Title
Amendment on Establishment of Schools
Law
Republic Act No. 7798
Decision Date
Aug 25, 1994
Republic Act No. 7798 amends the Education Act of 1982, requiring the establishment of new schools and conversion of existing schools to be done through legislation, with specific capital requirements for stock educational institutions, and exemptions for family-administered pre-school institutions.

Law Summary

Capitalization Requirements for Stock Educational Institutions

  • Minimum paid-up capital for stock educational institutions:
    • Elementary education: at least ₱1,000,000
    • Both elementary and secondary education: at least ₱2,500,000
    • Offering elementary, secondary, tertiary, and postgraduate courses: at least ₱5,000,000
  • Existing stock educational institutions may keep their original capitalization.
  • Such institutions can apply to renew their corporate existence automatically upon expiration.

Scope and Limitations on Stock Educational Institutions

  • Stock educational institutions are permitted only in capital-intensive courses of study as determined by the Department of Education, Culture and Sports (DECS), Commission on Higher Education (CHED), and Department of Science and Technology (DOST).
  • Schools organized as stock corporations are ineligible for government subsidies, incentives, or assistance, except for individual scholarships, student loans, or subsidies for students and teachers mandated by law.
  • Government assistance to non-stock schools must be exclusively used for educational programs.
  • Donations to educational corporations are exempt from taxes.

Authority to Formulate Implementing Rules and Guidelines

  • DECS and CHED are authorized to formulate implementing rules and guidelines within 60 days from the approval of the Act.
  • These rules must govern the establishment and operation of stock educational corporations.
  • The rules shall emphasize quality education and academic excellence as provided in the Education Act of 1982 (Batas Pambansa Blg. 232).

Repeal and Effectivity

  • All laws, rules, and ordinances inconsistent with this Act are repealed or modified accordingly.
  • The Act shall take effect 15 days after its publication in at least two national newspapers of general circulation.

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