National policy, rights, and objectives
- Section 3 declares it the State policy to establish and maintain a complete, adequate, and integrated system of education relevant to national development goals within a free and democratic system.
- The State must ensure the maximum contribution of the educational system to:
- achieving and maintaining an accelerating rate of economic development and social progress;
- assuring the maximum participation of all people in the attainment and enjoyment of the benefits of growth; and
- achieving and strengthening national unity and consciousness and preserving/developing/promoting desirable cultural, moral and spiritual values.
- The State must promote the right of every individual to relevant quality education regardless of sex, age, creed, socio-economic status, physical and mental conditions, racial or ethnic origin, political or other affiliation.
- The State must promote and maintain equality of access to education and the enjoyment of its benefits by all citizens.
- Section 4 sets educational system aims to:
- provide broad general education toward personal development, participation in society, and an essential educational foundation for productive and versatile citizenship;
- train manpower in middle-level skills required for national development;
- develop professions that provide leadership and advance knowledge improving human life; and
- respond effectively to changing national needs through a system of educational planning and evaluation.
- Educational institutions must inculcate love of country, teach the duties of citizenship, and develop moral character, personal discipline, and scientific, technological, and vocational efficiency.
- The educational system must reach out to educationally deprived communities to give meaningful reality to membership in national society, enrich civic participation, and unify Filipinos into a free and just nation.
Educational community: definitions and participation
- Section 6 defines the “educational community” as persons or groups of persons (as such, or associated in institutions) involved in organized teaching and learning systems.
- Members/elements include parents/guardians or the head of the institution/foster home with custody of the pupil/student, students (enrolled and regularly attending a secondary or higher institution or engaged in formal study), and pupils (regularly attending elementary level under a teacher’s supervision).
- “School personnel” includes:
- teaching or academic staff (actual teaching and/or research assignments full-time or part-time);
- school administrators (policy implementing positions for school functions at all levels);
- academic non-teaching personnel (academic qualifications performing academic functions supportive of teaching, e.g., registrars, librarians, guidance counsellors, researchers, research assistants, research aides, and similar staff); and
- non-academic personnel (all other school personnel not falling under the above categories).
- “Schools” are institutions recognized by the State that undertake educational operations.
- Section 7 requires every educational institution to provide for the establishment of appropriate bodies for members of the educational community to discuss relevant issues and communicate information and suggestions for assistance, support, and promotion of common interest.
- Representatives from each subgroup of the educational community must sit and participate in these bodies; the rules and procedures must be approved by them and duly published.
Rights of parents, students, and personnel
- Section 8 grants parents or guardians with children enrolled in a school, in addition to other rights under existing laws:
- the right to organize (by themselves and/or with teachers) to provide a forum for discussion of matters relating to the total school program and ensure full cooperation in formulating and implementing such programs; and
- the right to access any official record directly relating to the children under their parental responsibility.
- Section 9 grants students and pupils the following rights (subject to limitations prescribed by law and regulations):
- to receive relevant quality education primarily through competent instruction in line with national goals and conducive to full development with human dignity;
- to freely choose a field of study within existing curricula and continue up to graduation, except in cases of academic deficiency or violation of disciplinary regulations;
- to school guidance and counselling services;
- to access their own school records, with the school required to maintain and preserve confidentiality;
- to issuance of official certificates, diplomas, transcripts of records, grades, transfer credentials, and similar documents within thirty days from request;
- to publish a student newspaper and similar publications, and to invite resource persons during assemblies, symposia, and similar activities;
- to free expression of opinions and suggestions and effective channels of communication with appropriate academic and administrative bodies;
- to form, establish, join, and participate in recognized organizations and societies to foster intellectual/cultural/spiritual/physical growth, or for purposes not contrary to law; and
- to be free from involuntary contributions, except those approved by their own organizations or societies.
- Section 10 grants all school personnel:
- the right to free expression of opinion and suggestions and effective channels of communication with appropriate academic and administrative bodies;
- the right to free legal service for public school personnel through the appropriate government office, and for private school personnel through school authorities concerned, when charged in administrative, civil and/or criminal proceedings by parties other than the school or regulatory authorities concerned for actions committed directly in lawful discharge of professional duties and/or in defense of school policies;
- the right to establish, join, and maintain labor organizations and/or professional and self-regulating organizations of their choice; and
- the right to be free from involuntary contributions except those imposed by their own organizations.
- Section 11 grants teaching or academic staff:
- freedom from compulsory assignments not related to duties in their appointments/employment contracts unless compensated, consistent with existing law;
- a right to intellectual property consistent with applicable laws;
- teachers are deemed persons in authority when discharging lawful duties and must be accorded due respect and protection;
- teachers must be accorded opportunity to choose alternative career lines for career advancement (either school administration, classroom teaching, or others).
- Section 12 provides school administrators, consistent with existing laws, regulations, and policies of the Ministry of Education, Culture and Sports, sufficient administrative discretion for efficient and effective performance, and deems them persons in authority while discharging lawful duties for due respect and protection.
- Section 13 grants schools:
- the right of governing boards or lawful authorities to provide proper governance and adopt/enforce administrative or management systems;
- the right of institutions of higher learning to determine on academic grounds who shall be admitted, who may teach, and what subjects shall be studied and researched.
Duties and responsibilities across stakeholders
- Section 14 requires parents, in addition to duties under existing laws, to:
- individually or collectively help carry out educational objectives in accordance with national goals through the school systems;
- enable their children to obtain elementary education and strive to enable them to obtain secondary and higher education; and
- cooperate with the school in implementing the school program’s curricular and co-curricular activities.
- Section 15 requires students to:
- exert utmost effort to develop potentialities for service through education suited to abilities for becoming an asset to family and society;
- uphold academic integrity, endeavor to achieve academic excellence, and abide by rules governing academic responsibilities and moral integrity;
- promote and maintain peace and tranquility of the school by observing discipline and maintaining harmonious relationships with fellow students, teaching staff, academic staff, and other personnel;
- actively participate in civic affairs and the promotion of general welfare, particularly in social/economic/cultural development of the community and attainment of a just/compassionate/orderly society; and
- exercise rights responsibly with acknowledgment of accountability for infringements/violations of public welfare and rights of others.
- Section 16 requires every teacher to:
- perform duties consistent with the philosophy/goals/objectives of the school;
- be accountable for efficient and effective attainment of specified learning objectives pursuance of national development goals within available resources;
- render regular reports on each student’s performance to the student and the student’s parents/guardians with specific suggestions for improvement;
- assume responsibility for professional growth and advancement while maintaining professionalism;
- refrain from making deductions in scholastic ratings for acts clearly not manifestations of poor scholarship; and
- participate as an agent of constructive social/economic/moral/intellectual/cultural/political change in school and community within national policies.
- Section 17 requires every school administrator to:
- perform duties consistent with the philosophy/goals/objectives of the school;
- be accountable for efficient and effective school administration and management;
- develop and maintain a healthy school atmosphere conducive to academe freedom, effective teaching/learning, and harmonious/progressive school-personnel relationships;
- maintain professional behavior in dealing with students, teachers, academic non-teaching personnel, administrative staff, and parents/guardians;
- render adequate reports to personnel on actual performance versus expected performance and counsel on ways to improve;
- observe due process, fairness, promptness, privacy, constructiveness, and consistency in disciplining teachers and other personnel; and
- maintain adequate records and submit required reports to the Ministry of Education, Culture and Sports.
- Section 18 requires academic non-teaching personnel to:
- improve professionally by keeping abreast of latest trends and techniques;
- maintain a professional attitude and supportive, cordial relations with students, teachers, administrators, and administrative staff;
- promote and maintain an atmosphere conducive to service and learning.
Formal and non-formal education structures
- Section 19 declares formal education (the school system) as society’s primary learning system and the main instrument for achieving the country’s educational goals and objectives.
- Section 20 defines Formal Education as hierarchically structured and chronologically graded learnings organized and provided by the formal school system, for which certification is required to progress through grades or move to higher levels.
- Formal education corresponds to:
- Elementary Education as the first stage of compulsory, formal education (usually six or seven grades, including pre-school programs);
- Secondary Education as the stage following elementary, usually corresponding to four years of high school, continuing basic education and expanding to include learning of employable gainful skills; and
- Tertiary Education as higher education post-secondary leading to a degree in a specific profession or discipline.
- Section 21 sets elementary education objectives to develop essential skills/attitudes/values for personal development; increase awareness and responsiveness to society’s changes and just demands; promote knowledge/identification/love for the nation; and promote work experiences developing orientation to the world of work and creativity for honest and gainful work.
- Section 22 sets secondary education objectives to continue elementary objectives and discover/enhance aptitudes and interests to equip skills for productive endeavor and/or prepare for tertiary schooling.
- Section 23 sets tertiary education objectives to provide general education promoting national identity, cultural consciousness, moral integrity, and spiritual vigor; train manpower skills for national development; develop professions providing leadership; and advance knowledge through research and applying new knowledge to improve human life and respond to changing societal needs.
- Section 24 recognizes the State’s responsibility to provide specialized services within the context of the formal education system including:
- Work Education/Practical Arts as basic education program developing right attitudes toward work;
- Technical-vocational education as post-secondary but non-degree programs leading to one to three-year certificates for middle-level occupations;
- Special Education for persons differing physically, mentally, emotionally, socially, or culturally requiring modification of school practices/services to develop maximum capacity; and
- Non-formal Education as organized school-based educational activities undertaken by the Ministry and other agencies aimed at specific learning objectives for particular clientele (especially illiterates and out-of-school youth and adults) distinct from and outside regular offerings of the formal system.
- Section 24 also sets non-formal education objectives to eradicate illiteracy and raise functional literacy; provide unemployed and underemployed youth and adults with appropriate vocational/technical skills; and develop proper values and attitudes for personal, community, and national development.
Establishment, recognition, governance of schools
- Section 25 requires all schools to be established in accordance with law.
- New national schools and conversions of existing schools (elementary to national secondary; or secondary to national secondary or tertiary) must be by law.
- Private schools proposed to be established must incorporate as a non-stock educational corporation under the Corporation Code of the Philippines; this incorporation requirement may be waived for family-administered pre-school institutions.
- Government assistance to such schools for educational programs must be used exclusively for that purpose.
- Section 26 defines “Schools,” “Public Schools,” and “Private Schools” for the chapter on establishment and recognition.
- Section 27 makes school educational operations subject to prior authorization of the government through recognition.
- For government-operated schools, recognition of educational programs and/or operations is deemed granted simultaneously with establishment.
- For other cases, the rules and regulations governing recognition are prescribed and enforced by the Ministry, including who may apply, a permit system, conditions for grant, and conditions for cancellation/withdrawal.
- Section 28 provides effects of the issuance of a certificate of recognition:
- it transforms a temporary permit into a permanent authority to operate;
- it allows the school/college to issue certificates, titles, or diplomas to students who completed recognized course/s; and
- it entitles graduates of recognized courses to all benefits and privileges enjoyed by graduates in similar recognized courses in all government-recognized schools.
- Section 28 declares punishable violations for operation of schools and educational programs without authorization and/or in violation of recognition terms, subject to penalties in the Act.
- Section 29 directs the Ministry to encourage voluntary accreditation programs for institutions meeting standards of quality above minimum requirements for state recognition.
- Section 30 requires each school to establish internal organization enabling academic and administrative functions, subject to limitations provided by law, and to establish arrangements for peaceful settlement of disputes among members of the educational community.
- Section 31 requires every government college/university established as a tertiary institution and every private school to have a governing board pursuant to its charter or the Corporation Code.
- Section 32 governs personnel transactions:
- in government schools, employment terms are governed by Civil Service, budgetary, and compensation laws and rules;
- in private schools, employer-employee disputes fall under the jurisdiction of the Ministry of Labor and Employment, subject to labor laws and implementing rules; and
- for teaching and academic non-teaching personnel special employment status, jointly promulgated standards of the Ministry of Education, Culture and Sports and the Ministry of Labor and Employment apply by the Ministry of Labor and Employment;
- every private school must establish and implement a system for prompt and orderly settlement of personnel disputes at the school level, subject to Articles 262 and 263 of the Labor Code.
School finance and education incentives
- Section 33 declares State policy for national government contribution to financial support of educational programs and includes measures to broaden access through financial assistance and incentives to schools/teachers/pupils/students and encourage private support through fiscal and other assistance measures.
- Sections 34–36 provide funding structure for public secondary education:
- public schools continue to be funded primarily from national funds;
- local governments are encouraged to assume operation of local public schools on the basis of national fund participation and adequate revenue sources assigned by the national government;
- the national government extends financial aid and assistance to public secondary schools established and maintained by local governments, including barangay high schools; and
- provinces, cities, municipalities, and barangays appropriate funds in their annual budgets for operation and maintenance of public secondary schools on the basis of national fund participation.
- Section 37 governs the Special Education Fund:
- proceeds accruing to local governments must 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 Budget;
- proceeds are treated as a local fund and are subject to Presidential Decree No. 477, Presidential Decree No. 1375, and other applicable local budget laws and regulations.
- Section 38 allows secondary and post-secondary schools to charge tuition and other school fees to improve facilities or accommodate more students.
- Section 39 allows government-supported educational institutions to receive grants, legacies, donations, and gifts for purposes allowed by existing laws, and allows retention and use of income generated from production activities and auxiliary enterprises for schools, under joint rules issued by the Ministry of the Budget, Ministry of Education, Culture and Sports, and the Commission on Audit, consistent with appropriation and budgetary laws.
- Sections 40–44 provide funding of private schools:
- private schools may be funded from capital investments/equity contributions, tuition and other school charges, grants, loans, subsidies, passive investment income, and other sources;
- government aid to private schools may be in grants or scholarships or loans from government financial institutions if programs meet defined educational requirements and standards and contribute to national development goals;
- each private school determines its rate of tuition and other school fees/charges, and these are collectible subject to Ministry of Education, Culture and Sports rules and regulations;
- recognized private schools may receive grants/legacies/donations/gifts/bequests/devise from authorized persons/entities under law; and
- private schools are authorized to engage in auxiliary enterprises to generate income primarily to finance educational operations and/or reduce students’ fees;
- tuition proceeds and other school charges and other school income are treated as institutional funds, and schools may pool such funds under joint management to generate additional financial resources.
- Sections 45–50 establish incentives tied to private education:
- Section 45 declares a State incentive program to encourage community participation in educational sector development.
- Section 46 imposes real property tax treatment for real property actually, directly, and exclusively used for educational purposes at a tax based on 15% of market value, with proceeds accruing to a special private education fund managed and disbursed by a local private school board in each municipality or chartered city, chaired by the mayor or representative, with limited representatives from institutional taxpayers and alumni, and with rules for board membership expansion when private institutions exceed specified enrollment thresholds.
- Section 46 also requires that 50% of the additional 1% real estate property tax under Republic Act 5447 accrue to the special private education fund.
- The private school board must adopt rules to finance annual programs/projects of institutional taxpayers for student-pupil scholarships; improvement of instructional (including laboratory) facilities/equipment; library books and periodicals acquisition; and extension service in the community, in that order of priority.
- Section 47 exempts gifts/donations in favor of a government-recognized school/college/university from tax if used for classroom/laboratory or library facilities and not inure to officers/directors/officials/owners or paid as salary/adjustments/allowances, except for support of faculty and/or professorial chairs.
- Section 48 exempts earnings from investment of a duly established scholarship fund of a government-recognized school (constituted from gifts/contributions/resources assigned) from tax while earnings are actually used to fund additional scholarship grants to financially deserving students, until the scholarship fund is fully liquidated, when the outstanding balance becomes subject to tax.
- Section 49 provides tax exemption for gains from sale/disposition/transfer of property by a duly established private school/college/university pursuant to a government- or institution-approved school dispersal program if total proceeds are reinvested in a new/existing duly established school in the dispersal site within 1 year; otherwise, taxes due on realized gains become immediately due and payable.
- Section 50 allows conversion of an educational institution into a non-stock, non-profit educational foundation in accordance with implementing rules jointly issued by the Ministry of Education, Culture and Sports and the Ministry of Finance; and provides that if a stock corporation’s educational institution corporate existence ceases and is not renewed, net assets after liquidation of liabilities may be conveyed to a non-profit educational institution/successor non-profit educational institution, or distributed by a court to another organization to be used to accomplish the dissolved organization’s general purposes, as the court determines.
- Sections 51–53 provide student assistance:
- Section 51 requires the government to provide financial assistance to financially disadvantaged and deserving students through state scholarships, grants-in-aid, assistance from the Educational Loan Fund, or subsidized tuition rates in state colleges and universities, and requires reserve quotas for financially needed but academically qualified students from national cultural communities.
- Section 52 encourages educational institutions to grant scholarships pursuant to existing laws and future scholarship measures provided for by law.
- Section 53 encourages the private sector—especially educational institutions, business, and industry—to grant financial assistance to students, especially those undertaking research in science and technology or projects necessary within national development.
Ministry powers, structure, and program planning
- Section 54 vests administration of the education system, and pursuant to the Constitution, supervision and regulation of educational institutions, in the Ministry of Education, Culture and Sports, without prejudice to charters of state colleges and universities.
- Section 55 sets the Ministry’s leadership and structure:
- the Ministry is headed by the Minister assisted by one or more Deputy Ministers;
- it includes the Ministry proper (office of the Minister and services), the Board of Higher Education, bureaus (elementary, secondary, higher, technical and vocational, and continuing education), regional and field offices, the National Scholarship Center and other agencies under law, and cultural agencies (National Library, National Historical Institute, National Museum, and Institute of National Language);
- new offices created/authorized function subject to approval of the President upon recommendation of the Minister in consultation with the Presidential Commission on Reorganization.
- Section 56 abolishes the National Board of Education and transfers its appropriations, personnel, records, and equipment to the Office of the Minister.
- Section 57 grants the Ministry functions and powers including:
- formulating general education objectives and policies and adopting long-range educational plans;
- planning, developing, and implementing education and culture programs/projects;
- promulgating rules and regulations necessary for administration, supervision, and regulation consistent with declared policy;
- setting general objectives for the school system;
- coordinating activities/functions of the school system and cultural agencies;
- coordinating/work with agencies concerned with educational and cultural development of national cultural communities; and
- recommending and studying proposed legislation.
- Section 58 requires an annual report by the Minister to the Batasang Pambansa at least thirty (30) days before opening its regular session, covering implementation of the national basic education plan, education sector condition, program effectiveness, adequacy/deficiency of appropriations and expenditures status, impact across regions, enrollment growth, adequacy of academic facilities, concentration of low income groups, and supply of teaching and non-teaching personnel, with comments and appropriate recommendations.
- Section 59 declares higher education policy to gear it toward better quality education, middle and high-level manpower development, and intensification of research and extension services, pursuing equity, efficiency, and high quality across public and private higher education institutions.
- Section 60 reconstitutes the Board of Higher Education as an advisory body to the Minister:
- it is composed of a Deputy Minister designated Chairman and four members appointed by the President upon nomination by the Minister for a term of four years;
- appointees must distinguish themselves in higher education and development in public or private sectors;
- initial appointment terms are four, three, two, and one years for the four non ex officio members;
- the Director of the Bureau of Higher Education participates without the right to vote;
- the Bureau provides technical and staff support, and the Board may create technical panels of experts as needed.
- Section 61 sets Board functions to:
- recommend policies on planning and management of the integrated system of higher education and continuing evaluation;
- recommend to the Minister steps to improve governance of higher education components at national and regional levels; and
- assist the Minister in recommendations for generation of resources and allocation for higher education.
- Sections 62–66 define bureau functions:
- Elementary Education: studies and develops/evaluates elementary standards and programs; prepares prototype curricular designs/instructional materials/teacher training; formulates guidelines for physical plants/equipment and management.
- Secondary Education: studies/develops/evaluates secondary standards/programs; develops curricular designs and prepares instructional materials; prepares/evaluates programs to upgrade quality of teaching and non-teaching staff; formulates guidelines for physical plants/equipment and management.
- Technical and Vocational Education: collaborates on manpower plans; studies/develops/evaluates post-secondary vocational-technical programs and recommends standards; develops curricular designs and instructional materials; prepares/evaluates upgrading programs for staff; formulates guidelines for physical plant and equipment.
- Higher Education: develops/formulates/evaluates higher education programs/projects/standards; assists Board; provides technical assistance to encourage institutional development; compiles/analyzes/evaluates data; and performs other functions provided by law.
- Continuing Education: provides non-formal learning programs/activities serving as a means to meet learning needs of those unable to avail of formal education; provides opportunities for skills for continuing employability, efficiency, productivity, and labor market competitiveness; expands access to educational opportunities across varied interests/demographic/socio-economic origins or status.
- Section 67 requires each regional office to:
- formulate a regional plan of education based on the national plan and taking into account regional needs and special traditions;
- implement education laws/policies/plans/programs/rules and regulations in its area; and
- provide economical, efficient, and effective education services to the people in the area.
Penal and administrative sanctions
- Section 68 establishes criminal penalties for violations of Section 28, Chapter 3, Title III:
- upon conviction, the fine is not less than PHP 2,000.00 nor more than PHP 10,000.00, 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 is equally liable.
- Section 69 authorizes the Minister of Education, Culture and Sports to prescribe and impose administrative sanctions that are reasonable and appropriate in implementing rules and regulations for causes including:
- mismanagement of school operations;
- gross inefficiency of teaching or non-teaching personnel;
- fraud or deceit in connection with the application for Ministry permit or recognition;
- failure to comply with conditions or obligations prescribed by the Code or its implementing rules and regulations;
- unauthorized operation of a school/course/component thereof, or violation of the requirements governing advertisements or announcements of educational institutions.
- Section 69 requires sanctions against schools to be imposed without prejudice to the interest of students, teachers, and employees.
Rule-making, separability, repeal, and effectivity
- Section 70 requires the Minister of Education, Culture and Sports to promulgate necessary implementing rules and regulations for administration and enforcement of the Act