernmental organizations, and people organizations concerned with basic education;

One (1) representative of science teachers;

One (1) representative of mathematics teachers;

One (1) representative of social studies teachers; and

One (1) representative of language teachers.

The other officers of the Council shall be elected by the members from among the regular members.

The members of the Council shall serve without any compensation but shall be reimbursed for actual and
necessary expenses incurred by them in carrying out their duties under this Act.

The Council shall meet at least four (4) times a year and hold such other meetings at the call of the chairman or a
majority of the members.

All regular members of the Council shall hold office for a -period of three (3) years.

SEC 6. Criteria for the Selection of Regular Council Members. – The criteria for the selection of the regular Council
members are as follows:

(a) Integrity;

(b) Expertise and experience in teacher education;

(c) Recognized as an expert, nationally or internationally; and

(d) Willingness to serve.

SEC. 7. Powers and Functions of the Council. – The Council shall have the following powers and functions:

(a) To identify and designate among existing private and public schools, teacher education institutions as Centers
of Excellence for Teacher Education, at the national, regional, and provincial levels;

(b) To formulate policies and standards that shall strengthen and improve the system of teacher education in all
existing public and private schools;
(c) Initiate a periodic review of curricula and programs for teacher education and training through participatory
methods, such as self-assessment by institutions;

(d) To adopt an adequate and effective system of incentives such as scholarship grants, loan programs, subsidies,
stipends and other similar benefits and incentives, in order to attract and encourage outstanding high school
graduates whether from public or private schools, to pursue teacher education;

(e) To encourage the establishment of consortia and other cooperative arrangements among teacher education
schools, public or private, for greater efficiency and economy in the use of resources;

(f) Design collaborative programs or projects that will enhance pre-service teacher training, in-service training, re
training, orientation, and teacher development;

(g) To direct the conduct of relevant studies as may be needed in the formulation of policies and in the planning
and successful implementation of plans, programs and projects required in attaining the purposes of this Act;

(h) To review existing and recommend new legislation and policies of the government in order to improve teacher
education and promote the welfare of teachers;

(i) To recommend appropriate measures to the President, Congress, and heads of other government offices and
agencies to improve, enhance and strengthen teacher education; and

(j) To call upon any department, bureau, office, or government corporation, local government unit and other
concerned agencies for assistance in areas falling within their mandate.

SEC. 8. Secretariat. – The Council shall organize and appoint a secretariat headed by an executive director, that
shall assist the Council in executing its policies and programs and provide the necessary administrative support
therefor.

SEC. 9. Active Participation of Local Government Units. -Local government units shall include in their plans,
programs, and projects the development and’ improvement of teacher education through the centers of excellence
in their respective regions.

SEC. 10. Appropriation. – The sum of One hundred million pesos (P100, 000,000) is hereby authorized to be
appropriated from the income of duty-free shops or otherwise known as the Trust Liability Account of the
Department of Tourism, for the initial organizational and developmental activities of the Centers and the
Council: Provided, however, That .lot more than five percent (5%) shall be devoted to Council’s expenses.
Thereafter, such amount as may be necessary to carry out the provisions of this Act shall be included in the annual
budget of the Department of Education, Culture and Sports.

SEC. 11. Implementing Rules and Guidelines. – The Teacher Education Council created under this Act shall
promulgate the implementing rules and regulations sixty (60) days from the approval of this Act.

SEC. 12. Repealing Clause. – All laws, presidential decrees, rules or regulations or parts thereof inconsistent with
the provisions of this Act arc hereby repealed or modified accordingly.

SEC 13. Effectivity Clause. – This Act shall lake effect upon its approval.

IMPACT TO PRE-SERVICE TEACHER

Having centers for excellence is one way of addressing this concern. These centers of
excellence experiment and try out relevant and innovative pre-service teacher education / training programs;
organize and coordinate collaborative research on identified areas for systematic investigation in teacher
 REPUBLIC ACT NO. 7797

AN ACT TO LENGTHEN THE SCHOOL CALENDAR FROM TWO HUNDRED (200) DAYS TO NOT MORE
THAN TWO HUNDRED TWENTY (220) CLASS DAYS

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

SECTION 1. Lengthening of School Calendar.— Any provision of law to the contrary notwithstanding, the
school calendar for each year beginning school year 1995-1996, shall be lengthened to not more than two
hundred twenty (220) class days, inclusive of class days which may be subsequently suspended due to
natural or man-made calamities.

The increase in the number of school days during the school years shall not be considered as a basis for
additional pay for teachers who are paid salaries for the entire twelve (12) months of a school year: Provided,
That the preceding provision shall not apply to those who are paid salaries computed by the number of hours
they actually teach or whose salaries and hours of work are governed by existing Collective Bargaining
Agreements (CBAs).

SECTION 2. Non-reduction of Class Hours.— The total number of class hours per day provided under the
present system shall not be reduced to compensate for the increase in class days.

SECTION 3. Start of the School Year.— The school year shall start on the first Monday of June but not later
than the last day of August.
 In the implementation of this Act, the Secretary of Education, Culture and Sports shall determine the end of
the regular school year, taking into consideration the Christmas and summer vacations, and the peculiar
circumstances of each region.

In the exercise of this authority, the Secretary of Education, Culture and Sports may authorize the holding of
Saturday classes for elementary and secondary levels for public and private schools.

SECTION 4. Issuance of Rules and Regulations.— The Secretary of Education, Culture and Sports shall
issue, within ninety (90) days after the approval of this Act, the necessary rules and regulations to implement
this Act and ensure that the total class days prescribed in this Act shall be devoted to the attainment of
learning objectives.

The DECS shall submit to the Committees on Education, Arts and Culture of both Houses of Congress
copies of the implementing rules and guidelines within thirty (30) days after its promulgation.

SECTION 5. Repealing Clause.— All laws, presidential decrees, executive orders, rules and regulations or
parts thereof inconsistent with this Act are hereby repealed or modified accordingly.

SECTION 6. Effectivity Clause.— This Act shall take effect upon its approval.

IMPACT TO PRE-SERVICE TEACHER

This act serves as basis for teachers for the allotted class days for teaching. However, it doesn’t s
seem to fair for the teachers because According to Section 1 the increase in the number of school days
during the school years shall not be considered as a basis for additional pay for teachers who are paid
salaries for the entire twelve (12) months of a school year: Teachers deserves to be paid for more than
what they worked for and I personally believed that they should be put into consideration because it is
not easy to teach in more the teaching days required.

However, this is also beneficial for teachers because according to SECTION 3. In the implementation
of this Act, the Secretary of Education, Culture and Sports shall determine the end of the regular school
year, taking into consideration the Christmas and summer vacations, and the peculiar circumstances of
each region. In this case teachers will have the time to spend holidays and they will have the enough
chance to spend for their families.
 REPUBLIC ACT NO. 1265

AN ACT MAKING FLAG CEREMONY COMPULSORY IN ALL EDUCATIONAL INSTITUTIONS

Section 1. All educational institutions shall henceforth observe daily flag ceremony, which shall be simple and
dignified and shall include the playing or singing of the Philippine National Anthem.
Sec. 2. The Secretary of Education is hereby authorized and directed to issue or cause to be issued rules and
regulations for the proper conduct of the flag ceremony herein provided.
Sec. 3. Failure or refusal to observe the flag ceremony provided by this Act and in accordance with rules and
regulations issued by the Secretary of Education, after proper notice and hearing, shall subject the educational
institution concerned and its head to public censure as an administrative punishment which shall be published at
least once in a newspaper of general circulation.

In case of failure to observe for the second time the flag ceremony provided by this Act, the Secretary of Education,
after proper notice and hearing, shall cause the cancellation of the recognition or permit of the private educational
institution responsible for such failure.
Sec. 4. This Act shall take effect upon its approval.

IMPACT TO PRE-SERVICE TEACHER

The Flag Ceremony should be given utmost importance for it reflects our love for our country,
and that it is one of the ways to value the sacrifices of the people who died protecting and defending our
 REPUBLIC ACT NO. 7836

AN ACT TO STRENGTHEN THE REGULATION AND SUPERVISION OF THE PRACTICE OF TEACHING IN

THE PHILIPPINES AND PRESCRIBING A LICENSURE EXAMINATION FOR TEACHERS AND FOR OTHER
PURPOSES

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

ARTICLE I
TITLE
SECTION 1. Short Title. — This Act shall be known as the "Philippine Teachers Professionalization Act of
1994."
Sec. 2. Statement of Policy. — The State recognizes the vital role of teachers in nation-building and development
through a responsible and literate citizenry. Towards this end, the State shall ensure and promote quality education
by proper supervision and regulation of the licensure examination and professionalization of the practice of the
teaching profession.
Sec. 3. Objectives. — This Act has the herein objectives:
(a) The promotion, development and professionalization of teachers and the teaching profession; and
(b) The supervision and regulation of the licensure examination.
Sec. 4. Definition of Terms. — For purposes of this Act, the following terms shall mean:
(a) "Teaching" — refers to the profession concerned primarily with classroom instruction, at the elementary and
secondary levels in accordance with the curriculum prescribed by the Department of Education, Culture and Sports,
whether on part-time or full-time basis in the private or public schools.
(b) "Teachers" — refers to all persons engaged in teaching at the elementary and secondary levels, whether on full-
time or part-time basis, including industrial arts or vocational teachers and all other persons performing supervisory
and/or administrative functions in all schools in the aforesaid levels and qualified to practice teaching under this
Act.
(c) "Board" — refers to the Board for Professional Teachers duly established and constituted under this Act.
(d) "Commission" — refers to the Professional Regulation Commission.
ARTICLE II
BOARD FOR PROFESSIONAL TEACHERS
Sec. 5. Creation and Composition of the Board. — There is hereby created under this Act a Board for Professional
Teachers, hereinafter called the Board, a collegial body under the general supervision and administrative control of
the Professional Regulation Commission, hereinafter referred to as the Commission, composed of five (5) members
who shall be appointed by the President of the Philippines from among the recommendees chosen by the
Commission. The recommendees shall be chosen from the list of nominees selected by the accredited association
of teachers, who duly possess all the qualifications prescribed in Section 8 of this Act.
The chairman and the voice-chairman of the Board shall be appointed from these five (5) members by the
President: Provided, That the members of the first Board appointed under this Act shall be automatically registered
as professional teachers and issued with the certificate of registration and professional license upon payment of the
fees for examination, registration, and other fees prescribed by the Commission.
Sec. 6. Duties and Function of the Board. — The Board shall have the following duties and functions:
(a) Promulgate, administer and enforce rules and regulations necessary for carrying out the provisions of this Act in
accordance with the charter of the Professional Regulation Commission;
(b) Determine and fix the frequency, dates, and places of examination, appoint supervisors, proctors, and other
personnel as needed who shall be entitled to a daily allowance to be fixed by the Board for every examination day
actually attended, use buildings and facilities of public or private schools for examination purposes;
(c) Issue, suspend, or revoke the certificate of registration for the practice of the teaching profession;
(d) Prescribe and collect examination and other fees as it may deem proper;
(e) Prescribe and/or adopt a code of ethical and professional standards for the practice of the teaching profession.
Such ethical standards, rules and regulations to take effect sixty (60) days after its publication in the Official
Gazette or in any newspaper of general circulation;
(f) Administer oaths in connection with the administration of this Act;
(g) Supervise and regulate the registration, licensure and practice of professional teachers in the Philippines;
(h) Adopt an official seal of the Board;
(i) Look into the conditions affecting the practice of the teaching profession and whenever necessary, adopt such
measures as may be deemed proper for the enhancement and maintenance of high professional and ethical
standards of the profession;
(j) Ensure that all educational institutions offering elementary and secondary education comply with the essential
requirements for curricula, faculty and facilities for the elementary and secondary levels;
(k) Investigate such violations of this Act, the rules and the code of ethical and professional standards for
professional teachers as it may come to the knowledge of the Board, and for this purpose, to issue subpoena and
subpoena duces tecum to secure the appearance of witnesses and the production of documents in connection
therewith; and
(l) Discharge such other powers, duties and functions as the Board may deem necessary for the practice of the
teaching profession and the upgrading, enhancement, development and growth of education in the Philippines.
Sec. 7. Term of Office. — The members of the Board shall hold office for a term of three (3) years from the date
they assume office:Provided, That the first appointees to the Board under this Act shall hold office according to the
following terms: one (1) member shall serve for one (1) year; one (1) member for two (2) years; the chairman, vice-
chairman, and one (1) member for three (3) years. Vacancies shall be served for the unexpired term only. No
person who has served for two (2) consecutive terms shall be eligible for reappointment. Appointment to fill an
unexpired term shall be considered an appointment to a complete term.
The chairman or any member shall take his oath of office prior to the performance of his duties.
Sec. 8. Qualification of Board Members. — Each Board member must at the time of his appointment:
(a) Be a citizen and resident of the Philippines;
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(b) Be at least thirty-five (35) years of age, of proven integrity, and possessed of high moral values in his personal
as well as professional conduct and has not been convicted of any offense involving moral turpitude;
(c) Be a holder of the degree of Bachelor of Arts or Bachelor of Science in Education and preferably a holder of a
master's or doctorate degree in education, or their equivalents, from a university, school, college, academy or
institute duly constituted, recognized and/or accredited by the Philippine government;
(d) Be a professional teacher with a valid certificate of registration and valid professional license, save those
members who shall compose the first Board for Professional Teachers;
(e) Has been a professional teacher in the active practice of the teaching profession for at least ten (10) years in
the elementary and secondary level; and
(f) Not be an official or member of the faculty of, nor have pecuniary interest in any university, college, school, or
institution conferring a bachelor's degree in education or its equivalents for at least three (3) years prior to his
appointment, and neither connected with a review center or with any group or association where review classes or
lectures in preparation for the licensure examination are offered or conducted.
Provided, however,That, the membership to the Board shall be evenly distributed to cover all levels of education,
including equitable representation of the different fields of specialization.
Sec. 9. Compensation of the Board. — The chairman, vice-chairman, and members of the Board shall receive
compensation comparable to the compensation received by existing regulatory boards under the Professional
Regulation Commission, computed on the basis of the number of examinees/candidates.
Sec. 10. Supervision of the Board and Custodian of its Records. — The Board shall be under the supervision and
control of the Commission. All records, including applications for examination, examination papers and results,
minutes of deliberation, administrative cases and investigative cases and investigations involving professional
teachers shall be kept by the Commission.
Sec. 11. Secretariat and Support Services. — The Professional Regulation Commission, through its chairman, shall
provide the secretariat and other support services to implement effectively the provisions of this Act.cralaw
Sec. 12. Removal of a Board Member. — The chairman or any member of the Board may be removed by the
President of the Philippines upon recommendation of the Commission for neglect of duty, incompetence,
unprofessional, unethical, immoral or dishonorable conduct, commission or toleration of irregularities in the
examination, after having been given the opportunity to defend himself in a proper administrative investigation.
In the course of investigation, the President may preventively suspend the respondent.
ARTICLE III
EXAMINATION AND REGISTRATION
Sec. 13. Examination, Registration and License Required. — Except as otherwise specifically allowed under the
provisions of this Act, all applicants for registration as professional teachers shall be required to undergo a written
examination which shall be given at least once a year in such places and dates as the Board may determine upon
approval by the Commission. A valid certificate of registration and a valid professional license from the Commission
are required before any person is allowed to practice as a professional teacher in the Philippines, except as
otherwise allowed under this Act.
Sec. 14. Scope of Examination. — The examinations for the elementary and secondary school teachers shall be
separate. The examination for teachers in the elementary level shall consist of two (2) parts, namely: professional
education and general education. The examination for teachers in the secondary level shall consist of three (3)
parts, namely: professional education, general education, and field of specialization.
Sec. 15. Qualification Requirements of Applicants. — No applicant shall be admitted to take the examination
unless, on the date of filing of the application, he shall have complied with the following requirements:
(a) A citizen of the Philippines or an alien whose country has reciprocity with the Philippines in the practice of the
teaching profession;
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(b) At least eighteen (18) years of age;
(c) In good health and of good reputation with high moral values;
(d) Has not been convicted by final judgment by a court for an offense involving moral turpitude;
(e) A graduate of a school, college or university recognized by the government and possesses the minimum
educational qualifications, as follows:
(1) For teachers in preschool, a bachelor's degree in early childhood education (BECED) or its equivalent;
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(2) For teachers in the elementary grades, a bachelor's degree in elementary education (BSEED) or its equivalent;
(3) For teachers in the secondary grades, a bachelor's degree in education or its equivalent with a major and minor,
or a bachelor's degree in arts and sciences with at least ten (10) units in professional education; and
(4) For teachers of vocational and two-year technical courses, a bachelor's degree in the field of specialization or its
equivalent, with at least eighteen (18) units in professional education.
Sec. 16. Report of the Results of the Examination. — The Board shall, within one hundred twenty (120) days after
the examination, report the ratings obtained by each candidate to the Professional Regulation Commission for
approval and appropriate action.
Sec. 17. Issuance of Certificate of Registration and Professional License. — The registration of a professional
teacher commences from the date his name is enrolled in the roster of professional teachers.
Every registrant who has satisfactorily met all the requirements specified in this Act shall, upon payment of the
registration fee, be issued a certificate of registration as a professional teacher bearing the full name of the
registrant with serial number and date of issuance signed by the chairman of the Commission and the chairman,
vice-chairman, and members of the Board, stamped with the official seal, as evidence that the person named
therein is entitled to practice the profession with all the rights and privileges appurtenant thereto. The certificate
shall remain in full force and effect until withdrawn, suspended and/or revoked in accordance with law.
A professional license signed by the chairman of the Commission and bearing the registration number and date of
issuance thereof and the month of expiry or renewability shall likewise be issued to every registrant who has paid
the annual registration fees for three (3) consecutive years. This license shall serve as evidence that the licensee
can lawfully practice his profession until the expiration of its validity.
Sec. 18. Oath Before Practice. — Every registrant shall be required to take his professional oath before practicing
as a professional teacher.
Sec. 19. Periodic Merit Examination of Teachers. — To encourage continuing professional growth and
development and to provide additional basis for merit promotion, in addition to their performance rating, teachers
may take an oral and written examination at least once in five (5) years as basis for merit promotion. In taking this
examination, no fee shall be required.
Sec. 20. Failure to Pass the Merit Examination. — If a teacher fails to pass the merit examination, he or she shall
be allowed to take the examination for a second time. Should he or she fail to pass the merit examination for the
second time, then he or she shall be required to take a DECS accredited refresher course or program before being
allowed to retake the examination.
Failure of any permanent teacher to pass the merit examination shall not, however, be used as a ground for his/her
dismissal or demotion.
Sec. 21. Incentives. — Teachers who pass the merit examination shall:
(a) Be awarded a diploma of merit by the Board;
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(b) Earn merit points for purposes of promotion in salary or to a higher position or grade level;
(c) Be placed in the priority list for government scholarship; and
(d) Enjoy such other benefits as may be promulgated by the Board.
Similar incentives shall be given to teachers who make inventions, develop new methods of teaching, write a book
or books and create works of artistic merit.
Sec. 22. Integration of the Teaching Profession. — The teaching profession shall be integrated into one national
organization which shall be recognized by the Board and the Commission as the one and only integrated and
accredited association of professional teachers. Upon registration with the Board, every professional teacher shall
be encouraged to become a member of the integrated national organization. Those who have been registered with
the Board but are not members of the said integrated organization shall be allowed to register as members of the
said integrated organization within three (3) years after the effectivity of this Act. Membership in the integrated
organization shall not be a bar to membership in other associations of the teaching profession. The professional
teachers shall receive the benefits and privileges appurtenant to their membership in the said integrated and
accredited organization of professional teachers only upon payment of the required membership fees and dues.
Sec. 23. Revocation of the Certificate of Registration, Suspension from the Practice of the Teaching Profession,
and Cancellation of Temporary or Special Permit. — The Board shall have the power, after due notice and hearing,
to suspend or revoke the certificate of registration of any registrant, to reprimand or to cancel the temporary/special
permit of a holder thereof who is exempt from registration, for any of the following causes:
(a) Conviction for any criminal offense by a court of competent jurisdiction;
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(b) Immoral, unprofessional or dishonorable conduct;
(c) Declaration by a court of competent jurisdiction for being mentally unsound or insane;
(d) Malpractice, gross incompetence, gross negligence or serious ignorance of the practice of the teaching
profession;
(e) The use of or perpetration of any fraud or deceit in obtaining a certificate of registration, professional license or
special/temporary permit;
(f) Chronic inebriety or habitual use of drugs;
(g) Violation of any of the provisions of this Act, the rules and regulations and other policies of the Board and the
Commission, and the code of ethical and professional standards for professional teachers; and
(h) Unjustified or willful failure to attend seminars, workshops, conferences and the like or the continuing education
program prescribed by the Board and the Commission.
The decision of the Board to revoke or suspend a certificate may be appealed to the regional trial court of the place
where the Board holds office within fifteen (15) days from receipt of the said decision or of the denial of the motion
for reconsideration filed in due time.
Sec. 24. Registration by Reciprocity. — No teacher of a foreign nationality shall be admitted to the examination, or
be given a certificate of registration or be entitled to any of the rights and privileges provided under this Act; unless
the country or state of which he is a subject permits Filipino professional teachers to practice within its territorial
limits on the same basis as subjects or citizens of said country or state: Provided, that the requirements of
certification of teachers with said foreign state or country are substantially the same as those required and
contemplated under this Act: Provided, further, That the laws of such state or country grant the same privilege to
Filipino professional teachers on the same basis as the subject or citizens of such foreign country or state.
Sec. 25. Roster of Professional Teachers. — A roster of professional teachers containing the names and
addresses of professional teachers, date of registration or issuance of certificate, and other data which in the
opinion of the Board may appear pertinent shall be maintained. Copies of the roster shall be provided by the
Commission to the Board, the Department of Education, Culture and Sports, and the integrated and accredited
organization of professional teachers.
Sec. 26. Registration and Exception. — Two (2) years after the effectivity of this Act, no person shall engage in
teaching and/or act as a professional teacher as defined in this Act, whether in the preschool, elementary or
secondary level, unless he is a duly registered professional teacher, and a holder of a valid certificate of registration
and a valid professional license or a holder of a valid special/temporary permit.
Upon approval of the application and payment of the prescribed fees, the certificate of registration and professional
license as a professional teacher shall be issued without examination as required in this Act to a qualified applicant,
who at the time of the approval of this Act, is:
(a) A holder of a certificate of eligibility as a teacher issued by the Civil Service Commission and the Department of
Education, Culture and Sports;
(b) A registered professional teacher with the National Board for Teachers under the Department of Education,
Culture and Sports (DECS) pursuant to Presidential Decree No. 1006; or
(c) Not qualified under paragraphs one and two but with any of the following qualifications.
(1) An elementary or secondary teacher for five (5) years in good standing and a holder of Bachelor of Science in
Education or its equivalent; or
(2) An elementary or secondary teacher for three (3) years in good standing and a holder of a master's degree in
education or its equivalent.
Provided, That they shall be given two (2) years from the organization of the Board for professional teachers within
which to register and be included in the roster of professional teachers: Provided, further, That those incumbent
teachers who are not qualified to register without examination under this Act or who, albeit qualified, were unable to
register within the two-year period shall be issued a five-year temporary or special permit from the time the Board is
organized within which to register after passing the examination and complying with the requirements provided this
Act and be included in the roster of professional teachers: Provided, furthermore, That those who have failed the
licensure examination for professional teachers shall be eligible as para-teachers and as such, shall be issued by
the Board a special or temporary permit, and shall be assigned by the Department of Education, Culture and Sports
(DECS) to schools as it may determine under the circumstances.
ARTICLE IV
PROVISIONS RELATIVE TO THE PRACTICE OF THE TEACHING PROFESSION
Sec. 27. Inhibition Against the Practice of the Teaching Profession. — Except as otherwise allowed under this Act,
no person shall practice or offer to practice the teaching profession in the Philippines or be appointed as teacher to
any position calling for a teaching position without having previously obtained a valid certificate of registration and a
valid professional license from the Commission.
Sec. 28. Penal Provisions. — The following shall be punishable by a fine of not less than Five thousand pesos
(P5,000.00) nor more than Twenty thousand pesos (P20,000.00) or imprisonment of nor less than six (6) months
nor more than five (5) years, or both, at the discretion of the court:
(a) Any person who practices the teaching profession in the Philippines without being certified in accordance with
the provisions of this Act;
(b) Any person who represents or attempts to use as his own certificate of registration that of another;
(c) Any person who gives any false, or fraudulent evidence of any kind to the Board or any member thereof in
obtaining a certificate of registration as teacher;
(d) Any person who impersonates any registrant of the same or different name;
(e) Any person who uses a revoked or suspended certificate of registration;
(f) Any person who, in connection with his name, otherwise assumes, uses or advertises any title or description
tending to convey or conveys the impression that he is a teacher without holding a valid certificate; and
(g) Any person who violates or who abets the violation of any of the provisions of this Act.
The penalty of fine or imprisonment or both, as provided in this section, shall also apply to any school official who
shall cause or be responsible for the commission of any of the above-enumerated acts.
Sec. 29. Appropriations. — Such sums as may be necessary to carry out the provisions of this Act shall be included
in the 1996 General Appropriations Act and thereafter.
Sec. 30. Implementing Guidelines. — The Board shall formulate and adopt the necessary guidelines for the
effective implementation of the provisions of this Act within sixty (60) days of its approval.
The Board shall submit to both Committees on Education, Arts, and Culture; and the Committees on Civil Service
and Professional Regulation of the Senate and House of Representatives, copies of the implementing rules and
guidelines within thirty (30) days after its promulgation.
Any violation of this section shall render the official/s concerned liable under Republic Act No. 6713, otherwise
known as the "Code of Conduct and Ethical Standards for Public Officials and Employees"and other pertinent
administrative and/or penal laws.
Sec. 31. Transitory Provision. — All incumbent teachers in both the public and private sector not otherwise certified
as professional teachers by virtue of this Act, shall be given (5) years temporary certificates from the time the Board
for Professional Teachers is organized within which to qualify as required by this Act and be included in the roster
of professionals.
Provided, however, That the Professional Board Examination for Teachers (PBET) shall still be administered by the
Civil Service Commission and the Department of Education, Culture and Sports for the year 1995.cralaw
Sec. 32. Separability Clause. — If, for any reason, any section or provision of this Act or the application of such
section or provision to any person or circumstance is declared unconstitutional or invalid, no other section or
provision of this Act shall be affected thereby.
Sec. 33. Repealing Clause. — All laws, presidential decrees, executive orders, rules and regulations or parts
thereof inconsistent with the provisions of this Act are hereby repealed or modified accordingly.
Sec. 34. Effectivity Clause. — This Act shall take effect after fifteen (15) days following its complete publication in
the Official Gazette or in two (2) newspapers of general circulation.

IMPACT TO PRE-SERVICE TEACHER

Republic Act no. 7836 otherwise known as “Philippine Teachers Professionalization Act of
1994” Section 1: Section 15;(e) (3) of RA no 7836 amended that for teachers in secondary grades,
bachelors in degree education as one of the qualification or its equivalent with a major and minor or a
bachelor’s degree in arts in sciences with at least (18) units in professional education. They add (8)
units in the professional education as one of the qualification requirement of the applicant. Another
 REPUBLIC ACT NO. 10157

AN ACT INSTITUTIONALIZING THE KINDERGARTEN EDUCATION INTO THE BASIC EDUCATION SYSTEM
AND APPROPRIATING FUNDS THEREFOR

PROVISION

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

Section 1. Short Title. - This Act shall be known as the "Kindergarten Education Act".

Sec. 2. Declaration of Policy. - In consonance with the Millennium Development Goals on achieving Education for
All (EFA) by the year 2015, it is hereby declared the policy of the State to provide equal opportunities for all children
to avail of accessible mandatory and compulsory kindergarten education that effectively promotes physical, social,
intellectual, emotional and skills stimulation and values formation to sufficiently prepare them for formal elementary
schooling. This Act shall apply to elementary school system being the first stage of compulsory and mandatory
formal education. Thus, kindergarten will now be an integral part of the basic education system of the country.

Kindergarten education is vital to the academic and technical development of the Filipino child for it is the period
when the young mind's absorptive capacity for learning is at its sharpest. It is also the policy of the State to make
education learner-oriented and responsive to the needs, cognitive and cultural capacity, the circumstances and
diversity of learners, schools and communities through the appropriate languages of teaching and learning.

Sec. 3. Definition of Terms. - The terms used in this Act are defined as follows:

(a) DepEd shall refer to the Department of Education;

(b) BEE shall refer to the Bureau of Elementary Education;

(c) Kindergarten education shall be understood in this Act to mean one (1) year of preparatory education for
children at least five (5) years old as a prerequisite for Grade I; and

(d) Mother tongue refers to the language first learned by a child.

Sec. 4. Institutionalization of Kindergarten Education. - Kindergarten education is hereby institutionalized as part of

basic education and for school year 2011-2012 shall be implemented partially, and thereafter, it shall be made
mandatory and compulsory for entrance to Grade 1.

Sec. 5. Medium of Instruction. - The State shall hereby adopt the mother tongue-based multilingual education
(MTB-MLE) method. The mother tongue of the learner shall be the primary medium of instruction for teaching and
learning in the kindergarten level. However, exceptions shall be made to the following cases:

(a) When the pupils in the kindergarten classroom have different mother tongues or when some of them speak
another mother tongue;

(b) When the teacher does not speak the mother tongue of the learners;

(c) When resources, in line with the use of the mother tongue, are not yet available; and

(d) When teachers are not yet trained how to use the MTB-MLE program.

In such exceptional cases, the primary medium of instruction shall be determined by the DepEd aligned with the
framework being used in the elementary level including teacher training and production of local resources and
materials under DepEd Order No. 74, series of 2009.

The DepEd, in coordination with the Commission on Filipino Language and in close collaboration with academic
and research institutions concerned with education, shall formulate a mother tongue-based multilingual framework
for teaching and learning: Provided, That the DepEd will include teaching strategies as defined in Section 7(c)
which aims to introduce and eventually strengthen the child's understanding of English, which is the official
language.

Sec. 6. Implementing Agency. - The authority to regulate the organization, operation and/or implementation of the
kindergarten education program of both public and private schools shall be vested upon the DepEd, through the
creation of a new Division under the BEE and other necessary support to achieve successful implementation of
kindergarten education to include, but not limited to, increasing the number of kindergarten teacher positions with
the required salaries and benefits, enhancing teacher training in early education, and providing the necessary
allocations for classrooms and chairs, facilities and equipment, and textbooks.ςηαοblενιrυαllαωlιbrαr

Sec. 7. Duties, Powers and Functions. - The DepEd, through the BEE, shall exercise the following powers and
functions:

(a) Oversee and supervise the organization, operation and implementation of the kindergarten education program;

(b) Develop the curriculum for kindergarten education consistent with the universally accepted norms and
standards, including values formation all of which shall be developmentally appropriate, and use of the MTB-MLE
as a medium of instruction and to periodically review such for purposes of upgrading;
(c) Develop teaching strategies using the unique feature of the MTB-MLE which shall include, but not limited to, the
following:

(1) The two-track method (storytelling and reading, listening story, oral communication activities);

(2) Interactive strategies;

(3) Use of manipulative games; and

(4) Experiential, small group discussions and total physical response (TPR) among others.

The learning development materials shall consist of the following at the minimum:

(i) Listening story;

(ii) Small books;

(iii) Big books;

(iv) Experience story;

(v) Primer lessons; and

(vi) Lessons exemplars;

(a) Conceive, develop and extend a continuing professional development program for kindergarten teachers to
ensure constant updating of their knowledge in current trends, pedagogy, methodologies and concepts on early
childhood education;

(b) Prescribe the necessary qualifications for the hiring and accreditation of teachers who will handle the
kindergarten education program;

(c) Exercise authority over the operation of private kindergarten institutions;

(d) Supervise the establishment of various venues for early childhood education which may be institution-based,
home-based, hospital-based or community-based, and which shall be duly accredited by the DepEd; and

(e) Introduce innovative programs in kindergarten that shall include educational technologies, whenever applicable.

Sec. 8. Appropriations. - The DepEd shall immediately include in the program of the Department the
operationalization of the free, mandatory and compulsory public kindergarten education, the initial funding of which
shall be charged against the current appropriations for kindergarten education of the DepEd. Thereafter, such sums
which shall be necessary for the continued implementation of the free public kindergarten education program shall
be charged to the General Fund and included in the annual General Appropriations Act.

Sec. 9. Implementing Rules and Regulations. - Within ninety (90) days after the effectivity of this Act, the DepEd, in
consultation with the Department of Budget and Management, shall promulgate the rules and regulations needed
for the implementation of this Act.
Sec. 10. Separability Clause. - If any provision of this Act is held invalid or unconstitutional, the same shall not
affect the validity and effectivity of the other provisions hereof.

Sec. 11. Repealing Clause. - Pertinent provisions of all other laws, decrees, executive orders and rules and
regulations contrary to or inconsistent with the provisions of this Act are hereby repealed or modified accordingly.

Sec. 12. Effectivity Clause. - This Act shall take effect fifteen (15) days after its publication in the Official Gazette or
in two (2) newspapers of general circulation.

IMPACT TO PRE-SERVICE TEACHER

Republic Act No. 10157 also known as the Kindergarten Education Act provides equal
opportunities for all children to accessible and mandatory kindergarten education. DepEd Order sets the
basic standards for an efficient and effective Kindergarten Education Program implementation for both
public and private schools nationwide, and shall serve as basis for accreditation and/or recognition of
those intending to put early learning centers. It provides further provides a comprehensive Kindergarten
Education policy covering the following different components of implementing Kindergarten Education
Program: curriculum; instruction, such as teaching methodologies and strategies; assessment; learning
resources and instructional materials; learning space and environment; and monitoring and evaluation
for the standard delivery of kindergarten
REPUBLIC services.
ACT NO. 4670 (1966).

MAGNA CARTA FOR PUBLIC SCHOOL TEACHERS

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

I. DECLARATION OF POLICY - COVERAGE

Section 1. Declaration of Policy. It is hereby declared to be the policy of this Act to promote and
improve the social and economic status of public school teachers, their living and working
conditions, their terms of employment and career prospec ts in order that they may compare
favorably with existing opportunities in other walks of life, attract and retain in the teaching
profession more people with the proper qualifications, it being recognized that advance in
education depends on the qualifications and ability of the teaching staff and that education is an
essential factor in the economic growth of the nation as a productive investment of vital
importance.
Sec. 2. Title Definition. This Act shall be known as the "Magna Carta for Public School T eachers"
and shall apply to all public school teachers except those in the professorial staff of state
colleges and universities.
As used in this Act, the term "teacher" shall mean all persons engaged in classroom teaching, in
any level of instruction, on full-time basis, including guidance counselors, school librarians,
industrial arts or vocational instructors, and all other persons performing supervisory and/or
administrative functions in all schools, colleges and universities operated by the Government or
its political subdivisions; but shall not include school nurses, school physicians, school dentists,
and other school employees.
II. RECRUITMENT AND CAREER
Sec. 3. Recruitment and Qualification. Recruitment policy with respect to the selection and
appointment of teachers shall be clearly defined by the Department of
Education: Provided, however, That effective upon the approval of this Act, the following shall
constitute the minimum educational qualifications for teacher -applicants:
(a) For teachers in the kindergarten and elementary grades, Bachelor's degree in Elementary
Education (B.S.E.ED.);cralaw
(b) For teachers of the secondary schools, Bachelor's degree in Education or its equivalent with
a major and a minor; or a Bachelor's degree in Arts or Scie nce with at least eighteen
professional units in Education.
(c) For teachers of secondary vocational and two years technical courses, Bachelor's degree in
the field of specialization with at least eighteen professional units in education;cralaw
(d) For teachers of courses on the collegiate level, other than vocational, master's degree with a
specific area of specialization;cralaw
Provided, further, That in the absence of applicants who possess the minimum educational
qualifications as hereinabove provide d, the school superintendent may appoint, under a
temporary status, applicants who do not meet the minimum qualifications: Provided, further, That
should teacher-applicants, whether they possess the minimum educational qualifications or not,
be required to take competitive examinations, preference in making appointments shall be in the
order of their respective ranks in said competitive examinations: And provided, finally, That the
results of the examinations shall be made public and every applicant shall b e furnished with his
score and rank in said examinations.
Sec. 4. Probationary Period. When recruitment takes place after adequate training and
professional preparation in any school recognized by the Government, no probationary period
preceding regular appointment shall be imposed if the teacher possesses the appropriate civil
service eligibility: Provided, however, That where, due to the exigencies of the service, it is
necessary to employ as teacher a person who possesses the minimum educational qualific ations
herein above set forth but lacks the appropriate civil service eligibility, such person shall be
appointed on a provisional status and shall undergo a period of probation for not less than one
year from and after the date of his provisional appointm ent.
Sec. 5. Tenure of Office. Stability on employment and security of tenure shall be assured the
teachers as provided under existing laws.
Subject to the provisions of Sec. three hereof, teachers appointed on a provisional status for lack
of necessary civil service eligibility shall be extended permanent appointment for the position he
is holding after having rendered at least ten years of continuous, efficient and faithful service in
such position.
Sec. 6. Consent for Transfer Transportation Expenses. Ex cept for cause and as herein otherwise
provided, no teacher shall be transferred without his consent from one station to another.
Where the exigencies of the service require the transfer of a teacher from one station to another,
such transfer may be effected by the school superintendent who shall previously notify the
teacher concerned of the transfer and the reason or reasons therefor. If the teacher believes
there is no justification for the transfer, he may appeal his case to the Director of Public Schoo ls
or the Director of Vocational Education, as the case may be. Pending his appeal and the decision
thereon, his transfer shall be held in abeyance: Provided, however, That no transfers whatever
shall be made three months before any local or national elect ion.
Necessary transfer expenses of the teacher and his family shall be paid for by the Government if
his transfer is finally approved.
Sec. 7. Code of Professional Conduct for Teachers. Within six months from the approval of this
Act, the Secretary of Edu cation shall formulate and prepare a Code of Professional Conduct for
Public School Teachers. A copy of the Code shall be furnished each teacher: Provided, however,
That where this is not possible by reason of inadequate fiscal resources of the Department of
Education, at least three copies of the same Code shall be deposited with the office of the school
principal or head teacher where they may be accessible for use by the teachers.
Sec. 8. Safeguards in Disciplinary Procedure. Every teacher shall enjoy eq uitable safeguards at
each stage of any disciplinary procedure and shall have:
a. the right to be informed, in writing, of the charges;
b. the right to full access to the evidence in the case;
c. the right to defend himself and to be defended by a represen tative of his choice and/or by his
organization, adequate time being given to the teacher for the preparation of his defense; and
d. the right to appeal to clearly designated authorities.
No publicity shall be given to any disciplinary action being taken a gainst a teacher during the
pendency of his case.
Sec. 9. Administrative Charges. Administrative charges against a teacher shall be heard initially
by a committee composed of the corresponding School Superintendent of the Division or a duly
authorized representative who should at least have the rank of a division supervisor, where the
teacher belongs, as chairman, a representative of the local or, in its absence, any existing
provincial or national teacher's organization and a supervisor of the Division, th e last two to be
designated by the Director of Public Schools. The committee shall submit its findings and
recommendations to the Director of Public Schools within thirty days from the termination of the
hearings: Provided, however, that where the school superintendent is the complainant or an
interested party, all the members of the committee shall be appointed by the Secretary of
Education.
Sec. 10. No Discrimination. There shall be no discrimination whatsoever in entrance to the
teaching profession, or d uring its exercise, or in the termination of services, based on other than
professional consideration.
Sec. 11. Married Teachers. Whenever possible, the proper authorities shall take all steps to
enable married couples, both of whom are public school teach ers, to be employed in the same
locality.
Sec. 12. Academic Freedom. Teachers shall enjoy academic freedom in the discharge of their
professional duties, particularly with regard to teaching and classroom methods.
III. HOURS OF WORK AND REMUNERATION
Sec. 13. Teaching Hours. Any teacher engaged in actual classroom instruction shall not be
required to render more than six hours of actual classroom teaching a day, which shall be so
scheduled as to give him time for the preparation and correction of exercises a nd other work
incidental to his normal teaching duties: Provided, however, That where the exigencies of the
service so require, any teacher may be required to render more than six hours but not exceeding
eight hours of actual classroom teaching a day upon payment of additional compensation at the
same rate as his regular remuneration plus at least twenty -five per cent of his basic pay.
Sec. 14. Additional Compensation. Notwithstanding any provision of existing law to the contrary,
co-curricula and out of school activities and any other activities outside of what is defined as
normal duties of any teacher shall be paid an additional compensation of at least twenty -five per
cent of his regular remuneration after the teacher has completed at least six hours of actual
classroom teaching a day.
In the case of other teachers or school officials not engaged in actual classroom instruction, any
work performed in excess of eight hours a day shall be paid an additional compensation of at
least twenty-five per cent of their regular remuneration.
The agencies utilizing the services of teachers shall pay the additional compensation required
under this section. Education authorities shall refuse to allow the rendition of services of
teachers for other government agencies wi thout the assurance that the teachers shall be paid the
remuneration provided for under this section.
Sec. 15. Criteria for Salaries. Teacher's salaries shall correspond to the following criteria:
(a) they shall compare favorably with those paid in other o ccupations requiring equivalent or
similar qualifications, training and abilities;
(b) they shall be such as to insure teachers a reasonable standard of life for themselves and
their families; and
(c) they shall be properly graded so as to recognize the fact that certain positions require higher
qualifications and greater responsibility than others: Provided, however, That the general salary
scale shall be such that the relation between the lowest and highest salaries paid in the
profession will be of reasonable order. Narrowing of the salary scale shall be achieved by raising
the lower end of the salary scales relative to the upper end.
Sec. 16. Salary Scale. Salary scales of teachers shall provide for a gradual progression from a
minimum to a maximum salary by means of regular increments, granted automatically after three
years: Provided, That the efficiency rating of the teacher concerned is at least satisfactory. The
progression from the minimum to the maximum of the salary scale shall not extend over a period
of ten years.
Sec. 17. Equality in Salary Scales. The salary scales of teachers whose salaries are
appropriated by a city, municipal, municipal district, or provincial government, shall not be less
than those provided for teachers of the National Government.
Sec. 18. Cost of Living Allowance. Teacher's salaries shall, at the very least, keep pace with the
rise in the cost of living by the payment of a cost -of-living allowance which shall automatically
follow changes in a cost-of-living index. The Secretary of Education shall, in consultation with the
proper government entities, recommend to Congress, at least annually, the appropriation of the
necessary funds for the cost-of-living allowances of teachers employed by the National
Government. The determination of the cost-of-living allowances by the Secretary of Education
shall, upon approval of the President of the Philippines, be binding on the city, municipal or
provincial government, for the purposes of calculating the cost -of-living allowances of teachers
under its employ.
Sec. 19. Special Hardship Allowances. In areas in which teachers are exposed to hardship such
as difficulty in commuting to the place of work or other hazards peculiar to the place of
employment, as determined by the Secretary of Education, they shall be compensated special
hardship allowances equivalent to at least twenty -five per cent of their monthly salary.
Sec. 20. Salaries to be Paid in Legal Tender. Salaries of teachers shall be paid in legal tender of
the Philippines or its equivalent in checks or treasury warrants. Provided, however, That such
checks or treasury warrants shall be cashable in any national, provincial, city or municipal
treasurer's office or any banking institutions operating under the laws of the Republic of the
Philippines.
Sec. 21. Deductions Prohibited. No person shall make any deduction whatsoever from the
salaries of teachers except under specific authority of law authorizing such
deductions: Provided, however, That upon written authority executed by the teacher concerned,
(1) lawful dues and fees owing to the Philippine Public School Teachers Association, and (2)
premiums properly due on insurance policies, shall be considered deductible.
IV. HEALTH MEASURES AND INJURY BENEFITS
Sec. 22. Medical Examination and Treatment. Compulsory medical examination shall be provided
free of charge for all teachers before they take up teaching, and shall be repeated not less than
once a year during the teacher's professional life. Where medical examination show that med ical
treatment and/or hospitalization is necessary, same shall be provided free by the government
entity paying the salary of the teachers.
In regions where there is scarcity of medical facilities, teachers may obtain elsewhere the
necessary medical care with the right to be reimbursed for their traveling expenses by the
government entity concerned in the first paragraph of this Sec. .
Sec. 23. Compensation For Injuries. Teachers shall be protected against the consequences of
employment injuries in accordance with existing laws. The effects of the physical and nervous
strain on the teacher's health shall be recognized as a compensable occupational disease in
accordance with existing laws.
V. LEAVE AND RETIREMENT BENEFITS
Sec. 24. Study Leave. In addition to the leave privileges now enjoyed by teachers in the public
schools, they shall be entitled to study leave not exceeding one school year after seven years of
service. Such leave shall be granted in accordance with a schedule set by the Department of
Education. During the period of such leave, the teachers shall be entitled to at least sixty per
cent of their monthly salary: Provided, however, That no teacher shall be allowed to accumulate
more than one year study leave, unless he needs an additional semester to finish his thesis for a
graduate study in education or allied courses: Provided, further, That no compensation shall be
due the teacher after the first year of such leave. In all cases, the study leave period shall be
counted for seniority and pension purposes.
The compensation allowed for one year study leave as herein provided shall be subject to the
condition that the teacher takes the regular study load and passes at least seventy -five per cent
of his courses. Study leave of more than one year may b e permitted by the Secretary of
Education but without compensation.
Sec. 25. Indefinite Leave. An indefinite sick leave of absence shall be granted to teachers when
the nature of the illness demands a long treatment that will exceed one year at the least.
Sec. 26. Salary Increase upon Retirement. Public school teachers having fulfilled the age and
service requirements of the applicable retirement laws shall be given one range salary raise upon
retirement, which shall be the basis of the computation of the l ump sum of the retirement pay and
the monthly benefits thereafter.
VI. TEACHER'S ORGANIZATION
Sec. 27. Freedom to Organize. Public school teachers shall have the right to freely and without
previous authorization both to establish and to join organizations of their choosing, whether local
or national to further and defend their interests.
Sec. 28. Discrimination Against Teachers Prohibited. The rights established in the immediately
preceding Sec. shall be exercised without any interference or coercion. It s hall be unlawful for
any person to commit any acts of discrimination against teachers which are calculated to (a)
make the employment of a teacher subject to the condition that he shall not join an organization,
or shall relinquish membership in an organiz ation,
(b) to cause the dismissal of or otherwise prejudice a teacher by reason of his membership in an
organization or because of participation in organization activities outside school hours, or with
the consent of the proper school authorities, within s chool hours, and (c) to prevent him from
carrying out the duties laid upon him by his position in the organization, or to penalize him for an
action undertaken in that capacity.
Sec. 29. National Teacher's Organizations. National teachers' organizations sh all be consulted in
the formulation of national educational policies and professional standards, and in the
formulation of national policies governing the social security of the teachers.
VII. ADMINISTRATION AND ENFORCEMENT
Sec. 30. Rules and Regulations. The Secretary of Education shall formulate and prepare the
necessary rules and regulations to implement the provisions of this Act. Rules and regulations
issued pursuant to this Sec. shall take effect thirty days after publication in a newspaper of
general circulation and by such other means as the Secretary of Education deems reasonably
sufficient to give interested parties general notice of such issuance.
Sec. 31. Budgetary Estimates. The Secretary of Education shall submit to Congress annually the
necessary budgetary estimates to implement the provisions of the Act concerning the benefits
herein granted to public school teachers under the employ of the National Government.
Sec. 32. Penal Provision. A person who shall willfully interfere with, restrain or coerce any
teacher in the exercise of his rights guaranteed by this Act or who shall in any other manner
commit any act to defeat any of the provisions of this Act shall, upon conviction, be punished by
a fine of not less than one hundred pesos nor more th an one thousand pesos, or by
imprisonment, in the discretion of the court.
If the offender is a public official, the court shall order his dismissal from the Government
service.
Sec. 33. Repealing Clause. All Acts or parts of Acts, executive orders and the ir implementing
rules inconsistent with the provisions of this Act are hereby repealed, amended or modified
accordingly.
Sec. 34. Separability Clause. If any provision of this Act is declared invalid, the remainder of this
Act or any provisions not affecte d thereby shall remain in force and in effect.
Sec. 35. This Act shall take effect upon its approval.

IMPACT TO PRE-SERVICE TEACHER

The Magna Carta helps for Public School Teachers a lot to understand fully the rights of the teachers.
This act is very important to the public school teachers. It protects the rights of the teachers like the tenure of
office, academic freedom and other benefits. Some teachers are not privy to the provision of this code as this
is not discussed with them. Whenever question is arises as to the legality of any action of the teacher, this act
serves as their bases.
 CODE OF ETHICS FOR PROFESSIONAL TEACHERS

Resolution No. 435

Series of 1997

Pursuant to the provisions of Paragraph (e), Article II, of R.A. No. 7836, otherwise known as the “Philippines
Teachers Professionalization Act of 1994” and Paragraph (a), Section 6, P.D. No. 223, as amended, the Board for
Professional Teachers hereby adopts and promulgates the following “Code of Ethics for Professional Teachers”.

PREAMBLE

Teachers are duly licensed professionals who possess dignity and reputation with high moral values as well as
technical and professional competence. In the practice of their noble profession, they strictly adhere to, observe,
and practice this set of ethical and moral principles, standard, and values.

ARTICLE I – SCOPE AND LIMITATIONS

Section 1. The Philippine Constitution provides that all educational institution shall offer quality education for all
competent teachers committed of its full realization. The provision of this Code shall apply, therefore, to all teachers
in schools in the Philippines.

Section 2. This Code covers all public and private school teachers in all educational institutions at the preschool,
primary, elementary and secondary levels whether academic, vocational, special, technical, or non-formal. The
term “teacher” shall include industrial arts or vocational teachers and all other persons performing supervisory and
/or administrative functions in all school at the aforesaid levels, whether on full time or part-time basis.

ARTICLE II – THE TEACHER AND THE STATE

Section 1. The schools are the nurseries of the future citizens of the state: each teacher is a trustee of the cultural
and educational heritage of the nation and is under obligation to transmit to learners such heritage as well as to
elevate national morality, promote national pride, cultivate love of country, instill allegiance to the constitution and
for all duly constituted authorities, and promote obedience to the laws of the state.
Section 2. Every teacher or school official shall actively help carry out the declared policies of the state, and shall
take an oath to this effect.
Section 3. In the interest of the State and of the Filipino people as much as of his own, every teacher shall be
physically, mentally and morally fit.
Section 4. Every teacher shall possess and actualize a full commitment and devotion to duty.
Section 5. A teacher shall not engage in the promotion of any political, religious, or other partisan interest, and
shall not, directly or indirectly, solicit, require, collect, or receive any money or service or other valuable material
from any person or entity for such purposes
Section 6. Every teacher shall vote and shall exercise all other constitutional rights and responsibility.
Section 7. A teacher shall not use his position or facial authority or influence to coerce any other person to follow
any political course of action.
Section 8. Every teacher shall enjoy academic freedom and shall have privilege of expounding the product of his
researches and investigations: provided that, if the results are inimical to the declared policies of the State, they
shall be brought to the proper authorities for appropriate remedial action.
ARTICLE III – THE TEACHER AND THE COMMUNITY
Section 1. A teacher is a facilitator of learning and of the development of the youth: he shall, therefore, render the
best service by providing an environment conducive to such learning and growth.
Section 2. Every teacher shall provide leadership and initiative to actively participate in community movements for
moral, social, educational, economic and civic betterment.
Section 3. Every teacher shall merit reasonable social recognition for which purpose he shall behave with honor
and dignity at all times and refrain for such activities as gambling, smoking, drunkenness, and other excesses,
much less illicit relations.
Section 4. Every teacher shall live for and with the community and shall, therefore, study and understand local
customs and traditions in order to have sympathetic attitude, therefore, refrain from disparaging the community.
Section 5. Every teacher shall help the school keep the people in the community informed about the school’s
work and accomplishments as well as its needs and problems.
Section 6. Every teacher is intellectual leader in the community, especially in the barangay. and shall welcome
the opportunity to provide such leadership when needed, to extend counseling services, as appropriate, and to
actively be involved in matters affecting the welfare of the people.
Section 7. Every teacher shall maintain harmonious and pleasant personal and official relations with other
professionals, with government officials, and with the people, individually or collectively.
Section 8. A teacher possess freedom to attend church and worships as appropriate, but shall not use his
positions and influence to proselyte others.
 ARTICLE IV – A TEACHER AND THE PROFESSION
Section 1. Every teacher shall actively insure that teaching is the noblest profession, and shall manifest genuine
enthusiasm and pride in teaching as a noble calling.
Section 2. Every teacher shall uphold the highest possible standards of quality education, shall make the best
preparations for the career of teaching, and shall be at his best at all times and in the practice of his profession.
Section 3. Every teacher shall participate in the Continuing Professional Education (CPE) program of the
Professional Regulation Commission, and shall pursue such other studies as will improve his efficiency, enhance
the prestige of the profession, and strengthen his competence, virtues, and productivity in order to be nationally
and internationally competitive.
Section 4. Every teacher shall help, if duly authorized, to seek support from the school, but shall not make
improper misrepresentations through personal advertisements and other questionable means.
Section 5. Every teacher shall use the teaching profession in a manner that makes it dignified means for earning
a decent living.
ARTICLE V – THE TEACHERS AND THE PROFESSION
Section 1. Teacher shall, at all times, be imbued with the spirit of professional loyalty, mutual confidence, and
faith in one another, self-sacrifice for the common good, and full cooperation with colleagues. When the best
interest of the learners, the school, or the profession is at stake in any controversy, teacher shall support one
another.
Section 2. A teacher is not entitled to claim credit or work not of his own. and shall give due credit for the work of
others which he may use.
Section 3. Before leaving his position, a teacher shall organize for whoever assumes the position such records
and other data as are necessary to carry on the work.
Section 4. A teacher shall hold inviolate all confidential information concerning associates and the school, and
shall not divulge to anyone documents which has not been officially released, or remove records from the files
without permission.
Section 5. It shall be the responsibility of every teacher to seek correctives for what he may appear to be an
unprofessional and unethical conduct of any associates. However, this may be done only if there is incontrovertible
evidence for such conduct.
Section 6. A teacher may submit to the proper authorities any justifiable criticism against an associate, preferably
in writing, without violating the right of the individual concerned.
Section 7. A teacher may apply for a vacant position for which he is qualified: provided that he respects the
system of selection on the basis of merit and competence: provided, further, that all qualified candidates are given
the opportunity to be considered.
ARTICLE VI – THE TEACHER AND HIGHER AUTHORITIES IN THE
PROFESSIONS
Section 1. Every teacher shall make it his duties to make an honest effort to understand and support the
legitimate policies of the school and the administration regardless of personal feeling or private opinion and shall
faithfully carry them out.
Section 2. A teacher shall not make any false accusations or charges against superiors, especially under
anonymity. However, if there are valid charges, he should present such under oath to competent authority.
Section 3. A teacher shall transact all official business through channels except when special conditions warrant a
different procedure, such as when special conditions are advocated but are opposed by immediate superiors, in
which case, the teacher shall appeal directly to the appropriate higher authority.
Section 4. Every teacher, individually or as part of a group, has a right to seek redress against injustice to the
administration and to extent possible, shall raise grievances within acceptable democratic possesses. In doing so,
they shall avoid jeopardizing the interest and the welfare of learners who’s right to learn must be respected
Section 5. Every teacher has a right to invoke the principle that appointments, promotions, and transfer of
teachers are made only on the basis of merit and needed in the interest of the service.
Section 6. A teacher who accepts a position assumes a contractual obligation to live up to his contract, assuming
full knowledge of employment terms and conditions.

ARTICLE VII – SCHOOL OFFICIALS TEACHERS AND OTHER PERSONNEL

Section 1. All school officials shall at all times show professional courtesy, helpfulness and sympathy towards
teachers and other personnel, such practices being standards of effective school supervision, dignified
administration, responsible leadership and enlighten directions.
Section 2. School officials, teachers, and other school personnel shall consider it their cooperative responsibility
to formulate policies or introduce important changes in the system at all levels.
Section 3. School officials shall encourage and attend the professional growth of all teachers under them such as
recommending them for promotion, giving them due recognition for meritorious performance, and allowing them to
participate in conferences in training programs.
Section 4. No school officials shall dismiss or recommend for dismissal a teacher or other subordinates except for
cause.
Section 5. School authorities concern shall ensure that public school teachers are employed in accordance with
pertinent civil service rules, and private school teachers are issued contracts specifying the terms and conditions of
their work: provided that they are given, if qualified, subsequent permanent tenure, in accordance with existing
laws.
ARTICLE VIII – THE TEACHERS AND LEARNERS
Section 1. A teacher has a right and duty to determine the academic marks and the promotions of learners in the
subject or grades he handles, such determination shall be in accordance with generally accepted procedures of
evaluation and measurement. In case of any complaint, teachers concerned shall immediately take appropriate
actions, of serving due process.
Section 2. A teacher shall recognize that the interest and welfare of learners are of first and foremost concerns,
and shall deal justifiably and impartially with each of them.
Section 3. Under no circumstance shall a teacher be prejudiced nor discriminated against by the learner.
Section 4. A teacher shall not accept favors or gifts from learners, their parents or others in their behalf in
exchange for requested concessions, especially if undeserved.
Section 5. A teacher shall not accept, directly or indirectly, any remuneration from tutorials other what is
authorized for such service.
Section 6. A teacher shall base the evaluation of the learner’s work only in merit and quality of academic
performance.
Section 7. In a situation where mutual attraction and subsequent love develop between teacher and learner, the
teacher shall exercise utmost professional discretion to avoid scandal, gossip and preferential treatment of the
learner.
Section 8. A teacher shall not inflict corporal punishment on offending learners nor make deductions from their
scholastic ratings as a punishment for acts which are clearly not manifestation of poor scholarship.
Section 9. A teacher shall ensure that conditions contribute to the maximum development of learners are
adequate, and shall extend needed assistance in preventing or solving learner’s problems and difficulties.
ARTICLE IX – THE TEACHERS AND PARENTS
Section 1. Every teacher shall establish and maintain cordial relations with parents, and shall conduct himself to
merit their confidence and respect.
Section 2. Every teacher shall inform parents, through proper authorities, of the progress and deficiencies of
learner under him exercising utmost candor and tact in pointing out learners deficiencies and in seeking parent’s
cooperation for the proper guidance and improvement of the learners.
Section 3. A teacher shall hear parent’s complaints with sympathy and understanding, and shall discourage unfair
criticism.
ARTICLE X – THE TEACHER AND BUSINESS
Section 1. A teacher has the right to engage, directly or indirectly, in legitimate income generation: provided that it
does not relate to or adversely affect his work as a teacher.
Section 2. A teacher shall maintain a good reputation with respect to the financial matters such as in the
settlement of his debts and loans in arranging satisfactorily his private financial affairs.
Section 3. No teacher shall act, directly or indirectly, as agent of, or be financially interested in. any commercial
venture which furnish textbooks and other school commodities in the purchase and disposal of which he can
exercise official influence, except only when his assignment is inherently, related to such purchase and disposal:
provided they shall be in accordance with the existing regulations: provided, further, that members of duly
recognized teachers cooperatives may participate in the distribution and sale of such commodities.
ARTICLE XI – THE TEACHER AS A PERSON
Section 1. A teacher is, above all, a human being endowed with life for which it is the highest obligation to live
with dignity at all times whether in school, in the home, or elsewhere.
Section 2. A teacher shall place premium upon self-discipline as the primary principles of personal behavior in all
relationships with others and in all situations.
Section 3. A teacher shall maintain at all times a dignified personality which could serve as a model worthy of
emulation by learners, peers and all others.
Section 4. A teacher shall always recognize the Almighty God as guide of his own destiny and of the destinies of
men and nations.
ARTICLE XII – DISCIPLINARY ACTIONS
Section 1. Any violation of any provisions of this code shall be sufficient ground for the imposition against the
erring teacher of the disciplinary action consisting of revocation of his Certification of Registration and License as a
Professional Teacher, suspension from the practice of teaching profession, reprimand or cancellation of his
temporary/special permit under causes specified in Sec. 23. Article HI or R.A. No. 7836. and under Rule 31. Article
VIII of the Rules and Regulations Implementing R.A. 7836.
ARTICLE XIII – EFFECTIVITY
Section 1. This Code shall take effect upon approval by the Professional Regulation Commission and after sixty
(60) days following its publication in the official Gazette or any newspaper of general circulation, whichever is
earlier.

IMPACT TO PRE-SERVICE TEACHER

Teachers help students learn the academic basics, but they also teach valuable life
lessons by setting a positive example. As role models, teachers must follow a professional
code of ethics. This ensures that students receive a fair, honest and uncompromising
education. A professional code of ethics outlines teachers' main responsibilities to their
students and defines their role in students' lives. Above all, teachers must demonstrate
integrity, impartiality and ethical behavior in the classroom and in their conduct with parents
and coworkers.
Teachers must model strong character traits, such as perseverance, honesty,
respect, lawfulness, patience, fairness, responsibility and unity. As a teacher, you must treat
every student with kindness, equality and respect, without showing favoritism, prejudice or
partiality. You must maintain confidentiality unless a situation warrants involvement from
parents, school administration or law enforcement, and never use relationships with
students for personal gain.
Teachers must wholly commit to the teaching profession. Your classroom should
promote safety, security and acceptance, always avoiding any form of bullying, hostility,
dishonesty, neglect or offensive conduct. You must accurately describe your qualifications,
credentials and licenses to school boards or principals who seek to hire you. You must also
fulfill all contracts; obey school policies; and account for all funds and resources at your
disposal. It's your responsibility to design lesson plans to meet state standards and create a
well-rounded education plan that appeals to a wide range of learners.
Professional code of conduct demands attentiveness to continuing education
requirements and career development. You must research new teaching methods, attend
classes to maintain your certifications, consult colleagues for professional advice,
 THE 1987 CONSTITUTION

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 subsection 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.
ARTS AND CULTURE
Section 14. The State shall foster the preservation, enrichment, and dynamic evolution of a Filipino national culture
based on the principle of unity in diversity in a climate of free artistic and intellectual expression.
Section 15. Arts and letters shall enjoy the patronage of the State. The State shall conserve, promote, and
popularize the nation's historical and cultural heritage and resources, as well as artistic creations.
Section 16. All the country's artistic and historic wealth constitutes the cultural treasure of the nation and shall be
under the protection of the State which may regulate its disposition.
Section 17. The State shall recognize, respect, and protect the rights of indigenous cultural communities to
preserve and develop their cultures, traditions, and institutions. It shall consider these rights in the formulation of
national plans and policies.
Section 18. (1) The State shall ensure equal access to cultural opportunities through the educational system, public
or private cultural entities, scholarships, grants and other incentives, and community cultural centers, and other
public venues.
(2) The State shall encourage and support researches and studies on the arts and culture.

LANGUAGE
Section 6. The national language of the Philippines is Filipino. As it evolves, it shall be further developed and
enriched on the basis of existing Philippine and other languages.
Subject to provisions of law and as the Congress may deem appropriate, the Government shall take steps to
initiate and sustain the use of Filipino as a medium of official communication and as language of instruction in the
educational system.
Section 7. For purposes of communication and instruction, the official languages of the Philippines are Filipino and,
until otherwise provided by law, English.
The regional languages are the auxiliary official languages in the regions and shall serve as auxiliary media of
instruction therein.
Spanish and Arabic shall be promoted on a voluntary and optional basis
Section 8. This Constitution shall be promulgated in Filipino and English and shall be translated into major regional
languages, Arabic, and Spanish.
Section 9. The Congress shall establish a national language commission composed of representatives of various
regions and disciplines which shall undertake, coordinate, and promote researches for the development,
propagation, and preservation of Filipino and other languages.
SCIENCE AND TECHNOLOGY
Section 10. Science and technology are essential for national development and progress. The State shall give
priority to research and development, invention, innovation, and their utilization; and to science and technology
education, training, and services. It shall support indigenous, appropriate, and self-reliant scientific and
technological capabilities, and their application to the country's productive systems and national life.
Section 11. The Congress may provide for incentives, including tax deductions, to encourage private participation
in programs of basic and applied scientific research. Scholarships, grants-in-aid, or other forms of incentives shall
be provided to deserving science students, researchers, scientists, inventors, technologists, and specially gifted
citizens.
Section 12. The State shall regulate the transfer and promote the adaptation of technology from all sources for the
national benefit. It shall encourage the widest participation of private groups, local governments, and community-
based organizations in the generation and utilization of science and technology.
Section 13. The State shall protect and secure the exclusive rights of scientists, inventors, artists, and other gifted
citizens to their intellectual property and creations, particularly when beneficial to the people, for such period as
may be provided by law.
SPORTS
Section 19. (1) The State shall promote physical education and encourage sports programs, league competitions,
and amateur sports, including training for international competitions, to foster self-discipline, teamwork, and
excellence for the development of a healthy and alert citizenry.

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

IMPACT TO PRE-SERVICE TEACHER

The 1987 constitution article xiv: education, science and technology, arts, culture and sports provides
quality education accessible to all, complete, adequate, and integrated relevant education, free
public education in the elementary and high school level, scholarship grants, loans, subsidies
and other incentives to deserving students in both private and public schools, non-formal,
formal, and indigenous learning systems, vocational training to adults, disabled and out of school
youth, study of the constitution, study of values E.g. Patriotism, 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,
etc .optional religious instruction in public schools, supervision and regulation of all schools, control
and administration of schools by Filipinos, exemption from taxes and duties, academic
freedom in institutions in higher learning, Assigning highest budget priority to education and
National language is Filipino.
 BATAS PAMBANSA BLG. 232

(An Act Providing for the Establishment and Maintenance of an Integrated System of Education)

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

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 cocurricular.
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 a 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. S
ECTION 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 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 postsecondary 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.

IMPACT TO PRE-SERVICE TEACHER

Batas Pambansa Blg. 232, or better known as the Education Act of 1982 provides the latest
and more specific provision on rights, duties and parents relation to education.
The provisions under Rule 11 and 111 of the law will enhance further the promotion of
discipline in the educational communities. The fact that the duties and responsibilities of the different
education personnel including parents are explicitly spelled out, it is hoped that there will be better
coordination and support among school administrators, teaching staff, students and parents.
Pursuant to Batas Pambansa No. 232, the MECS Order 61,s., 1985 dated October 2 &8,
1985 was issued to the field to provide specific rules and regulations concerning student organization
and their activities within their school campuses. Among others, the order aims to promote, enhance
and ensure the maintenance of a safe and orderly environment in school campuses, conducive to the
effective teaching and learning: to foster the spirit of shared purpose and cooperation among the
members and elements of the educational community and other sectors of society and to enhance the
capability of school to maintenance proper behavior and conduct among members of the educational
community particularly the students.
REPUBLIC ACT NO. 7610

AN ACT PROVIDING FOR STRONGER DETERRENCE AND SPECIAL PROTECTION AGAINST CHILD
ABUSE, EXPLOITATION AND DISCRIMINATION, AND FOR OTHER PURPOSES

Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembled:
ARTICLE I
Title, Policy, Principles and Definitions of Terms
Section 1. Title. – This Act shall be known as the "Special Protection of Children Against Abuse, Exploitation
and Discrimination Act."
Sec. 2. Declaration of State Policy and Principles. – It is hereby declared to be the policy of the State to provide
special protection to children from all firms of abuse, neglect, cruelty exploitation and discrimination and other
conditions, prejudicial their development; provide sanctions for their commission and carry out a program for
prevention and deterrence of and crisis intervention in situations of child abuse, exploitation and discrimination. The
State shall intervene on behalf of the child when the parent, guardian, teacher or person having care or custody of
the child fails or is unable to protect the child against abuse, exploitation and discrimination or when such acts
against the child are committed by the said parent, guardian, teacher or person having care and custody of the
same.
It shall be the policy of the State to protect and rehabilitate children gravely threatened or endangered by
circumstances which affect or will affect their survival and normal development and over which they have no
control.
The best interests of children shall be the paramount consideration in all actions concerning them, whether
undertaken by public or private social welfare institutions, courts of law, administrative authorities, and legislative
bodies, consistent with the principle of First Call for Children as enunciated in the United Nations Convention of the
Rights of the Child. Every effort shall be exerted to promote the welfare of children and enhance their opportunities
for a useful and happy life.
Sec. 3. Definition of Terms:
(a) "Children" refers to person below eighteen (18) years of age or those over but are unable to fully take care of
themselves or protect themselves from abuse, neglect, cruelty, exploitation or discrimination because of a physical
or mental disability or condition;
(b) "Child abuse" refers to the maltreatment, whether habitual or not, of the child which includes any of the
following:
(1) Psychological and physical abuse, neglect, cruelty, sexual abuse and emotional maltreatment;
(2) Any act by deeds or words which debases, degrades or demeans the intrinsic worth and dignity of a child as a
human being;
(3) Unreasonable deprivation of his basic needs for survival, such as food and shelter; or
(4) Failure to immediately give medical treatment to an injured child resulting in serious impairment of his growth
and development or in his permanent incapacity or death
(c) "Circumstances which gravely threaten or endanger the survival and normal development of children" include,
but are not limited to, the following;
(1) Being in a community where there is armed conflict or being affected by armed conflict-related activities;
(2) Working under conditions hazardous to life, safety and normal which unduly interfere with their normal
development;
(3) Living in or fending for themselves in the streets of urban or rural areas without the care of parents or a
guardian or basic services needed for a good quality of life;
(4) Being a member of a indigenous cultural community and/or living under conditions of extreme poverty or in an
area which is underdeveloped and/or lacks or has inadequate access to basic services needed for a good quality of
life;
(5) Being a victim of a man-made or natural disaster or calamity; or
(6) Circumstances analogous to those above stated which endanger the life, safety or normal development of
children.
(d) "Comprehensive program against child abuse, exploitation and discrimination" refers to the coordinated
program of services and facilities to protected children against:
(1) Child Prostitution and other sexual abuse;
(2) Child trafficking;
(3) Obscene publications and indecent shows;
(4) Other acts of abuses; and
(5) Circumstances which threaten or endanger the survival and normal development of children.
ARTICLE II
Program on Child Abuse, Exploitation and Discrimination
Sec. 4. Formulation of the Program. – There shall be a comprehensive program to be formulated, by the
Department of Justice and the Department of Social Welfare and Development in coordination with other
government agencies and private sector concerned, within one (1) year from the effectivity of this Act, to protect
children against child prostitution and other sexual abuse; child trafficking, obscene publications and indecent
shows; other acts of abuse; and circumstances which endanger child survival and normal development.
ARTICLE III
Child Prostitution and Other Sexual Abuse
Sec. 5. Child Prostitution and Other Sexual Abuse. – Children, whether male or female, who for money, profit,
or any other consideration or due to the coercion or influence of any adult, syndicate or group, indulge in sexual
intercourse or lascivious conduct, are deemed to be children exploited in prostitution and other sexual abuse.
The penalty of reclusion temporal in its medium period to reclusion perpetua shall be imposed upon the following:
(a) Those who engage in or promote, facilitate or induce child prostitution which include, but are not limited to, the
following:
(1) Acting as a procurer of a child prostitute;
(2) Inducing a person to be a client of a child prostitute by means of written or oral advertisements or other similar
means;
(3) Taking advantage of influence or relationship to procure a child as prostitute;
(4) Threatening or using violence towards a child to engage him as a prostitute; or
(5) Giving monetary consideration goods or other pecuniary benefit to a child with intent to engage such child in
prostitution.
(b) Those who commit the act of sexual intercourse of lascivious conduct with a child exploited in prostitution or
subject to other sexual abuse; Provided, That when the victims is under twelve (12) years of age, the perpetrators
shall be prosecuted under Article 335, paragraph 3, for rape and Article 336 of Act No. 3815, as amended, the
Revised Penal Code, for rape or lascivious conduct, as the case may be: Provided, That the penalty for lascivious
conduct when the victim is under twelve (12) years of age shall be reclusion temporal in its medium period; and
(c) Those who derive profit or advantage therefrom, whether as manager or owner of the establishment where the
prostitution takes place, or of the sauna, disco, bar, resort, place of entertainment or establishment serving as a
cover or which engages in prostitution in addition to the activity for which the license has been issued to said
establishment.
Sec. 6. Attempt To Commit Child Prostitution. – There is an attempt to commit child prostitution under Sec. 5,
paragraph (a) hereof when any person who, not being a relative of a child, is found alone with the said child inside
the room or cubicle of a house, an inn, hotel, motel, pension house, apartelle or other similar establishments,
vessel, vehicle or any other hidden or secluded area under circumstances which would lead a reasonable person to
believe that the child is about to be exploited in prostitution and other sexual abuse.
There is also an attempt to commit child prostitution, under paragraph (b) of Sec. 5 hereof when any person is
receiving services from a child in a sauna parlor or bath, massage clinic, health club and other similar
establishments. A penalty lower by two (2) degrees than that prescribed for the consummated felony under Sec. 5
hereof shall be imposed upon the principals of the attempt to commit the crime of child prostitution under this Act,
or, in the proper case, under the Revised Penal Code.
ARTICLE IV
Child Trafficking
Sec. 7. Child Trafficking. – Any person who shall engage in trading and dealing with children including, but not
limited to, the act of buying and selling of a child for money, or for any other consideration, or barter, shall suffer the
penalty of reclusion temporal to reclusion perpetua. The penalty shall be imposed in its maximum period when the
victim is under twelve (12) years of age.
Sec. 8. Attempt to Commit Child Trafficking. – There is an attempt to commit child trafficking under Sec. 7 of this
Act:
(a) When a child travels alone to a foreign country without valid reason therefor and without clearance issued by
the Department of Social Welfare and Development or written permit or justification from the child's parents or legal
guardian;
(c) When a person, agency, establishment or child-caring institution recruits women or couples to bear children for
the purpose of child trafficking; or
(d) When a doctor, hospital or clinic official or employee, nurse, midwife, local civil registrar or any other person
simulates birth for the purpose of child trafficking; or
(e) When a person engages in the act of finding children among low-income families, hospitals, clinics, nurseries,
day-care centers, or other child-during institutions who can be offered for the purpose of child trafficking.
A penalty lower two (2) degrees than that prescribed for the consummated felony under Sec. 7 hereof shall be
imposed upon the principals of the attempt to commit child trafficking under this Act.
ARTICLE V
Obscene Publications and Indecent Shows
Sec. 9. Obscene Publications and Indecent Shows. – Any person who shall hire, employ, use, persuade, induce
or coerce a child to perform in obscene exhibitions and indecent shows, whether live or in video, or model in
obscene publications or pornographic materials or to sell or distribute the said materials shall suffer the penalty of
prision mayor in its medium period.
If the child used as a performer, subject or seller/distributor is below twelve (12) years of age, the penalty shall be
imposed in its maximum period.
Any ascendant, guardian, or person entrusted in any capacity with the care of a child who shall cause and/or allow
such child to be employed or to participate in an obscene play, scene, act, movie or show or in any other acts
covered by this section shall suffer the penalty of prision mayor in its medium period.
ARTICLE VI
Other Acts of Abuse
Sec. 10. Other Acts of Neglect, Abuse, Cruelty or Exploitation and Other Conditions Prejudicial to the
Child's Development. –
(a) Any person who shall commit any other acts of child abuse, cruelty or exploitation or to be responsible for other
conditions prejudicial to the child's development including those covered by Article 59 of Presidential Decree No.
603, as amended, but not covered by the Revised Penal Code, as amended, shall suffer the penalty of prision
mayor in its minimum period.
(b) Any person who shall keep or have in his company a minor, twelve (12) years or under or who in ten (10) years
or more his junior in any public or private place, hotel, motel, beer joint, discotheque, cabaret, pension house,
sauna or massage parlor, beach and/or other tourist resort or similar places shall suffer the penalty of prision mayor
in its maximum period and a fine of not less than Fifty thousand pesos (P50,000): Provided, That this provision
shall not apply to any person who is related within the fourth degree of consanguinity or affinity or any bond
recognized by law, local custom and tradition or acts in the performance of a social, moral or legal duty.
(c) Any person who shall induce, deliver or offer a minor to any one prohibited by this Act to keep or have in his
company a minor as provided in the preceding paragraph shall suffer the penalty of prision mayor in its medium
period and a fine of not less than Forty thousand pesos (P40,000); Provided, however, That should the perpetrator
be an ascendant, stepparent or guardian of the minor, the penalty to be imposed shall be prision mayor in its
maximum period, a fine of not less than Fifty thousand pesos (P50,000), and the loss of parental authority over the
minor.
(d) Any person, owner, manager or one entrusted with the operation of any public or private place of
accommodation, whether for occupancy, food, drink or otherwise, including residential places, who allows any
person to take along with him to such place or places any minor herein described be imposed a penalty of prision
mayor in its medium period and a fine of not less than Fifty thousand pesos (P50,000), and the loss of the license
to operate such a place or establishment.
(e) Any person who shall use, coerce, force or intimidate a street child or any other child to;
(1) Beg or use begging as a means of living;
(2) Act as conduit or middlemen in drug trafficking or pushing; or
(3) Conduct any illegal activities, shall suffer the penalty of prison correctional in its medium period to reclusion
perpetua.
For purposes of this Act, the penalty for the commission of acts punishable under Articles 248, 249, 262, paragraph
2, and 263, paragraph 1 of Act No. 3815, as amended, the Revised Penal Code, for the crimes of murder,
homicide, other intentional mutilation, and serious physical injuries, respectively, shall be reclusion perpetua when
the victim is under twelve (12) years of age. The penalty for the commission of acts punishable under Article 337,
339, 340 and 341 of Act No. 3815, as amended, the Revised Penal Code, for the crimes of qualified seduction, acts
of lasciviousness with the consent of the offended party, corruption of minors, and white slave trade, respectively,
shall be one (1) degree higher than that imposed by law when the victim is under twelve (12) years age.
The victim of the acts committed under this section shall be entrusted to the care of the Department of Social
Welfare and Development.
ARTICLE VII
Sanctions for Establishments or Enterprises
Sec. 11. Sanctions of Establishments or Enterprises which Promote, Facilitate, or Conduct Activities
Constituting Child Prostitution and Other Sexual Abuse, Child Trafficking, Obscene Publications and
Indecent Shows, and Other Acts of Abuse. – All establishments and enterprises which promote or facilitate child
prostitution and other sexual abuse, child trafficking, obscene publications and indecent shows, and other acts of
abuse shall be immediately closed and their authority or license to operate cancelled, without prejudice to the
owner or manager thereof being prosecuted under this Act and/or the Revised Penal Code, as amended, or special
laws. A sign with the words "off limits" shall be conspicuously displayed outside the establishments or enterprises
by the Department of Social Welfare and Development for such period which shall not be less than one (1) year, as
the Department may determine. The unauthorized removal of such sign shall be punishable by prision correccional.
An establishment shall be deemed to promote or facilitate child prostitution and other sexual abuse, child
trafficking, obscene publications and indecent shows, and other acts of abuse if the acts constituting the same
occur in the premises of said establishment under this Act or in violation of the Revised Penal Code, as amended.
An enterprise such as a sauna, travel agency, or recruitment agency which: promotes the aforementioned acts as
part of a tour for foreign tourists; exhibits children in a lewd or indecent show; provides child masseurs for adults of
the same or opposite sex and said services include any lascivious conduct with the customers; or solicits children
or activities constituting the aforementioned acts shall be deemed to have committed the acts penalized herein.
ARTICLE VIII
Working Children
Sec. 12. Employment of Children. – Children below fifteen (15) years of age may be employed except:
(1) When a child works directly under the sole responsibility of his parents or legal guardian and where only
members of the employer's family are employed: Provided, however, That his employment neither endangers his
life, safety and health and morals, nor impairs his normal development: Provided, further, That the parent or legal
guardian shall provide the said minor child with the prescribed primary and/or secondary education; or
(2) When a child's employment or participation in public & entertainment or information through cinema, theater,
radio or television is essential: Provided, The employment contract concluded by the child's parent or guardian, with
the express agreement of the child concerned, if possible, and the approval of the Department of Labor and
Employment: Provided, That the following requirements in all instances are strictly complied with:
(a) The employer shall ensure the protection, health, safety and morals of the child;
(b) the employer shall institute measures to prevent the child's exploitation or discrimination taking into account the
system and level of remuneration, and the duration and arrangement of working time; and
(c) The employer shall formulate and implement, subject to the approval and supervision of competent authorities,
a continuing program for training and skill acquisition of the child.
In the above exceptional cases where any such child may be employed, the employer shall first secure, before
engaging such child, a work permit from the Department of Labor and Employment which shall ensure observance
of the above requirement.
The Department of Labor Employment shall promulgate rules and regulations necessary for the effective
implementation of this Sec.
Sec. 13. Non-formal Education for Working Children. – The Department of Education, Culture and Sports shall
promulgate a course design under its non-formal education program aimed at promoting the intellectual, moral and
vocational efficiency of working children who have not undergone or finished elementary or secondary education.
Such course design shall integrate the learning process deemed most effective under given circumstances.
Sec. 14. Prohibition on the Employment of Children in Certain Advertisements. – No person shall employ
child models in all commercials or advertisements promoting alcoholic beverages, intoxicating drinks, tobacco and
its byproducts and violence.
Sec. 15. Duty of Employer. – Every employer shall comply with the duties provided for in Articles 108 and 109 of
Presidential Decree No. 603.
Sec. 16. Penalties. – Any person who shall violate any provision of this Article shall suffer the penalty of a fine of
not less than One thousand pesos (P1,000) but not more than Ten thousand pesos (P10,000) or imprisonment of
not less than three (3) months but not more than three (3) years, or both at the discretion of the court; Provided,
That, in case of repeated violations of the provisions of this Article, the offender's license to operate shall be
revoked.
ARTICLE IX
Children of Indigenous Cultural Communities
Sec. 17. Survival, Protection and Development. – In addition to the rights guaranteed to children under this Act
and other existing laws, children of indigenous cultural communities shall be entitled to protection, survival and
development consistent with the customs and traditions of their respective communities.
Sec. 18. System of and Access to Education. – The Department of Education, Culture and Sports shall develop
and institute an alternative system of education for children of indigenous cultural communities which culture-
specific and relevant to the needs of and the existing situation in their communities. The Department of Education,
Culture and Sports shall also accredit and support non-formal but functional indigenous educational programs
conducted by non-government organizations in said communities.
Sec. 19. Health and Nutrition. – The delivery of basic social services in health and nutrition to children of
indigenous cultural communities shall be given priority by all government agencies concerned. Hospitals and other
health institution shall ensure that children of indigenous cultural communities are given equal attention. In the
provision of health and nutrition services to children of indigenous cultural communities, indigenous health practices
shall be respected and recognized.
Sec. 20. Discrimination. – Children of indigenous cultural communities shall not be subjected to any and all forms
of discrimination.
Any person who discriminate against children of indigenous cultural communities shall suffer a penalty of arresto
mayor in its maximum period and a fine of not less than Five thousand pesos (P5,000) more than Ten thousand
pesos (P10,000).
Sec. 21. Participation. – Indigenous cultural communities, through their duly-designated or appointed
representatives shall be involved in planning, decision-making implementation, and evaluation of all government
programs affecting children of indigenous cultural communities. Indigenous institution shall also be recognized and
respected.
ARTICLE X
Children in Situations of Armed Conflict
Sec. 22. Children as Zones of Peace. – Children are hereby declared as Zones of Peace. It shall be the
responsibility of the State and all other sectors concerned to resolve armed conflicts in order to promote the goal of
children as zones of peace. To attain this objective, the following policies shall be observed.
(a) Children shall not be the object of attack and shall be entitled to special respect. They shall be protected from
any form of threat, assault, torture or other cruel, inhumane or degrading treatment;
(b) Children shall not be recruited to become members of the Armed Forces of the Philippines of its civilian units or
other armed groups, nor be allowed to take part in the fighting, or used as guides, couriers, or spies;
(c) Delivery of basic social services such as education, primary health and emergency relief services shall be kept
unhampered;
(d) The safety and protection of those who provide services including those involved in fact-finding missions from
both government and non-government institutions shall be ensured. They shall not be subjected to undue
harassment in the performance of their work;
(e) Public infrastructure such as schools, hospitals and rural health units shall not be utilized for military purposes
such as command posts, barracks, detachments, and supply depots; and
(f) All appropriate steps shall be taken to facilitate the reunion of families temporarily separated due to armed
conflict.
Sec. 23. Evacuation of Children During Armed Conflict. – Children shall be given priority during evacuation as a
result of armed conflict. Existing community organizations shall be tapped to look after the safety and well-being of
children during evacuation operations. Measures shall be taken to ensure that children evacuated are accompanied
by persons responsible for their safety and well-being.
Sec. 24. Family Life and Temporary Shelter. – Whenever possible, members of the same family shall be housed
in the same premises and given separate accommodation from other evacuees and provided with facilities to lead
a normal family life. In places of temporary shelter, expectant and nursing mothers and children shall be given
additional food in proportion to their physiological needs. Whenever feasible, children shall be given opportunities
for physical exercise, sports and outdoor games. library
Sec. 25. Rights of Children Arrested for Reasons Related to Armed Conflict. – Any child who has been
arrested for reasons related to armed conflict, either as combatant, courier, guide or spy is entitled to the following
rights;
(a) Separate detention from adults except where families are accommodated as family units;
(b) Immediate free legal assistance;
(c) Immediate notice of such arrest to the parents or guardians of the child; and
(d) Release of the child on recognizance within twenty-four (24) hours to the custody of the Department of Social
Welfare and Development or any responsible member of the community as determined by the court.
If after hearing the evidence in the proper proceedings the court should find that the aforesaid child committed the
acts charged against him, the court shall determine the imposable penalty, including any civil liability chargeable
against him. However, instead of pronouncing judgment of conviction, the court shall suspend all further
proceedings and shall commit such child to the custody or care of the Department of Social Welfare and
Development or to any training institution operated by the Government, or duly-licensed agencies or any other
responsible person, until he has had reached eighteen (18) years of age or, for a shorter period as the court may
deem proper, after considering the reports and recommendations of the Department of Social Welfare and
Development or the agency or responsible individual under whose care he has been committed.
The aforesaid child shall subject to visitation and supervision by a representative of the Department of Social
Welfare and Development or any duly-licensed agency or such other officer as the court may designate subject to
such conditions as it may prescribe.
The aforesaid child whose sentence is suspended can appeal from the order of the court in the same manner as
appeals in criminal cases.
Sec. 26. Monitoring and Reporting of Children in Situations of Armed Conflict. – The chairman of the
barangay affected by the armed conflict shall submit the names of children residing in said barangay to the
municipal social welfare and development officer within twenty-four (24) hours from the occurrence of the armed
conflict.
ARTICLE XI
Remedial Procedures
Sec. 27. Who May File a Complaint. – Complaints on cases of unlawful acts committed against the children as
enumerated herein may be filed by the following:
(a) Offended party;
(b) Parents or guardians;
(c) Ascendant or collateral relative within the third degree of consanguinity;
(d) Officer, social worker or representative of a licensed child-caring institution;
(e) Officer or social worker of the Department of Social Welfare and Development;
(f) Barangay chairman; or
(g) At least three (3) concerned responsible citizens where the violation occurred.
Sec. 28. Protective Custody of the Child. – The offended party shall be immediately placed under the protective
custody of the Department of Social Welfare and Development pursuant to Executive Order No. 56, series of 1986.
In the regular performance of this function, the officer of the Department of Social Welfare and Development shall
be free from any administrative, civil or criminal liability. Custody proceedings shall be in accordance with the
provisions of Presidential Decree No. 603. library
Sec. 29. Confidentiality. – At the instance of the offended party, his name may be withheld from the public until
the court acquires jurisdiction over the case.
It shall be unlawful for any editor, publisher, and reporter or columnist in case of printed materials, announcer or
producer in case of television and radio broadcasting, producer and director of the film in case of the movie
industry, to cause undue and sensationalized publicity of any case of violation of this Act which results in the moral
degradation and suffering of the offended party.
Sec. 30. Special Court Proceedings. – Cases involving violations of this Act shall be heard in the chambers of the
judge of the Regional Trial Court duly designated as Juvenile and Domestic Court.
Any provision of existing law to the contrary notwithstanding and with the exception of habeas corpus, election
cases, and cases involving detention prisoners and persons covered by Republic Act No. 4908, all courts shall give
preference to the hearing or disposition of cases involving violations of this Act.
ARTICLE XII
Common Penal Provisions
Sec. 31. Common Penal Provisions.
(a) The penalty provided under this Act shall be imposed in its maximum period if the offender has been previously
convicted under this Act;
(b) When the offender is a corporation, partnership or association, the officer or employee thereof who is
responsible for the violation of this Act shall suffer the penalty imposed in its maximum period;
(c) The penalty provided herein shall be imposed in its maximum period when the perpetrator is an ascendant,
parent guardian, stepparent or collateral relative within the second degree of consanguinity or affinity, or a manager
or owner of an establishment which has no license to operate or its license has expired or has been revoked;
(d) When the offender is a foreigner, he shall be deported immediately after service of sentence and forever barred
from entry to the country;
(e) The penalty provided for in this Act shall be imposed in its maximum period if the offender is a public officer or
employee: Provided, however, That if the penalty imposed is reclusion perpetua or reclusion temporal, then the
penalty of perpetual or temporary absolute disqualification shall also be imposed: Provided, finally, That if the
penalty imposed is prision correccional or arresto mayor, the penalty of suspension shall also be imposed; and
(f) A fine to be determined by the court shall be imposed and administered as a cash fund by the Department of
Social Welfare and Development and disbursed for the rehabilitation of each child victim, or any immediate
member of his family if the latter is the perpetrator of the offense.
ARTICLE XIII
Final Provisions
Sec. 32. Rules and Regulations. – Unless otherwise provided in this Act, the Department of Justice, in
coordination with the Department of Social Welfare and Development, shall promulgate rules and regulations of the
effective implementation of this Act.
Such rules and regulations shall take effect upon their publication in two (2) national newspapers of general
circulation.
Sec. 33. Appropriations. – The amount necessary to carry out the provisions of this Act is hereby authorized to be
appropriated in the General Appropriations Act of the year following its enactment into law and thereafter.
Sec. 34. Separability Clause. – If any provision of this Act is declared invalid or unconstitutional, the remaining
provisions not affected thereby shall continue in full force and effect.
Sec. 35. Repealing Clause. – All laws, decrees, or rules inconsistent with the provisions of this Acts are hereby
repealed or modified accordingly.
Sec. 36. Effectivity Clause. – This Act shall take effect upon completion of its publication in at least two (2)
national newspapers of general circulation.

IMPACT TO PRE-SERVICE TEACHER

Children can be subjected to neglect, abuse, violence and exploitation anywhere. There is
some abuse that may happen inside the school premises, while a lot of it is what children suffer at
home and in non-school environments. A child in your class may be a victim of
violence/abuse/exploitation that happens outside the school. As a teacher, you cannot ignore it rather
you must help the child. The act of RA 7610 serves as a guiding force for teachers to identify the
problems and to help understand it in exploring possible solutions.
Always remember that your duty to protect children does not come to an end once you are out of the
 REPUBLIC ACT NO. 7877

AN ACT DECLARING SEXUAL HARASSMENT UNLAWFUL IN THE EMPLOYMENT, EDUCATION OR

TRAINING ENVIRONMENT, AND FOR OTHER PURPOSES

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

SECTION 1. Title. - This Act shall be known as the "Anti-Sexual Harassment Act of 1995."

SECTION 2. Declaration of Policy. - The State shall value the dignity of every individual, enhance the
development of its human resources, guarantee full respect for human rights, and uphold the dignity of workers,
employees, applicants for employment, students or those undergoing training, instruction or education. Towards
this end, all forms of sexual harassment in the employment, education or training environment are hereby declared
unlawful.

SECTION 3. Work, Education or Training -Related, Sexual Harassment Defined. - Work, education or training-
related sexual harassment is committed by an employer, employee, manager, supervisor, agent of the
employer,teacher, instructor, professor, coach, trainor, or any other person who, having authority, influence or
moral ascendancy over another in a work or training or education environment, demands, requests or otherwise
requires any sexual favor from the other, regardless of whether the demand, request or requirement for
submission is accepted by the object of said Act.

(a) In a work-related or employment environment, sexual harassment is committed when:

 (1) The sexual favor is made as a condition in the hiring or in the employment, re-employment or continued
employment of said individual, or in granting said individual favorable compensation, terms of conditions,
promotions, or privileges; or the refusal to grant the sexual favor results in limiting, segregating or classifying the
employee which in any way would discriminate, deprive or diminish employment opportunities or otherwise
adversely affect said employee;

(2) The above acts would impair the employee's rights or privileges under existing labor laws; or

(3) The above acts would result in an intimidating, hostile, or offensive environment for the employee.
(b) In an education or training environment, sexual harassment is committed:
(1) Against one who is under the care, custody or supervision of the offender;
(2) Against one whose education, training, apprenticeship or tutorship is entrusted to the offender;

(3) When the sexual favor is made a condition to the giving of a passing grade, or the granting of honors and
scholarships, or the payment of a stipend, allowance or other benefits, privileges, or consideration; or

(4) When the sexual advances result in an intimidating, hostile or offensive environment for the student, trainee
or apprentice.
Any person who directs or induces another to commit any act of sexual harassment as herein defined, or who
cooperates in the commission thereof by another without which it would not have been committed, shall also be
held liable under this Act.

SECTION 4. Duty of the Employer or Head of Office in a Work-related, Education or Training Environment. - It
shall be the duty of the employer or the head of the work-related, educational or training environment or institution,
to prevent or deter the commission of acts of sexual harassment and to provide the procedures for the
resolution, settlement or prosecution of acts of sexual harassment. Towards this end, the employer or head of
office shall:

(a) Promulgate appropriate rules and regulations in consultation with and joint1y approved by the employees
or students or trainees, through their duly designated representatives, prescribing the procedure for the
investigation of sexual harassment cases and the administrative sanctions therefore.

Administrative sanctions shall not be a bar to prosecution in the proper courts for unlawful acts of sexual
harassment.

The said rules and regulations issued pursuant to this subsection (a) shall include, among others, guidelines
on proper decorum in the workplace and educational or training institutions.
(b) Create a committee on decorum and investigation of cases on sexual harassment. The committee shall
conduct meetings, as the case may be, with officers and employees, teachers, instructors, professors, coaches,
trainers, and students or trainees to increase understanding and prevent incidents of sexual harassment. It shall
also conduct the investigation of alleged cases constituting sexual harassment.

In the case of a work-related environment, the committee shall be composed of at least one (1) representative
each from the management, the union, if any, the employees from the supervisory rank, and from the rank and file
employees.
In the case of the educational or training institution, the committee shall be composed of at least one (1)
representative from the administration, the trainors, instructors, professors or coaches and students or trainees, as
the case may be.

The employer or head of office, educational or training institution shall disseminate or post a copy of this Act for
the information of all concerned.

SECTION 5. Liability of the Employer, Head of Office, Educational or Training Institution. - The employer or
head of office, educational or training institution shall be solitarily liable for damages arising from the acts
of sexual harassment committed in the employment, education or training environment if the employer or head of
office, educational or training institution is informed of such acts by the offended party and no immediate action is
taken.

SECTION 6. Independent Action for Damages. - Nothing in this Act shall preclude the victim of work, education
or training-related sexual harassment from instituting a separate and independent action for damages and other
affirmative relief.

SECTION 7. Penalties. - Any person who violates the provisions of this Act shall, upon conviction, be penalized
by imprisonment of not less than one (1) month nor more than six (6) months, or a fine of not less than Ten
thousand pesos (P10, 000) nor more than Twenty thousand pesos (P20, 000), or both such fine and imprisonment
at the discretion of the court. Any action arising from the violation of the provisions of this Act shall prescribe in
three (3) years.

SECTION 8. Separability Clause. - If any portion or provision of this Act is declared void or unconstitutional,
the remaining portions or provisions hereof shall not be affected by such declaration.

SECTION 9. Repealing Clause. - All laws, decrees, orders, rules and regulations, other issuances, or parts
thereof inconsistent with the provisions of this Act are hereby repealed or modified accordingly.

SECTION 10. Effectivity Clause.- This Act shall take effect fifteen (15) days after its complete publication in at
least two (2) national newspapers of general circulation.

IMPACT TO PRE-SERVICE TEACHER

R.A 7877 also known as Anti-Sexual Harassment Act of 1995 declares as unlawful
all forms of sexual harassment in school and in places of work. It penalizes or punishes the
offender after judgment by a court of Law and also allows the punishment of any offender
under the rules and regulations that a school or place of work may adopt in accordance with
the provisions of the law itself. The purpose of this Law is to guarantee that the learning and
working environment is free from any sexual harassment and is conducive for a harmonious
and productive work and study. In attaining this purpose the law seeks to value the dignity of
individuals and protect the human resources of the country by guaranteeing full respect for
the human rights of the people.
 REPUBLIC ACT NO. 8980

AN ACT PROMULGATING A COMPREHENSIVE POLICY AND A NATIONAL SYSTEM FOR EARLY

CHILDHOOD CARE AND DEVELOPMENT (ECCD), PROVIDING FUNDS THEREFOR AND FOR OTHER
PURPOSES

Section 1. Short Title. - This Act shall be known as the "ECCD Act".
Sec. 2. Declaration of Policy. - It is hereby declared the policy of the State to promote the rights of children to
survival, development and special protection with full recognition of the nature of childhood and its special needs;
and to support parents in their roles as primary caregivers and as their children's first teachers. The State shall
institutionalize a National System for Early Childhood Care and Development (ECCD) that is comprehensive,
integrative and sustainable, that involves multi-sectoral and inter-agency collaboration at the national and local
levels among government; among service providers, families and communities; and among the public and private
sectors, non-government organizations, professional associations, and academic institutions, This System shall
promote the inclusion of children with special needs and advocate respect for cultural diversity. It shall be anchored
on complementary strategies for ECCD that include service delivery for children from conception to age six (6),
educating parents and caregivers, encouraging the active involvement of parents and communities in ECCD
programs, raising awareness about the importance of ECCD, and promoting community development efforts that
improve the quality of life for young children and families,
Sec. 3. Objectives. - The objectives of the National ECCD System are:
(a) To achieve improved infant and child survival rates by ensuring that adequate health and nutrition programs are
accessible to young children and their mothers from the pre-natal period throughout the early childhood years;
(b) To enhance the physical, social, emotional, cognitive, psychological, spiritual and language development of
young children;
(c) To enhance the role of parents and other caregivers as the primary caregivers and educators of their children
from birth onwards;
(d) To facilitate a smooth transition from care and education provided at home to community or school-based
setting and to primary school;
(e) To enhance the capabilities of service providers and their supervisors to comply with quality standards for
various ECCD programs;
(f) To enhance and sustain the efforts of communities to promote ECCD programs and ensure that special support
is provided for poor and disadvantaged communities;
(g) To ensure that young children are adequately prepared for the formal learning system and that both public and
private schools are responsive to the developmental needs of these children;
(h) To establish an efficient system for early identification, prevention, referral and intervention for developmental
disorders and disabilities in early childhood; and
(i) To improve the quality standards of public and private ECCD programs through, but not limited to, a registration
and credential system for ECCD service providers.

Sec. 4. Definitions. - For purposes of this Act:

(a) Early Childhood Care and Development (ECCD) System refers to the full range of health, nutrition, early
education and social services programs that provide for the basic holistic needs of young children from birth to age
six (6), to promote their optimum growth and development. These programs include:
(1) Center-based programs, such as the day care service established under Republic Act No. 6972, public and
private pre-schools, kindergarten or school-based programs, community or church-based early childhood education
programs initiated by non-government organizations or people's organizations, workplace-related child care and
education programs, child-minding centers, health centers and stations; and
(2) Home-based programs, such as the neighborhood-based play groups, family day care programs, parent
education and home visiting programs.
(b) ECCD Service Providers include the various professionals, paraprofessionals, and volunteer caregivers who are
directly responsible for the care and education of young children through the various center and home-based
programs. They include, but are not limited to, day care workers, teachers, teacher-aides, rural health midwives,
social workers, community health workers, barangay nutrition scholars, parent effectiveness service volunteers,
child development workers, and family day care providers.
(c) ECCD Curriculum refers to the age-appropriate and developmentally appropriate educational objectives,
program of activities, organized learning experiences and recommended learning materials for children that are
implemented by service providers through center and home-based programs. It shall consist of national program
goals and guidelines, instructional objectives, and content outlines integrating local learning experiences and
indigenous learning materials.
(d) Parent Education refers to the various formal and alternative means of providing parents with information, skills,
and support systems to assist them in their roles as their children's primary caregivers and educators. These
include public and private parent education programs linked to center, home and media-based child care and
education programs.
Sec. 5. System Framework and Components. - The ECCD System shall include the following components:
(a) ECCD Curriculum - which focuses on children's total development according to their individual needs and socio-
cultural background. It shall promote the delivery of complementary and integrative services for health care,
nutrition, early childhood education, sanitation, and cultural activities. It shall use the child's first language as the
medium of instruction.
(b) Parent Education and Involvement, Advocacy, and Mobilization of Communities - which harness and develop
parents' strengths as providers of ECCD at home, active partners or other stakeholders, advocates for community
concerns that affect children, and pillars of support for local and national ECCD programs through community
organization efforts.
(c) Human Resource Development Program - which establishes mechanisms for the systematic professionalization
of ECCD service providers, through enrollment in educational programs in site-based or distance educational
modes, through pre-service or in-service training including continuing education programs, whereby a registration
and credential system shall be developed in the ECCD System.
(d) ECCD Management - which focuses on a continuing process of planning, implementation, supervision, financial
management, monitoring, evaluation and reporting. It shall encourage the active involvement and build the
capabilities of service providers, parents, and local government officials to sustain the program, and it shall be
guided by the principles of decentralization as stipulated in the Local Government Code of 1991.
(e) Quality Standards and Accreditation - which ensures that each component in the ECCD System complies with
national quality standards, to be established by the National ECCD Coordinating Council as provided for under
Section 8 of this Act, linked to an accreditation process.
Sec. 6. Establishment of ECCD System. - The National ECCD System shall be established in at least three (3)
regions each year, as may be determined by the National ECCD Coordinating Council, to achieve national
coverage over a five-year period.
Sec. 7. Implementing Arrangements and Operational Structures. - The implementation of the National ECCD
System shall be the joint responsibility of the national government agencies, local government units, non-
government organizations, and private organizations that are accredited to deliver the services or to provide
training and technical assistance.
(a) Responsibilities of the National Government - National government agencies shall be responsible for developing
policies and programs, providing technical assistance and support to the ECCD service providers in consultation
with coordinating committees at the provincial, city/municipal, and barangay levels, as provided for in Section 8 of
this Act, and monitoring of ECCD service benefits and outcomes. The Department of Social Welfare and
Development (DSWD), the Department of Education, Culture and Sports (DECS), the Department of Health (DOH),
the Department of the Interior and Local Government (DILG), the Department of Labor and Employment (DOLE),
the Department of Agriculture (DA), the Department of Justice (DOJ), the National Economic and Development
Authority (NEDA), and the National Nutrition Council (NNC) shall jointly prepare annual ECCD for work plans that
will coordinate their respective technical assistance and support for the National ECCD Program. They shall
consolidate existing program implementing guidelines that ensure consistency in integrated service delivery within
the National ECCD System.
(1) The DECS shall promote the National ECCD Program in schools. ECCD programs in public schools shall be
under the joint responsibility of their respective school principal/school-head and parents-teachers-community
association (PTCA) within the standards set forth in the National ECCD System and under the guidance of the City/
Municipal ECCD Coordinating Committee for the effective and equitable delivery of ECCD services. It shall also
make available existing facilities of public elementary schools for ECCD classes.
(2) Public and private pre-schools shall be registered by the Provincial or City ECCD Coordinating Committee upon
the recommendation of the respective division office of the DECS. NGO-initiated, community, church, home, and
workplace-based service providers shall be registered upon the recommendation of the provincial/city social
welfare and development office. These public and private ECCD service providers shall operate within the
standards set forth in the National ECCD System and under the guidance of the City/Municipal ECCD Coordinating
Committee for the effective delivery of ECCD services.
(b) Responsibilities of Local Government Units - Local government units (LGUs) shall be primarily responsible for:
(1) Implementing the National ECCD Program by providing basic public ECCD services;
(2) Supporting the organization of parent cooperatives to initiate the establishment of ECCD programs;
(3) Ensuring that service providers of public ECCD programs under their supervision shall be justly compensated,
that adequate funds are made available, and their working conditions are conducive to fulfill national quality
standards; and
(4) Providing counterpart funds for the training and continuing education of ECCD service providers, and supporting
the operations of Provincial, City/Municipal and Barangay ECCD Coordinating Committees.

(c) Responsibilities of Families and Communities - The families and communities shall support the local ECCD
programs by participating in various projects for the overall development of their children.
Sec. 8. Creation of National Coordinating Council and Coordinating Committees for ECCD. - To ensure the
sustained inter-agency and multi-sectoral collaboration from the national, provincial, city/municipal to barangay
levels, a National Coordinating Council and provincial, city/municipal and barangay coordinating committees shall
be organized.
(a) National ECCD Coordinating Council. - The Council for the Welfare of Children (CWC) shall also function as the
National ECCD Coordinating Council, hereinafter referred to as the Council, and shall hereby be under the Office of
the President.
(1) Composition. - In addition to the existing members of the CWC, two (2) private individuals, who are ECCD
practitioners and experts shall be appointed by the President, upon recommendation of the Council, for a term of
two (2) years subject to one (1) reappointment. The Council shall meet once a month or as often as necessary. The
Secretaries of the DSWD, DECS, DOH, and DILG shall act as co-chairpersons of the Council and must be
represented by a person with a rank not lower than an Undersecretary.
(2) Council Secretariat. - The CWC Secretariat shall also serve as the secretariat of the Council. It shall be headed
by an executive director, who shall be appointed by the President, upon the recommendation of the Council.
He/She shall have the rank, privileges, and emoluments of a Career Executive Service Officer I. Nothing herein
shall prejudice any right vested prior to the enactment of this Act.
There shall be created two (2) permanent positions of Deputy Executive Directors to be appointed by the Council,
one of whom shall be exclusively concerned with ECCD programs and activities and the other exclusively with the
existing functions of the CWC. The Deputy Executive Directors shall be assisted by senior technical staff to be
seconded from the DSWD, DECS, DOH, DILG, DOLE, DA, DOJ, NEDA and NNC for a period of at least two (2)
years, subject to renewal, and shall be entitled to whatever additional remuneration the law allows for such
secondment.
(3) Functions of the National ECCD Coordinating Council. - The Council shall:
(i) Promulgate policies and implementing guidelines for ECCD programs in consultation with stakeholders at
various levels, including the regional level when appropriate, consistent with the national policy and program
frameworks as defined in this Act;
(ii) Establish ECCD program standards that reflect developmentally appropriate and culturally relevant practices for
ECCD programs, which shall interface with the primary school curriculum of the DECS;
(iii) Develop a national system for the recruitment, registration, continuing education and equivalency, and
credential system of ECCD service providers, supervisors and administrators to improve and professionalize the
ECCD sector and upgrade quality standards of public and private ECCD programs;
(iv) Develop and implement a system of awards and recognition to deserving ECCD program implementors and
service providers;
(v) Coordinate the various ECCD programs of each line agency and monitor the delivery of services to the ECCD
program beneficiaries nationwide;
(vi) Evaluate and assess the impact and outcome of various ECCD programs nationwide through an effective
information system;
(vii) Develop and establish a national system for early identification, screening, and surveillance of early childhood
disabilities, developmental problems, and giftedness;
(viii) Develop and implement various support mechanisms that maximize the public and private resources for
implementing ECCD programs, giving priority to the needy and high risk children from poor communities;
(ix) Provide counterpart funds to poor and disadvantaged communities for the establishment and expansion of
public ECCD programs, improvement of physical facilities and for hiring of ECCD service providers;
(x) Promote and encourage private sector initiative for the establishment of ECCD programs; and
(xii) Provide guidelines for ECCD Coordinating Committees at the provincial, city/ municipal and barangay levels for
the conduct of solicitations and requests for assistance from local and international civic organizations, private
philanthropic foundations to supplement available resources.
(b) Provincial ECCD Coordinating Committee. Composition, Function, Secretariat. - There shall be created in every
province a Provincial ECCD Coordinating Committee.
(1) Composition. - The Provincial ECCD Coordinating Committee shall be composed of the Governor of the
Province as Chairperson, Division Superintendent of DECS, Provincial Planning and Development Officer,
Provincial Budget Officer, Provincial Health Officer, Provincial Director of DILG, Provincial Social Welfare and
Development Officer, Provincial Treasurer, President of the Provincial League of Municipal Mayors, and two (2)
representatives of non-government organizations operating ECCD programs appointed by the Committee, for a
two-year term, subject to one (1) reappointment, as members;
(2) Functions. - The Provincial ECCD Coordinating Committee shall be under the Provincial Development Council
and shall perform similar functions as the National ECCD Coordinating Council as appropriate, including other
functions that may be provided in the Implementing Rules and Regulations of this Act. It shall coordinate the
delivery of services and support from the National ECCD Coordinating Council and the national line agencies
involved in ECCD programs. It shall also support and complement the resources available to municipalities and
barangays in the province in the expansion and improvement of ECCD programs, as well as be responsible for the
registration of ECCD programs and service providers; and
(3) Secretariat. - The Provincial ECCD Coordinating Committee shall organize a secretariat which shall coordinate
and monitor the effective implementation of ECCD programs in the province. It shall be headed by the provincial
ECCD Officer, who shall be appointed by the Governor, upon the recommendation of the Provincial ECCD
Coordinating Committee. He/She skill have the rank, privileges and emoluments of a Department head.
For the first three (3) years of the establishment of the ECCD system in the province, the salary, allowances and
other benefits of the Provincial ECCD Officer shall be paid for by the Council. Thereafter, such sums as may be
necessary for the salaries, allowances and other benefits of the Provincial ECCD Officer shall be provided by the
province.
(c) City/Municipal ECCD Coordinating Committee; Composition, Functions, Secretariat. -There shall be created in
every city and municipality a City/Municipal ECCD Coordinating Committee.
(1) Composition. - The City/Municipal ECCD Coordinating Committee shall be composed of the City/Municipal
Mayor as Chairperson, the Division Superintendent/ District Supervisor of DECS, City/Municipal Planning and
Development Officer, City/ Municipal Budget Officer, City/Municipal Health Officer, City/Municipal Social Welfare
and Development Officer, City/Municipal Local Government, Officer, City/Municipal Treasurer, City/Municipal
Nutrition Officer, President of the Association of Barangay Captains in the City/Municipality, President of the Parent
Teachers-Community Federation in the City/Municipality, and two (2) representatives of non-government
organizations involved in ECCD programs in the City/Municipality appointed by the Committee for a two-year term,
subject to one (1) reappointment, as members.
(2) Functions. - The City/Municipal ECCD Coordinating Committee shall be under the city/municipal development
council and shall perform similar functions as the council as appropriate, including other functions that may be
provided in the Implementing Rules and Regulations. It shall likewise support and complement the resources
available to barangays in the expansion and improvement of ECCD programs, coordinate and monitor the delivery
of services at the barangay level, ensure accurate reporting and documentation of service delivery, as well as
mobilize and encourage private sector initiatives for the establishment of ECCD program implementors in tile
city/municipality that conforms to National ECCD System Standards.
(3) Secretariat. - The City/Municipal ECCD Coordinating Committee shall organize a Secretariat which shall
coordinate and monitor the effective implementation of ECCD programs in the city/municipality. It shall be headed
by the City/Municipal ECCD Officer, who shall be appointed by the mayor, upon the recommendation of the
City/Municipal ECCD Coordinating Committee.
(d) Barangay ECCD Coordinating Committee - The Barangay Council for the Protection of Children (BCPC),
created under Presidential Decree 603, shall also function as the Barangay ECCD Coordinating Committee. The
BCPC shall be responsible for the proper and effective implementation of public ECCD programs and maintenance
of database system at the barangay level. Pursuant to this, all barangays shall organize BCPCs in their respective
areas.
The BCPC shall be composed of, among others: the Barangay Captain, the school head/s in the barangay, the
Barangay health midwife, the Barangay health worker, the Barangay nutrition scholar, the day care worker/s,
parents, the Sangguniang Kabataan Chairman, and a representative from child-focused non-government
organizations/people's organizations, as members. The members of the BCPC shall elect from among themselves
the Chairperson.
Section 9. Financing ECCD Programs. - ECCD programs at the community level shall be financed through a
combination of public and private funds. All public ECCD program providers shall prioritize young children from
families who are in greatest need and who can least afford private sector programs.
(a) Public support for ECCD programs. - The government shall support public ECCD program through cost-sharing
arrangements that shall involve the LGUs, and counterpart funds from the national government agencies for
technical assistance and support. Additional funds may be generated from intergovernmental donors and financial
institutions by the appropriate government agencies through the NEDA to support the public programs in fourth,
fifth and sixth class municipalities including the urban poor. Funds shall be accessible to qualified LGUs through the
Municipal Development Fund or other financing mechanisms as prescribed by the Department of Finance (DOF)
and based on guidelines from the Department of Budget and Management (DBM). The Council may establish a
trust fund to assist LGUs in the expansion and upgrading of ECCD programs.
Primary health care programs, pre-natal and post-natal care, growth, monitoring and promotion, and supplementary
nutrition programs shall continue to be funded through the LGUs with technical support and additional resources
from the DOH.
The Day Care Program, Parent Effectiveness Service, Child-Minding Centers, Family Day Care and Parent-Child
Development Programs shall continue to be supported by the LGUs in the form of construction of basic
infrastructure, provision of facilities, materials and equipment, and compensation for the service providers. The
DSWD shall provide for technical assistance.
The kindergarten program in public schools shall continue to be supported by the DECS in cooperation with the
PTCAs, where applicable, by providing teacher training, supplementary learning materials and reference materials
for ECCD programs.
The DSWD, DECS, DOH, and DILG shall support the implementation by LGUs of the National ECCD Program and
shall include in their respective annual general appropriations beginning the fiscal year following the approval of
this Act the necessary funding to achieve the goal of national coverage within a five-year period and sustain the
Program from thereon. The work and financial plan of the DSWD, DECS, DOH, and DILG shall be coordinated with
the Council.
(b) Support for ECCD Programs. - Supported for ECCD programs can be solicited from local and international civic
organizations, private philanthropic foundations to supplement available resources.
Workplace-based or related ECCD programs should be supported by corporations and employers in the form of
physical facilities and recurrent operating costs. The operating cost incurred for employer or corporate-sponsored
ECCD programs can be deducted from taxable income: Provided, that the employer or corporation will not charge
user fees.
(c) Costs to be Shouldered by Families. - The Council shall monitor user fees and contributions allowed for both
public and private programs to ensure that these are affordable and within reasonable limits.
User fees for public programs should be limited to monthly contributions intended to subsidize recurrent costs.
Parents are encouraged to contribute their time and services especially in cases where they are unable to afford
the regular contributions.
Sec. 10. Appropriations. - For the implementation of this Act, the amount of Four hundred million pesos
(P400,000,000.00) per year for five (5) years is hereby appropriated for the National ECCD Program of the council
effective upon approval of this Act. Said amount shall be funded from the gross income of the Philippine
Amusement and Gaming Corporation and shall be directly remitted in four (4) quarterly installments to a special
account of the Council. Thereafter, such sums as may be necessary for the operations of the Council shall be
included in the General Appropriations Act.
A supplementary appropriations in the amount of Thirty million pesos (P30,000,000.00) shall be provided to the
Council from the President's Organizational Adjustment Fund upon approval of this Act.
The above appropriations shall be separate and distinct from the annual budget of the CWC.
Expenses for ECCD programs and technical support packages provided by the DSWD, DECS, DOH, DILG, DOLE,
DA, DOJ, NEDA, and the NNC shall be specified as separate line items in their respective annual budgets in the
General Appropriations Act. Their annual ECCD work plans shall be the basis for these budgets and shall be
released directly to their regional or provincial offices whenever applicable.
Sec. 11. Annual Report. - The Council shall, at the close of each calendar year, submit an annual report to
Congress, giving detailed account of its proceedings and accomplishments during the year making
recommendations for the adoption of measures that will improve the National ECCD System.
Sec. 12. Separability Clause. - If any provision of this Act is declared unconstitutional, the same shall not affect the
validity and effectivity of the other provisions thereof.
Sec. 13. Repealing Clause. - Pertinent provisions of Presidential Decree No. 603 and Executive Order No. 233, all
laws, Decrees, executive orders, presidential proclamations, rules and regulations or parts thereof contrary to or
inconsistent with the provisions of this Act are hereby repealed or modified accordingly.
Sec. 14. Implementing Rules and Regulations. - The Council in consultation with all appropriate government
agencies and non-government organizations shall formulate and issue the necessary rules and regulations for the
implementation of this Act within ninety (90) days after the effectivity of this Act.
Sec. 15. Effectivity Clause. - This Act shall take effect fifteen (15) days after its publication in the Official Gazette or
in at least two (2) newspapers of general circulation.

IMPACT TO PRE-SERVICE TEACHER

As pre-service teachers develop their philosophy of education about teaching young

children, they often refer to their preconceived beliefs. In the absence of an effective teacher
education in which pre-service teachers can understand and transform their existing beliefs, students
of teaching will “learn certain techniques at a superficial level without understanding the underlying
instructional rationales that would guide their use”. Therefore, teacher education becomes very
crucial for teacher educators to understand pre-service teachers’ beliefs, which might influence the
way they perceive young children and their decisions in the classroom.
Early childhood teacher education is a patchwork of pre-service and in-service education
opportunities and credentials, characterized by varied state and local requirements across types of
programs, auspices, and roles. Many states permit child care providers and preschool teachers to
begin to teach without any professional preparation; others have pre-service requirements that range
from a week of orientation to four years of college. In-service education is equally diverse,
 REPUBLIC ACT NO. 621 (UNESCO)

AN ACT CREATING THE UNITED NATIONS EDUCATIONAL, SCIENTIFIC AND CULTURAL ORGANIZATION
NATIONAL COMMISSION OF THE PHILIPPINES.

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

Section 1. The United Nations Educational, Scientific and Cultural Organization National Commission of the
Philippines, hereinafter referred to as the Commission, is hereby created under the Department of Foreign Affairs
to serve as a liaison agency between the Government of the Philippines and the United Nations Educational,
Scientific and Cultural Organization (UNESCO) and to associate principal bodies in the Philippines interested in
educational, scientific and cultural matters with the work of the UNESCO, in accordance with Article VII of the
Constitution of the aforesaid Organization accepted by Joint Resolution Numbered Three of the Congress of the
Philippines adopted on October 17, 1946.

Sec. 2. The members of the Commission shall be appointed by the President of the Philippines with the consent
of the Commission on Appointments and shall be composed of the following:

(a) Twenty shall be designated by the President of the Philippines upon the recommendation of organizations
interested in educational, scientific and cultural matters affiliated with and duly registered in the Commission;

(b) Eight shall represent educational, scientific, and cultural agencies of the Government; and,
(c) Two shall be designated at the discretion of the President.

A Chairman and Vice-Chairman shall be elected by the Commission to serve for a term of one year or until their
respective successors shall have been elected or qualified. The Chairman shall be the presiding officer of the
Commission and shall ex-officio be the Head of the Executive Committee herein provided.

Sec. 3. The Commission, with the approval of the Secretary of Foreign Affairs, shall create an Executive
Committee and such other committees or sub-committees as may be necessary for the effective and efficient
performance of its powers and duties.

There shall also be a Secretariat to be headed by an Executive Secretary who shall act as the secretary of the
Commission, its committees and sub-committees and shall attend to all administrative matters of the Commission.

Sec. 4. The members of the Commission shall serve in honorary capacity and shall receive no compensation or
remuneration except travelling expenses and per diems for each day of actual attendance in the sessions of the
Commission, its committees, or sub-committees, in such amounts and under such conditions as the Commission,
with the approval of the President of the Philippines, may prescribe.

Sec. 5. The members of the Commission shall serve for a term of two years: Provided, however, That fifty per
cent of the members first appointed shall serve only for one year which shall be indicated in their appointments.

Sec. 6. The Commission shall have the following powers and duties:

(a) To meet at least once a year on such date and place as it might designate;

(b) With the approval of the Secretary of Foreign Affairs, to promulgate rules and regulations for the conduct of its
own affairs;

(c) To advise the Government of the Philippines on matters relating to the UNESCO and on the best ways and
means by which educational, scientific, cultural developments could be best taken advantage of by the Philippines;

(d) To advise Philippine delegations to the UNESCO Conference;

(e) To serve as a liaison agency between the Government of the Philippines and the UNESCO;

(f) To associate the principal bodies in the Philippines actually interested in educational, scientific, and cultural
matters with the work of the UNESCO; and

(g) To submit an annual report to the President and the Congress of its activities and accomplishments during the
year.

Sec. 7. There is hereby authorized to be appropriated the amount of one hundred and twenty thousand pesos or
so much thereof as may be necessary for the immediate organization and operation of the Commission up to and
including the fiscal year 1951-1952.

Sec. 8. All acts, or parts of acts, rules, regulations, and executive orders, inconsistent with the provisions of this
Act are hereby repealed.

Sec. 9. This Act shall take effect upon its approval.

IMPACT TO PRE-SERVICE TEACHER

UNESCO has made the supply of well-trained, supported and qualified teachers one of its top
priorities. This focus has been reinforced by Sustainable Development Goal 4: Quality Education
through the Education 2030 Framework for Action, which has a target calling for a substantial
increase in qualified teachers through the betterment of their training, recruitment, retention, status,
working conditions and motivation (target 4.c).
UNESCO hosts the International Task Force on Teachers for Education 2030 and they work together
to address the “teacher gap” as well as tackle the issues raised in target 4.c and in the Incheon
Declaration, which specifically calls for Member States to “ensure that teachers and educators are
empowered, adequately recruited, well-trained, professionally qualified, motivated and supported
within well-resourced, efficient and effectively governed systems”.
UNESCO’s work regarding the development of teachers mainly focuses on five areas:
 Monitoring of international normative instruments regarding the teaching profession;
 Supporting Member States in the development and review of teacher policies and
strategies;
 Developing capacities for enhancing the quality of teaching and learning;
 Improving the knowledge and evidence base for the implementation and monitoring of the
teacher target in Education 2030; and
 Undertaking advocacy and knowledge sharing for the promotion of quality teaching and
learning
FIRST CALL FOR CHILDREN

Preamble
The preamble recalls the basic principles of the United Nations and specific provisions of certain relevant human
rights treaties and proclamations. It reaffirms the fact that children, because of their vulnerability, need special care
and protection, and it places special emphasis on the primary caring and protective responsibility of the family. It
also reaffirms the need for legal and other protection of the child before and after birth, the importance of respect
for cultural values of the child's community, and the vital role of international cooperation in securing children's
rights.
Article 1 - Definition of a Child
A child is recognized as a person under 18, unless national laws recognize the age of majority earlier.

Article 2 - Non-discrimination
All rights apply to all children without exception. It is the State's obligation to protect children from any form of
discrimination and to take positive action to promote their rights.
Article 3 - Best interests of the child
All actions concerning the child shall take full account of his or her best interests. The State shall provide the child
with adequate care when parents, or others charged with that responsibility, fall to do so.
Article 4 - Implementation of rights
The State must do all it can to implement the rights contained in the Convention.
Article 5 - Parental guidance an the child's evolving capacities
The State must respect the rights and responsibilities of parents and the extended family to provide guidance for
the child which is appropriate to her or his evolving capacities.
Article 6 - Survival and development
Every child has the inherent right to life, and the State has an obligation to ensure the child's survival and
development.
Article 7 - Name and nationality
The child has the right to a name at birth. The child also has the right to acquire a nationality and, as far as
possible, to know his or her parents and be cared for by them.
Article 8 - Preservation of identity
The State has an obligation to protect, and if necessary, re-establish basic aspects of the child's identity. This
includes name, nationality, and family ties.
Article 9 - Separation from parents
The child has a right to live with his or her parents unless this is deemed incompatible with the child's best interests.
The child also has the right to maintain contact with both parents if separated from one or both.
Article 10 - Family reunification
Children and their parents have the right to leave any country and to enter their own for purposes of reunion or the
maintenance of the child-parent relationship.
Article 11 - Illicit transfer and non-return
The State has an obligation to prevent and remedy the kidnapping or retention of children abroad by a parent or
third party.
Article 12 - The child's opinion
The child has the right to express his or her opinion freely and to have that opinion taken into account in any matter
or procedure affecting the child.
Article 13 - Freedom of expression
The child has the right to express his or her views, obtain information, and make ideas or information known,
regardless of frontiers.
Article 14 - Freedom of thought, conscience and religion
The State shall respect the child's right to freedom of thought, conscience, and religion, subject to appropriate
parental guidance.
Article 15 - Freedom of association
Children have a right to meet with others, and to join or form associations.
Article 16 - Protection of privacy
Children have the right to protection from interference with privacy, family, home, and correspondence, and from
libel or slander.
Article 17 - Access to appropriate information
The State shall ensure the accessibility to children of information and material from a diversity of sources, and it
shall encourage the mass media to disseminate information which is of social and cultural benefit to the child, and
take steps to protect him or her from harmful materials.
Article 18 - Parental responsibilities
Parents have joint primary responsibility for raising the child, and the State shall support them in this. The State
shall provide appropriate assistance to parents in child-raising.
Article 19 - Protection from abuse and neglect
The State shall protect the child from all forms of maltreatment by parents or other responsible for the care of the
child and establish appropriate social programmes for the prevention of abuse and the treatment of victims.
Article 20 - Protection of a child without family
The State is obliged to provide special protection for a child deprived of the family environment and to ensure that
appropriate alternative family care or institutional placement is available in such cases. Efforts to meet this
obligation shall pay due regard to the child's cultural background.
Article 21 - Adoption
In countries where adoption in recognized and/or allowed, it shall only be carried out in the best interests of the
child, and then only with the authorization of competent authorities, and safeguards for the child.
Article 22 - Refugee children
Special protection shall be granted to a refugee child or to a child seeking refugee status. It is the State's obligation
to co-operate with competent organizations which provide such protection and assistance.
Article 23 - Disabled Children
A disabled child has the right to special care, education, and training to help him or her enjoy a full and decent life
in dignity and achieve the greatest degree of self-reliance and social integration possible.
Article 24 - Health and health services
The child has a right to the highest standard of health and medical care attainable. States shall place special
emphasis on the provision of primary and preventive health care, public health education, and the reduction of
infant morality. They shall encourage international cooperation in this regard and strive to see that no child is
deprived of access to effective health services.
Article 25 - Periodic review of placement
A child who is placed by the State for reasons of care, protection, or treatment is entitled to have that placement
evaluated regularly.
Article 26 - Social security
The child has the right to benefit from social security including social insurance.
Article 27 - Standard of living
Every child has the right to a standard of living adequate for his or her physical, mental, spiritual, moral, and social
development. Parents have the primary responsibility to ensure that the child has an adequate standard of living.
The State's duty is to ensure that this responsibility can be fulfilled, and is. State responsibility can include material
assistance to parents and their children.
Article 28 - Education
The child has a right to education, and the State's duty is to ensure that primary education is free and compulsory,
to encourage different forms of secondary education accessible to every child, and to make higher education
available to all on the basis of capacity. School discipline shall be consistent with the child's rights and dignity. The
State shall be consistent with the child's rights and dignity. The State shall engage in international cooperation to
implement this right.
Article 29 - Aims of education
Education shall aim at developing the child's personality, talents and mental and physical abilities to the fullest
extent. Education shall prepare the child for an active adult life in a free society and foster respect for the child's
parents, his or her own cultural identity, language and values, and for the cultural background and values of others.
Article 30 - Children of minorities or indigenous populations
Children of minority communities and indigenous populations have the right to enjoy their own culture and to
practise their own religion and language.
Article 31 - Leisure, recreation, and cultural activities
The child has the right to leisure, play, and participation in cultural and artistic activities.
Article 32 - Child labour
The child has the right to be protected from work that threatens his or her health, education, or development. The
State shall set minimum ages for employment and regulate working conditions.
Article 33 - Drug abuse
Children have the right to protection from the use of narcotic and psychotropic drugs, and from being involved in
their production or distribution.
Article 34 - Sexual exploitation
The State shall protect children from sexual exploitation and abuse, including prostitution and involvement in
pornography.
Article 35 - Sale, trafficking and abduction
It is the State's obligation to make every effort to prevent the sale, trafficking, and abduction of children.
Article 36 - Other forms of exploitation
The child has the right to protection from all forms of exploitation prejudicial to any aspects of the child's welfare not
covered in articles 32, 33, 34 and 35.
Article 37 - Torture and deprivation of liberty
No child shall be subjected to torture, cruel treatment or punishment, unlawful arrest, or deprivation of liberty. Both
capital punishment and life imprisonment without the possibility for release are prohibited for offenses committed by
persons below 18 years. Any child deprived of liberty shall be separated from adults unless it is considered in the
child's best interest not to do so. A child who is detained shall have legal and other assistance as well as contact
with the family.
Article 38 - Armed conflicts
States Parties shall take all feasible measures to ensure that children under 15 years of age have no direct part in
hostilities. No child below 15 shall be recruited into the armed forces. States shall also ensure the protection and
care of children who are affected by armed conflict as described in relevant international law.
Article 39 - Rehabilitative care
The State has an obligation to ensure that child victims of armed conflicts, torture, maltreatment, or exploitation
receive appropriate treatment for their recovery and social reintegration.
Article 40 - Administration of juvenile justice
A child in conflict with the law has the right to treatment which promotes the child's sense of dignity and worth,
takes the child's age into account, and aims at his or her defense. Judicial proceedings and institutional placements
shall be avoided wherever possible.
Article 41 - Respect for higher standards
Wherever standards set in applicable national and international law relevant to the rights of the child are higher
than those in this Convention, the higher standards shall always apply.
Article 42 - Implementation and entry into force
The provision of articles 42-54 notably foresee: (i) the State's obligation to make the rights contained in this
Convention widely known to both adults and children. (ii) the setting up of a Committee on the Rights of the Child
composed of ten experts, which will consider reports that States Parties to the Convention are to submit two years
after ratification and every five years thereafter. The Convention enters into force - and the Committee would
therefore be set up - once 20 countries have ratified it. (iii) States Parties are to make their reports widely available
to the general public. (iv) The Committee may propose that special studies be undertaken on specific issues
relating to the rights of the child, and may make its evaluation known to each State Party concerned as well as to
the UN General Assembly. (v) In order to "foster the effective implementation of the Convention and to encourage
international co-operation", the specialized agencies in the UN - such as the International Labour Organisation
(ILO), World Health Organization (WHO) and United Nations Educational, Scientific, and Cultural Organization
(UNESCO) - and UNICEF would be able to attend the meetings of the Committee. Together with any other body
recognized as 'competent', including non-governmental organizations (NGOs) in consultative status with the UN
and UN organs such as the United Nations High Commissioner for Refugees (UNHCR), they can submit pertinent
information to the Committee and be asked to advise on the optimal implementation of the Convention.

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IMPACT TO PRE-SERVICE TEACHER

I realize that after the birth of a child, he/she should be registered directly. A child has the
right to have a name, a proof as a citizen of the country, and most of all the love of his/her parents.
As a future teacher, it is my duty to know laws and policies set by the state. And as an
individual I must abide these given rules.