AN
ACT PROVIDING FOR THE ESTABLISHMENT AND MAINTENANCE OF AN INTEGRATED
SYSTEM
OF EDUCATION.
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I.
GENERAL
PROVISIONS
CHAPTER
1
Preliminary
Matters
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Section
1. Title. — This Act shall be
known as the "Education Act of 1982."
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Sec.
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.
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CHAPTER
2
Declaration
of Basic State Policy and Objectives
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Sec.
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, socio-economic 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.
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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.
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Sec.
4. Declaration of Objectives.
— The educational system aim to:chanroblesvirtuallawlibrary
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;
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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.
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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
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Sec.
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:chanroblesvirtuallawlibrary
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.
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4. Extend
support to promote the viability of those institutions through which
parents,
students and school personnel seek to attain their educational goals.
Sec.
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:chanroblesvirtuallawlibrary
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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:chanroblesvirtuallawlibrary
a. "Teaching
or academic staff," or all persons engaged in actual teaching and/or
research
assignments, either on full-time or part-time 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.
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4. "Schools,"
or institutions recognized by the State which undertake educational
operations.
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Sec.
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.
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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.
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CHAPTER
2
Rights
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Sec.
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:chanroblesvirtuallawlibrary
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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.
Sec.
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:chanroblesvirtuallawlibrary
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.
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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.
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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.
Sec.
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:chanroblesvirtuallawlibrary
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.
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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.
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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.
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4. The
right to be free from involuntary contributions except those imposed by
their own organizations.
Sec.
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.
Sec.
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.
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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.
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Sec.
13. Rights of Schools. — In addition
to other rights provided for by law, schools shall enjoy the following:chanroblesvirtuallawlibrary
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.
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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.
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CHAPTER
3
Duties
and Obligations
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Sec.
14. Duties of Parents. — In addition
to those provided for under existing laws, all parents shall have the
following
duties and obligations:chanroblesvirtuallawlibrary
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.
Sec.
15. Duties and Responsibilities
of Students. — In addition to those provided for under existing laws,
every
student shall:chanroblesvirtuallawlibrary
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.
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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.
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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.
Sec.
16. Teacher's Obligations. —
Every teacher shall:chanroblesvirtuallawlibrary
1. Perform
his duties to the school by discharging his responsibilities in
accordance
with the philosophy, goals, and objectives of the school.
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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.
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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.
Sec.
17. School Administrators' Obligations.
— Every school administrator shall:chanroblesvirtuallawlibrary
1. Perform
his duties to the school by discharging his responsibilities in
accordance
with the philosophy, goals and objectives of the school.
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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.
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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.
Sec.
18. Obligations of Academic Non-Teaching
Personnel. — Academic non-teaching personnel shall:chanroblesvirtuallawlibrary
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.
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3. Promote
and maintain an atmosphere conducive to service and learning.
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III.
THE
EDUCATIONAL SYSTEMS
CHAPTER
1
Formal
Education
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Sec.
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.
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Sec.
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
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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.
Sec.
21. Objectives of Elementary
Education. — The objectives of elementary education are:chanroblesvirtuallawlibrary
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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.
Sec.
22. Objectives of Secondary Education.
— The objectives of secondary education are:chanroblesvirtuallawlibrary
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.
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Sec.
23. Objective of Tertiary Education.
— The objectives of tertiary education are:chanroblesvirtuallawlibrary
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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
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Sec.
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:chanroblesvirtuallawlibrary
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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:chanroblesvirtuallawlibrary
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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
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Sec.
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.
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Government
assistance to such schools for educational programs shall be used
exclusively
for that purpose.
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Sec.
26. Definition of Terms. — The
terms used in this Chapter are defined as follows:chanroblesvirtuallawlibrary
1. "Schools"
are duly established institutions of learning or educational
institutions.
2. "Public
Schools" are educational institutions established and administered by
the
government.
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3. "Private
Schools" are educational institutions maintained and administered by
private
individuals or groups.
Sec.
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.
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Sec.
28. Effects of Recognition; Punishable
Violations. — The issuance of a certificate of recognition to a school
shall have the following effects:chanroblesvirtuallawlibrary
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
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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.
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Sec.
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
Sec.
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.
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Each
school establish such arrangements for the peaceful settlement of
disputes
between or among the members of the educational community.
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Sec.
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.
Sec.
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.
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CHAPTER
5
School
Finance and Assistance
Sec.
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:chanroblesvirtuallawlibrary
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
Sec.
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.
Sec.
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.
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Sec.
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.
Sec.
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.
Sec.
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.
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Sec.
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
Sec.
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.
Sec.
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.
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Sec.
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.
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Sec.
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.
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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.
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Sec.
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
Sec.
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.
Sec.
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.
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Sec.
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.
Sec.
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.
Sec.
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.
Sec.
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.
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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
Sec.
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.
Sec.
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.
Sec.
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.
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IV.
THE
MINISTRY OF EDUCATION, CULTURE AND SPORTS
CHAPTER
1
General
Provisions
Sec.
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.
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Sec.
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.
Sec.
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.
Sec.
57. Functions and Powers of the
Ministry. — The Ministry shall:chanroblesvirtuallawlibrary
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;
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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.
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Sec.
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.
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CHAPTER
2
Board
of Higher Education
Sec.
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.
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Sec.
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.
Sec.
61. Function of the Board of
Higher Education. — The Board shall:chanroblesvirtuallawlibrary
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.
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3. Assist
the Minister of Education, Culture and Sports in making recommendation
relatives to the generation of resources and their allocation for
higher
education.
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CHAPTER
3
The
Bureaus
Sec.
62. Bureau of Elementary Education.
— The Bureau shall perform the following functions:chanroblesvirtuallawlibrary
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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
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3. Formulate
guidelines to improve elementary school physical plants and equipment,
and general management of these schools.
Sec.
63. Bureau of Secondary Education.
— The Bureau shall perform the following functions:chanroblesvirtuallawlibrary
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.
Sec.
64. Bureau of Technical and Vocational
Education. — The Bureau shall perform the following:chanroblesvirtuallawlibrary
1. Collaborate
with other agencies in the formulation of manpower plans;
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2. Conduct
studies, formulate, develop and evaluate post-secondary
vocational-technical
programs and recommend educational standards for these programs;
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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
vocational-technical schools.
Sec.
65. Bureau of Higher Education.
— The Bureau of higher Education shall perform the following functions:chanroblesvirtuallawlibrary
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
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5. Perform
other functions provided for by law.
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Sec.
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:chanroblesvirtuallawlibrary
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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;
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2. Provide
opportunities for the acquisition of skills necessary to enhance and
ensure
continuing employability, efficiency, productivity, and competitiveness
in the labor market;
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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
Sec.
67. Functions. — A regional office
shall:chanroblesvirtuallawlibrary
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.
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V.
MISCELLANEOUS
PROVISIONS
CHAPTER
1
Penal/Administrative
Sanctions
Sec.
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.
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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.
Sec.
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:chanroblesvirtuallawlibrary
1. Mismanagement
of school operations;
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2. Gross
inefficiency of the teaching or non-teaching personnel;
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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.
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CHAPTER
2
Administrative
Provisions
Sec.
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.
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Sec.
71. Separability Provision. —
Any part or provision of this Act which may held invalid or
unconstitutional
shall not affect its remaining parts of provisions.
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Sec.
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.
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Sec.
73. Effectivity. — This Act shall
take effect upon its approval.
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Approved:
September 11, 1982
