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Republic Act

Republic Act No. 7877, known as the Anti-Sexual Harassment Act of 1995, declares sexual harassment unlawful in employment, education, or training environments in the Philippines. It defines sexual harassment, outlines the responsibilities of employers and educational institutions to prevent such acts, and establishes penalties for violators. The Act emphasizes the importance of protecting the dignity and rights of individuals in these environments.
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0% found this document useful (0 votes)
24 views17 pages

Republic Act

Republic Act No. 7877, known as the Anti-Sexual Harassment Act of 1995, declares sexual harassment unlawful in employment, education, or training environments in the Philippines. It defines sexual harassment, outlines the responsibilities of employers and educational institutions to prevent such acts, and establishes penalties for violators. The Act emphasizes the importance of protecting the dignity and rights of individuals in these environments.
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd
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[ REPUBLIC ACT NO.

7877, February 14, 1995 ]

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."

SEC. 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.

SEC. 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, conditions, promotions, or privileges; or the refusal to grant the sexual favor results in
Emiting, 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
considerations; 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.

SEC. 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 jointly 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
therefor.

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 sub-section (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, trainors 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, teachers, 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.

SEC. 5. Liability of the Employer, Head of Office, Educational or Training Institution. - The employer or
head of office, educational or training institution shall be solidarity 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 thereon.

SEC. 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.

SEC. 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.

SEC. 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.

SEC. 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.

SEC. 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.

Nineth Congress
Third Regular Session
[ REPUBLIC ACT No. 7877, February 14, 1995 ]
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 ordiminish 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 therefor.
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, trainors, 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 solidarily 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.

Fifteenth Congress

Second Regular Session


Begun and held in Metro Manila, on Monday, the twenty-fifth day of July, two thousand eleven.
REPUBLIC ACT NO. 10157
AN ACT INSTITUTIONALIZING THE KINDERGARTEN EDUCATION INTO THE BASIC EDUCATION SYSTEM
AND APPROPRIATING FUNDS THEREFOR
Be it enacted by the Senate and House of Representatives of the Philippine Congress Assembled:
Section 1. Short Title. - This Act shall be known as the "Kindergarten Education Act".
Section 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.
Section 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.
Section 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.
Section 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.
Section 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.1avvphi1
Section 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.
Section 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.
Section 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.
Section 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.
Section 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.
Section 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.
Fifteenth Congress

Third Regular Session


Begun and held in Metro Manila, on Monday, the twenty-third day of July, two thousand twelve.
REPUBLIC ACT No. 10533
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.

Seventeenth Congress
First Regular Session
Begun and held in Metro Manila, on Monday, the twenty-fifth day of July, two thousand sixteen.
REPUBLIC ACT No. 10931
AN ACT PROMOTING UNIVERSAL ACCESS TO QUALITY TERTIARY EDUCATION BY PROVIDING FOR FREE TUITION AND OTH
FEES IN STATE UNIVERSITIES AND COLLEGES, LOCAL UNIVERSITIES AND COLLEGES AND STATE-RUN TECHNICAL-VOCA
INSTITUTIONS, ESTABLISHING THE TERTIARY EDUCATION SUBSIDY AND STUDENT LOAN PROGRAM, STRENGTHENING TH
STUDENT FINANCIAL ASSISTANCE SYSTEM FOR TERTIARY EDUCATION, AND APPROPRIATING FUND THEREFOR
Be it enacted by the Senate House of Representatives of Philippines in Congress assembled:
Section 1. Short Title. - This Act shall be known as the "Universal Access to Quality Tertiary Education Act".
Section 2. Declaration of Policy. - It is hereby declared that quality education is an inalienable right of all Filipinos and it is
the State to protect and promote the rights of all students to quality education at all levels. Therefore, the State shall take
steps to make such education accessible to all.
Likewise, the State hereby recognizes the complementary roles of public and private higher education institutions and tec
vocational institutions in the educational system and the invaluable contribution that the private tertiary schools have ma
make to education. For these intents, the State shall:
(a) Provide adequate funding and such other mechanisms to increase the participation rate among all socioecono
in tertiary education;
(b) Provide all Filipinos with equal opportunity to quality tertiary education in both the private and public educati
institutions;
(c) Give priority to students who are academically able and who come from poor families;
(d) Ensure the optimized utilization of government resources in education;
(e) Provide adequate guidance and incentives in channeling young Filipinos in their career choices and towards th
development and utilization of human resources; and
(f) Recognize the complementary roles of public and private institutions in tertiary educational system.
Section 3. Definition of Terms. - As used in this Act:
(a) Cost of Tertiary Education refers to (1) tuition and other school fees, (2) educational expenses and (3) the cost
allowance;
(b) Graduate courses refers to higher education programs leading to a certificate, diploma, master's or doctorate
may be authorized and recognized by the Commission on Higher Education (CHED);
(c) Higher education refers to the stage of formal education, or its equivalent, requiring completion of secondary
and covering programs of study leading to bachelor and advanced degrees, including associate degrees;
(d) Higher Education Institution (HEI) refers to an education institution authorized and recognized by the CHED to
bachelor's degree or graduate courses;
(e) Local universities and colleges (LUCs) refers to CHED-accredited public HEIs established by local government u
through an enabling ordinance, financially supported by the LGU concerned, and complaint with the policies, stan
guidelines of the CHED;
(f) National Household Targeting System for Poverty Reduction (NHTS-PR) or Listahanan 2.0 refers to the informa
management of the Department of Social Welfare and Development (DSWD) that identifies who and where the p
the country. The system makes available to national government agencies and other social protection stakeholde
database of poor families as reference in identifying potential beneficiaries of social protection programs;
(g) Other education-related expenses refers to expenses related to the education of a student such as books, scho
uniforms, reproduction of materials, electronic devices necessary for education and other fees such as for practic
devices student publication, yearbook, insurance and student trust funds:
(h) Other school fees refers to fees charges by HEIs and technical-vocational institutions which cover other necess
supportive of instructions, specifically the following: library fees, computer fees, laboratory fees, school ID fees , a
admission fees, development fees, guidance fees, handbook fees, entrance fees, registration fees, medical and de
cultural fees and other similar or related fees;
(i) Private higher education institution refers to HEI not not owned and controlled by the government or its instru
(j) Private technical-vocational institution refers to post-secondary technical-vocational institution run by the priv
offering programs registered with the Technical Education and Skills Development Authority (TESDA);
(k) Qualified student refers to any student who possesses all the qualifications under Section 4 and 5 and none of
disqualifications under Section 6 hereof;
(l) State-run technical-vocational institutions refers to technical-vocational institutions operated by the TESDA or
LGUs: Provided, That in the latter case, the same should be accredited by the TESDA;
(m) State universities and colleges (SUCs) refers to public HEIs established by national government and are govern
respective independent boards of trustees or regents;
(n) Student loan program for tertiary education refers to a loan program established under Section 8 of this Act;
(o) Technical-Vocational Education and Training (TVET) refers to the education process designed a post-secondary
tertiary levels, officially recognized as nondegree programs aimed at preparing technicians, paraprofessionals and
categories of middle-level workers by providing them with a board range of general education, theoretical, scienti
technological studies, and related job skills training;
(p) Technical-Vocational Institutions (TVIs) refers to learning institutions offering post-secondary (TVET;
(q) Tertiary education refers to the stage of education following the secondary cycle which covers post-secondary
diploma, TVET, and higher education programs, including graduate education;
(r) Tertiary education subsidy (TES) refers to a subsidy established under Section 7 of this Act;
(s) Tuition fees refer to fees or school charges for subjects or course enrolled in by a tertiary eduaction student;
(t) Undergraduate courses refers to any program leading to a degree as may be authorized and recognized by the
(u) Unified StudentFinancial Assistance System for Tertiary Education (UniFAST) refers to the harmonized, state-ru
administered system of higher education and technical-vocational scholarships, grants-in-aid, student loans, and
modalities of student financial assistance program under Republic Act No. 10687.
Section 4. Free Higher Education in SUCs and LUCs. - All Filipino students who are either cirrently enrolled at the time of th
effectivityof this Act, or shall enroll at any time thereafter, in courses in pursuance of a bachelor's degree, certificate degr
comparable undergraduate degree in other school fees for units enrolled in: Provided, That they pass the entrance exami
other admission and rentention requirements of the SUCs and LUCs: Provided. Further, That all SUCs and LUCs shall creat
mechanism to enable students with the financial capacity to pay for their education in the SUC and LUC to voluntarily opt
tuition and other school fees subsidy or make a contribution to the school. SUCs and LUCs must report the tuition paymen
contributions collected from these students to the CHED: Provided, finally, That the amount required to implement the fr
and other school fees in SUCs and LUCs shall be determined by the respective governing boards of SUCs and LUCs based o
projected number of enrollees for each academic years, which shall be the primary factor in computing the annual propos
of SUCs and, in the case of LUCs, the CHED for such purpose. This shall in turn serve as the baseline during the preparation
annual National Expenditure Program (NEP) by the Department of Budget and Management (DBM).
Section 5. Free TVET in Post-Secondary TVIs. - All Filipino students who are currently enrolled at the time of the effectivity
or shall enroll at any time thereafter in any post-secondary TVET leading to nondegree certificate or diploma programs off
state-run TVI under the TESDA shall be exempt from paying tuition and other school fees: Provided, That all state-run TVIs
a mechanismto enable students with the financial capacity to pay for their education in the TVI to voluntarily opt out of th
and other school fees subsidy or make a contribution to the TVI. TVIs must report the tuition payments and contributions
from these students.
The amount required to implement the free tuition and other school fees in state-run TVIs shall be determined by the gov
board of the TESDA based on the projected number of enrollees for each course, which shall be primary factor in computi
annual proposed budget of the TESDA for such purpose. This shall in turn serve as the baseline during the preparation of t
NEP by the DBM.
Section 6. Exceptions to Free Tertiary Education. - The following students are ineligible to avail of the free tertiary educatio
(a) In SUCs and LUCs:
(1) Students who have already attained a bachelor's degree or comparable undergraduate degree from an
whether public or private:
(2) Students who fail to comply with the admission and retention policies of the SUC or LUC;
(3) Students who fail to complete their bachelor's degree or comparable undergraduate degree within a y
period prescribed in their program; and
(b) In State-Run TVIs:
(1) Students who have obtained a bachelor's degree, as well as those who have received a certificate or d
technical-vocational course equivalent to at least National Certificate III and above:
(2) Students who fail in any course enrolled in during the course of the program.
Students ineligible to avail of the free tertiary education shall be charged the tuition and other school fees, as determined
respective boards of the SUCs and LUCs, and in the case of the state-run TVIs, to be determined by the TESDA.
Section 7. TES for Filipino Students. - To support the cost of tertiary education or any part or portion thereof, a TES is here
established for all Filipino students who shall enroll in undergraduate-post-secondary programs of SUCs, LUCs private HEI
TVIs. The TES shall be administered by the UniFAST Board and the amount necessary to fund the TES shall be included in t
of the CHED and the TESDA: Provided, That prioritization shall be given to students in the following order: (a) students wh
households included in the Listahanan 2.0, ranked according to the estimated per capita household income; and (b) stude
of the Listahanan 2.0, ranked according to estimated per capita household income based on submitted documentation of
income to be determined by the UniFAST Board: Provided, further, That such prioritization shall not apply to Filipino stude
and municipalities with no existing SUC or LUC campus.
The TES may, among others, and to support the cost of tertiary education or any part or portion thereof, cover the follow
(a) Tuition and other school fees in private HEIs, and private or LGU-operated TVIs, which shall be equivalent to th
and other school fees of the nearest SUC or state-run TVI in their respective areas;
(b) All allowance for books, supplies transportation and miscellaneous personal expenses including a reasonable a
the documented rental or purchase of a personal computer or laptop and other education-related expenses:
(c) An allowance for room and board costs incurred by the student;
(d) For a student with a disability, an allowance for expenses related to the student's disability, an allowance for e
related to the student's disability including special services, personal assistance, transportation, equipment, and s
are reasonably incurred: and
(e) For a student in a program requiring professional license or certification, the one (1)-time cost of obtaining the
professional credentials or qualifications, which may include the following: application fees, notarial fees, review
insurance premium fees and documentation fees: Provided, That the amount of subsidy shall be based on the gui
forth by the UniFAST Board and on the annual budgetary appropriation for this purpose.
Section 8. Student Loan Program for Tertiary Education. - To support further the cost of tertiary education or any part or p
thereof, a student loan program for tertiary education is hereby likewise established for all Filipino students who shall enr
LUC, private HEI and TVET program in all TVIs registered under the TESDA. The Loan program shall be administered by the
Board and the amount necessary to fund the program shall be included in the budgets of the CHED and the TESDA: Provid
UniFAST may offer short-term or long-term loans: Provided, further, That those who availed of the loan during their unde
degree may still avail of another cycle of student loan for their pursuit of graduate studies, including medicine and law aft
fully paid the previously availed loan: Provided, furthermore, That those who did not avail of the loan program during thei
undergraduate studies may avail of it to pursue graduate studies including medicine and law: Provided, finally, That those
avail of the loan program during their undergraduate studies may avail of the loan program for their review expenses for
examinations administered by the Professional Regulation Commission (PRC).
Repayment shall be effected by the incorporating a portion of the loan amount or a percentage thereof in the employee's
Social Security System (SSS) or Government Service Insurance System (GSIS) contribution, as the case may be based on a r
schedule of repayment and interest rates. As may be formulated by the UniFAST Board.
Payment of the loan amount will commence once the beneficiary secures any gainful employment with compensation, re
or earnings that reaches the Compulsory Repayment Threshold (CRT). For purposes of this Act, the CRT shall be set and re
the UniFAST Board, and adjusted when necessary.
The UniFAST Board, in consultation with relevant agencies, shall formulate loan payment guidelines for loan beneficiaries
earnings are not covered by the GSIS or the SSS programs, including those of overseas Filipino workers (OFWs), emigrants
employed persons and professionals (SEPs).
Section 9. Requirements for SUCs and LUCs. - SUCs and LUCs are hereby mandated to:
(a) Establish a learner information system in accordance with the guidelines to be developed by the CHED in orde
the tracking of students and their performance;
(b) Submit relevant information as determined by the CHED on school quality and performance; and
(c) Formulate and submit to the CHED and to the Joint Congressional Oversight Committee on Universal Access to
Education created under Section 17 of this Act, a detailed SUC development plan updated every ten (10) years wh
included plans for facilities and infrastructure development and expansion.
Section 10. Quality Standard for SUC and LUC Budgets, TES and Student Loan Programs. - The CHED and the TESDA shall e
quality standards in the review and consequent endorsement of the budget of the SUCs, LUCs abd state-run TVIs, respecti
detailed design of the TES and student loan programs shall also be subject to similar quality indicators defined by the UniF
Section 11. Prohibited Act. - Upon effectivity of this Act, it shall be unlawful for any person, SUC and state-run TVI to collec
and other school fees from qualified students who voluntarily opt out of the tuition and other school fees subsidy or mak
contribution to the school.
Section 12. Penalties. - A violation of the prohibited act under Section 11 of this Act shall be meted a penalty of imprisonm
less than six (6) months but not more than one (1) year or a fine of not less than Twenty thousand pesos (?20,000.00) but
than One hundred thousand pesos (?100,000.00), or both, at the discretion of the court. In case of a university, college or
judicial entity, the penalty shall be imposed on the president, treasurer or the officer or person responsible for the violatio
Section 13. Expansion of the UniFAST Board. - The UniFAST Board shall be expanded to include the following:
(a) President of the Philippine Association of State Universities and Colleges as Member;
(b) Chairman of the Coordinating Council of Private Educational Associations as Member;
(c) President of the Association of Local Colleges and Universities as Member;
(d) President of the GSIS as a nonvoting Member; and
(e) President of the SSS as a nonvoting Member.
The UniFAST Board is authorized to establish an enhanced organizational structure, staff development and incentives and
administrative measures needed for the efficient discharge of tasks and commensurate to the level and scope of its respo
may tap the expertise and management services of eligible service providers subject to the appropriate guidelines promu
UniFAST Board.
Section 14. Reporting Requirements. - All SUCs, LUCs and state-run TVIs shall submit to the CHED and the TESDA respectiv
five (5) days after the last day of late registration for each semester, a report detailing the names of students eligible for t
tuition and other school fees in their institutions.
Section 15. Appropriations. - The amounts necessary to carry out the provisions of this Act, specifically Section 4, 5, 7 and
included in the annual General Appropriations Act (GAA) and shall be appropriated under SUCs, CHED and TESDA in accor
the provisions of this Act: Provided, That an amount equivalent to not more than three percent (3%) of the TES and stude
program for tertiary education provided under this Act may be used as administrative cost under the UniFAST.
Section 16. Other Sources of Funds. The national government is hereby authorized to prioritize funding this measure in ne
and utilizing loan-term deeply concessional official development assistance (ODA). Other sources of funds such as grants,
collections, and other forms of assistance from local and foreign donors or other public or private entities, and other priva
and international sources may be tapped and facilitated by the UniFAST Board to support the programs under this Act, su
regular auditing guidelines and procedures;
Provided, That in case of donations from foreign sources, acceptance thereof shall be subject to existing government rule
regulations.
Section 17. Joint Congressional Oversight Committee on Universal Access to Tertiary Eduaction. There is hereby created a
Congressional 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 Representa
shall include the following: Chairperson of the Senate Committee on Education, Arts and Culture; Chairperson of the Hous
Committee on Higher and Technical Education; Chairperson of the House Committee on Higher and Technical Education b
President and the House of Representatives and in the Senate. Funding for the expenses of the Committee shall be taken
appropriations of both the Senate and the House of Representatives.
Section 18. Implementing Rules and Regulations. - Within sixty (60) days from the effectivity of this Act, the UniFAST Boar
consultation with the CHED, the TESDA, and other relevant stakeholders in higher and technical education, shall promulga
implementing rules and regulation necessary to ensure the efficient and effective implementation of this Act: Provided, Th
failure of the Board to promulgate the said rules and regulations shall not prevent or delay the effectivity and implementa
Act in accordance with Section 21 hereof.
Section 19. Separability Clause. - Should any part of this Act be declared unconstitutional or invalid, the other parts or pro
hereof not affected not thereby shall continue to be in full force and effect.
Section 20. Repealing Clause. - All laws, executive orders, presidential decrees, implementing rules and regulations or par
inconsistent with the provisions of this Act are hereby replealed or modified accordingly.
Section 21. Effectivity. - This Act shall take effect fifteen (15) days after its publication in the Official Gazzette or in a newsp
general circulation.

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