RULES AND REGULATIONS FOR THE IMPLEMENTATION OF BATAS PAMBANSA BLG.

232 (EDUCATION ACT OF 1982)

AN ACT PROVIDING FOR THE ESTABLISHMENT AND MAINTENANCE OF AN INTEGRATED SYSTEM OF EDUCATION

I.

GENERAL PROVISIONS

CHAPTER 1 Preliminary Matters

Section 1. Title. - This Act shall be known as the "Education Act of 1982."

Section 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 educationalsystem.

CHAPTER 2 Declaration of Basic State Policy and Objectives

Section 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 thebenefits ofeducation by all its citizens.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.

Section 4. Declaration of Objectives. - The educational system aim to: 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; 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.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

Section 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: 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 careerprospects. 4. Extend support to promote the viability of those institutions through which parents, students and school personnel seek to attain their educational goals.

Section 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: Or guardians or the head of the institution or foster home which has custody of the pupil or student. 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. Or all persons working for an educational institution, which includes the following: 1. "Parents" or guardians or the head of the institution or foster home which has a custody of the pupil or student. 2. "Students," or those enrolled in and who regularly attend an educational institution of secondary or higher level of a person engaged in a 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: 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.

4. "Schools," or institutions recognized by the State which undertake educationaloperations.

Section 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. 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.

CHAPTER 2 Rights

Section 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: 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.

Section 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: 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 choose 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. 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 ofsimilar nature. 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.

Section 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: 1. The right to free expression of opinion and suggestions, and to effective channels of communication with appropriate academic and administrative bodies of theschool orinstitution.

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. 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. 4. The right to be free from involuntary contributions except those imposed by their own organizations.

Section 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 therefore, 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.

Section 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.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.

Section 13. Rights of Schools. - In addition to other rights provided for by law, schoolsshall enjoy the following: 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. 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.

CHAPTER 3 Duties and Obligations

Section 14. Duties of Parents. - In addition to those provided for under existing laws, all parents shall have the following duties and obligations: 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.

Section 15. Duties and Responsibilities of Students. - In addition to those provided for under existing laws, every student shall: 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 assetto his family and to society. 2. Uphold the academic integrity of the school, endeavor to achieve academic excellence and abide by the rules and regulations governing his

academicresponsibilities andmoral integrity.

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.

Section 16. Teacher's Obligations. - Every teacher shall: 1. Perform his duties to the school by discharging his responsibilities in accordance with the philosophy, goals, and objectives of the school. 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. 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.

Section 17. School Administrators' Obligations. - Every school administrator shall: 1. Perform his duties to the school by discharging his responsibilities in accordance withthe philosophy, goals and objectives of the school. 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. 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 nonacademic 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.

Section 18. Obligations of Academic Non-Teaching Personnel. - Academic nonteaching personnel shall: 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. 3. Promote and maintain an atmosphere conducive to service and learning.

III.

THE EDUCATIONAL SYSTEMS

CHAPTER 1 Formal Education

Section 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.

Section 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 tothe following levels:

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 adegree in a specific profession or discipline.

Section 21. Objectives of Elementary Education. - The objectives of elementary education are: 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.

Section 22. Objectives of Secondary Education. - The objectives of secondary education are: 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 tertiaryschooling. Section 23. Objective of Tertiary Education. - The objectives of tertiary education are: 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

Section 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:

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: 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 School

Section 25. Establishment of Schools. - All schools shall be established in accordancewith 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. Government assistance to such schools for educational programs shall be used exclusively for that purpose.

Section 26. Definition of Terms. - The terms used in this Chapter are defined as follows: 1. "Schools" are duly established institutions of learning or educational institutions. 2. "Public Schools" are educational institutions established and administered by the government. 3. "Private Schools" are educational institutions maintained and administered byprivate individuals or groups.

Section 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 recognitionand for its cancellation and withdrawal, andproviding for related matters.

Section

28. Effects of Recognition; Punishable Violations. - The issuance of a

certificate of recognition to a school shall have the following effects: 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 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.

Section 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

Section 30. Organization of Schools. - Each school shall establish such internal organization as will best enable it to carry out its academic and

administrativefunctions,subject to limitations provided by law. Each school establishes such arrangements for the peaceful settlement of disputes between or among the members of the educationalcommunity.

Section 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. Section 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 orderlysettlement of provisions of Articles 262 and 263 of the LaborCode.

CHAPTER 5 School Finance and Assistance

Section 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: 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 measure.

A. FUNDING OF REPUBLIC SCHOOLS Section 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.

Section 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.

Section 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.

Section 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.

Section 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.

Section 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 Section 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.

Section 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 ofnational development goals.

Section 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 ofEducation, Culture and Sports.

Section 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, and foundation, trust of philanthropic organization, or research institution or organization as may be authorized by law.

Furthermore, private schools are authorized to engage in any auxiliary enterprise to generate income primarily to finance their educational operations and/or to reduce theneed to increase students' fees.

Section 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 Section 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.

Section 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.

Section 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.

Section 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.

Section 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.

Section 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. 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 Section 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.

Section 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.

Section 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.

IV.

THE MINISTRY OF EDUCATION, CULTURE AND SPORTS

CHAPTER 1 General Provisions

Section 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.

Section 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.

Section 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. Section 57. Functions and Powers of the Ministry. - The Ministry shall: 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; 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.

Section 58. Report to the BatasangPambansa. - The Minister of Education, Culture and Sports shall make an annual report to the BatasangPambansa 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 nonteaching personnel, with such comments and appropriate recommendations thirty (30) days before the opening of its regularsession.

CHAPTER 2 Board of Higher Education

Section 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.

Section 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.

Section 61. Function of the Board of Higher Education. - The Board shall: 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 nationaland regional levels. 3. Assist the Minister of Education, Culture and Sports in making recommendation relatives to the generation of resources and their allocation for higher education.

CHAPTER 3 The Bureaus

Section 62. Bureau of Elementary Education. The Bureau shall perform thefollowing functions: 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; 3. Formulate guidelines to improve elementary school physical plants and equipment, and general management of these schools.

Section 63. Bureau of Secondary Education. - The Bureau shall perform the following functions: 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.

Section 64. Bureau of Technical and Vocational Education. - The Bureau shall perform the following: 1. Collaborate with other agencies in the formulation of manpower plans; 2. Conduct studies, formulate, develop and evaluate post-secondary vocational-technical programs and recommend educational standards for these programs; 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 vocationaltechnical schools.

Section 65. Bureau of Higher Education. - The Bureau of higher Education shall perform the following functions: 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 5. Perform other functions provided for by law.

Section 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: 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; 2. Provide opportunities for the acquisition of skills necessary to enhance and ensure continuing employability, efficiency, productivity, and competitiveness in the labor market; 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

Section 67. Functions. - A regional office shall: 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.

V.

MISCELLANEOUS PROVISIONS

CHAPTER 1 Penal/Administrative Sanctions

Section 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. If the act iscommitted by a school corporation, the school head together with the person or persons responsible for the offense or violation shall be equally liable. Section 69. Administrative Sanction. - The Minister of Education, Culture andSports 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: 1. Mismanagement of school operations; 2. Gross inefficiency of the teaching or non-teaching personnel; 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 itsimplementing 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.

CHAPTER 2 Administrative Provisions

Section 70. Rule-making Authority. - The Minister Education, Culture and Sports charged with the administration and enforcement of this Act shall romulgate the necessary implementing rules and regulations.

Section 71. Separability Provision.- Any part or provision of this Act which may held invalid or unconstitutional shall not affect its remaining parts of provisions.

Section 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.

Section 73. Effectivity. - This Act shall take effect upon its approval.

Approved: September 11, 1982.

CODE OF ETHICS AND PROFESSIONAL STANDARDS FOR TEACHERS Resolution No. 435 Series of 1997

Pursuant to the provisions of Paragraph (e), Article II, of R.A. 7836, otherwise known as the Philippines Teachers Professionalization Act of 1994 and Paragraph (a), Section 6 P.D. No. 223, as amended, the Board of Professional Teachers hereby adopts and promulgates the following Code of Ethics for Professional Teachers.

PREAMBLE

Teachers are duly licensed professionals who possess dignity and reputation with high moral values as well as technical and professional competence. In the practice of their noble profession, they strictly adhere to, observe, and practice this set of ethical and moral principles, standard and values.

ARTICLE I SCOPE AND LIMITATIONS

Section1. The Philippine Constitution provides that all educational institutions shall offer quality education for all Filipino citizens, a vision that requires professionally

competent teachers committed to is full realization. The provisions of this Code shall apply, therefore to all teachers in all schools in the Philippines. Section 2. This Code covers all public and private school teachers in all institutions at the preschool, primary, elementary, and secondary levels whether academic, vocational, special, technical, or non-formal. The term teacher shall include industrial art or vocational teachers and all other persons performing supervisory and/or administrative functions in all school at the aforesaid levels, whether on full-time or parttime basis.

ARTICLE II THE TEACHER AND THE STATE

Section 1. The schools are the nurseries of the citizens of the state. Each teacher is a trustee of the cultural and educational heritage of the nation and is under obligation to transmit to learners such heritage as well as to elevate national morality, promote national pride, cultivate love of country, instill allegiance to the Constitution and respect for all duly constituted authorities, and promote obedience to the laws of the state.

Section 2. Every teacher or school official shall actively help carry out the declared policies of the state, and shall take an oath to this effect.

Section 3. In the interest of the State of the Filipino people as much as of his own, every teacher shall be physically, mentally and morally fit.

Section 4. Every teacher shall possess and actualize full commitment and devotion to duty. Section 5. A teacher shall not engage in the promotion of any political, religious, or other partisan interest, and shall not, directly, or indirectly, solicit, require, collect, or receive any money, service, other valuable material from any person or entity for such purposes.

Section 6. Every teacher shall vote and shall exercise all other constitutional rights and responsibilities.

Section 7. A teacher shall not use his position or official authority of influence to coerce any other person to follow any political course of action.

Section 8. Every teacher shall enjoy academic freedom and shall have the privilege of sharing the product of his researches and investigations, provided that, if the results are inimical to the declared policies of the State, they shall be drawn to the proper authorities from appropriate remedial action.

ARTICLE III THE TEACHER AND THE COMMUNITY

Section 1. A teacher is a facilitator of learning and of the development of the youth; he shall, therefore, render the best services by providing an environment conducive to such learning and growth.

Section 2. Every teacher shall provide leadership and initiative to actively participate in community movements for moral, social, educational, economic and civic betterment.

Section 3. Every teacher shall merit reasonable social recognition for which purpose he shall behave with honor and dignity at all times and refrain from such activities such as gambling, smoking, drunkenness and other excesses, much less illicit relations.

Section 4. Every teacher shall help the school keep the people in the community, and shall, therefore, study and understand local customs and traditions in order to have a sympathetic attitude, therefore, refrain from disparaging the community.

Section 5. Every teacher shall help the school keep the people in the community informed about the schools work and accomplishments as well as its needs and problems.

Section 6. Every teacher is an intellectual leader in the community, especially in the barangay, and shall welcome the opportunity to provide such leadership when needed, to extend counseling services, as appropriate, and to actively be involved in matters affecting the welfare of the people.

Section 7. Every teacher shall maintain harmonious and pleasant personal and official relations with other professionals, with government officials, and with the people, individual or collectively.

Section 8. A teacher shall possess freedom to attend church and worship, as appropriate, but shall not use his position and influence to proselyte others.

ARTICLE IV THE TEACHER AND THE PROFESSION

Section 1. Every teacher shall actively help insure that teaching is the noblest profession, and shall manifest genuine enthusiasm and pride in teaching as a noble calling.

Section 2. Every teacher shall uphold the highest possible standards of quality education, shall make the best preparation for the career of teaching, and shall be at his best at all times in the practice of his profession.

Section 3. Every teacher shall participate in the continuing professional education (CPE) program of the Professional Regulation Commission, and shall pursue such other studies as will improve his efficiency, enhance the prestige of profession, and strengthen his competence, virtues, and productivity in order to be nationally and internationally competitive.

Section 4. Every teacher shall help, if duly authorized, to seek support for the school, but shall not make improper misrepresentations through personal advertisements and other questionable means.

Section 5. Every teacher shall use the teaching profession in a manner that makes it a dignified means for earning a decent living.

ARTICLE V THE TEACHER AND THE TEACHING COMMUNITY

Section 1. Teachers shall, at all times, be imbued with the spirit of professional loyalty, mutual confidence, and faith in one another, self-sacrifice for the common good

and full cooperation with colleagues. When the best interest of the learners, the school, or the profession is at stake in any controversy, teachers shall support one another.

Section 2. A teacher is not entitled to claim for work not of his own, and shall give due credit for the work of others which he may use.

Section 3. Before leaving his position, a teacher shall organize and leave to his successor such records and other data as are necessary to carry on the work.

Section 4. A teacher shall inviolate all confidential information concerning associates and the school, and shall not divulge to anyone documents which have not yet been officially released, or remove records from the files without official permission.

Section 5. It shall be the responsibility of every teacher to seek correctives for what may appear to be an unprofessional and unethical conduct of any associate. This may be done only if there is incontrovertible evidence for such conduct.

Section 6. A teacher may submit to the proper authorities any justifiable criticism against an associate, preferably in writing, without violating any rights of the individual concerned.

Section 7. A teacher may apply for a vacant position for which he is qualified, provided that he respects the system of selection on the basis of merit and competence, provided, further, that all qualified candidates are given the opportunity to be considered.

ARTICLE VI THE TEACHER AND HIGHER AUTHORITIES IN THE PHILIPPINES

Section 1. A teacher shall make it his duty to make an honest effort to understand and support the legitimate policies of the school and the administration regardless of professional feeling or private opinion and shall faithfully carry them out. Section 2. A teacher shall not make any false accusation or charges against superiors, especially under anonymity. However, if there are valid charges, he should present such under oath to competent authority.

Section 3. A teacher shall transact all official business through channels except when special conditions warrant a different procedure, such as when reforms are advocated but are opposed by the immediate superior, in which case the teachers shall appeal directly to the appropriate higher authority.

Section 4. A teacher, individually or as a part of a group, has a right to seek redress against injustice and discrimination and, to the extent possible, shall raise his

grievances within democratic processes. In doing so, he shall avoid jeopardizing the interest and welfare of learners whose right to learn must be respected.

Section 5. A teacher has a right to invoke the principle that appointments, promotions, and transfers of teachers are made only on the basis of merit and need in the interest of the service.

Section 6. A teacher who accepts a position assumes a contractual obligation to live up to his contract, assuming full knowledge of the employment terms and conditions.

ARTICLE VII SCHOOL OFFICIALS, TEACHERS AND OTHER PERSONNEL

Section 1. School officials shall at all times show professional courtesy, helpfulness and sympathy towards teachers and other personnel, such practices being standards of effective school supervision, dignified administration, responsible leadership and enlightened direction.

Section 2. School official, teachers, and other personnel shall consider it their cooperative responsibility to formulate policies or introduce important changes in the system at all levels.

Section 3. School official shall encourage and attend to the professional growth f all teachers under them such recommending them for promotion, giving them due recognition for meritorious performance, and allowing them to participate in conferences and training programs.

Section 4. No school official shall dismiss or recommend for dismissal a teacher or other subordinates except for cause.

Section 5. School authorities concerned shall ensure that public school teachers are employed in accordance with pertinent civil service rules, and private school teachers are issued contracts specifying the terms and conditions of their work, provided that they are given, if qualified, subsequent permanent tenure, in accordance with existing laws, and, provided further that they are duly registered and licensed professional teachers.

ARTICLE VIII THE TEACHER AND LEARNERS

Section 1. A teacher has the right and duly to determine the academic marks and the promotion of learners in the subjects they handle. Such determination shall be in accordance with generally accepted procedures of evaluation and measurement. In case

of any complaint, teachers concerned shall immediately take appropriate action, observing the process.

Section 2. A teacher shall recognize that the interest and welfare of learners are his first and foremost concern, and shall handle each learner justly and impartially.

Section 3. Under no circumstances shall a teacher be prejudiced nor discriminatory against any learner.

Section 4. A teacher shall not accept favors or gifts from learners, their parents or others in their behalf in exchange for requested concessions, especially if underserved.

Section 5. A teacher shall not accept, directly or indirectly, any remuneration from tutorials other than what is authorized for such service.

Section 6. A teacher shall base the evaluation of the learners work on merit and qualify of academic performance.

Section 7. In a situation where mutual attraction and subsequent love develop between teacher and learner, the teacher shall exercise utmost professional discretion to avoid scandal, gossip, and preferential treatment of the learner.

Section 8. A teacher shall not inflict corporal punishment on offending learners not make deductions from their scholastic ratings as a punishment for acts which are clearly not manifestations of poor scholarship.

Section 9. A teacher shall insure that conditions contribute to the maximum development of learners are adequate, and shall extend needed assistance in preventing or solving learners problems and difficulties.

ARTICLE IX THE TEACHER AND PARENTS

Section 1. A teacher shall establish and maintain cordial relations with parents, and shall conduct himself to merit their confidence and respect.

Section 2. A teacher shall inform parents, through proper authorities of the progress or deficiencies of learners under him, exercising utmost candor and tact in pointing out learners deficiencies and in seeking parents cooperation for the proper guidance and improvement of learners.

Section 3. A teacher shall hear parents complaints with sympathy and understanding, and shall discourage unfair criticism.

ARTICLE X THE TEACHER AND BUSINESS

Section 1. A teacher has a right to engage, directly or indirectly, in legitimate income generation, provided that it does not relate to or adversely affect his work.

Section 2. A teacher shall maintain a good reputation with respect to financial matters such as in the settlement of his just debts, loans and other financial affairs.

Section 3. No teachers shall act, directly or indirectly, as agent of, or be financially interested in, any commercial venture which furnish textbooks and other school commodities in the purchase and disposal of which he can exercise official influence, except only when his assignment is inherently related to such purchase and disposal, provided that such shall be in accordance with existing regulations.

ARTICLE XI THE TEACHER AS A PERSON

Section 1. A teacher shall live with dignity in all places at all times.

Section 2. A teacher shall place premium upon self-respect and self-discipline as the principle of personal behavior in all relationships with others and in all situations.

Section 3. A teacher shall maintain at all times a dignified personality which could serve as model worthy of emulation by learners, peers, and others.

Section 4. A teacher shall always recognize the Almighty God or Being as guide of his own destinies of men and nations.

ARTICLE XII DISCIPLINARY ACTION

Section 1. Any violation of any provision of his Code shall be sufficient ground for the imposition against the erring teacher of disciplinary action consisting of revocation of his Certificate of Registration and License as Professional Teacher, suspension from the practice of the teaching profession, reprimand, or cancellation of his temporary/special permit under causes specified in sec. 23, Article III or R.A. No. 7836, and under Rule 31, Article VIII, of the Rules and Regulations implementing R.A. No. 7836.

ARTICLE XIII EFFECTIVITY

Section 1. This Code shall be approved by the Professional Regulation Commission and shall take effect sixty (60) days following its publication in the official Gazette or any newspaper of general circulation, whichever is earlier.

THE MAGNA CARTA FOR PUBLIC SCHOOL TEACHERS REPUBLIC ACT No. 4670

Be it enacted by the Senate and House of Representatives of the Philippines in Congress Assembled:

I.

DECLARATION OF POLICY COVERAGE

Section 1. Declaration of Policy It is hereby declared to be the policy of this Act to promote and improve the social and economic status of public school teachers., their living and working conditions, their employment and career prospects in order that they may compare favorably with existing opportunities in other walks of life, attract and retain in the teaching profession more people with the proper qualification, it being recognized that advance in education depends on the qualification and the ability of the teaching staff and that education is an essential factor in the economic growth of the nation as a productive investment of vital importance.

Section 2. Title Definition This Act shall be known as the Magna Carta for Public School Teachers and shall apply to all public school teachers except those in the professorial staff of state colleges and universities.

As used in this Act, the term teacher shall mean all persons engaged in classroom teaching, in any level of instruction, on full-time basis, including guidance counselors, school librarians, industrial arts or vocational instructors, and all other persons performing supervisory and/or administrative functions in all schools, colleges and universities operated by the Government or its political subdivisions; but shall not include school nurses, school physicians, school dentists, and other school employees.

II.

RECRUITMENT AND CAREER

Section 3. Recruitment and Qualification Recruitment policy with respect to the selection and appointment of teachers shall be clearly defined by the Department of Education: Provided, however, That effective upon the approval of this Act, the following shall constitute the minimum educational qualifications for teacher-applicants: (a) For teachers in the kindergarten and elementary grades, Bachelors degree in the Elementary Education (B.S.E.ED.) (b) For teachers of the secondary schools, Bachelors degree in Education or its equivalent with a major and a minor; or a Bachelors degree in Arts or Science with at least eighteen professional units in Education. (c) For teachers of secondary vocational and two years technical courses, Bachelors degree in the field or specialization with at least eighteen professional units in education. (d) For teachers of courses on the collegiate level, other than vocational masters degree with a specific area of specialization:

Provided, further: That in the absence of applicants who possess the minimum educational qualifications as herein above provided, the school superintendent may appoint, under a temporary status, applicants who do not meet the minimum qualifications: Provided, further; That should teacher-applicants, whether they possess the minimum educational qualifications or not, be required to take competitive examinations: Ad provided, finally, That the results of the examination shall be made public and every applicant shall be furnished with his score and rank in said examinations.

Section 4. Probationary Period When recruitment takes place after adequate training and professional preparation in any school recognized by the Government, no probationary period preceding regular appointment shall be imposed if the teacher possesses the appropriate civil service eligibility. Provided, however, That where, due to the exigencies of the service, it is necessary to employ as teacher a person who possesses the minimum educational qualifications herein above set forth but lacks the appropriate civil service eligibility, such person shall be appointed on a provisional status and shall undergo a period of probation for not less than one year from and after the date of his provisional appointment.

Section 5. Tenure of Office Stability of employment and security of tenure shall be assured the teachers as provided under existing laws.

Subject to the provisions of Section three hereof, teachers appointed on a provisional status for lack of necessary civil service eligibility shall be extended permanent appointment for the position he is holding after having rendered at least ten years of continuous, efficient and faithful service in such position.

Section 6. Consent for Transfer Transportation Expenses Except for cause and as herein otherwise provided, no teacher shall be transferred without his consent from one station to another. Where the exigencies of the service require the transfer of a teacher from one station to another, such transfer may be affected by the school superintendent who shall previously notify the teacher concerned of the transfer and the reason or reasons thereof. If the teacher believes there is no justification or the transfer he may appeal his case to the Director of Public Schools or the Director of Vocational Education, as the case may be. Pending his appeal and decision thereon, his transfer shall be held in abeyance: Provided, however, That no transfer whatever shall be made three months before any local or national election. Necessary transfer expenses of the teacher and his family shall be paid for by the Government if his transfer is finally approved.

Section 7. Code of Professional Conduct for Teachers Within six months from the approval of this Act, the Secretary of Education shall formulate and provide a code of Professional Conduct for Public School Teachers. A copy of the code shall be furnished each teacher. Provided, however,That where this is not possible by reason of inadequate

fiscal resources of the Department of Education, at least three copies of the same code shall be deposited with the office of the school principal or head teacher where they may be accessible for use by the teachers.

Section 8. Safeguards in the Disciplinary Procedure Every teacher shall enjoy equitable safeguards at each stage of any disciplinary procedure and shall have: a) The right to be informed, in writing of the charges; b) The right to full access to the evidence in the case; c) The right to defend himself and to be defended by a representative of his choice and/or by his organization, adequate time being given to the teacher for the preparation of his defense; and d) The right to appeal to clearly designated office. No publicity shall be given to any disciplinary action being taken against a teacher during the pendency of his case.

Section 9. Administrative Charges Administrative charges against a teacher shall be heard initially by a committee composed of the corresponding School Superintendent of the division or a duly authorized representative who should at least have a rank of a division supervisor, where the teacher belongs, as chairman, a representative of the local or, in its absence, any existing provincial or national teachers organization and supervisor of the Division, the last two to be designated by the Director of Public Schools. The committee shall submit its findings and recommendations to the Director of Public Schools within thirty (30) days from the termination of the hearings:

Provided, however, that where the school superintendent is the complaint or interested party, all the members of the committee shall be appointed by the Secretary of Education.

Section 10. No Discrimination There shall be no discrimination whatsoever in entrance to the teaching profession, or during its exercise, or in the termination of services, based on any ground other than professional consideration.

Section 11. Married Teachers Whenever possible, the proper authorities shall take all steps to enable married couples, both of whom are public school teachers, to be employed in the same locality.

Section 12. Academic Freedom Teachers shall enjoy academic freedom in the discharge of their professional duties, particularly with regard to teaching and classroom methods.

III.

HOURS OF WORK AND REMUNERATION

Section 13.Teaching Hours Any teachers engaged in actual classroom instruction shall not be required to render more than six hours of actual classroom teaching a day, preparation and correction of exercises and other incidental to his normal teaching duties: Provided, however, That where the exigencies of the service so require, any teacher may be required to render more than six hours but not exceeding eight hours

of actual classroom teaching a day upon payment of additional compensation at the same rate as his regular remuneration plus at least twenty-five percent of his basic pay.

Section 14. Additional Compensation Notwithstanding any provision of existing law to the contrary, co-curricular and out of school activities outside of what is defined as normal duties of any teacher shall be paid an additional compensation of at least twenty-five per cent of his regular remuneration after a teacher has completed at least six hours of actual classroom teaching a day. In the case of other teachers or school officials not engaged in actual classroom instruction, any performed in excess of eight hours a day shall be paid an additional compensation of at least twenty-five per cent of his regular remuneration. The agencies utilizing the services of teachers shall pay the additional compensation required under this section. Education authorities shall refuse to allow the rendition of services of teachers for other government agencies without the assurance that the teachers shall be paid the remuneration provided for under this section.

Section 15. Criteria for Salaries Teachers shall correspond to the following criteria: (a) They shall compare favorably with those paid in other occupations requiring equivalent or similar qualifications, training and abilities; (b) They shall be such as to insure teachers a reasonable standard of life for themselves and their families; and

(c) They shall be properly graded so as to recognize the fact that certain positions require higher qualifications and greater responsibility than others. Provided, however, That the general salary scale shall be such that the relation between the lowest and highest salaries paid in the position will be of reasonable order. Narrowing of the salary scale shall be achieved by raising the lower end of the salary scales relative to the upper end.

Section 16. Salary Scale Salary scales of teachers shall provide for a gradual progression from minimum to a maximum salary by means of regular increments, granted automatically after three years: Provided, That the efficiency rating of the teacher concerned is at least satisfactory. The progression from the minimum to the maximum of the salary scale shall not extend over a period of ten years.

Section 17. Equality in Salary Scales The salary of teachers whose salaries are appropriated by a city, municipal, municipal district, or provincial government, shall not be less than those provided for teachers of the National Government.

Section 18. Cost of Living Allowance Teachers salaries shall, at the very least, keep pace with the rise in the cost of living by payment of a cost-of-living index. The Secretary of Education shall recommend to Congress, at least annually, the appropriation of necessary funds for the cost-of-living allowances of teachers employed by the National Government. The determination of the cost-of-living allowances by the Secretary of Education shall, upon approval of the President of the Philippines, be binding on the city,

municipal or provincial government, for the purposes of calculating the cost-of-living allowances of teachers under its employ.

Section 19. Special Hardship Allowances In areas in which teachers are exposed to hardship such as difficulty in commuting to the place of work or other hazards peculiar to the place of employment, as determined by the Secretary of Education, they shall be compensated by special hardship allowances equivalent to at least twenty-five per cent of their monthly salary.

Section 20. Salaries to be Paid in Legal Tender Salaries of teachers shall be paid in legal tender of the Philippines or its equivalent in checks or treasury warrants. Provided, however, That such checks or treasury warrants shall be cashable in any national, provincial, city or municipal treasurers office or any banking institutions operating under the laws of the Republic of the Philippines.

Section 21. Deductions Prohibited No person shall take any deduction whatsoever from the salaries of teachers except under specific authority of law authorizing such deductions: Provided, however, That upon written authority executed by the teacher concerned, (1) lawful dues and fees owing to the Philippine Public School Teachers Association, and (2) premiums properly due on insurance policies shall be considered deductible.

IV.

HEALTH MEASURES AND INJURY BENEFITS

Section 22. Medical Examination and Treatment Compulsory medical examination shall be provided free of charge for all teachers before they take up teaching, and shall repeated not less than once a year during the teachers professional life. Where medical examination shows that medical treatment and/or hospitalization is necessary, same shall be provided free by the government entity paying the salary of the teachers. In regions where there is scarcity of medical facilities, teachers may obtain elsewhere the necessary medical care with the right to be reimbursed for their traveling expenses by the government entity concerned in the first paragraph of this Section.

Section 23. Compensation For Injuries Teachers shall be protected against the consequences of employment injuries in accordance with existing laws. The effects of the physical and nervous strain on the teachers health shall be recognized as a compensable occupation disease in accordance with existing laws.

V.

HEALTH AND RETIREMENT BENEFITS

Section 24. Study leave In addition to the leave privileges now enjoyed by teachers in the public schools, they shall be entitled to study leave not exceeding one school year after seven years of service. Such leave shall be granted in accordance with a schedule set by the Department of Education. During the period of such leave the teachers shall be entitled to at least sixty percent of their monthly salary: Provided, however, That no teacher shall be allowed to accumulate more than one year study leave,

unless he need an additional semester to finish his thesis for a graduate study in education or allied courses: Provided, further, That no compensation shall be due the teacher after the first year of such leave. In all cases, the study leave period shall be counted for seniority and pension purposes. The compensation allowed for one year study leave as herein provided shall be subject to the condition that the teacher takes the regular study load and passes at least seventy-five percent of his courses. Study leave of more than one year may be permitted by the Secretary of education but without compensation.

Section 25. Indefinite Leave An indefinite sick leave of absence shall be granted to teachers when the nature of the illness demands a long treatment that will exceed one year at the least.

Section 26. Salary Increase Upon Retirement Public school teachers having fulfilled the age and service requirements of the applicable retirement laws shall be given one range salary raise upon retirement, which shall be the basis of the computation of the lump sum of the retirement pay and the monthly benefits thereafter.

VI.

TEACHERS ORGANIZATION

Section 27. Freedom to Organize Public School Teachers shall have the right to freely and without previous authorization both to establish and to join organizations of their choosing, whether local or national to further and defend their interests.

Section 28. Discrimination Against Teachers Prohibited The right established in the immediately preceding Section shall be exercised without any interference or coercion. It shall be unlawful for any person to commit any acts of discrimination against teachers which are calculated to (a) make the employment of the teacher subject to the condition that he shall not join an organization, or shall relinquish membership in an organization, (b) cause the dismissal of or otherwise prejudice a teacher by reason of his membership in an organization or because of participation in organization activities outside school hours or with the consent of the proper school authorities, within school hours, and (c) prevent him from carrying out the duties laid upon him by his position in the organization, or to penalize him for an action undertaken in that capacity.

Section 29. National Teachers Organization National teachers organizations shall be consulted in the formulation of national educational policies and professional standards, and in the formulation of national policies governing the social security of the teachers.

VII.

ADMINISTRATION AND ENFORCEMENT Section 30. Rules and Regulations The Secretary of Education shall formulate

and prepare the necessary rules and regulations to implement the provisions of this Act. Rules and regulations issued pursuant to this Section shall take effect thirty days after publication in the newspaper of general circulation and by such other means as the

Secretary of Education deems reasonably sufficient to give interested parties general notice of such issuance.

Section 31. Budgetary Estimates The Secretary of Education shall submit to Congress annually budgetary estimates to implement the provisions of the Act concerning the benefits herein granted to public school teachers under the employ of the National Government.

Section 32. Penal Provisions Any person who shall willfully interfere with, restrain or coerce any teacher in the exercise of his rights guaranteed by his Act or who shall in any manner commit any act to defeat any of the provisions of this Act, shall upon conviction, be punished by a fine of not less than one hundred pesos nor more than one thousand pesos, or by imprisonment, in the discretion of the court. If the offender is a public official, the court shall order his dismissal from the Government service.

Section 33. Repealing Clause All acts or parts of Acts, executive orders and their implementing rules inconsistent with the provisions of this Act are hereby repealed, amended or modified accordingly.

Section 34. Separability Clause If any provision of this Act is declared invalid, the remainder of this Act or any provisions not affected thereby shall remain in force and effect.

REPUBLIC ACT No. 7836 PHILIPPINE TEACHERS PROFESSIONALIZATION ACTS

AN ACT TO STRENGTHEN THE REGULATION AND SUPERVISION OF THE PRACTICE OF TEACHING IN THE PHILIPPINES AND

PRESCRIBING A LICENSURE EXAMINATION FOR TEACHERS AND FOR OTHER PURPOSES

Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembled.

Section 1. Short Title. This act shall be known as the Philippine Teachers Professionalization Act of 1994.

Section 2. Statement of Policy. The state recognizes the vital role of teachers in nation building and development through a responsible and literate citizen. Towards this end, that state shall ensure and promote quality education by proper supervision and regulation of the licensure examination and professionalization of the practice of the teaching profession.

Section 3. Objectives. This Act has the herein objectives: a. The promotion, development and professionalization of teachers and the teaching profession; and

b. The supervision and regulation of the licensure examination.

Section 4. Definition of Terms. For the purpose of this Act, the following terms shall mean: a. Teaching refers to the profession concerned primarily with classroom instruction at the elementary and secondary levels in accordance with the curriculum prescribed by the Department of Education, Culture and Sports, whether on part time or full time basis in the private or public schools. b. Teachers refers to all persons engaged in teaching at the elementary and secondary levels, whether on full-time or part-time basis, including industrial arts or vocational teachers and all other persons performing supervisory and/or administrative functions in all schools in the aforesaid levels and qualified to practice teaching under this Act. c. Board refers to the Board of Professional Teachers duty established and constituted under this Act. d. Commission refers to the Professional Regulation Commission.

ARTICLE II BOARD FOR PROFESSIONAL TEACHERS

Section 5. Creation and Composition of the Board. There is hereby created under this Act a Board for Professional Teachers, hereinafter called the Board, a collegial body under the general supervision and administrative control of the Professional Regulation Commission, hereinafter referred to as the Commission, compose of five (5) members who shall be appointed by the President of the Philippines from among the recommendees shall be from the list of nominees selected by the accredited association of teachers, who duly possess all the qualifications prescribed in Sec. 8 of this Act. The chairman and the vice chairman of the Board shall be appointed from these five (5) members by the President: Provided, That the members of the Board appointed under this Act shall be automatically registered as professional teachers and issued with the certificate of registration and professional license upon payment of the fees for examination, registration and other fees prescribed by the Commission.

Section 6. Duties and Functions of the Board The Board shall have the following duties and functions: a. Promulgate, administer and enforce rules and regulations necessary for carrying out the provisions of this Act in accordance with the charter of the Professional Regulation Commission. b. Determine and fix the frequency, dates and places of examination, appoint supervisors, proctors and other personnel as needed who shall be entitled to a

daily allowance to be fixed by the Board for every examination day actually attended, use buildings and facilities of public and private schools for examination purposes; c. Issue, suspend, or revoke the certificate of registration for the practice of the teaching profession; d. Prescribe and collect examination and other fees as it may deemed proper; e. Prescribe and/or adopt a code of ethical and professional standards for the practice of the teaching profession. Such ethical standards, rules and regulations to take effect sixty (60) days after its publication in the Official Gazette or in any newspaper of general circulation; f. Administer oaths in connection with the administration of this Act. g. Supervise and regulate the registration, licensure and practice of practice of professional teachers in the Philippines; h. Adopt an official seal of the Board; i. Look into the condition affecting the practice of teaching profession and whenever necessary, adopt such measure as may be deemed proper for the enhancement and maintenance of high professional and ethical standards of the profession; j. Ensure that all educational institutions offering elementary and secondary education comply with the essential requirements for curricula, faculty and facilities for the elementary and secondary levels; k. Investigate such violations of this Act, the rules and the code of ethics and professional standards for professional teachers as it may come to the

knowledge of the Board, and for this purpose, to issue subpoena and subpoena ducestecum to secure the appearance of witnesses and the production of the documents in connection therewith; and l. Discharge such other powers, duties and functions as the Board may deem necessary for the practice of the teaching profession and the upgrading, enhancement, development and growth education in the Philippines.

Section 7. Term of Office. The members of the Board shall hold office for a term of three (3) years from the date they assume office: Provided, That the first appointees to the Board under this Act shall hold office according to the following terms: One (1) member shall serve for one (1) year; One (1) member for two (2) years: the chairman, vice chairman and one (1) member for three (3) years. Vacancies shall be served for the unexpired term only. No person who has served for two (2) consecutive terms shall eligible for reappointment. Appointment to fill an unexpired term shall be considered an appointment to a complete term. The chairman or any member shall take his oath of office prior to the performance of his duties.

Section 8. Qualifications of Board Members. Each Board member must be at the time of his appointment: a. Be a citizen and resident of the Philippines;

b. Be at least thirty five (35) years of proven integrity, and possessed of high moral values in his personal as well as professional conduct and has not been convicted of any offence involving moral turpitude; c. Be a holder of a degree of Bachelor of Arts or Bachelor of Science in Education preferably a holder of a masters or a doctorate degree in education, or their equivalents, from a university, school, college, academy or institute duly constituted recognized and/or accredited by the Philippine government; d. Be a professional teacher with a valid certificate of registration and valid professional license, save those members who shall composed the first Boars for Professional Teachers; e. Has been a professional teacher in the active practice of the teaching profession at least ten (10) years in the elementary and secondary levels; and f. Not be an official or member of the faculty of, nor have pecuniary interest in any university, college, school, or institutions conferring a bachelors degree in education or its equivalents for at least three (3) years prior to his appointment, and neither connected with a review center or with any group or association where review classes or lectures in preparation for the licensure examination are offered or conducted. Provided, however, that, the membership to the Board shall be evenly distributed to cover all levels of education, including equitable representation of the different fields of specialization.

Section 9. Compensation of the Board. The chairman, vice chairman and members of the board shall receive compensation comparable to the compensation received by existing regulatory boards under the Professional Regulation Commission, computed on the basis of the number of examinees/candidates.

Section10. Supervision of the Board and Custodian of its records. The Board shall be under the supervision and control of the Commission. All records, including applications for examination papers and results, minutes of the deliberation, administrative cases and investigation involving professional teachers shall be kept by the commission.

Section 11. Secretariat and Support Services. The Professional Regulation Commission, through its chairman, shall provide the secretariat and other support services to implement effectively the provision of this Act.

Section 12. Removal of a Board Member. -The chairman or any member of the Board may be removed by the President of the Philippines upon recommendation of the Commission for the neglect of duty, incompetence, unprofessional, unethical, immoral or dishonorable conduct, commission or toleration of irregularities in the examination, after having been given the opportunity to defend himself in proper administrative investigation. In the course of investigation, the President may preventively suspend the respondent.

ARTICLE III EXAMINATION AND REGISTRATION

Section 13. Examination, Registration and License Required. Except as otherwise specially allowed under the provision of this Act all applicants for registration as professional teachers shall be required to undergo a written examination which shall be given at least once a year in such places and dates as the Board may determine upon approval by the Commission. A valid certificate or registration and a valid professional license from the Commission are required before any person is allowed to practice as a professional teacher in the Philippines, except as otherwise allowed under this Act.

Section 14. Scope of Examination. The examination for the elementary and secondary school teachers shall be separate. The examination for teachers in the elementary level shall consist of two (2) parts, namely: professional education and general education. The examination for teachers in the secondary level shall consist of three (3) parts namely: professional education, general education and field of specialization.

Section 15. Qualification Requirement of Applicants. No applicant shall be admitted to take the examination unless, on the date of filing of the application, he shall compiled with the following requirements a. A Citizen of the Philippines or an alien whose country has reciprocity with the Philippines in the practice of the teaching profession;

b. At least eighteen (18) years of age; c. In good health and of good reputation with high moral values; d. Has not been convicted by final judgment by a court for an offense involving moral turpitude; e. A graduate of a school, college or university recognized by the government and possesses the minimum educational qualifications, as follows: 1. For teachers in pre-school, a bachelors degree in early childhood education (BECED) or its equivalent; 2. For teachers in the elementary grades, a bachelors degree in elementary education (BSEED) or its equivalent; 3. For teachers in the secondary grades, a bachelors degree in education or its equivalent with a major or minor or a bachelors degree in arts and science with at least ten (10) units in professional education; and 4. For teachers of vocational and two-year technical courses, a bachelors degree in the field of specialization or its equivalent with at least (18) units in professional education.

Section 16. Report of the Results of the Examination. The Board shall, shall within one hundred twenty (120) days after the examination, report the ratings obtained by each candidate to the Professional Regulation Commission for approval and appropriate action.

Section 17. Issuance of Certificate and Professional License. The registration of a professional teacher commences from the date his name is enrolled in a roster of professional teachers. Every registrant who has satisfactorily met all the requirements specified on this Act shall, upon payment of the professional registration fee, be issued a certificate of registration as a professional teacher bearing the full name of the registrant with serial number and date of issuance signed by the chairman of the Commission and the Chairman, Vice Chairman, and a Member of the Board, stamped with the official seal, as evidence that the person named therein is entitled to practice the profession with all the rights and privileges appurtenant thereto. The certificate shall remain in full force and effect until withdrawn, suspended and/or revoked in accordance with law. A professional license signed by the chairman of the Commission and bearing the registration number and date of issuance thereof and the month of expiry or renewability shall likewise be issued to every registrant who has paid the annual registration fees for three (3) consecutive years. This license shall serve as evidence that the licensee can lawfully practice his profession until expiration of its validity.

Section 18. Oath Before Practice. Every registrant shall be required to take his professional oath before practicing as a professional teacher.

Section 19. Periodic Merit Examination of Teachers. To encourage continuing professional growth and development and to provide additional basis for merit promotion in addition to their performance rating, teachers may take an oral and written examination

at least once in five years as basis for merit promotion. In taking this examination, no fee shall be required.

Section 20. Failure to Pass the Merit Examination. If a teacher fails to pass the merit examination he or she shall be allowed take the examination for a second time. Should he or she fail to pass the merit examination for this second time, then he or she shall be required to take a DESC accredited refresher course or program before being allowed to retake the examination: Failure or any permanent teacher to pass the merit examination shall not, however, be used as a ground for his/her dismissal or demotion.

Section 21.Incentives. Teacher who pass the merit examination shall: a. Be awarded a diploma of merit by the Board; b. Earn merit points for purposes of promotion in salary or to a higher position of grade level; c. Be placed in the priority list for government scholarship; and d. Enjoy such other benefits as may be promulgated by the Board. Similar incentives shall be given to teachers who make inventions, develop new.

Methods of Teaching Write a Book or Books and Create Works Of Artistic Merit.

Section 22. Integration of the Teaching Profession. The teaching profession shall be integrated into one national organization which shall be recognized by the Board and the Commission as the one and only integrated and accredited association of professional teachers. Upon registration with the Board every professional teacher shall be encouraged to become a member of the integrated national organization. Those who have been registered with the Board but are not members of the said integrated organization shall be allowed to register as member of the said integrated within three (3) years after the effectivity of this Act. Membership in the integrated organization shall not be a bar to membership in other associations of the teaching profession. The professional teaches shall receive the benefits and privileges appurtenant to their membership in the said integrated and accredited organization of professional teachers only upon payment of the required membership fees and dues.

Section 23. Revocation of the Certificate of Registration, Suspension from the Practice of the Teaching Profession, and Cancellation of Temporary or Special Permit. The Board shall have the power, after due notice and hearing, to suspend or revoke the certificate of registration of any registrant to reprimand or to cancel the temporary special permit of the holder thereof who is exempt from registration, for any the following causes: a. Conviction for any criminal offense by a court of competent jurisdiction;

b. Immoral, unprofessional or dishonorable conduct; c. Declaration by a court of competent jurisdiction for being mentally unsound or insane; d. Malpractice, gross incompetence, gross negligence or serious ignorance of the practice of the teaching profession; e. The use of perpetration of any fraud or deceit in obtaining a certificate of registration, professional license or specially/temporary permit; f. Chronic inebriety or habitual use of drugs; g. Violation of any of the provisions of this Act, the rules and regulations and other policies of the Board and the Commission, and the code of ethical and professional standards for professional teachers; and h. Unjustified or willful failure to attend seminars, workshops, conferences and the like or the continuing education program prescribed by the Board and the Commission. The decision of the Board to revoke or suspend a certificate may be appealed to theregional trial court of the place where the Board holds office within 15 days from receipt of the said decision or the denial of the motion of reconsideration filed in due time.

Section 24. Registration by Reciprocity. No teacher of a foreign nationality shall be admitted to the examination, or be given a certificate of registration or be entitled to any of the rights and the privileges under this Act, unless the country or state of which he is subject permits Filipino professional teachers to practice within its territorial limits

on the same basis as subjects or citizens of said country or state. Provided, That the requirements of certification of teachers will said foreign state or country are substantially the same as those required and contemplated under this Act. Provided further, That the laws of such state or country grant the same privilege to Filipino professional teachers on the same basis as the subject or citizens of such foreign country or state.

Section 25. Roster of Professional Teachers. A roster of professional teachers containing the names and address of professional teachers, date of registration or issuance of certificate and other data which in the opinion of the Board may appear pertinent shall be maintained. Copies of the roster shall be provided by the Commission to the Board, the Department of Education, Culture and Sports, and the integrated and accredited organization of profession teachers.

Section 26. Registration and Exception. Two (2) years after the effectivity of this Act, no person shall engage in teaching and/or act as professional teachers as defined in this Act, whether in the preschool, elementary, secondary level, unless he is duly registered professional teacher and a holder of a valid certificate of registration and a valid, professional license or a holder of a valid certificate of registration and a valid professional license or a holder of a valid special/temporary permit. Upon approval of the application and payment of the prescribed fees, the certificate of registration and professional license as a professional teacher shall be issued

without examination as required in this Act to a qualified applicant, who at the time of the approval of this Act, is: a. A holder of a certificate of eligibility as a teacher issued by the Civil Service Commission and the Department of Education, Culture and Sports; b. A registered professional teacher with the National Board for Teachers under the Department of Education, Culture and Sports (DECS) pursuant to Presidential Decree No. 1006; or c. Not qualified under paragraphs one and two but with any of the following qualifications. To wit: 1) An elementary or secondary teacher for five (5) years in good standing

and a holder of Bachelor of Science in Education or its equivalent; or 2) An elementary or secondary teacher for three (3) years in good standing

and a holder of a master's degree in education or its equivalent.

Provided, That they shall be given two (2) years from the organization of the Board for professional teachers within which to register and be included in the roster of professional teachers: Provided, further, That those incumbent teachers who are not qualified to register without examination under this Act or who, albeit qualified, were unable to register within the two-year period shall be issued a five-year temporary or special permit from the time the Board is organized within which to register after passing the examination and complying with the requirements provided this Act and be included in the roster of professional teachers: Provided, furthermore, That those who have failed the licensure examination for professional teachers shall be eligible as para-teachers and

as such, shall be issued by the Board a special or temporary permit, and shall be assigned by the Department of Education, Culture and Sports (DECS) to schools as it may determine under the circumstances.

ARTICLE IV PROVISIONS RELATIVE TO THE PRACTICE OF THE TEACHING PROFESSION

Section 27. Inhibition Against the Practice of the Teaching Profession. - Except as otherwise allowed under this Act, no person shall practice or offer to practice the teaching profession in the Philippines or be appointed as teacher to any position calling for a teaching position without having previously obtained a valid certificate of registration and a valid professional license from the Commission.

Section 28. Penal Provisions. - The following shall be punishable by a fine of not less than Five thousand pesos (P5,000.00) nor more than Twenty thousand pesos (P20,000.00) or imprisonment of nor less than six (6) months nor more than five (5) years, or both, at the discretion of the court: a) Any person who practices the teaching profession in the Philippines without being certified in accordance with the provisions of this Act; b) Any person who represents or attempts to use as his own certificate of registration that of another;

c) Any person who gives any false or fraudulent evidence of any kind to the Board or any member thereof in obtaining a certificate of registration as teacher; d) Any person who impersonates any registrant of the same or different name; e) Any person who uses a revoked or suspended certificate of registration; f) Any person who, in connection with his name, otherwise assumes, uses or advertises any title or description tending to convey or conveys the impression that he is a teacher without holding a valid certificate; and g) Any person who violates or who abets the violation of any of the provisions of this Act. The penalty of fine or imprisonment or both, as provided in this section, shall also apply to any school official who shall cause or be responsible for the commission of any of the above-enumerated acts.

Section 29. Appropriations. - Such sums as may be necessary to carry out the provisions of this Act shall be included in the 1996 General Appropriations Act and thereafter.

Section 30. Implementing Guidelines. - The Board shall formulate and adopt the necessary guidelines for the effective implementation of the provisions of this Act within sixty (60) days of its approval. The Board shall submit to both Committees on Education, Arts, and Culture; and the Committees on Civil Service and Professional Regulation of the Senate and House of Representatives, copies of the implementing rules and guidelines within thirty (30) days after its promulgation. Any violation of this section shall render the official/s concerned liable under Republic Act No. 6713, otherwise known as the

"Code of Conduct and Ethical Standards for Public Officials and Employees" and other pertinent administrative and/or penal laws.

Section 31.Transitory Provision. - All incumbent teachers in both the public and private sector not otherwise certified as professional teachers by virtue of this Act, shall be given (5) years temporary certificates from the time the Board for Professional Teachers is organized within which to qualify as required by this Act and be included in the roster of professionals. Provided, however, That the Professional Board Examination for Teachers (PBET) shall still be administered by the Civil Service Commission and the Department of Education, Culture and Sports for the year 1995.

Section 32. Separability Clause. - If, for any reason, any section or provision of this Act or the application of such section or provision to any person or circumstance is declared unconstitutional or invalid, no other section or provision of this Act shall be affected thereby.

Section 33. Repealing Clause. - All laws, presidential decrees, executive orders, rules and regulations or parts thereof inconsistent with the provisions of this Act are hereby repealed or modified accordingly.

Section 34. Effectivity Clause. - This Act shall take effect after fifteen (15) days following its complete publication in the Official Gazette or in two (2) newspapers of general circulation.

Approved: (SGD) EDGARDO J. ANGARA President of the Senate