Conversion of Philippine High School for the Arts

Legal basis, policy, and intent

Executive Order No. 420 converts the Philippine High School for the Arts into a regular government agency.
The declared governing premise is that the arts complement the sciences in improving the quality of human life through the complete and harmonious development of the individual.
Executive Order No. 420 seeks a continuing source of artists of excellence and leaders in preserving and promoting Filipino heritage in the arts through a secondary-level arts-oriented curriculum.
The conversion is linked to government commitment to foster preservation, enrichment, and dynamic evolution of a Filipino national culture, within free artistic and intellectual expression.
Government action is supported by references to Executive Order No. 165 (1987) and Executive Order No. 5 (1986), and by Secretary of Justice Opinion No. 210, series of 1988, which interprets Section 22 of Proclamation No. 50 (1986), as amended, on Presidential authority over government-owned or controlled corporations subject to regularization, dissolution, merger, or consolidation.

Abolition and creation of agency

Section 1 abolishes the Philippine High School for the Arts.
Section 1 creates in its place a regular government agency named “High School,” using the same name as the former school.
The newly created High School operates under this Executive Order (Section 1).

Mandate, arts secondary program, and advisory structure

Section 2 mandates the High School to implement a general secondary level program combined with a special curriculum oriented to the arts.
Section 2 directs the curriculum to be geared toward the early recognition and development of highly talented children exceptionally gifted in the arts.
Section 2 frames the program’s outcome as providing a continuing source of artists of excellence and leaders in preserving and promoting Filipino heritage in the arts.
Section 3 establishes an Advisory Council for the High School.
Section 3 provides that the Advisory Council is composed of:
- (a) the President of the Cultural Center of the Philippines as Chairman (ex-officio);
- (b) an Undersecretary of the Department of Education, Culture and Sports as Vice-Chairman (ex-officio);
- (c) the Artistic Director of the Cultural Center of the Philippines (ex-officio);
- (d) the Director of the Bureau of Secondary Education of the Department of Education, Culture and Sports (ex-officio);
- (e) the Director of the Philippine High School for the Arts (ex-officio);
- (f) a representative from each of the fields of music, dance, theatre arts, visual arts, and literature, appointed by the Chairman upon recommendation of the Governing Board.
Section 3 requires the Advisory Council to meet at least once a month, with quorum consisting of the majority of all its members holding office at the time the meeting is called and present thereat.
Section 3 provides that each Advisory Council member receives an honorarium in accordance with pertinent laws, rules, and regulations.

Advisory powers and school governance

Section 4 makes the Advisory Council’s role advisory to the Director on implementing the High School’s mandate.
Section 4 assigns the Advisory Council authority to advise on:
- (a) Fixing of the site of the school;
- (b) Receipt for, and appropriations for, purposes specified by law of sums provided for the High School’s support;
- (c) Approval of appointments and contracts connected with employment of teachers, lecturers, and other employees, including fixing compensations and employment conditions with concurrence by the Secretary of Budget and Management, and removal for cause after due notice and hearing;
- (d) Providing fellowships for faculty members and approval of scholarships, stipends, and other allowances to deserving students;
- (e) Determining the criteria for selection and admission, including national competitive examinations among its elements;
- (f) Approval of issuance of certificates or diplomas to successful graduation candidates;
- (g) Receipt in trust of legacies, gifts, donations, grants, endowments, contributions, or other transfers of ownership/possession of real and personal properties of all kinds, and administration for the High School’s benefit or for aid to its students;
- (h) Approval of the annual work program and budget for endorsement to the Department of Budget and Management;
- (i) Other tasks assigned by the Secretary of Education, Culture and Sports for efficient and effective accomplishment of Executive Order purposes.
Section 4 ties the Advisory Council’s advice to the Director through all its functions enumerated above.

Director powers, solicitation of donations, and approvals

Section 5 authorizes the Director, upon recommendation of the Advisory Council, to solicit, negotiate with, and receive from any public or private, domestic or foreign source legacies, gifts, donations, grants, endowments, contributions, or other transfers of ownership/possession of real or personal properties for the High School.
Section 5 states that the Director may do so without need of authority, approval, or intervention by any government agency of any kind whatsoever.
Section 5 requires ratification by the Secretary of Education, Culture and Sports.
Section 5 requires the Director, upon Advisory Council recommendation and in accordance with accounting and auditing laws, rules and regulations, to prescribe measures for proper use, maintenance, safekeeping of donations and compliance with their terms and conditions, if any.
Section 6 provides that day-to-day operations are under the supervision and control of the Director, in accordance with Section 4.
Section 6 requires that the Director be appointed by the Secretary of Education, Culture and Sports, upon recommendation of the Advisory Council.
Section 6 states that, besides functions specifically provided in the Executive Order, the Director’s duties and powers include those usually pertaining to the office of principal of any high school in the Philippine educational system.

Civil service coverage and attachment

Section 7 provides that High School personnel are classified as:
- (a) Career service personnel: those of the finance, administrative, and personnel staff and the general education faculty; and
- (b) Non-career service personnel: visiting professors and arts instructors.
Section 7 subjects career and non-career personnel to civil service rules and regulations on wage and position classifications.
Section 7 grants career and non-career personnel entitlement to retirement benefits enjoyed by all government personnel under existing laws, rules, and regulations.
Section 7 requires that provisions for retirement be included in the High School’s annual budget.
Section 7 provides that services of incumbents whose appointments were not processed through the Civil Service Commission are credited for retirement or separation benefits if necessary requirements are met.
Section 8 attaches the High School to the Department of Education, Culture and Sports, in consultation with the Cultural Center of the Philippines, for policy and program implementation with special emphasis on arts subjects and preparation of students for careers in the arts.

Arts High School Fund and reporting

Section 9 establishes that all legacies, gifts, donations, grants, endowments, contributions, and similar transfers of real and personal properties received by the High School constitute the Arts High School Fund.
Section 9 provides that the Fund is expended or used by, or with authority from, the Director upon recommendation of the Advisory Council to attain Executive Order purposes, in accordance with pertinent laws, rules, and regulations.
Section 9 requires that signatories to the Fund are the Director and the officer of the High School responsible for its finances.
Section 9 requires regular reports on the Fund’s status to be submitted to the Advisory Council.

Staffing holdover, structure approval, and transfers

Section 10 provides that upon approval of the Executive Order, officers and employees of the defunct Philippine High School for the Arts continue to perform duties and responsibilities in a holdover capacity and receive corresponding salaries and benefits unless duly separated.
Section 10 requires the position structure and staffing pattern be approved and prescribed by the Secretary of Education, Culture and Sports upon recommendation of the Director, with concurrence of the Secretary of Budget and Management, within one hundred twenty (120) days from approval of the Executive Order.
Section 10 provides that authorized positions created shall be filled with regular appointments by the High School or by the President of the Philippines, as the case may be.
Section 10 provides that incumbents whose positions are not included or who are not reappointed are deemed separated and receive benefits under existing laws, rules, and regulations.
Section 11 transfers the defunct school’s records, equipment, facilities, choses in action, rights, other assets, and personnel to the High School as necessary for proper accomplishment of the Executive Order objectives.
Section 11 provides that appropriations and funds of the defunct entity, if any, revert to the General Fund.
Section 11 provides that remaining assets, if any, are allocated to appropriate government units as determined by the Office of the President or disposed under the Government Auditing Code of the Philippines and other pertinent laws, rules, and regulations.
Section 11 provides that liabilities, if any are paid according to the Civil Code of the Philippines on concurrence and preference of credits.

Notice/consent for reorganizational changes

Section 12 provides a notice or consent protection for reorganizational changes authorized by the Executive Order when such changes materially prejudice third persons with rights recognized by law or contract.
Section 12 requires creditors’ notice or consent be complied with prior to implementation of the reorganizational change where such notice or consent is required under agreements with affected creditors.

Implementing rules, separability, and repeal

Section 13 requires the Secretary of Education, Culture and Sports to prescribe rules and regulations for efficient and effective implementation of the Executive Order.
Section 14 establishes separability: any portion declared unconstitutional or invalid does not nullify other portions if remaining portions can still subsist and be given effect in their entirety.
Section 15 repeals Presidential Decree No. 1287 (1978).
Section 15 repeals or modifies all other laws, issuances, rules, and regulations inconsistent with the Executive Order.

Dates and publication rule

Section 16 makes effectiveness depend on approval and publication in the Official Gazette.
The Executive Order is dated and signed on September 07, 1990.