QuestionsQuestions (Republic Act No. 7880)
RA 7880 is titled the “Fair and Equitable Access to Education Act.” Its purpose is to ensure fair and equitable allocation of the DECS (now DepEd) budget for capital outlay across all legislative districts by establishing an objective mechanism tied to student population and classroom shortages.
RA 7880 declares the primacy of education, promotion of patriotism and nationalism, acceleration of social progress, and total human liberation and development. It commits the State to provide all legislative districts minimum and continuing educational development through fair infrastructure and learning tools for quality education.
It refers to appropriations under the General Appropriations Act for DECS capital outlay for (i) acquisition and improvement of sites; (ii) construction, replacement, rehabilitation, and repair of buildings, classrooms, libraries, workshops, toilets and other structures; and (iii) furniture, fixtures, and equipment such as desks, chairs, laboratory/workshop implements, computers, books, and other essential learning tools with a beneficial use exceeding one year.
It is the number of classrooms whose construction, when considering the number of students divided by existing classrooms, results in a student-classroom ratio of 45:1. Classrooms are exclusively used for instructional purposes and exclude offices, libraries, laboratories, workshops, and similar rooms.
Thirty percent (30%) is allocated pro-rata based on each legislative district’s student population relative to the total student population; sixty percent (60%) is allocated only to districts with classroom shortages pro-rata to the total classroom shortage of the country as determined by DECS; and ten percent (10%) is allocated based on implementation of the policy of the Act as determined by DECS.
Fifty percent (50%) is allocated pro-rata by student population; forty percent (40%) is allocated only to districts with classroom shortages pro-rata to total classroom shortage as determined by DECS; and ten percent (10%) is allocated according to the policy implementation as determined by DECS.
Both. A portion is allocated based on student population (30% in year one; 50% thereafter), and another portion is allocated based only on classroom shortages (60% in year one; 40% thereafter). A remaining 10% is for policy implementation as determined by DECS.
The primary objective is to eliminate classroom shortages, if any.
Amounts allocated under the student-population subparagraphs (year one and thereafter) can be used only for acquisition or improvement of school sites, construction of school buildings and classrooms, and the purchase of materials or equipment that directly aid in education.
Amounts allocated under the classroom-shortage subparagraphs (year one and thereafter) shall be used exclusively for the construction of new school buildings. If the amount exceeds what is required to meet the classroom shortage, the excess must be integrated with the student-population portion excluding capital outlays of division offices, regional and central offices.
DECS determines the total classroom shortage of the country for allocation purposes, pursuant to the definition in the Act.
DECS must determine educational priorities for use of the allocation upon prior consultation with the representative of each legislative district.
DECS, upon prior consultation with the Department of Budget and Management, must promulgate necessary implementing rules and regulations for immediate and effective implementation within sixty (60) days after effectivity.
DECS officials must submit to the Committees on Finance and Education, Arts and Culture of both Houses copies of the implementing rules and regulations within thirty (30) days after their promulgation.
Any violation renders the concerned official liable under RA 6713 (Code of Conduct and Ethical Standards for Public Officials and Employees) and other existing administrative and/or criminal laws.
Any person charged in implementing the Act must certify under oath (attached to the payroll or salary voucher under which his salary is paid) that the allocation provisions for that year under Section 4 have been fully complied with.
Any public official, employee, or private individual who willfully or knowingly misappropriates the funds allocated or uses them for personal gain in violation of Section 5 is punished with perpetual disqualification from public office and imprisonment of not less than six (6) years but not more than fifteen (15) years.
Appropriations for construction, rehabilitation, replacement, completion, and repair of school buildings are directly released to and administered by the Department of Public Works and Highways based on the DECS work program. Also, fifty percent (50%) of the total capital outlay appropriation is released automatically on the first quarter of the calendar year, including its corresponding notice of cash allocation.
The separability clause states that if any provision is declared unconstitutional, the rest remains valid and effective. The repealing clause provides that all inconsistent laws, decrees, orders, rules, regulations, and issuances are repealed or modified accordingly.