Code Of Ethics For Professional Teachers.docx

CODE OF ETHICS FOR PROFESSIONAL TEACHERS Pursuant to the provisions of paragraph (e), Article 11, of R. A,. No. 7836, otherwise known as the Philippines Professionalization Act of 1994 and Paragraph (a), section 6, P.D. No. 223, as amended, the Board for Professional Teachers hereby adopts the Code of Ethics for Professional Teachers. PREAMBLE Teachers are duly licensed professionals who possesses 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, standards, 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 it’s 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 nurserles 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 carryout 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 posses 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 descent 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. Section2. 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. Section3. 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 whose 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 III 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 it’s publication in the official Gazette or any newspaper of general circulation, whichever is earlier. 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. ARTICLE I: TITLE Sec 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.cralaw Sec. 3. Objectives. — This Act has the herein objectives: (a) The promotion, development and professionalization of teachers and the teaching profession; and chan robles virtual law library. (b) The supervision and regulation of the licensure examination. Sec. 4. Definition of Terms. — For purposes of this Act, the following terms shall mean:chanroblesvirtualawlibrary (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 parttime 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;cralaw (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; (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; (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; (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.cralaw 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; (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; (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;cralaw (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; orcralaw (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. to wit: (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 parateachers 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:cralaw (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.cralaw 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. BATAS PAMBANSA BLG. 232 September 11, 1982 AN ACT PROVIDING FOR THE ESTABLISHMENT AND MAINTENANCE OF AN INTEGRATED SYSTEM OF EDUCATION I. GENERAL PROVISIONS

CHAPTER 1 Preliminary Matters Section 1. Title - This Act shall be known as the "Education Act of 1982." Section 2. Coverage - This Act shall apply to and govern both formal and non-formal systems in public and private schools in all levels of the entire educational system. CHAPTER 2 Declaration of Basic State Policy and Objectives Section 3. Declaration of Basic Policy - It is the policy of the State to established and maintain a complete, adequate and integrated system of education relevant to the goals of national development. Toward this end, the government shall ensure, within the context of a free and democratic system, maximum contribution of the educational system to the attainment of the following national developmental goals: 1. To achieve and maintain an accelerating rate of economic development and social progress; 2. To ensure the maximum participation of all the people in the attainment and enjoyment of the benefits of such growth; and 3. To achieve and strengthen national unity and consciousness and preserve, develop and promote desirable cultural, moral and spiritual values in a changing world. The State shall promote the right of every individual to relevant quality education, regardless of sex, age, creed, socioeconomic 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 parttime basis, in all levels of the educational system. b. "School administrators," or all persons occupying policy implementing positions having to do with the functions of the school in all levels. c. "Academic non-teaching personnel," or those persons holding some academic qualifications and performing academic functions directly supportive of teaching, such as registrars, librarians, research assistants, research aides, and similar staff. d. "Non-academic personnel," or all other school personnel not falling under the definition and coverage of teaching and academic staff, school administrators and academic non-teaching personnel. 4. "Schools," or institutions recognized by the State which undertake educational operations. Section 7. Community Participation. - Every educational institution shall provide for the establishment of appropriate bodies through which the members of the educational community may discuss relevant issues, and communicate information and suggestions for assistance and support of the school and for the promotion of their common interest. Representatives from each subgroup of the educational community shall sit and participate in these bodies, the rules and procedures of which must be approved by them and duly published.

CHAPTER 2 Rights Section 8. Rights of Parents - In addition to other rights under existing laws, all parents who have children enrolled in a school have the following rights: 1. The right to organize by themselves and/or with teachers for the purpose of providing a forum for the discussion of matters relating to the total school program, and for ensuring the full cooperation of parents and teachers in the formulation and efficient implementation of such programs. 2. The right to access to any official record directly relating to the children who are under their parental responsibility. Section 9. Right of Students in School - In addition to other rights, and subject to the limitation prescribed by law and regulations, and student and pupils in all schools shall enjoy the following rights: 1. The right to receive, primarily through competent instruction, relevant quality education in line with national goals and conducive to their full development as person with human dignity. 2. The right to freely chose their field of study subject to existing curricula and to continue their course therein up to graduation, except in cases of academic deficiency, or violation of disciplinary regulations. 3. The right to school guidance and counseling services for decisions and selecting the alternatives in fields of work suited to his potentialities. 4. The right of access to his own school records, the confidentiality of which the school shall maintain and preserve. 5. The right to the issuance of official certificates, diplomas, transcript of records, grades, transfer credentials and other similar documents within thirty days from request. 6. The right to publish a student newspaper and similar publications, as well as the right to invite resource persons during assemblies, symposia and other activities of similar nature. 7. The right to free expression of opinions and suggestions, and to effective channels of communication with appropriate academic channels and administrative bodies of the school or institution. 8. The right to form, establish, join and participate in organizations and societies recognized by the school to foster their intellectual, cultural, spiritual and physical growth and development, or to form, establish, join and maintain organizations and societies for purposes not contrary to law. 9. The right to be free from involuntary contributions, except those approved by their own he organizations or societies. Section 10. Rights of all School Personnel - In addition to other rights provided for by law, the following rights shall be enjoyed by all school personnel: 1. The right to free expression of opinion and suggestions, and to effective channels of communication with appropriate academic and administrative bodies of the school or institution. 2. The right to be provided with free legal service by the appropriate government office in the case of public school personnel, and through the school authorities concerned in the case of private school personnel, when charged in an administrative, civil and/or criminal proceedings by parties other than the school or regulatory authorities concerned for actions committed directly in the lawful discharge of professional duties and/or in defense of school policies. 3. The right to establish, join and maintain labor organizations and/or professional and self-regulating organizations of their choice to promote their welfare and defend their interests. 4. The right to be free from involuntary contributions except those imposed by their own organizations. Section 11. Special Rights and/or Privileges of Teaching or Academic Staff - Further to the rights mentioned in the preceding Section, every member of the teaching or academic staff shall enjoy the following rights and/or privileges: 1. The right to be free from compulsory assignments not related to their duties as defined in their appointments or employment contracts, unless compensated therefor, conformably to existing law. 2. The right to intellectual property consistent with applicable laws. 3. Teachers shall be deemed persons in authority when in the discharge of lawful duties and responsibilities, and shall, therefore, be accorded due respect and protection. 4. Teachers shall be accorded the opportunity to choose alternative career lines either in school administration, in classroom teaching, or others, for purposes of career advancement. Section 12. Special Rights of School Administration - School administrators shall, in accordance with existing laws, regulations and policies of the Ministry of Education, Culture and Sports, be accorded sufficient administrative discretion necessary for the efficient and effective performance of their functions. School administrators shall be deemed persons in authority while in the discharge of lawful duties and responsibilities, and

shall therefore be accorded due respect and protection. Section 13. Rights of Schools - In addition to other rights provided for by law, schools shall enjoy the following: 1. The right of their governing boards or lawful authorities to provide for the proper governance of the school and to adopt and enforce administrative or management systems. 2. The right for institutions of higher learning to determine on academic grounds who shall be admitted to study, who may teach, and what shall be subjects of the study and research. CHAPTER 3 Duties and Obligations Section 14. Duties of Parents. - In addition to those provided for under existing laws, all parents shall have the following duties and obligations: 1. Parents, individually or collectively, through the school systems, shall help carry out the educational objectives in accordance with national goals. 2. Parents shall be obliged to enable their children to obtain elementary education and shall strive to enable them to obtain secondary and higher education in the pursuance of the right formation of the youth. 3. Parents shall cooperate with the school in the implementation of the school program curricular and co-curricular. Section 15. Duties and Responsibilities of Students - In addition to those provided for under existing laws, every student shall: 1. Exert his utmost to develop his potentialities for service, particularly by undergoing an education suited to his abilities, in order that he may become an asset to his family and to society. 2. Uphold the academic integrity of the school, endeavor to achieve academic excellence and abide by the rules and regulations governing his academic responsibilities and moral integrity. 3. Promote and maintain the peace and tranquility of the school by observing the rules and discipline, and by exerting efforts to attain harmonious relationships with fellow students, the teaching and academic staff and other school personnel. 4. Participate actively in civic affairs and in the promotion of the general welfare, particularly in the social, economic and cultural development of his community and in the attainment of a just, compassionate and orderly society. 5. Exercise his rights responsibly in the knowledge that he is answerable for any infringement or violation of the public welfare and of the rights of others. Section 16. Teacher's Obligations - Every teacher shall: 1. Perform his duties to the school by discharging his responsibilities in accordance with the philosophy, goals, and objectives of the school. 2. Be accountable for the efficient and effective attainment of specified learning objectives in pursuance of national development goals within the limits of available school resources. 3. Render regular reports on performance of each student and to the latter and the latter's parents and guardians with specific suggestions for improvement. 4. Assume the responsibility to maintain and sustain his professional growth and advancement and maintain professionalism in his behavior at all times. 5. Refrain from making deductions in students' scholastic rating for acts that are clearly not manifestations of poor scholarship. 6. Participate as an agent of constructive social, economic, moral, intellectual, cultural and political change in his school and the community within the context of national policies. Section 17. School Administrators' Obligations - Every school administrator shall: 1. Perform his duties to the school by discharging his responsibilities in accordance with the philosophy, goals and objectives of the school. 2. Be accountable for the efficient and effective administration and management of the school. 3. Develop and maintain a healthy school atmosphere conducive to the promotion and preservation of academic freedom and effective teaching and learning, and to harmonious and progressive school-personnel relationship. 4. Assume and maintain professional behavior in his work and in dealing with students, teachers, academic non-teaching personnel, administrative staff, and parents or guardians. 5. Render adequate reports to teachers, academic non-teaching personnel and non-academic staff on their actual performance in relation to their expected performance and counsel them on ways of improving the same. 6. Observe due process, fairness, promptness, privacy, constructiveness and consistency in disciplining his teachers and other personnel.

7. Maintain adequate records and submit required reports to the Ministry of Education, Culture and Sports. Section 18. Obligations of Academic Non-Teaching Personnel - Academic non-teaching personnel shall:| 1. Improve himself professionally be keeping abreast of the latest trends and techniques in his profession. 2. Assume, promote and maintain an atmosphere conducive to service and learning. 3. Promote and maintain an atmosphere conducive to service and learning. III. THE EDUCATIONAL SYSTEMS CHAPTER 1 Formal Education Section 19. Declaration of Policy. - The State recognizes that formal education, or the school system, in society's primary learning system, and therefore the main instrument for the achievement of the country's educational goals and objectives. Section 20. Definition - "Formal Educational" refers to the hierarchically structured and chronologically graded learning organized and provided by the formal school system and for which certification is required in order for the learner to progress through the grades or move to higher levels. Formal education shall correspond to the following levels: 1. Elementary Education. - the first stage of compulsory, formal education primarily concerned with providing basic education and usually corresponding to six or seven grades, including pre-school programs. 2. Secondary Education. - the state of formal education following the elementary level concerned primarily with continuing basic education and expanding it to include the learning of employable gainful skills, usually corresponding to four years of high school. 3. Tertiary Education. - post secondary schooling is higher education leading to a degree in a specific profession or discipline. Section 21. Objectives of Elementary Education - The objectives of elementary education are: 1. To provide the knowledge and develop the skills, attitudes, and values essential to personal development and necessary for living in and contributing to a developing and changing social milieu; 2. To provide learning experiences which increase the child's awareness of and responsiveness to the changes in and just demands of society and to prepare him for constructive and effective involvement; 3. To promote and intensify the child's knowledge of, identification with, and love for the nation and the people to which he belongs; and 4. To promote work experiences which develop the child's orientation to the world of work and creativity and prepare himself to engage in honest and gainful work. Section 22. Objectives of Secondary Education. - The objectives of secondary education are: 1. To continue to promote the objectives of elementary education; and 2. To discover and enhance the different aptitudes and interests of the students so as to equip him with skills for productive endeavor and/or prepare him for tertiary schooling. Section 23. Objective of Tertiary Education. - The objectives of tertiary education are: 1. To provide a general education program that will promote national identity, cultural consciousness, moral integrity and spiritual vigor; 2. To train the nation's manpower in the skills required for national development; 3. To develop the professions that will provide leadership for the nation; and 4. To advance knowledge through research work and apply new knowledge for improving the quality of human life and responding effectively to changing societal needs and conditions. CHAPTER 2 Non-Education and Specialized Educational Services Section 24. Specialized Educational Service - The State further recognizes its responsibility to provide, within the context of the formal education system, services to meet special needs of certain clientele. These specific types, which shall be guided by the basic policies of the State embodied in the General Provisions of this Act, include: 1. "Work Education," or "Practical Arts," as a program of basic education which aims to develop the right attitudes towards work; and "technical-vocational education," post-secondary but non-degree programs leading to one, two, or three year certificates in preparation for a group of middle-level occupations. 2. "Special Education," the education of persons who are physically, mentally, emotionally, socially, or culturally different from the so-called "normal" individuals that they require modification of school practices/services to develop them to their maximum capacity; and

3. "Non-formal Education," any organized school-based educational activities undertaken by the Ministry of Education, Culture and Sports and other agencies aimed at attaining specific learning objectives for a particular clientele, especially the illiterates and the out-of-school youth and adults, distinct from and outside the regular offerings of the formal school system. The objectives of non-formal education are as follows: a. To eradicate illiteracy and raise the level of functional literacy of the population; b. To provide unemployed and underemployed youth and adults with appropriate vocational/technical skills to enable them to become more productive and effective citizens; and c. To develop among the clientele of non-formal education proper values and attitudes necessary for personal, community and national development. CHAPTER 3 Establishment of Schools Section 25. Establishment of Schools - All schools shall be established in accordance with law. The establishment of new national schools and the conversion of existing schools from elementary to national secondary or tertiary schools shall be by law: Provided, That any private school proposed to be established must incorporate as an non-stock educational corporation in accordance with the provisions of the Corporation Code of the Philippines. This requirement to incorporate may be waived in the case of family-administered pre-school institutions. Government assistance to such schools for educational programs shall be used exclusively for that purpose. Section 26. Definition of Terms - The terms used in this Chapter are defined as follows: 1. "Schools" are duly established institutions of learning or educational institutions. 2. "Public Schools" are educational institutions established and administered by the government. 3. "Private Schools" are educational institutions maintained and administered by private individuals or groups. Section 27. Recognition of Schools - The educational operations of schools shall be subject to their prior authorization of the government, and shall be affected by recognition. In the case of government operated schools, whether local, regional, or national, recognition of educational programs and/or operations shall be deemed granted simultaneously with establishment. In all other case the rules and regulations governing recognition shall be prescribed and enforced by the Ministry of Education, Culture and Sports defining therein who are qualified to apply, providing for a permit system, stating the conditions for the grant of recognition and for its cancellation and withdrawal, and providing for related matters. Section 28. Effects of Recognition; Punishable Violations - The issuance of a certificate of recognition to a school shall have the following effects: 1. It transforms the temporary permit to a permanent authority to operate; 2. It entitled the school or college to give the students who have completed the course for which recognition is granted, a certificate, title or diploma; and 3. It shall entitle the students who have graduated from said recognized course or courses to all the benefits and privileges enjoyed by graduates in similar courses of studies in all schools recognized by the government. Operation of schools and educational programs without authorization, and/or operation thereof in violation of the terms of recognition, are hereby declared punishable violations subject to the penalties provided in this Act. Section 29. Voluntary Accreditation - The Ministry shall encourage programs of voluntary accreditation for institution which desire to meet standards of quality over and above minimum required for State recognition. CHAPTER 4 Internal Organization of Schools Section 30. Organization of Schools - Each school shall establish such internal organization as will best enable it to carry out its academic and administrative functions, subject to limitations provided by law. Each school establish such arrangements for the peaceful settlement of disputes between or among the members of the educational community. Section 31. Governing Board - Every government college or university as a tertiary institution and every private school shall have a governing board pursuant to its charter or the Corporation Code of the Philippines, as the case may be. Section 32. Personnel Transactions - The terms and conditions of employment of personnel in government schools shall be governed by the Civil Service, budgetary and compensation laws and rules. In private schools, dispute arising from employer-employee relations shall fall under the jurisdiction of the Ministry of Labor

and Employment as provided for by law regulations: Provided, That in view of the special employment status of the teaching and academic non-teaching personnel, and their special roles in the advancement of knowledge, standards set or promulgated jointly by the Ministry of Education, Culture and Sports and by the Ministry of Labor and Employment shall be applied by the Ministry of Labor and Employment: Provided, further, That every private school shall establish and implement an appropriate system within the school for the prompt and orderly settlement of provisions of Articles 262 and 263 of the Labor Code. CHAPTER 5 School Finance and Assistance Section 33. Declaration of Policy - It is hereby declared to be the policy of the State that the national government shall contribute to the financial support of educational programs pursuant to goals of education as declared in the Constitution. Towards this end, the government shall: 1. Adopt measures to broaden access to education through financial assistance and other forms of incentives to schools, teachers, pupils and students; and 2. Encourage and stimulate private support to education through, inter alia, fiscal and other assistance measures. A. FUNDING OF REPUBLIC SCHOOLS Section 34. National Funds - Public school shall continue to be funded from national funds: Provided, That local governments shall be encouraged to assume operation of local public schools on the basis of national fund participation and adequate revenue sources which may be assigned by the national government for the purpose. Section 35. Financial Aid Assistance to Public Secondary Schools - The national government shall extend financial aid and assistance to public secondary schools established and maintained by local governments, including barangay high schools. Section 36. Share of Local Government - Provinces, cities and municipalities and barangays shall appropriate funds in their annual budgets for the operation and maintenance of public secondary schools on the basis of national fund participation. Section 37. Special Education Fund - The proceeds of the Special Education Fund accruing to local governments shall be used exclusively for the purposes enumerated in Section 1 of Republic Act No. 5447, and in accordance with rules and regulations issued by the Ministry of Education, Culture and Sports and the Ministry of the Budget. Said proceeds shall be considered a local fund and shall be subject to Presidential Decrees No. 477, Presidential Decree No. 1375 and other applicable local budget laws and regulations. Section 38. Tuition and other School Fees - Secondary and post-secondary schools may charge tuition and other school fees, in order to improve facilities or to accommodate more students. Section 39. Income from other Sources - Government-supported educational institution may receive grants, legacies, donations and gifts for purposes allowed by existing laws. Furthermore, income generated from production activities and from auxiliary enterprises may be retained and used for schools concerned in accordance with rules and regulations jointly issued consistently with pertinent appropriation and budgetary laws by the Ministry of the Budget, the Ministry of Education, Culture and Sports and the Commission on Audit. B. FUNDING OF PRIVATE SCHOOLS Section 40. Funding of Private Schools - Private schools may be funded from their capital investment or equity contributions, tuition fees and other school charges, grants, loans, subsidies, passive investment income and income from other sources. Section 41. Government Assistance - The government, in recognition of their complementary role in the educational system, may provide aid to the programs of private schools in the form of grants or scholarships, or loans from government financial institutions: Provided, That such programs meet certain defined educational requirements and standards and contribute to the attainment of national development goals. Section 42. Tuition and Other Fees - Each private school shall determine its rate of tuition and other school fees or charges. The rates and charges adopted by schools pursuant to this provision shall be collectible, and their application or use authorized, subject to rules and regulations promulgated by the Ministry of Education, Culture and Sports. Section 43. Income from Other Sources - Any private school duly recognized by the government, may receive any grant and legacy, donation, gift, bequest or devise from any individual, institution, corporation, foundation, trust of philanthropic organization, or research institution or organization as may be authorized by law. Furthermore, private schools are authorized to engage in any auxiliary enterprise to generate income primarily to finance their educational operations and/or to reduce the need to increase students' fees. Section 44. Institutional Funds - The proceeds from tuition fees and other school charges, as well as other income of schools, shall be treated as institutional funds. Schools may pool their institutional funds, in whole or in part, under joint management for the

purpose of generating additional financial resources. C. INCENTIVES TO EDUCATION Section 45. Declaration of Policy - It is the policy of the State in the pursuit of its national education development goals to provide an incentive program to encourage the participation of the community in the development of the educational sector. Section 46. Relating to School Property - Real property, such as lands, buildings and other improvements thereon used actually, directly and exclusively for educational purposes shall be subject to the real property tax based on an assessment of fifteen per cent of the market value of such property: Provided, That all the proceeds from the payment thereof shall accrue to a special private education fund which shall be managed and disbursed by a local private school board which shall be constituted in each municipality or chartered city with private educational institutions with the mayor or his representative as chairman and not more than two representatives of the institutional taxpayers, and, likewise, not more than two residents of the municipality or chartered city who are alumni of any of the institutional taxpayers as members: Provided, further, That fifty percent of the additional one percent tax on real estate property provided for under Republic Act 5447, shall accrue to the special private education fund: Provided, finally, That in municipalities or chartered cities wherein the number of private institutions with individual enrollment of pupils and students over five thousand exceeds fifteen, the members of the private school board shall be increased to not more than fourteen members determined proportionately by the Minister of Education, Culture and Sports. The private school board shall adopt its own rules which shall enable it to finance the annual programs and projects of each institutional taxpayer for the following purposes; student-pupil scholarships; improvement of instructional, including laboratory, facilities and/or equipment; library books and periodicals acquisition; and extension service in the community, in that order of priority. Section 47. Relating to Gifts or Donations to Schools - All gifts or donation in favor of any school, college or university recognized by the Government shall not be subject to tax; Provided, That such gifts or donations shall be for improvement of classrooms and laboratory of library facilities, and shall not inure to the benefit of any officer, director, official, or owner or owners of the school, or paid out as salary, adjustments or allowance of any form or nature whatsoever, except in support of faculty and/or professorial chairs. Section 48. Relating to Earnings from Established Scholarship Funds - All earnings from the investment of any duly established scholarship fund of any school recognized by the government, constituted from gifts to the school, and/or from contributions or other resources assigned to said fund by the school, if said earnings are actually used to fund additional scholarship grants to financially deserving students shall be exempt from tax until the scholarship fund is fully liquidated, when the outstanding balance thereof shall be subject to tax. Section 49. School Dispersal Program - All gains realized from the sale, disposition or transfer of property, real or personal, of any duly established private school, college or university, in pursuance of a school dispersal program of the government or of the educational institution as approved by the government, shall be considered exempt from tax if the total proceeds of the sale are reinvested in a new or existing duly established school, college, or university located in the dispersal site, within one (1) year from the date of such sale, transfer or disposition; otherwise, all taxes due on the gains realized from the transaction shall immediately become due and payable. Section 50. Conversion to Educational Foundations - An educational institution may convert itself into a non-stock, non-profit educational foundation, in accordance with the implementing rules to be issued jointly by the Ministry of Education, Culture and Sports and the Ministry of Finance. In the case of stock corporations, if for any reason its corporate existence as an educational institution ceases and is not renewed, all its net assets after liquidation of the liabilities and other obligations may be conveyed and transferred to any non-profit educational institution or successor non-profit educational institution or to be used in such manner as in the judgment of said court will best accomplish the general purposes for which the dissolved organization was organized, or to the State. D. ASSISTANCE TO STUDENTS Section 51. Government Assistance to Students - The government shall provide financial assistance to financially disadvantaged and deserving students. Such assistance may be in the form of State scholarships, grants-in-aid, assistance from the Educational Loan Fund, or subsidized tuition rates in State colleges and universities. All the above and similar assistance programs shall provide for reserve quotas for financially needed but academically qualified students from the national cultural communities. Section 52. Grant of Scholarship Pursuant to Existing Laws - Educational institutions shall be encouraged to grant scholarships to students pursuant to the provisions of existing laws and such scholarship measures as may hereafter be provided for by law. Section 53. Assistance from the Private Sector - The private sector, especially educational institutions, business and industry,

shall be encouraged to grant financial assistance to students, especially those undertaking research in the fields of science and technology or in such projects as may be necessary within the context of national development. IV. THE MINISTRY OF EDUCATION, CULTURE AND SPORTS CHAPTER 1 GENERAL PROVISIONS Section 54. Declaration of Policy - The administration of the education system and, pursuant to the provisions of the Constitution, the supervision and regulation of educational institutions are hereby vested in the Ministry of Education, Culture and Sports, without prejudice to the provisions of the charter of any state college and university. Section 55. Organization - The Ministry shall be headed by the Minister of Education, Culture and Sports who shall be assisted by one or more Deputy Ministers. The organization of the Ministry shall consist of (a) the Ministry Proper composed of the immediate Office of the Minister, and the Services of the Ministry, (b) the Board of Higher Education, which is hereby established, (c) the Bureau of Elementary Education, the Bureau of Secondary Education, the Bureau of Higher Education, the Bureau of Technical and Vocational Education, and the Bureau of Continuing Education, which are hereby established, (d) Regional offices and field offices, (e) the National Scholarship Center and such other agencies as are now or may be established pursuant to law, and (f) the cultural agencies, namely: the National Library, the National Historical Institute, the National Museum, and the Institute of National Language. Such of the above offices as are created or authorized to be established under this provision, shall be organized and staffed and shall function, subject to the approval of the President, upon recommendation of the Minister of Education, Culture and Sports in consultation with the Presidential Commission on Reorganization. Section 56. The National Board of Education is hereby abolished, and its appropriations, personnel, records, and equipment are hereby transferred to the Office of the Minister of Education, Culture and Sports. Section 57. Functions and Powers of the Ministry - The Ministry shall: 1. Formulate general education objectives and policies, and adopt long-range educational plans; 2. Plan, develop and implement programs and projects in education and culture; 3. Promulgate rules and regulations necessary for the administration, supervision and regulation of the educational system in accordance with declared policy; 4. Set up general objectives for the school system; 5. Coordinate the activities and functions of the school system and the various cultural agencies under it; 6. Coordinate and work with agencies concerned with the educational and cultural development of the national cultural communities; and 7. Recommend and study legislation proposed for adoption. Section 58. Report to the Batasang Pambansa. - The Minister of Education, Culture and Sports shall make an annual report to the Batasang Pambansa on the implementation of the national basic education plan, the current condition of the education programs, the adequacy or deficiency of the appropriations and status of expenditures, the impact of education on the different regions, the growth of enrollment, the adequacy of academic facilities, the concentration of low income groups, or the supply of teaching and non-teaching personnel, with such comments and appropriate recommendations thirty (30) days before the opening of its regular session. CHAPTER 2 BOARD OF HIGHER EDUCATION Section 59. Declaration of Policy - Higher education will be granted towards the provision of better quality education, the development of middle and high-level manpower, and the intensification of research and extension services. The main thrust of higher education is to achieve equity, efficiency, and high quality in the institutions of higher learning both public and private, so that together they will provide a complete set of program offerings that meet both national and regional development needs. Section 60. Organization of the Board of Higher Education - The Board of Higher Education is reconstituted as an advisory body to the Minister of Education, Culture and Sports. The Board shall be composed of a Deputy Minister of Education, Culture and Sports designated as Chairman and four other members to be appointed by the President of the Philippines upon nomination by the Minister of Education, Culture and Sports for a term of four years. The four members shall have distinguished themselves in the field of higher education and development either in the public or private sector. In the initial appointment of the non-ex officio members, the first appointee shall serve for a term of four years; the second for a term of three years; the third for a term of two years; and

the fourth for a term of one year. The Director of the Bureau of Higher Education shall participate in the deliberation of the Board but without the right to vote. The Bureau of Higher Education shall provide the Board with the necessary technical and staff support: Provided, That the Board may create technical panels of experts in the various disciplines as the need arises. Section 61. Function of the Board of Higher Education. - The Board shall: 1. Make policy recommendations regarding the planning and management of the integrated system of higher education and the continuing evaluation thereof. 2. Recommend to the Minister of Education, Culture and Sports steps to improve the governance of the various components of the higher education system at national and regional levels. 3. Assist the Minister of Education, Culture and Sports in making recommendation relatives to the generation of resources and their allocation for higher education. CHAPTER 3 THE BUREAUS Section 62. Bureau of Elementary Education - The Bureau shall perform the following functions: 1. Conduct studies and formulate, develop, and evaluate programs and educational standards for elementary education; 2. Undertake studies necessary for the preparation of prototype curricular designs, instructional materials, and teacher training programs for elementary education; and 3. Formulate guidelines to improve elementary school physical plants and equipment, and general management of these schools. Section 63. Bureau of Secondary Education - The Bureau shall perform the following functions: 1. Conduct studies and formulate, develop and evaluate programs and educational standards for secondary education; 2. Develop curricular designs, prepare instructional materials, and prepare and evaluate programs to update the quality of the teaching and non-teaching staff at the secondary level; 3. Formulate guidelines to improve the secondary school physical plants and equipment, and general management of these schools. Section 64. Bureau of Technical and Vocational Education. - The Bureau shall perform the following: 1. Collaborate with other agencies in the formulation of manpower plans; 2. Conduct studies, formulate, develop and evaluate post-secondary vocational-technical programs and recommend educational standards for these programs; 3. Develop curricular designs and prepare instructional materials, prepare and evaluate programs to upgrade the quality of teaching and non-teaching staff, and formulate guidelines to improve the physical plant and equipment of post-secondary vocationaltechnical schools. Section 65. Bureau of Higher Education - The Bureau of higher Education shall perform the following functions: 1. Develop, formulate and evaluate programs, projects and educational standards for a higher education; 2. Provide staff assistance to the Board of Higher Education in its policy formulation and advisory functions; 3. Provide technical assistance to encourage institutional development programs and projects; 4. Compile, analyze and evaluate data on higher education; and 5. Perform other functions provided for by law. Section 66. Bureau of Continuing Education - As the main implementing arm of the non-formal education programs of the Ministry, the Bureau shall provide learning programs or activities that shall: 1. Serve as a means of meeting the learning needs of those unable to avail themselves of the educational services and programs of formal education; 2. Provide opportunities for the acquisition of skills necessary to enhance and ensure continuing employability, efficiency, productivity, and competitiveness in the labor market; 3. Serve as a means for expanding access to educational opportunities to citizens of varied interests, demographic characteristics and socio-economic origins or status. CHAPTER 4 REGIONAL OFFICES Section 67. Functions - A regional office shall: 1. Formulate the regional plan of education based on the national plan of the Ministry taking into account the specific needs and special traditions of the region;

2. Implement education laws, policies, plans, programs, rules and regulations of the Ministry or agency in the regional area; 3. Provide economical, efficient and effective education services to the people in the area.

V. MISCELLANEOUS PROVISIONS CHAPTER 1 PENAL ADMINISTRATIVE SANCTIONS Section 68. Penalty Clause - Any person upon conviction for an act in violation of Section 28, Chapter 3, Title III above, shall be punished with a fine of not less than two thousand pesos (P2,000.00) nor more than ten thousand pesos (P10,000.00) or imprisonment for a maximum period of two (2) years, or both, in the discretion of the court. If the act is committed by a school corporation, the school head together with the person or persons responsible for the offense or violation shall be equally liable. Section 69. Administrative Sanction - The Minister of Education, Culture and Sports may prescribe and impose such administrative sanction as he may deem reasonable and appropriate in the implementing rules and regulations promulgated pursuant to this Act for any of the following causes: 1. Mismanagement of school operations; 2. Gross inefficiency of the teaching or non-teaching personnel; 3. Fraud or deceit committed in connection with the application for Ministry permit or recognition; 4. Failure to comply with conditions or obligations prescribed by this Code or its implementing rules and regulations; and 5. Unauthorized operation of a school or course, or any component thereof, or any violation of the requirement governing advertisements or announcements of educational institutions. Sanctions against the schools shall be without prejudice to the interest of the students, teachers and employees. CHAPTER 2 ADMINISTRATIVE PROVISIONS Section 70. Rule-making Authority - The Minister Education, Culture and Sports charged with the administration and enforcement of this Act, shall promulgate the necessary implementing rules and regulations. Section 71. Separability Provision - Any part or provision of this Act which may held invalid or unconstitutional shall not affect its remaining parts of provisions. Section 72. Repealing Clause - All laws or parts thereof inconsistent with any provision of this Act shall be deemed repealed or modified, as the case may be. Section 73. Effectivity - This Act shall take effect upon its approval. Approved, September 11, 1982. REPUBLIC ACT NO. 4670 June 18, 1966 THE MAGNA CARTA FOR PUBLIC SCHOOL TEACHERS I. DECLARATION OF POLICY COVERAGE Sec. 1. Declaration of Policy. It is hereby declared to be the policy of this Act to promote and improve the social and economic status of public school teachers, their living and working conditions, their terms of employment and career prospects in order that they may compare favorably with existing opportunities in other walks of life, attract and retain in the teaching profession more people with the proper qualifications, it being recognized that advance in education depends on the qualifications and ability of the teaching staff and that education is an essential factor in the economic growth of the nation as a productive investment of vital importance. Sec. 2. Title Definition. This Act shall be known as the "Magna Carta for Public School Teachers" and shall apply to all public school teachers except those in the professorial staff of state colleges and universities. As used in this Act, the term "teacher" shall mean 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.); (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 Science 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; (d) For teachers of courses on the collegiate level, other than vocational, master's degree with a specific area of specialization; Provided, further, That in the absence of applicants who possess the minimum educational qualifications as hereinabove provided, the school superintendent may appoint, under a temporary status, applicants who do not meet the minimum qualifications: Provided, further, That should teacher-applicants, whether they possess the minimum educational qualifications or not, be required to take competitive examinations, preference in making appointments shall be in the order of their respective ranks in said competitive examinations: And provided, finally, That the results of the examinations shall be made public and every applicant shall be 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 qualifications herein above set forth but lacks the appropriate civil service eligibility, such person shall be appointed on a provisional status and shall undergo a period of probation for not less than one year from and after the date of his provisional appointment. 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 Section three hereof, teachers appointed on a provisional status for lack of necessary civil service eligibility shall be extended permanent appointment for the position he is holding after having rendered at least ten years of continuous, efficient and faithful service in such position. Sec. 6. Consent for Transfer Transportation Expenses. Except for cause and as herein otherwise provided, no teacher shall be transferred without his consent from one station to another. Where the exigencies of the service require the transfer 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 Schools or the Director of Vocational Education, as the case may be. Pending his appeal and the decision thereon, his transfer shall be held in abeyance: Provided, however, That no transfers whatever shall be made three months before any local or national election. Necessary transfer expenses of the teacher and his family shall be paid for by the Government if his transfer is finally approved. Sec. 7. Code of Professional Conduct for Teachers. Within six months from the approval of this Act, the Secretary of Education shall formulate and prepare a Code of Professional Conduct for Public School Teachers. A copy of the Code shall be furnished each teacher: Provided, however, That where this is not possible by reason of inadequate fiscal resources of the Department of Education, at least three copies of the same Code shall be deposited with the office of the school principal or head teacher where they may be accessible for use by the teachers. Sec. 8. Safeguards in Disciplinary Procedure. Every teacher shall enjoy equitable 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 representative 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 against 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, the 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 during 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 teachers, 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 and 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 without 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 occupations 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 costof-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 medical treatment and/or hospitalization is necessary, same shall be provided free by the government entity paying the salary of the teachers. In regions where there is scarcity of medical facilities, teachers may obtain elsewhere the necessary medical care with the right to be reimbursed for their traveling expenses by the government entity concerned in the first paragraph of this Section. 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 be 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 lump 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 Section shall be exercised without any interference or coercion. It shall 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 organization, (b) to cause the dismissal of or otherwise prejudice a teacher by reason of his membership in an organization or because of participation in organization activities outside school hours, or with the consent of the proper school authorities, within school hours, and (c) to prevent him from carrying out the duties laid upon him by his position in the organization, or to penalize him for an action undertaken in that capacity. Sec. 29. National Teacher's Organizations. National teachers' organizations shall be consulted in the formulation of national educational policies and professional standards, and in the formulation of national policies governing the social security of the teachers. VII. ADMINISTRATION AND ENFORCEMENT 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 Section shall take effect thirty days after

publication in a newspaper of general circulation and by such other means as the Secretary of Education deems reasonably sufficient to give interested parties general notice of such issuance. 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 than one thousand pesos, or by imprisonment, in the discretion of the court. If the offender is a public official, the court shall order his dismissal from the Government service. Sec. 33. Repealing Clause. All Acts or parts of Acts, executive orders and their implementing rules inconsistent with the provisions of this Act are hereby repealed, amended or modified accordingly. Sec. 34. Separability Clause. If any provision of this Act is declared invalid, the remainder of this Act or any provisions not affected thereby shall remain in force and in effect. Sec. 35. This Act shall take effect upon its approval. Approved: June 18, 1966 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”. SEC. 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. SEC. 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. SEC. 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. SEC. 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. SEC. 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. SEC. 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. SEC. 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. SEC. 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. SEC. 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. SEC. 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. SEC. 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 (IRR). SEC. 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. SEC. 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. 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. SEC. 15. Commitment to International Benchmarks. — The DepED shall endeavor to increase the per capita spending on education towards the immediate attainment of international benchmarks. SEC. 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. SEC. 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. SEC. 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. SEC. 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. Republic Act 7610 Special Protection of Children Against Abuse, Exploitation and Discrimination Act AN ACT PROVIDING FOR STRONGER DETERRENCE AND SPECIAL PROTECTION AGAINST CHILD ABUSE, EXPLOITATION AND DISCRIMINATION, PROVIDING PENALTIES FOR ITS VIOLATION AND FOR OTHER PURPOSES. 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 Section 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 Section 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 Section 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 Section 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 Section 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 VIOther 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 (P50,000.00): 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 (P40,000.00); 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 (P50,000.00), 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 shall be imposed a penalty of prision mayor in its medium period and a fine of not less than Fifty thousand pesos (P50,000.00), 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 prision correccional 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 Articles 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 VIISanctions 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 VIIIWorking 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 and Employment shall promulgate rules and regulations necessary for the effective implementation of this Section. 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 (P5,000.00) more than Ten thousand pesos (P10,000.00). 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. 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 dulylicensed 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. 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. LABOR CODE OF THE PHILIPPINES 2. Section 90, MRPS - "Section 90. Compensation - Every private school provides for compensation policy where compensation ranges should be graded taking into account performance, merit and differences in the qualifications and responsibilities of various positions." Compensation 3. BASIC RULE: NO Salary Below Minimum Wage (could not be waived) REASON: The fixing of the minimum wage, though not necessarily a living or decent wage, benefits wage earners by providing rock-bottom wage to be paid to them by employers and below which the rate must not fall. 4. That wages are to be paid in legal tender and that payment in the form of promissory notes, vouchers or coupons, or any other form alleged to represent legal tender is prohibited. The wages shall be regularly paid directly to the worker concerned on working days or near the workplace (No. 95 of the International Labor Organization). Rules on Salary Payment 5. The Law prohibits from limiting in any manner the freedom of the worker to dispose of his wage (Art. 6, Convention 95, of the International Labor Organization). The law mandates that deductions from wages shall be permitted only under conditions prescribed by national laws, collective agreement or arbitration awards. (Art. 8, Convention 95 of the International Labor Organization) 6. No compulsory assignments unrelated to teaching duties - Education Act of 1982 Magna Carta for Public School Teachers and was subsequently also made for applicable to faculty of private schools. ◦ Teacher's Duties normally include: 1. classroom teaching 2. co-curricular activities 3. research 4. community service Working Conditions 7. The principle of "extra pay for extra work" entitles private school teachers to supplemental pay for added work whether or not the latter is connected with their school functions. However, the extra assignment must be school-related for if it otherwise, teachers may refuse the task even if they are offered compensation for it. Teachers must be given opportunity to choose career lines - in school administration, in classroom teaching, or others, for purposes of career advancement. Prohibition Against Unusually Heavy Teaching Loads 8. Elementary teachers should not be given full charge of more than one class (or an equivalent load, where departmental teaching is concerned), secondary teacher, not more than six 40-minute periods of instruction. Full time college teachers, as a general rule, not more than 18 hours a week. - although the CHED, through several orders, has fixed the maximum teaching load of faculty members depending on the courses or subjects they handle - 18 units. 9. Meaning of Security of Tenure - in cases of employment, the employer shall not terminate the services of an employee except for a just cause or when authorized by law. Tenure 10. Probationary teachers generally security of tenure in the sense that during their probationary employment they cannot be dismissed except for a cause. However, upon the expiration of the contract of employment, academic personnel cannot claim security of tenure and compel the school to renew their employment contracts. "Probationary" - one who is on trial by the school during which the institution determines whether or not he is qualified for regular employment. "Probationary" - as used to describe the period of employment implies the purpose of the term or period but not its length. 11. By virtue of DOLE-DECS-CHED-TESDA Order No. 1, Series of 1996, the probationary for teaching or academic personnel shall not be more than three (3) consecutive school years of satisfactory service for the those in elementary and secondary schools, six (6) consecutive semesters of satisfactory level where collegiate courses are offered on a trimester basis. These specified periods are the maximum allowed and that under certain conditions, regular status may be achieved in less time.