Chapter 1

You, the Teacher as a Person in Society

Lesson 1. You’re philosophical Heritage
Behind a successful teacher is his/her philosophy of education : a set of beliefs about
what and how education and teaching should be. It is important that teacher and the student
understand one another’s philosophy to better understand their behavior in class which is
crucial to a healthy learning environment.
Philosophy of Education is a set of related beliefs that influence what and how students
are taught. Teacher’s philosophy of education guides their behavior or performance in the
classroom.
Five Philosophies of education
1. Essentialism  Why to teach? To acquire basic knowledge, skills and values
Transmission of the traditional moral values, and intellectual knowledge that student need to
become model citizens.  What to teach? Fundamental R’s : reading, writing, arithmetic, and
right conduct How to teach? Subject centered Memorizations, rely to prescribed books.
2. Progressivism  Why to teach? To develop learners into becoming enlightened and
intelligent citizen of a democratic society. To live life fully.  What to teach? Respond to
student needs and that relates to student personal lives and experiences. How to teach?
Experiential method Problem-solving method Hands-on-minds-on
3. Perennialism  Why to teach? To develop student rational moral powers.  What
to teach? All human being possess the same essential nature. How to teach? Centered
around teacher Apply whatever creative techniques and methods which are believe the most
conducive to disciplining the student minds
4. Existentialism  Why to teach? Help student understand and appreciate themselves
as unique individual who accept complete responsibility for their thoughts, feelings and action.
 What to teach? Encourages individual creativity and imagination more than copying and
imitating established models. How to teach? Learning is self paced, self directed.
5. Behaviorism  Why to teach? Concern with shaping behavior by providing for a
favorable environment.  What to teach? Respond favorably to various stimuli in the
environment How to teach? Arrange environmental condition so that student can make the
responses to stimuli.

Lesson 2. Formulating Your Philosophy of Education

Formulating Your Philosophy of Education Philosophy is vital only when the questions are
mine and so is the struggle towards answers. -W. Luipen

You as a Teacher Your philosophy of education are your “window” to the world and
“compass” in life. Your philosophy of education is reflected in your dealings with students,
colleagues, parents and administrators. Your attitude towards problems and life as whole has an
underlying philosophy
What does a philosophy of education contain or include? It includes your concept about:

 The human person, the learner in particular and the educated person.
 What is true and good and therefore must be taught.
 How a learner must be taught in order to come close to the truth.
SUMMARY
It is important that you make explicit your philosophy of education. Your philosophy of
education is your “window” to the world and “compass” in life. Your philosophy is your own
thought and formulation, never formulated for you by another that is why you were advised to
begin stating it with phrase “I believe”. It is best to state it in the concrete not in the abstract like
a theory because this is your blue print to daily life.

Lesson 3. Society and You

Society and You what are we in this world for if not to make this world the more bearable for
each other? -Source unknown

Pre-service Elementary Teacher Training Conducted by Rosita L. Navarro, et al in

1994,1,460 respondents in 12 regions of the Philippines. Pre-service Elementary Teacher
Training Community respondents’ group consisted mostly of Parents (26%), Non-government
organizations (24%), Principals and Assistant Principals (23%), Business and Industry sectors
(21%), School Superintendents (6%)
Research Findings Community Perception on the Role of Teachers in the Community
Teachers are perceived to be:
1. Very important in a community
2. Respected in a community
3. Help in the community to some extent
Community Perception on Beliefs and Attitudes about Teachers and Teaching –The
community respondents strongly agreed that teachers:
1. Help develop the moral character of children
2. Are second parents
3. Are assets to the community?
The community respondents agreed with 12 beliefs and attitudes, as follows:
1. the most intelligent child should be encouraged to enter the teaching profession.
2. Teacher sets moral standard of the community.
3. Teachers make good parents.
Men should be encouraged to enter the teaching profession.
5. The teaching profession is one of the lowest paid.
6. Teachers should be paragons of virtue.
7. Children obey and respect their teachers.
8. Teachers play an active role in disciplining children.
Praising boosts a child’s self confidence.
10. A teacher is a child’s model.
11. Child’s interest in studies depends upon his/her teachers.
12. Parents entrust children’s welfare in teachers.
The community respondents were doubtful regarding this item: Female teachers
generally become old maids. • They disagreed with this item: o Teachers may inflict physical
punishment on children.
Questions… 1. Which research finding is most interesting to you? Why?
2. With which finding(s) do you agree? Disagree? Elaborate on your answer(s).
3. Based on the research findings given in the preceding slides, what roles are expected of you,
the teacher, in society?
 Article VI: The Teacher and Higher Authorities in the Profession Section 1. Every
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 personal feeling or private opinion
and shall faithfully carry them out.
Article VI: The Teacher and Higher Authorities in the Profession Section 2. A teacher
shall not make any false accusations 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 special conditions are advocated
but are opposed by immediate superiors, in which case, the teacher shall appeal directly to the
appropriate higher authority. Article VI: The Teacher and Higher Authorities in the Profession
Section 4. Every teacher, individually or as part of a group, has a right to seek redress
against injustice to the administration and to extent possible, shall raise grievances within
acceptable democratic possesses. In doing so, they shall avoid jeopardizing the interest and the
welfare of learners who’s right to learn must be respected. Article VI: The Teacher and Higher
Authorities in the Profession
Section 5. Every teacher has a right to invoke the principle that appointments,
promotions, and transfer of teachers are made only on the basis of merit and needed in the
interest of the service. Article VI: The Teacher and Higher Authorities in the Profession
Section 6. A teacher who accepts a position assumes a contractual obligation to live up
to his contract, assuming full knowledge of employment terms and conditions. Article VI: The
Teacher and Higher Authorities in the Profession

Lesson 4. The Foundational Principles of Morality and You

“When you carry out acts of kindness you get a wonderful feeling inside. It is as though
something inside your body responds and say, yes, this is how I ought to feel” - Harold
Kushner

Introduction….
“Even on your worst day on the job, you are still some children’s best hope.” Henry
Brooks Adams said it succinctly “A teacher affects eternity; he can never tell where his
influence stops”
For you to be able to cope with these expectations you should be able anchored on a
bedrock foundation of moral and ethical principles. Let us begin this lesson by defining what
morality is.

What is Morality?
Morality refers to “the quality of human acts by which we call them right or wrong,
good or evil” (Panizo, 1964) your human action is right when it conforms with the norm, rule,
or law of morality. Otherwise it is said to be wrong. For Instance, when Juan gets the pencil of
Pedro without latter’s permission, Juan’s Action is wrong because it is contrary to the norm,
“stealing is wrong”. A man’s action, habit or character is good when it is not lacking of what is
natural to man. (When it is in accordance with man’s nature) For instance, it is not natural for a
man to behave like a beast because he is not a beast. He is man and, unlike the beast, he has
intellect and free will. That intellect makes him capable of thinking, judging and reasoning. His
free will gives him the ability to choose. Unlike the beasts, he is not bound by instincts.
 Meaning of Foundational Moral Principle
What is meant by foundational moral principle? The word principles come from Latin
word “princeps” which means a beginning, a source. A foundational moral principle is the
universal norm upon which all other principles on the rightness or wrongness of an action are
based. It is the source of morality. Where is this foundational moral principle? It is contained in
the NATURAL LAW.
What is the natural Law? It Is the law “written in the hearts of men” (Roman 2;15) For
theists, it is “man’s share in the eternal Law of God…” (Panizo, 1964) St. Thomas defines it as
“the light of natural reason, whereby we discern what is good and what is evil… an imprint on
us of the divine light…” It is the law that says: “DO GOOD AND AVOID EVIL” THIS IS
THE FUNDAMENTAL OR FOUNDATIONAL MORAL PRINCIPLE.

Foundational Moral Principle All men and women, regardless of race and belief have a
sense of this FOUNDATIONAL MORAL PRINCIPLE. It is ingrained in man’s nature. “It is
built into the design of human nature and woven into fabric of the normal human mind” We are
inclined to do what we recognize as good and avoid that which we recognize as evil. Panizo
says: “ Writings and Customs and monuments of past and present generation point out too this
conclusion: that all peoples on earth, no matter how savage and illiterate, have recognizes a
supreme law of divine origin commanding good and forbidding evil” (Panizo 1964).
The same thing was said by Chinese philosophers, Mencius, long ago. All men have a
mind which cannot bear [to see the suffering of] others… If now men suddenly see a child
about to fall into a well, they will without exception experience a feeling of alarm and
distress… From this case we may perceive that he who lacks the feeling of commiseration is not
a man; that he who lacks feeling of shame and dislike is not a man; he who lacks a feeling of
modesty and yielding is not a man; and that he who lacks a sense of right and wrong is not a
man… Man has these four beginnings… (Fung Yulan, 1948, 69-70).
The natural law expressed in different ways.  Kung-fu-tsu said the same whe he taught
“Don not do to others what you do not like others to do to you”  Golden rule of Christianity in
positive form. “ Do to others what you like others do to you”  Immanuel Kant’s version is
“Act in such a way that your maxim can be the maxim for all”  For Christians, This golden
rule is made more explicit through the TEN COMMANDMENTS and 8 BEATITUDES. (Love
for God and Love for neighbor).
The natural law expressed in different ways.  The Buddhists state this through the
eightfold path. For Buddhist they do good when they;
1. Strive to know the truth.
2. Resolve to resist evil.
3. Say nothing hurt to others.
4. Respect life, property and morality.
5. Engaged in a job that does not injure others.
6. Strive to free their mind of evil.
7. Control their feelings and thoughts.
8. Practice proper form of concentration.
The natural law expressed in different ways.  Buddha taught that “hatred does not
ceased by hatred; hatred cease only by love”  The Islamic Koran “forbids lying, stealing,
adultery, and murder.
1. It also teaches “honor parents, kindness to slaves, protection for orphaned and
widowed, and charity to the poor.
2. It teaches the virtues of faith in God, patience, kindness, honesty, industry, honor,
courage and generosity.
3. It condemns mistrust, impatience and cruelty.
 The natural law expressed in different ways.  Furthermore the Muslims abide by the 5
Pillars of Islam
1. Prayer
2. Self-purification by fasting
3. Fasting
4. Almsgiving
5. Pilgrimage to mecca for those who can afford.

Teacher as a person of good moral character

As laid down in the preamble of our Code of Ethics of Professional Teachers, “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 profession, they strictly
adhere to, observe and practice this set of ethical and moral principles, standard and values”
When are you of Good Moral Character?  One Christian author described four (4)
ways of describing good moral character. 1. being fully HUMAN – you have realized
substantially your potential as a human person. 2. Being a LOVING person – you are caring in
a n unselfish and mature manner with yourself; other people and God. 3. Being a VIRTUOUS
person – you have acquired good habits and attitudes and you practice them consistently in your
daily life. 4. Being morally MATURE person – you have reached a level of development
emotionally, socially, mentally, spiritually appropriate to your developmental stage.
In short, you are on the road to moral development when you strive to develop your
potential , you love and care for yourself and make this love flow to others, you lead a virtuous
life, and as you advance in age you also advance in your emotional, social , intellectual , and
spiritual life.

Lesson 5. Values Formation and You

“Education in values means the cultivation of effectivity, leading the educand through exposure
to an experience of value and of the valuable.”— R. Aquino

“ Is there such thing as RIGHT, UNCHANGING and UNIVERSAL values? ”

Idealist Point of View

There are unchanging and universal values. The values of love, care, and concern for
our fellowmen are values for all people regardless of time and space. These are called
transcendent values.

Relativist Point of View

Claim that there are no universal and unchanging values. They assert that values are
dependent on time and place.

Are values TAUGHT or CAUGHT?

Values are TAUGHT! Values are CAUGHT
 Cognitive Affective Behavioral DIMENSIONS
3 Dimensions of Values
 Cognitive Dimension - Mental understanding and readiness
 Affective Dimension - Experience toward something
 Behavioral dimension - Living by the value

Value formation is a training of the Intellect and will your intellect discerns a value and
presents it to the will as a right or wrong value. Your will wills to act on the right value and
wills to avoid the wrong value presented by your intellect. As described by St. Thomas
Aquinas, “The intellect proposes and the will disposes”. It is clear that “nothing is willed unless
it first known”. Thought must precede the deliberation of the will. An object is willed as it is
known by the intellect and proposed to the will as desirable and good. Hence the “formal and
adequate object of the will is good as apprehended by the intellect”, (William Kelly, 1965).
It is, therefore, necessary that you develop your intellect in its 3 functions namely:
 Formation of ideas
 Judgment
 Reasoning
Virtuous versus vicious life and their effect on the will
Max Scheler’s Hierarchy of Values
 Values of the Holy
 Spiritual Values
 Vital Values
 Pleasure Values
Pleasure Values - the pleasant against the unpleasant
- The agreeable against the disagreeable
* sensual feelings
* experience of pleasure or pain
Vital Values - values pertaining to the well-being either of the individual or of the community
* health
* vitality - values of vital feeling
* capability * excellence
Spiritual Values - Values independent of the whole sphere of the body and of the environment;
- grasped in spiritual acts of preferring loving and hating
* Aesthetic values: beauty against ugliness
* Values of right and wrong
* Values of pure knowledge
Values of the Holy - Appear only in regard to objects intentionally given as “absolute objects”
* Belief
* Adoration
* Bliss
Values Clarification
1. Did you choose it freely?
2. Did you choose it from among alternatives?
3. Did you choose it after thoughtful consideration of the consequences of your choice?
4. Do you cherish it?
5. Do you affirm it publicly?
6. Do you act on it?
 7. Do you act on it repeatedly/habitually?

Lesson 6. Teaching as Your Vocation, Mission and Profession

“Keep interested in your own career, however humble; it is real possession in the changing
fortunes of time”-Desidarata

ETYMOLOGY OF THE WORD “VOCATION”

Vocation comes from the Latin word “vocare” which means to call. If there is a call, there
must be a caller and someone who is called. There must also be a response. For Christians, the
Caller is God Himself. For our brother and sister Muslims, Allah.

TEACHING AS YOUR VOCATION

Perhaps you never dreamt to become a teacher! But here you are now preparing to
become one! How did it happen? From the eyes of those who believe, it was God who called
you here for you to teach, just as God called Abraham ,Moses, andMary, of theBible.

ETYMOLOGY OF THE WORD “MISSION”

Teaching is also a mission. The word mission comes from the Latin word “misio” which
means “to send”. You are called to be a teacher and you are sent into world to accomplish a
mission, to teach.
The Webster’s New Collegiate Dictionary defines mission as “task assigned”. You are
sent to accomplish an assigned task.

TEACHING AS YOUR MISSION

Teaching is your mission means it is the task entrusted to you in this world. If it is your
assigned task then naturally you’ve got to prepare yourself forit. Some teachers regard teaching
as just a job. Others see it as their mission. What’s the difference?

TEACHING AS YOUR PROFESSION

Why does a profession require “long and arduous years of preparation” and “a striving for
excellence?” because the end goal of a profession is service and as we have heard many times
“we cannot give what we donothave.”

THE “PWEDE NA” MENTALITY VS. EXCELLENCE

The “striving for excellence” as another element of a profession brings us to our “pwede
na” mentality, which is inimical to excellence. This mentality is expressed in other ways like
“talagang ganyan ‘yan”, “wala na tayong magawa”, - all indicators of defeatism and resignation
to mediocrity.

SUMMARY
Teaching is a vocation. For theist, it is a calling from God worthy of our response. For
atheists, it is a calling without a vertical dimension. Teaching is also a mission, an assigned
task. We are expected to write our “accomplishment report” at the end of our mission.
1.Vocationcomes from the Latin word _____ which meansto call.
2.Enumeratethe Six Subtopic of Teachingas Your Vocation,Mission and Profession.
3.Teachingis also a ______.
4.What isthe differencebetween:Mission and Job?
 CHAPTER 2
The Teacher in the classroom and Community

“The teacher is a diplomat and ambassador of tact and sensitivity, as he/she

facilitates productive, positive interactions among the multiplicity of personalities, cultures,
beliefs and ideals”. -Unknown- 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. -Code of Ethics for Professional Teachers, Article III-

INTRODUCTION
The teacher has two communities.
 Teaching community-consists of his/her fellow teachers, colleagues and superiors
 Community outside the school
o - Includes the parents of his/her learners, local officials, alumni/alumnae and other members of
the society in which the school is located
 To function well in the classroom and in the community, he/she must be equipped with
competencies.
  knowledge
  skills
  attitudes
Along with the:
• Commission on Higher education (CHED),
• Teacher Education Institutes (TEIs),
• Philippine Regulatory Commission (PRC),
• Department of Education (DepEd) and the
• Civil Service Commission (CSC) in partnership with the
• Different academic institution, National Competency-Based Teacher Standards (NCBTS) was
born.

Lesson 1. Classroom Management

Classroom management is an integral part of the teaching process. This lesson is

intended to guide you as you undertake the tasks needed for a satisfactory classroom
management.

A. ORGANIZATIONAL PLAN

1. STRUCTURED CLASSROOM
-the learning activities are well-planned ahead of time and the procedures follow accepted rules
and regulation.
2. Flexible classroom
a. individual approach
b. group set-up

`B. SCHEDULING
Good time management is the key to a smooth flow of planned activities.
Teachers must be able to plan thoroughly for their daily lessons and for additional activities
such as:
 Parent-teacher conference after classes
 Working with other teachers during occasional school events
 Preparing new teaching devices
 Advanced request for supplies and materials for the lessons and learning centers.
 Supervising students along the corridors and school ground or while eating in the canteen
Filler or Emergency Activities
Following are some easy and relevant activities
 Ask for a brief story that is about or an extension of the lesson
 An anecdote that happened recently will surely be interesting
 Have a question box and let a student pick one and answer
 Role play about the lesson conclusion
 Let them compose a short poem
 TIPS FOR MAINTAINING GOOD TIME MANAGEMENT
Following are reminders for effective use of time
 Scheduled all activities with time allotment way ahead of time
 Provide time
 Avoid rushing
 Anticipate difficulties
 Be flexible
 Use fillers in case you finish the lesson ahead of time
 Set the example that you are time conscious
C. RECORD KEEPING
1. Daily attendance
2. Students’ progress
D. PHYSICAL ENVIRONMENT
1. Maintaining cleanliness
2. Look after proper ventilation and lighting for their comfort and ease
3. Avoid noise of the doors and windows
4. Bulletin boards and displays
5. Seating arrangement
E. Discipline
Discipline is controlled behavior.
Herewith are some cause and preventive measures that could help in ensuring good discipline.
1. Causes of disciplining problems
 Overcrowded
 Poor lighting
 Disorderly position of furniture
 Inappropriate seating arrangement
 Near sources of noise
2. Prevention
“You must know how to anticipate trouble so that minor skirmishes may not erupt to full-
fledged battles.”
The following are some effective measures practiced in some schools:
a. Depending on the students’ abilities and interests, teachers can implement group-oriented
methodologies such as:
1. Cooperative learning
2. Team learning
3. Peer tutoring
4. Group projects and collections
b. Teachers who are sensitive to possible misdirection of efforts and interactions are fast to switch
for one technique to another as the need arises.
c. Of prime importance are the teachers’ personal attributes such as:
1. Patience
2. Compassion
3. Concern
4. Respect and trust for others
d. The teachers’ personalities are their surest ‘’arms” that can either win or fail amidst s
controllable learning situation.
e. The teachers teaching style will determine how the students will respond, at timkes receptive,
sometimes withdrawn.
3. Common ways of establishing/classroom control
 Common practices
 Discipline is the students’ responsibility
 Discipline is the teachers’ way of establishing desirable student-oriented environment learning.
 Discipline is coupled with effective teaching strategies and techniques
 Discipline is believed to be the exclusive responsibility of the teachers
4. Some tips to make you a good disciplinarian
 Be prepared to face a class with multi-behavior tendencies.
 Know your students well-
 Show your sincere concern for the welfare
 Commendable behavior is reciprocal
 Be calm, poised and tactful, in solving discipline problems.
 Be enthusiastic
 Let our good sense of humor
 Speak with a good voice
 Be humble in words and actions
5. Common ways of dealing with discipline problems
Acceptable and effective
 Use verbal reinforcements
 Use nonverbal gestures
 Dialogues could help in discovering problems
 Award merits
 A private, one on one brief conference
 Allow students to express freedom
Unacceptable and ineffective
 Scolding and harsh
 Nagging and faultfinding
 Keeping a student in a detention area
 Denying students some privileges due to unnecessary hyperactive
 Use ridicule or sarcasm
 Should not affect the grades due to misdeamor
F. Establishing routine
1. Advantages
a. helps accomplishing everything is planned
b. serves as guide in controlling behavior
c. students feel secure since they know every step in the procedure
d. builds teacher’s confidence in following a well-planned procedure
2. Ways of establishing routines
 Routine could be scheduled on a weekly or monthly
 Plan a routine for an entire class
 You might find the class in the situation when the interest and concentration is at its peak.
 Give clear and direct instruction
 Practice some signals
 Model consciousness
 Lesson 2. School and Community relations

A. THE TEACHERS, PARENTS AND THE COMMUNITY

Parents
• The first teachers in the home.
• Responsible for the development of values, attitudes and habits that will be needed as their
children associate with their classmates in school.
Teachers
• continue to enrich the students’ experiences at home, thus strengthening the valuable, personal
traits and characteristics initially developed.

The members of the community

• include the local government units (LGU), the non-government agencies, civic organizations
and all the residents.
• Highly motivated to participate in the school activities and projects that will likewise redound
to the uplifting of the moral and quality of life in their own locality.

1. DIFFICULTIES
• ability to accomplish assignments,
• irregular attendance,
• study habits in school,
• negative attitudes, and
• problem with self-discipline.
2. Solutions
A calm and friendly face-to-face exchange of observations could straighten some disturbing
interactions ending with a promise of undertaking remediation in both quarters.
• Positive attitudes of kindheartedness and patience are developed through modeling.
• Regularity in attendance and doing daily assignments need strong motivation and
encouragement from both sides.
• Letters and praises to parents for outstanding performances build confidence and strengthen
determination to continue the good work.
• Interesting lessons never fail to motivate students to be present every day for an enjoyable
participation in them.
• Extremes of behavior need detailed consideration of past experiences in school and at home.
3. Values Developed
• respect for elders and for the rights of others,
• cooperation,
• willingness to share,
• deep sense of responsibility, and
• persistence.
4. Interests
B. SCHOOL AND COMMUNITY
1. Collaborative Relationships
 a) The school officials actively participate in community projects such as literacy
assistance project for out-of-school children and house campaign for healthful practice.
b) The municipal/city officials are likewise ready to provide help not only in improving
the physical facilities of the school but also in paying the salaries of teachers who, for the
moment, do not have teacher items. There are a number of School Board-paid teachers in the
country.
. c) During historic celebrations in both places, participation by each is easily elicited with
such positive and civic- consciousness activities enjoyed by the school and the community, a
strong feeling of togetherness become evident.
2. Organized Associations
 Parent-Teacher Association (PTA)
• formerly known as Parents Teachers and Community Associations (PTCA)
• undertake projects and activities aimed at promoting a harmonious and enjoyable relationship
among themselves.
3. Public Safety, Beautification and Cleanliness
4. Values Exhibited
5. Instructional Centers and Materials

Lesson 3. Linkages and Networking with Organizations

“We cannot live for ourselves alone. Our lives are connected by a thousand invisible
threads, and along these sympathetic fibers, our actions run as causes to us as results.”

The school can enjoy linkages and networking activities with international, national and
local organizations in the community for mutual benefits and assistance needed.
Linkage and networking are different in the degree of commitment by the partners. In
linkage, the relationship between partner organizations is quite loose, while in networking, it is
much stronger, usually because the groups and agencies have common objectives and
beneficiaries. Networking is basically extending the outreach of the resources in different ways
so as to increase the effectiveness of the program.
Intends to serve members of both sides according to their respective needs, interest, and
objectives Create bonds together to solicit support and assistance for purposeful activities.

LINKAGES
1. International linkages
An international honor society and professional association of women educators.
Established in the country more than 3 decades ago, its main project is ETP (Excellence in
Teaching Project) started in 1997 in coordination with metro bank foundation.  It supports 15
third year BSE/ BEE students until they graduate. It also honors outstanding student teachers
from Colleges of Education
Innotech
Is the center for training educational leaders from southeast region under the
SEAMEO organization. It conducts training to upgrade the competencies of teacher from the
region in all disciplines.
World Council for Curriculum and Instruction (WCCI)
• It holds conferences in different member countries annually  which is participated in
by members of the local chapter
 • It promotes that educators have a responsibility to  ensure that education contributes
to the promotion of equity,  peace, and the universal realization of human rights.
2. National and Local Linkages
 Established between universities and colleges offering identical degrees. Cross-enrollment for
subjects needed for graduation is allowed.
 Joint researches could be conducted by two or three universities depending on their respective
expertise.

NETWORKING

Networking with Professional Organizations

A network is a grid/ web whose members actively demonstrate how they can work together
to attain common objectives. Such network composed of several institutions is also termed as
consortium wherein several colleges of different universities bind themselves for a common
goal.
a. Consortium among Universities and Colleges  Taft Consortium  St. Paul Universities
(Manila), St. Scholasticas College, Philippine Normal University, Philippine Christian
Universities and De La Salle university makes up this consortium.  The Mendiola Consortium
 San Beda College, Centro Escolar University, San Sebastian College and Holy Spirit
College.
b. With Subject Specialist 
1. BIOTA 
2. MATHED 
The Physics Teachers Association
The Chemistry Teachers Association
c. Teacher Education Institutions 
 Philippine Association for Teacher Education (PAFTE) 
 Sate Universities and Colleges Teacher Educators’ Association
d. National Organization 
 Federation of Accrediting Association of the Philippines (FAAP)  Philippine Association of
Colleges and Universities Commission on Accreditation (PACUCOA) 
 Philippine Accrediting Agency for Schools, Colleges and Universities (PAASCU)
  Association for Accrediting Colleges and Universities of the Philippines (AACUP)
Networking with Foundations
  SM Foundation 
 Foundation for Upgrading Standards in Education (FUSE) 
 Philippine Fondation for Science and Technology (PFST) 
 Books for the Barrio and Asia Foundation 
 Bato Balani Foundation
  Philippine Business Education (PBEd)
Networking with Government Offices 
 Literacy Coordinating Council (LCC) 
 Department of Science and Technology (DOST) 
 Commission on Higher Education (CHED) 
 Teacher Education Council (TEC)
Networking with Media 
 Broadcasts ABS- CBN and GMA Foundations 
 Government and Private Channels 
 Historic and Cultural Events and Celebration 
 Publication and Prints 
 Projected Materials

CHAPTER 3
ON BECOMING A GLOBAL TEACHER

Being world class does not mean going internationally and showing our best out there. Being
world-class is passion and commitment to our profession; being world- class is giving our best
teaching. Being world-class starts right inside the classroom
Conrado de Quiros
 Objectives of the Chapter
In order to accomplish the intentions of this chapter, students should be able to:
Compare the educational system of selected countries of the world.Describe multicultural
education and the role of the teacher in addressing diversity among learners. Identify
opportunities provided by exchange programs in the development of the world-class teacher.
Describe various educational technologies utilized in innovative teaching strategies for global
teaching.
Reflect on the qualities and responsibilities of a global teacher.

A Closer Look at the Educational Systems of Selected Countries of the World

To become a global teacher you should be equipped with a wider range of knowledge
of the various educational systems outside the country.

Educational Systems: Australia, China, Japan, South Africa, United Kingdom, United States of
America.

1. Educational System of Australia

 The entry age of compulsory education is 6 years old and exit age of 15 years old. But in most
states, children start primary education at the age of 5 when they enroll in preparatory or
kindergarten year.
 Academic year in Australia begins in March and ends in November.
 The long vacation starts from December 1 to February 28 of every year.
 The language of instruction is English.
 Most of the students are enrolled in government schools under the State or Territory Education
Minister.
 The federal government provides supplementary financial support.
 Basic education
 Higher Education
Basic Education
1. Primary school- Length of the program: 6 years For 6-11 years old children. It is provided by
the government and non- government primary schools
Basic Education a. Junior High School (year 7- year 10)
2. High school- Length of the program: 6 years

a. Junior High School (year 7- year 10)

For students who are 12 to 16 years old
Junior Secondary Certificate of Education at the end year 10.
It is provided by the government and the non-government Co-Educational
Comprehensive/Multipurpose High School.
Students may continue their studies or get a job; OR
For Technical and further Education (TAFE) College to learn technical skills
Basic Education With variations depending on the state

b. Senior High School (Year 11- year 12)

With variations depending on the state
Students are from 16 to 18 years old
 Not compulsory education
The government and non-government providers offer it.
Senior Secondary Certificate of Education will be awarded at the end (Year 12 certificate) to be
admitted for college.
Higher Education
Main purposes of Australian Higher Education
 To enable individuals to develop their capabilities for effective participation in the workforce,
for constructive contribution to society and for personal growth and fulfillment.
 To advance knowledge and understanding.
 To aid the application of knowledge and understanding for the benefit of the economy and the
society.
University level
Bachelor’s degree, Master’s degree, Doctoral degree
It begins with the undergraduate level.
The main stage of university education leads to a bachelor’s dig
Higher Education
Bachelor’s Degree
Pass=Bachelor’s degree obtained in 3 years. The student cannot proceed to Master’s
Degree.
Honours= a Bachelor’s degree obtained in 4 years. The student can proceed to a Master’s
degree and Doctoral degree.
Master’s Degree
This degree may be obtained after one year (pass) or two years (honours) of full time study.
Doctoral Degree
A student who has qualified for a bachelor’s degree (honours) may proceed to study for a
doctorate usually Ph.D, higher Doctorate in Science and Humanities.
The degree is awarded upon submission of published work.

2. Educational System of China

 China is the most populous country in the world.
 Students from public schools accounts for over 200 million.
 With 9 million public teachers under elementary, junior and senior high school.
 he National Educational Commission of China hires scientists and professors to write the course
syllabi.
 Class size ranges from 40 to 60 students
 All topics must be covered in order to pass national examinations- National University Entrance
examination
 The quality and reputation of the school depends on the number of students passing the
examination.
 Education was used as a vital tool for centralization and unification of the country.
 Compulsory education covers elementary school and junior high school
Educational System Primary education-
6 years High school- 6 years
Junior Middle High School- 3 years
Senior Middle High School- 3 years
University- 6 years
Or colleges- 2-3 year
 Post junior school parents must pay for tuition
 Post junior school parents must pay for tuition. Some limited help is offered to the poorer
students, but this seldom covers all costs.
 As a result, particularly in the countryside, some children still do not attend school.
 Also, 'illegal' children under the one-child policy and children of rural parents who have
travelled without permission to the larger cities in search of work are often unable to attend
school.
3. Educational System of Japan\
 It is centralized and is administered by the Ministry of Education or the Mombusho.
 From kindergarten to university serves about 24 million students.
 About 10% going to the university
 Most of the students are enrolled in public schools.
 It is seemed as a model on how to operate schools.
 A school year has three terms: summer, winter and spring, which are each followed by a
vacation period.
 The school year begins in April and ends in March of the following year and students spend 243
days a year.
 Its origin to the American model plus 4 years of university.
 Compulsory education covers elementary school and junior high school.
 There are also preschools (yochien) with mainly female teachers. This is not an official part of
the educational system.
 The government appoints teachers to public elementary and lower secondary schools, and also
license preschools in the area.
 Education is free and compulsory for children from 6 to 15 years.
 Lecture is the method of teaching.
 Classes are large in number.
 The standard curriculum includes Japanese language, social studies, math, and science, art,
music, home economics, physical education, and the most emphasis being given in learning the
Japanese language.
Basic Education Kindergarten Elementary (grade 1- grade 6)- 6 years
Lower secondary school (grade 7- grade 9)- 3 years
2/3 of the teachers are male
Class size averages 38 students, 50 minutes is allotted for each period.
Basic Education Upper secondary school- 3 years
It offers academic, technical, and vocational programs.
The first year courses include Japanese language, English, science and Math.
Vocational- information processing, navigation, fishing, farming, ceramics and Business
English.
The upper secondary schools are ranked based on their success in placing graduating students
into prestigious Universities.
Higher Education University- 4 years
National Achievement Test and the test given by the university.
Students failing the exam must study and prepare for one year to take the test again. These
students are “ronin,” meaning a samurai with no lord or master during the feudal period.
Master’s degree- 60% of the universities have graduate schools but only 7% of university
graduates acquire it.
Doctoral degree- medical programs and humanities

4. Education of south africa

A. A structure and organization in basic education
Formal education categorize into sectors or levels
Sectors:
a. Public ordinary schools education
b. Independent school education
c. Special school education
d. Technical college education
e. Teacher training
f. Technikon
g. University training.
Levels:
a. Pre-primary
b. Primary
c. Secondary
d. Higher education
General Education and Training (GET) covers the reception year (Grade R to IX);
corresponds to level I of the National Qualifications Framework (NQF) and divided into 3
phases. • As a rule, children start primary education at the age of 7
Phases: a. Foundation (Grade R to III)
b. Intermediate (Grade IV to VI)
c. Senior Grades (Grade VII to IX) •
Primary Education:
a. Junior Primary (Grades I to III)
b. Senior Primary (Grades IV to VI)
c. Grades VII to IX is the last stage of compulsory education and will lead to General Education
and Training Certificate
Technical Secondary Education (lasts for 3 years) offered technical centers, HS &
vocational schools. •
Further Education Training (FET) or Senior Secondary Education (Grades X to XII) is
not compulsory •
At the end of Grade VII, students sit a public examination leading to senior certificate.
B. HIGHER EDUCATION SYSTEM
 Tertiary and Higher Education correspond to Level V to VIII of NQF which is more advanced
than the Senior certificate.
Institutions:
a. Colleges
b. Technikons
c. Universities
 Most colleges of education offer a 3-year programme leading to the Diploma in Education (4-
year for higher diplomas)
 • Nursing Colleges and Hospital Schools of Nursing offer 4- year course leading to a diploma.
 • Agricultural Colleges offer 1-year certificate, 2-year higher certificate and 3-year diploma
courses.
 • Honor degree require one additional year of study
 • Technikons also offer bachelor’s, master’s (4-year course) and doctoral degree programmes in
technology.
 • Master’s degrees (Magister Technologiae) require a minimum of 1-year of study.
 • Doctorates (Laureatus in Technology/Doctor of Technology) require 2-year of study.
 School year consists of 196 school days (41 weeks) which is divided into 4 terms.
 • Other relevant sectors:
o a. Special education
o b. Private education or independent schools
o c. Adult and non-formal education
o d. HIV/AIDS education
6.Education of United kingdom
 Education is compulsory for children ages 5 to 16.
 In the primary school, the subjects are taught by the same teacher for a year before moving to a
nest grade level on the next year.
 • All schools whether private or states choose to follow the national curriculum.
 • It is mandatory for all state schools to provide a balanced, broadly based curriculum which
promotes spiritual, moral, cultural, mental and physical development which prepares them for
opportunities, responsibilities and experiences of adult life. • It includes religious education
 • It also includes sex and career education for secondary students.
BASIC EDUCATION
The National Curriculum core subjects include English, Mathematics, and Science • *
other statutory areas are religious education (format decided by Local Education Authorities or
by the faith in which the school was founded) •
Stages:
a. Foundational Stage—this is included in the National Curriculum which covers
children aged 3 – 5 years but does not have a strong mandate as to what needs to happen during
these years of schooling as it is not yet mandatory.
b. Key Stage One*—it includes children aged 5 – 7 years and year groups grades 1 – 2.
It mandates core subjects including English, Mathematics and Science, and non-core foundation
subjects as design/technology, history, art/design, music and physical education.
c. Key Stage Two—it includes children aged 7 to 11 and year groups 3 - 6. It mandates
the same core and non-core foundational subjects, with more emphasis on more difficult topics
and the addition of sex education. d. Key Stage Three—it includes children aged 11– 14 years
and year groups grades 7– 9 It mandates the same basics in Key Stages One and Two but adds
foreign language, and information/Communication Technology to the mix while adding
appropriate difficulty to the core subjects.
e. Key Stage Four—it includes those aged 14 to 16 and year groups 10 – 11. It covers
the statutory program of study that must be taught to all students. Most schools include in their
core curriculum courses that lead to qualifications in each of the five subject areas which are
English, Math, Science, Information and Communication Technology (ICT), and Physical
Education.
f. Post 16 Education—it is not mandatory. Students can either continue education or
enter the working world. Some secondary schools go beyond the 11 – 18 mandates to 11 – 18
and the student may stay there.
• If the HS does not offer these Sixth Form extra years, the students may go to a Further
Education College (FEC)
The following certificates or diploma can be awarded in the post 16 education: a.
General Certificate of Education (GCE),
a level comprising Advanced Subsidiary (AS) and A2, each of these usually containing
three assessed units.
b. Vocational Certificate of Education (VCE)- a level , dealing with the more applied
aspects of the subject; they are available in three, six , and twelve units sizes ; they replaced the
advanced General National Vocational Qualifications (GNVQs).
 c. Foundation and Intermediate GNVQ are widely used 16-19 d. Key skills
qualifications at levels 1-4 of the National Qualifications framework.

1. Pre-primary Education
—type of school that provides kindergarten, nursery schools, pre-school programmes,
child/day care centers.
-- age level is 4 – 6 years old and the duration is 2 years.
2. Primary Education (Elementary School) –
a) Grades 1 to 4 --> children are from ages 6 to 10; transition to Middle School.
b) Grades 1 to 5 --> children are from ages 6 to 11; transition to Middle School.
c) Grades 1 to 6 --> children are from ages 6 to 12; transition to Junior High School
d) Grades 1 to 7 --> children are from ages 6 to 14; transition to Junior High School.
3. Middle School Education
—Grades 4 to 6, 5 to 7, or 6 to 8 -- age level is from 10 to 14.
-- length of the program is 3 years 4. Secondary Education (High School)
—Grades 7 to 12 or 8 to 12 -- ages 12 to 18 years old.
-- HS Diploma is awarded.
-- two levels: Junior HS and Grades 7 to 8, 7 to 9, or 8 to 9
-- ages 12 to 14 years old: Senior HS Grades 9 to 12, or 10 to 12 ages 14 to 18 years
old.
 Duration of compulsory education is from entry of 6 years old to exit of 18 years old.
 Begins at the post-secondary education. O It is a diverse and autonomous community of
publicly and privately supported institutions.  Classification according to the following
categories:
 Data states that there are some 2, 819 institutions offering Bachelor’s or higher degrees and 4,
927 institutions offering shorter non-degrees of 2 years duration.
o  Research Universities (I and II) 
o Doctorate-granting universities (I and II)
o  Master’s (Comprehensive) Universities and Colleges (I and II)
o  Baccalaureate (Liberal Arts) Colleges (I and II)
o  Associate of Arts Colleges
o  Professional Schools & Other Specialized Institutions
o  Postsecondary Vocational and Technical Schools
Classification according to the following categories:
  Research Universities (I and II)—Comprehensive doctorate granting institutions that have
extensive theoretical and applied research in a wide variety of programs.
  Doctorate-granting universities (I and II)—universities offering comprehensive studies but
awards Doctorate in limited field of areas.
  Master’s (Comprehensive) Universities and Colleges (I and II)—institutions offering
academic and professional programmes at the Bachelor’s and Master’s level but do not award
research doctorate
Classification according to the following categories:
 Baccalaureate (Liberal Arts) Colleges (I and II)—institutions offering Bachelor’s
degrees but not higher.
 Associate of Arts Colleges (I and II)—they offer academic and professional or
occupational studies at the Associate Degree level including Public Community Colleges and
Public and Private Junior Colleges.  Professional School and Other Specialized Institutions—
 institutions that offer only one or few related courses in the professional or academic wit degree
levels from associate to research doctorates.  Postsecondary Vocational and Technical
Schools—Institutions offering short non-degree training programs of less than 2 years duration,
leading to certificates or diplomas in occupational specialties. Classification according to the
following categories:  Baccalaureate (Liberal Arts) Colleges (I and II)—institutions offering
Bachelor’s degrees but not higher.  Associate of Arts Colleges (I and II)—they offer academic
and professional or occupational studies at the Associate Degree level including Public
Community Colleges and Public and Private Junior Colleges.  Professional School and Other
Specialized Institutions— institutions that offer only one or few related courses in the
professional or academic wit degree levels from associate to research doctorates. 
Postsecondary Vocational and Technical Schools—Institutions offering short non-degree
training programs of less than 2 years duration, leading to certificates or diplomas in
occupational specialties.
Post-Secondary Education—there is no real age categories for post-secondary education.
Generally, American students start college right after completing high school. • Vocational and
Technical schools operate at either in the HS or Junior College Levels. 6. College and
University Education—a college usually has a Bachelor’s program. -- a university may be
composed of several colleges. -- university often have graduate programs as well -- the value of
a degree is a reflection of how society views the particular college or university. o Classes begin
in September and end in June of every year. o Language of instruction is English.

LESSON 2. Multicultural Education: a challenge to global Techers

Confucius “All men are pretty much alike. It is only by culture that they’re set apart.”

what is “the values, traditions, social and worldview shared by a group of people bound
together by a combination of factors.” (Derman and Sparks) Culture?
Diversity of Learners and “the major goal of multicultural education is to transform the
school so that the male and female students, exceptional learners, as well as students coming
from diverse cultural, social- class, racial and ethnic groups will receive an equal opportunity to
learn in school.” -James Banks Multic Students may differ in:
  Race  Ethnic or religious groups
  Economic status
  Languages spoken
  Family background
  Some could be stricken by poverty, unemployment, relocations, etc.ultural Education

In order to do this, we need:

• Curricular and instructional modifications
• (Different) Teaching styles
• Re-examination of teachers’ attitudes, beliefs and perception In the midst of this diversity,
students are supposed to receive equal opportunities to education.
This movement called MULTICULTURAL EDUCATION enables teachers and
educators to give value to the differences in prior knowledge, experiences of learners from
diverse background and familiarity with students’ histories of diverse cultures. (Haertel, 1998)
Goals of Multicultural Education: Develop and foster a democratic and just society
where all groups experience cultural democracy and empowerment Improve academic
achievement of all students Help the students to develop the knowledge, attitudes and skills
needed to function within their own and other micro cultures, and within global community
Provide opportunities to gain cultural competency
How do we achieve these GOALS?
To achieve these goals, it is very important for teachers to be knowledgeable about
differences in cultures, religion, ethnicity, and even the language spoken by the students.
Suggestions to understand multi-cultural learners: (Fraser-Abner, 2001)
• Learn as much about and become as sensitive to and aware of racial, ethnic, cultural
and gender groups other than your own
• Never make assumptions about an individual based on their perception of that
individual’s race, ethnicity, culture or gender
Other suggestions include:
• Look into your own conscious and subconscious biases about the people who are
different from yourselves • Plan your activities within a multicultural framework while making
your classroom a safe and secure place for all the students
• Infuse multicultural instructional materials and strategies in your teaching
• Foster collaboration and cooperation among your learners, parents and teachers
“a caring environment will always enhance academic achievement.”

Lesson 3. Broadening Teaching Perspective: Teacher Exchange Programs

“ We cannot hold a torch to light another’s path without brightening our own” -Ben
Sweetland

Introduction
To become a global teacher, you need to broaden your teaching perspective. Expanding
your experiences beyond the confines of your classroom to the wider learning environment of
the world is one of the many avenues in order to achieve a level of global competitiveness.
Let us take a closer look the to program to increase the perspective of teachers
1. Visiting International Faculty Program (VIF) The Visiting International Faculty
Program is the United States’ largest program for teachers and schools. It is dedicated to
transforming lives through international exchange of teachers.
A. VIF Purposes and Beliefs It is the intention of the VIF to ensure that students,
educators and communities worldwide reap the benefits of international education.
The Program believes in the following principles:
a. all schools should have at least one international exchange teacher.
b. all students should be exposed to variety of exchange teachers during their academic careers.
c. all communities should have an equal opportunity to develop globally literate citizens to help
build a foundation for success in the global market place.
B. History of Visiting International Faculty Program The program started 19 years ago.
It was founded in 1987 and began accepting teachers from other countries of the world to teach
Kindergarten up to grade 12 in 1989. this project is in cooperation with the North Carolina
Department of Public Instruction.
2. Fulbright Teacher Exchange Program Since 1946, the Fulbright Teacher Exchange
Program has helped nearly 23,000 teachers and school administrators to promote mutual
understanding between the United States and countries around the world.
3. Inter-African Teacher Exchange The objectives of this program are to provide
opportunity for African teachers to learn from teaching environment in other African countries
and also aimed to extend experiences and widen the horizon of African teachers by encouraging
exchange visits to countries outside the Africa as well.
 4. Canadian Educators Exchange The Canadian Education Exchange Foundation is a
non-profit foundation which handles both student and educator exchanges. International
educational exchanges offer educators and their students an opportunity to broaden their
understanding of one another’s cultures, customs and languages.
5. Global Teachers Millennium Awards Although this program is limited only to
participating countries, it is important to learn that the Global Teacher Exchange program
contributes to the quality of teachers worldwide.
The Global Teacher Exchange Program commits to improving the quality of Education
in South Africa, Ghana, Uganda, and the UK and to promote partnership between the North and
South African countries. The program aims to:
a. change the lives of UK educators, personally, and professionally by encouraging them
to fulfill their aspiration and use their talents in innovative ways;
b. ensure benefits for staff and pupils of UK schools and their local communities
through the dissemination of innovative development education.
c. support the aims and activities of Link’s educational programs in South Africa,
Ghana, and Uganda.
d. set a standard and develop a model for other similar scheme.
It is the intent of the program to achieve learning outcomes among the target partners of
the UK in terms of:
a. increased knowledge of people and life in developing countries.
b. better understanding of how UK is linked with other countries.
c. more positive attitudes towards people and life in developing countries-challenging
stereotypes and beliefs in shared humanity.
d. more positive towards multicellular nature of UK society-challenging of stereotypes
and embracing of diversity.
A Global Teacher in this program is described as someone who:
a. thinks and act both locally and globally;
b. embraces the world’s rich variety of ways of life’
c. understand how world is interconnected.
d. is committed to making the world a more equitable place;
e. believes in education for sustainable development
f. has professional and personal skills to share and to learn;
g. brings the world into their classroom, school and community;
h. encourages dialogue and partnership between the North and the South
i. can inspire others to act as Global teachers.
The various activities of the Global Teacher Exchange Program have provided learning
experiences to the participating teachers in the development of their personal and professional
lives. The main changes which resulted from the program are summarized by the following
statements of the teacher participants: “ As a result of the participating in the scheme, I have
developed my ability to mentor students and staff and have developed a more consultative
leadership style in my school” “ the best thing I have ever done. I have come back a different
person-more understanding, more sensitive to the needs of the others. The impact of this Award
will stay with me forever.”

Lesson 4. Educational Technology and Innovative Teaching

“technology does not replace people-it enables people; it only replaces people when they
do not know to weild it.” –T. Richardson
 Technologies as link to new high knowledge, resources and high order thinking skills
have entered classrooms and school worldwide. Personal computers, CD-ROMS, on line
services, the World Wide Web and other innovative technologies have enriched curricula and
altered the types of teaching available in the classroom. Schools access to technology is
increasing steadily every day and most of these newer technologies are now even used un
traditional classrooms.

Technology for Teaching

Let us lookat the roles of technology in achieving the goal of learning for understanding.
(Goldma, S, William,R. et al, 1999).
1. Technology provides support to the solution of meaningful problems.
2. Technology acts as cognitive support
3. Technology promotes collaboration as well as independent learning.
Technology Programs for Teaching
Technology programs:
Stand-alone programs.
-some programs are available as “stand-alone” software, videodisc or CD-ROM media.
Programs Available on the Internet
-knowledge Integration Environment(KIE) teaches students to think of web information
as evidence and evaluate it critically with regard to authorship, credibility, and relevance.
Information database.
Grollier
Encarta
Hypermedia
In creating and producing multimedia by the students, great opportunities are given to the
in the following aspects:
1. Selection of their own topics to provide a sense of ownership.
2. Conduct research; plan the development and presentation of products.
3. Selection of simple multimedia presentation that gives only limited number of option
4. Opportunities for teaching grammar, writing, spelling with the context which is meaningful to
the students.

CHAPTER 4
THE PROFESSIONLIZATION of TEACHING

The Policy goals should be to ensure that all children have access to skillful teachers to
make the teaching profession more attractive to talented young adults, and to produce humane
intellectually lively learning communities for both students and teachers- Linda Darling-
Hammond

PRESIDENTIAL DECREE No. 1006 January 1, 1977

PROVIDING FOR THE PROFESSIONALIZATION OF TEACHERS, REGULATING
THEIR PRACTICE IN THE PHILIPPINES AND FOR OTHER PURPOSES
The Congressional Commission to Review and Assess Philippine Education (EDCOM)
came out with finding that "the quality of Philippine Education is declining" and that teachers
are "at the heart of the problem". EDCOM discussed further that:
 • teachers are poorly trained.
• there is low quality of students enrolled in teacher training.

Lesson 1. Historical Perspective of the Philippine Educational System

Education in the Revolutionary Government

Education during the American Regime
Education during the Japanese Era
• Taught Tagalog, Philippine History and Character Education.
• Love for work and dignity of labour was emphasized.
• 1994, Commission oh Higher Education (CHED) and the Technical Education and
skills Development Authority(TESDA) were established to supervise tertiary degrees, programs
and non-degree technical-vocational programs.
• CHED is responsible for Higher Education In 2001 Republic Act 9155 or Government
of Basic Education Act was passed transforming DECS to DepEd.
• The main goal is to provide the school age population and young adults with skills,
knowledge, and values to become caring, self-reliant, productive and patriotic citizens.

Lesson 2. THE 1987 CONSTITUTION -EDUCATION-

Section 2. The State shall:
(1) Establish, maintain, and support a complete, adequate, and integrated system of
education relevant to the needs of the people and society;
(2) Establish and maintain a system of free public education in the elementary and high
school levels. Without limiting the natural right of parents to rear their children, elementary
education is compulsory for all children of school age;
(3) Establish and maintain a system of scholarship grants, student loan programs,
subsidies, and other incentives which shall be available to deserving students in both public and
private schools, especially to the underprivileged;
(4) Encourage non-formal, informal, and indigenous learning systems, as well as self-
learning, independent, and out-of-school study programs particularly those that respond to
community needs; and
(5) Provide adult citizens, the disabled and out-of-school youth with training in civics,
vocational efficiency, and other skills.

Section 5.
(1) The State shall take into account regional and sectoral needs and conditions and shall
encourage local planning in the development of educational policies and programs.
(2) Academic freedom shall be enjoyed in all institutions of higher learning.
(3) Every citizen has a right to select a profession or course of study, subject to fair,
reasonable, and equitable admission and academic requirements.
(4) The State shall enhance the right of teachers to professional advancement. Non-
teaching academic and non-academic personnel shall enjoy the protection of the State.
(5) The State shall assign the highest budgetary priority to education and ensure that
teaching will attract and retain its rightful share of the best available talents through adequate
remuneration and other means of job satisfaction and fulfillment.
 -LANGUAGE-
Section 6. The national language of the Philippines is Filipino. As it evolves, it shall be
further developed and enriched on the basis of existing Philippine and other languages. Subject
to provisions of law and as the Congress may deem appropriate, the Government shall take
steps to initiate and sustain the use of Filipino as a medium of official communication and as
language of instruction in the educational system.
Section 7. For purposes of communication and instruction, the official languages of the
Philippines are Filipino and, until otherwise provided by law, English. The regional languages
are the auxiliary official languages in the regions and shall serve as auxiliary media of
instruction therein. Spanish and Arabic shall be promoted on a voluntary and optional basis.
SCIENCE AND TECHNOLOGY-
Section 10. Science and technology are essential for national development and progress.
The State shall give priority to research and development, invention, innovation, and their
utilization; and to science and technology education, training, and services. It shall support
indigenous, appropriate, and self-reliant scientific and technological capabilities, and their
application to the country’s productive systems and national life.
Section 12. The State shall regulate the transfer and promote the adaptation of
technology from all sources for the national benefit. It shall encourage the widest participation
of private groups, local governments, and community-based organizations in the generation and
utilization of science and technology.
SPORTS
Section 19. the shall promote physical education and encourage sports programs, league
competitions, and amateur sports, including training for international competitions, to foster
self-discipline, teamwork, and excellence for the development of a healthy and alert citizenry.
(2) all educational institutions shall undertake regular sports activities throughout the
country
In cooperation with athletic clubs and other sectors.
ARTS AND CULTURE
Section 14. the state shall foster the preservation, enrichment, and dynamic evolution of
a Filipino national culture based on the principle of unity in diversity in a climate of free artistic
and intellectual expression
Section 15. arts and letters shall enjoy the patronage of the state. The state shall
converse, promote, and popularize the nation’s historical and cultural heritage and resource, as
well as artistic creations
Section 17. the state shall recognize, respect, and protect the rights of indigenous
cultural communities to preserve and develop their cultures, traditions, and institutions. It shall
consider these rights in the formulation of national plans and policies.
Section 18. (1) the state shall ensure equal access to cultural opportunities through the
education system, public or private cultural centers, and other public venues.

Lesson 3. Republic Act No. 7722

AN ACT CREATING THE COMMISSION ON HIGHER EDUCATION, APPROPRIATING
FUNDS THEREFOR AND FOR OTHER PURPOSES

Section 1. Title • This act shall be known as the “Higher Education Act of 1994.”
Section 2. Declaration of Policy
 • The State shall protect, foster and promote the right of all citizens to affordable
quality of education at all levels and shall take appropriate steps to ensure that education is
accessible to all.
• The state shall likewise ensure and protect academic freedom and shall promote its
exercise and the observance for continuing intellectual growth, the advancement of learning and
research, the development of responsible and effective leadership, the education of high-level
and middle-level professionals and the enrichment of our historical and cultural heritage
Section 3. Creation of Commission on Higher Education
• In pursuance of the above mentioned policies, the Commission on Higher Education
is hereby created, hereinafter referred to as Commission.
Section 4. Composition of the Commission
• The Commission shall be composed of 5 full-time members.
• During the transition period which begins upon approval of this Act, The President
may appoint secretary of DECS as ex-officio chairman of the Commission for a maximum
period of one year. Thereafter, the President shall appoint a Chairman and 4 commissioners,
who shall be holders of earned doctorate(s), who have been actively engaged in higher
education for at least 10 years, must not have been a candidate for elective positions in the
election preceding their appointment.
Section 5. Term of Office
• The President shall appoint the full- time chairman and the commissioners for a term
of 4 years, without prejudice to one reappointment. The terms of the initial appointees shall be
on staggered basis; the full- time chairman shall hold office for a term of 4 years. The next 2
commissioners for 3 years and the last 2 commissioners for 2 years.
Section 6. Rank and Emoluments
• The chairman and the commissioners shall have the rank of Department Secretary
and Undersecretaries, respectively.
Section 7. Board of Advisers
• There shall be a constituted board of advisers which shall meet with the Commission
at least once a year to assist in aligning its policies and plans with the cultural, political and
socio-economic development needs of the nation and with the demands of world-class
scholarship.
• The Board of Advisers shall be composed of the following
• - Secretary of Education, Culture and Sports as Chairman
• - Director=General of NEDA
• - Secretary of DOST
• - Secretary of DOLE
• - President of FAAP
• - President of FAPE
• - 2 additional members may be appointed by the President upon recommendation of
the Commission.
Section 8. Powers and Functions of the Commission
• A. Formulate and recommend development plans, policies, priorities and programs
on higher education and research
• B. Formulate and recommend the development plans, policies, priorities and
programs on research
• C. recommend to the executive and the legislative branches, priorities and grants on
higher education and research.
 • D. set minimum standards for programs and institutions of higher learning
recommended by panels of experts in the field and subject to public hearing and enforce the
same
E. monitor and evaluate the performance of programs and institutions of higher
learning for appropriate incentives as well as the imposition of sanctions such as but not limited
to, diminution or withdrawal of subsidy, recommendation on the downgrading or withdrawal of
accreditation, program termination or school closure.
• F. identify, support and develop potential centers of excellence in program areas
needed for development of world-class scholarship, nation building and national development.
• G. recommends to the DBM the budgets of public institutions of higher learning as
well as general guidelines for the use of their income.
H. nationalizes programs and institutions of higher learning and set standards, policies
and guidelines for the creation of new ones as well as the conversion or elevation of schools to
institutions of higher learning
• I. Develop Criteria for allocating additional resources such as research and program
development grats
• J. direct or indirect purposive research on institutions of higher learning to meet to
meet the needs of agro-industrialization and development
• K. Devise and implement resource development schemes
• L. Administer the Higher Educational Development Fund
• M. Review the charters of institutions of higher learning
• N. promulgate such rules and regulations and exercise such other powers and
functions •
O. perform other functions if necessary for its effective operations and continued
enhancement
Section 9: THE SECRETARIAT 
Headed by an executive officer, subject to National compensation and position
classification plan. Prepares and approve the budget.  Determine the duties, responsibilities
and functions of the Commission.
Section 10: THE HIGHER EDUCATION DEPARTMENT FUND
Established to strengthen the higher education Government’s contribution to the fund:
- seed capital= 500 million php - initial operation= 50 million php - 40% annual share on total
gross collections of the travel tax - 30% share from Professional Gross Fee - 1% of gross sales
of PCSO 3-5% CONTRIBUTION FROM FINANCING INSTITUTIONS Private portion for
donates, gifts conveyances
Section 11: MANAGEMENT AND ADMINISTRATION OF THE HIGHER EDUCATION
DEVELOPMENT FUND 
Must be administered by the Commission  shall appoint a reputable government
financial institution to administer funds  Guidelines:
1. no part of capital shall be used for overhead expenses for administrative use
2. earnings for private contributions shall be used for administrative expenses
3. commission shall appoint and organize separate staff 4. shall be utilize equitably to
regions and programs
Section 12: THE TECHNICAL PANELS
 Assist the commission in setting standards and program monitoring and evaluation
 Composed of senior specialists or academicians to be approved by the Commission
Section 13: GUARANTEE OF ACADEMIC FREEDOM  Exemptions for the abridgement of
the curricular freedom of educational institutions:
1. minimum unit requirements for that program
 2. general education distribution requirements
3. specific professional subjects are not qualified
Section 14: ACCREDITATION
• Commission shall provide incentives to institutions of higher learning, public and
private whose needs are for accreditation purposes
Section 15: TAX EXEMPTIONS
• Any donation, contribution, bequest, and grant maybe made shall constitute as
allowable deduction from the income of the donor for income tax purposes and shall be exempt
from donor’s tax.
Section 16: AUTHORITY
• exercise authority necessary with its areas of operation to attain its objectives
provided that the commission may seek the assistance of other government agencies for the
proper implementation of this act.

Section 17: APPROPRIATIONS  500 million php is authorized to be appropriated for the
seed capital of the fund.  additional 50 million php shall be put to National Treasury or initial
operation of PAGCOR Included in General Appropriations Act

Section 18: TRANSITORY PROVISIONS  all government entities having functions to those
of the commission are transferred to the commission  the commission shall have the authority
to appoint its own personnel All regular and permanent employees shall not suffer any loss of
rank or emoluments

Section 19: REPEALING CLAUSE  all laws, executive orders, rules and regulations that are
inconsistent must be cancelled.

Section 20: SEPARABILITY CLAUSE • any provision that are held unconstitutional or valid,
other provisions are not affected and shall continue to enact.

Section 21: EFFECTIVITY • THIS ACT SHALL TAKE EFFECT UPON ITS APPROVAL.

Lesson 4. Republic Act No. 7796

AN ACT CREATING THE TECHNICAL EDUCATION AND SKILLS DEVELOPMENT

AUTHORITY, PROVIDING FOR ITS POWERS, STRUCTURE AND FOR OTHER
PURPOSES
SECTION 1. Title. — This Act shall be known as the “Technical Educational and
Skills Development Act of 1994” or the“TESDA Act of 1994.” Chanrobles publishing company
SECTION 2. Declaration of Policy. — It is hereby declared the policy of the State to
provide relevant, accessible, high quality and efficient technical education and skills
development in support of the development of high quality Filipino middle-level manpower
responsive to and in accordance with Philippine development goals and priorities. Chanrobles
publishing company The State shall encourage active participation of various concerned sectors,
particularly private enterprises, being direct participants in and immediate beneficiaries of a
trained and skilled work force, in providing technical education and skills development
opportunities.
SECTION 3. Statement of Goals and Objectives. — It is the goaland objective of this Act to:
chan robles publishing company
 a) Promote and strengthen the quality of technical education and skills development
programs to attain international competitiveness.
b) Focus technical education and skills development on meeting the changing
demands for quality middle-level manpower;
c) Encourage critical and creative thinking by disseminating the scientific and
technical knowledge base of middle-level manpower development programs;
d) Recognize and encourage the complementary roles of public and private institutions
in technical education and skills development and training systems; and
e) Inculcate desirable values through the development of moral character with
emphasis on work ethic, self-discipline, self- reliance and nationalism. Chan robles publishing
company
SECTION 4. Definition of Terms. — As used in this Act:
a) “Skill” shall mean the acquired and practiced ability to carry out a task or job
b) “Skills Development” shall mean the process through which learners and workers
are systematically provided with learning opportunities to acquire or upgrade, or both, their
ability, knowledge and behavior pattern required as qualifications for a job or range of jobs in a
given occupational area;
c) “Technical Education” shall refer to the education process designed at post-
secondary and lower tertiary levels, officially recognized as non-degree programs aimed at
preparing technicians, Para-professionals and other categories of middle-level workers by
providing them with a broad range of general education, theoretical, scientific and technological
studies, and related job skills training;
d) “Trade” shall mean any group of interrelated jobs or any occupation which is
traditionally or officially recognized as craft or artisan in nature requiring specific qualifications
that can be acquired through work experience and/or training;
e) “Middle-Level Manpower” refers to those
:1) who have acquired practical skills and knowledge through formal or non-formal
education and training equivalent to at least a secondary education but preferably a post-
secondary education with a corresponding degree or diploma; or skilled workers who have
become highly competent in their trade or craft as attested by industry.
f) “Private Enterprises” refers to an economic system under which property of all kinds
can be privately owned and in which individuals, alone or in association with another, can
embark on a business activity. This includes industrial, agricultural, or agro-industrial
establishments engaged in the production, manufacturing, processing, repacking or assembly of
goods including service-oriented enterprises;
g) “Trainers” shall mean persons who direct the practice of skills towards immediate
improvement in some task;
h) “Trainor’s/trainers” shall mean persons who provide training to trainers aimed at
developing the latter’s capacities for imparting attitudes, knowledge, skills and behavior
patterns required for specific jobs, tasks, occupations or group of related occupations;
i) “Trainees” shall mean persons who are participants in avocational, administrative or
technical training program for the purpose of acquiring and developing job-related skills;
j) “Apprenticeship” training within employment with compulsory related theoretical
instructions involving a contract between an apprentice and an employer on an approved
apprentice able occupation;
k) “Apprentice” is a person undergoing training for an approved apprentice able
occupation during an established period assured by an apprenticeship agreement;
l) “Apprenticeship Agreement” is a contract wherein a prospective employer binds
himself to train the apprentice who in turn accepts the terms of training for a recognized
apprentice able occupation emphasizing the rights, duties and responsibilities of each party;
 m) “Apprentice able Occupation” is an occupation officially endorsed by a tripartite
body and approved for apprenticeship by the Authority;
n) “Learners” refer to persons hired as trainees in semi-skilled and other industrial
occupations which are non-apprentice able. Learner ship programs must be approved by the
Authority.
o) “User-Led” or “Market-Driven Strategy” refers to a strategy which promotes
strengthened linkages between educational/training institutions and industry to ensure that
appropriate skills and knowledge is provided by the educational system;
p) “Dual System/Training” refers to a delivery of quality technical and vocational
education which requires training to be carried out alternatively in two venues: In school and in
the production plant. In-school training provides the trainee the theoretical foundation, basic
training, guidance and human formation, while in-plant training develops his skills and
proficiency in actual work conditions as it continues to inculcate personal discipline and work
values;
q) “Levy Grant System” refers to a legal contribution from participating employers
who would be beneficiaries of the program(often as a percentage of the payroll) which is
subsequently turnedover or rebated to enterprises offering employee training programs.
SECTION 5. Technical Education and Skills Development Authority; Creation.
— To implement the policy declared in this Act, there is hereby created a Technical
Education and Skills Development Authority (TESDA), hereinafter referred to as the Authority,
which shall replace and absorb the National Manpower and Youth Council (NMYC), the
Bureau of Technical and Vocational Education (BTVE)and the personnel and functions
pertaining to technical-vocational education in the regional offices of the Department of
Education, Culture and Sports (DECS) and the apprenticeship program of the Bureau of Local
Employment of the Department of Labor andEmployment.
SECTION 6. Composition of the Authority. — The Authority shall be composed of the TESDA
Board and TESDA Secretariat.
SECTION 7. Composition of the TESDA Board. — The TESDA Board shall be composed of
the following:
The Secretary of Labor and Employment Chairperson Secretary of Education, Culture
and Sports - Co-Chairperson Secretary of Trade and Industry - Co-Chairperson Secretary of
Agriculture - Member Secretary of Interior and Local Government - Member Director-General
of the TESDA Secretariat - Member In addition, the President of the Philippines shall appoint
the following members from the private sector: two (2) representatives, from the
employer/industry organization, one of whom shall be woman; three (3) representatives, from
the labor sector, one of whom shall be a woman; and two (2) representatives of the national
associations of private technical-vocational education and training institutions, one of whom
shall be a woman. As soon as all the members of the private sector are appointed, they shall so
organize themselves that the term of office of one-third (1/3) of their number shall expire every
year. The member from the private sector appointed thereafter to fill vacancies caused by
expiration of terms shall hold office for three (3) years. The President of the Philippines may,
however, revise the membership of the TESDA Board, whenever the President deems it
necessary for the effective performance of the Board’s functions through an administrative
order. The TESDA Board shall meet at least twice a year, or as frequently as may be deemed
necessary by its Chairperson. In the absence of the Chairperson, a Co-Chairperson shall preside.
In case any member ofthe Board representing the Government cannot attend the meeting, he or
she shall be regularly represented by an undersecretary or deputy-director general, as the case
may be, to be designated by such member for the purpose. The benefits, privileges and
emoluments of the Board shall be consistent with existing laws and rules.
SECTION 8. Powers and Functions of the Board.
— The Authority shall primarily be responsible for formulating, continuing,
coordinated and fully integrated technical education and skills development policies, plans and
programs taking into consideration the following:
a) the State policy declared herein of giving new direction and thrusts to efforts in
developing the quality of Filipino human resource through technical education and skills
development;
b) the implementation of the above-mentioned policy requires the coordination and
cooperation of policies, plans, and programs of different concerned sectors of Philippine
society;
c) equal participation of representatives of industry groups, trade associations,
employers, workers and government shall be made the rule in order to ensure that urgent needs
and recommendations are readily addressed; and
d) Improved linkages between industry, labor and government shall be given priority
in the formulation of any national-level plan. The Board, shall have the following powers:
1) promulgate, after due consultation with industry groups, trade associations,
employers, workers, policies, plans, programs and guidelines as may be necessary for the
effective implementation of this Act;
2) organize and constitute various standing committees, subsidiary groups, or technical
working groups for efficient integration, coordination and monitoring technical education and
skills development programs at the national, regional, and local levels;
3) enter into, make, execute, perform and carry-out domestic and foreign contracts
subject to existing laws, rules and regulations;
4) restructure the entire sub-sector consisting of all institutions and programs involved
in the promotion and development of middle-level manpower through upgrading, merger and/or
phase-out following a user-led strategy;
5) approve trade skills standards and trade tests as established and conducted by
private industries;’
6) Establish and administer a system of accreditation of both public and private
institutions;
7) establish, develop and support institutions’ Trainor’s’ training and/or programs;
8) lend support and encourage increasing utilization of the dual training system as
provided for by Republic Act No. 7686;
9) exact reasonable fees and charges for such tests and trainings conducted and retain
such earnings for its own use, subject to guidelines promulgated by the Authority;
10) allocate resources, based on the Secretariat’s recommendations, for the programs
and projects it shall undertake pursuant to approved National Technical Education and Skills
Development Plan;
11) determine and approve systematic funding schemes such as the Levy and Grant
scheme for technical education and skills development purposes;
12) create, when deemed necessary, an Advisory Committee which shall provide
expert and technical advice to the Board to be chosen from the academe and the private sector:
Provided, That in case the Advisory Committee is created, the Board is hereby authorized to set
aside a portion of its appropriation for its operation; and
13) perform such other duties and functions necessary to carry out the provisions of
this Act consistent with the purposes of the creation of TESDA.
SECTION 9. Power to Review and Recommend Action.
— The Authority shall review and recommend action to concerned authorities on
proposed technical assistance programs and grants-in-aid for technical education or skills
development, or both, including those which may be entered into between the Government of
the Philippines and other nations, including international and foreign organizations, both here
and abroad.
SECTION 10. The TESDA Secretariat.
— There is hereby created a Technical Education and Skills Development Authority
Secretariat which shall have the following functions and responsibilities:
a) to establish and maintain a planning process and formulate a national technical
education and skills development plan in which the member-agencies and other concerned
entities of the Authority at various levels participate;
b) to provide analytical inputs to policy decision-making of the Authority on allocation
of resources and institutional roles and responsibilities as shall be embodied in annual agencies
technical education and skills development plans, in accordance with the manpower plan for
middle-level skilled workers as approved by the Authority;
c) to recommend measures, and implement the same upon approval by the Authority,
for the effective and efficient implementation of the national technical education and skills
development plan;
d) to propose to the Authority the specific allocation of resources for the programs and
projects it shall undertake pursuant to approved national technical education and skills
development plan;
e) to submit to the Authority periodic reports on the progress and accomplishment of
work programs of implementation of plans and policies for technical educational and skills
development;
f) to prepare for approval by the Authority an annual report to the President on
technical education and skills development;
g) to implement and administer the apprenticeship program as provided for in Section
18 of this Act;
h) to prepare and implement upon approval by the Authority a program for the training
of trainers, supervisors, planners and managers as provided for in Section 23 of this Act;
i) to enter into agreement to implement approved plans and programs and perform
activities as shall implement the declared policy of this Act; and
j) to perform such other functions and duties as may be assigned by the Board.
SECTION 11. Director-General.
— The TESDA Secretariat shall be headed by a Director-General, who shall likewise
be a member of the TESDA Board. The Director-General shall be appointed by the President of
the Philippines and shall enjoy the benefits, privileges ad emoluments equivalent to the rank of
Undersecretary. As Chief Executive Officer of the TESDA Secretariat, the Director-General
shall exercise general supervision and control over its technical and administrative personnel.
SECTION 12. Deputy Director-General.
— The Director-General shall be assisted by two (2) Deputy Directors-General to be
appointed by the President of the Philippines on recommendation of the TESDA Board. One to
be responsible for Vocational and Technical Education and Training and one to be responsible
for Policies and Planning.
10. The Deputy Directors-General shall enjoy the benefits, privileges and emoluments
equivalent to the rank of Assistant Secretary.
SECTION 13. Chief of Services for Administration.
— The Director-General shall also be assisted by a Chief of Services for
Administration who shall be a Career Civil Service Official to be appointed by the TESDA
Board.
SECTION 14. Structural Organization and Personnel.
— The TESDA Secretariat, in addition to the offices of the Director-General, Deputy
Director-General and Chief of Services for Administration shall be composed of the following
offices to be headed by an Executive Director to be appointed by the Director-General and shall
have the rank and emoluments of Director IV.
a) Planning Office (PO) — The Planning Office shall be under the Office of the
Deputy Director-General and shall have the following functions:
1) to design and establish planning processes and methodologies which will
particularly enhance the efficiency of resource allocation decisions within the technical
education and skills development sector;
2) to lead in the preparation and periodic updating of a national plan for technical
education and skills development which shall become the basis for resource allocation decisions
within the sector;
3) to conduct researches, studies and develop information systems for effective and
efficient planning and policy-making within the sector;
4) to develop and implement programs and projects aimed at building up planning
capabilities of various institutions within the sector; and
5) to perform such other powers and functions as may be authorized by the Authority.
b) Skills Standards and Certification Office (SSCO). — The Skills Standards and
Certification Office shall be under the office of the Deputy Director-General and shall have the
following functions:
1) to develop and establish a national system of skills standardization, testing and
certification in the country;
2) to design, innovate and adopt processes and methodologies whereby industry groups
and workers’ guilds take note on progressively the responsibility of setting skills standards for
identified occupational areas, and the local government units actively participate in promoting
skills standards, testing and certification;
3) to establish and implement a system of accrediting private enterprises, workers’
associations and guilds and public institutions to serve as skills testing venues;
4) to conduct research and development on various occupational areas in order to
recommend policies, rules and regulations for effective and efficient skills and standardization,
testing and certification system in the country; and
5) to perform such other duties and functions as may be authorized.
c) National Institute for Technical Vocational and Education Training (NITVET). —
The National Institute for Technical Vocational and Education Training to be under the office
of the Deputy Director-General and shall have the following functions:
1) to serve as the research and development arm of the government in the field of
technical-vocational education and training
2) to develop curricula and program standards for various technical-vocational
education and training areas;
3) to develop and implement an integrated program for continuing development of
Trainor’s, teachers and instructors within the technical education and skills development sector;
4) to develop programs and projects which will build up institutional capabilities
within the sector; and5) to perform such other powers and functions as may be authorized.
d) Office of Formal Technical Vocational Education and Training (OFFVET). The
Office of Formal Technical Vocational Education and Training to be under the office of the
Deputy Director-General and shall have the following functions:
1) to provide policies, measures and guidelines for effective and efficient
administration of formal technical-vocational education and training programs implementing by
various institutions in the country;
 2) to establish and maintain a system for accrediting, coordinating integrating,
monitoring and evaluating the different formal technical-vocational education and training
program vis-a-vis the approved national technical education and skills development plan;
3) to establish and maintain a network of institutions engaged in institutionalized
technical-vocational education and training, particularly with local government units; and
4) to perform such other duties and functions as may be authorized.
e) Office of the Non-Formal Technical-Vocational Education and Training
(ONFTVET). — The Office of the Non-Formal Technical-Vocational Education and Training
to be under the Office of the Deputy Director-General and shall have the following functions:
1) to provide direction, policies and guidelines for effective implementation of non-
formal, community-based technical-vocational education and training;
2) to accredit, coordinate, monitor and evaluate various non-formal technical-
vocational education and training programs implemented by various institutions particularly, by
local government units;
3) to establish and maintain a network of institutions including local government units,
non-government organizations implementing non-formal, community-based technical-
vocational education and training;
4) to perform such other powers and functions as may be authorized.
f) Office of Apprenticeship (OA). — The Office of Apprenticeship shall be under the
Office of the Deputy Director-General and shall have the following functions:
1) to provide direction, policies and guidelines on the implementation of the
Apprenticeship system;
2) to accredit, coordinate, monitor and evaluate all apprenticeship schemes and
program implemented by various institutions and enterprises;
3) to establish a network of institutions and enterprises conducting apprenticeship
schemes and programs;
4) to perform such other powers and functions as may be authorized.
g) Regional TESDA Offices. — The Regional TESDA Offices shall be headed by
Regional Directors with the rank and emoluments of Director IV to be appointed by the
President. The Regional TESDA Offices shall be under the direct control of the Director-
General and shall have the following functions:
1) to serve as Secretariat to Regional Technical Education Skills Development
(TESDA) Committees;
2) to provide effective supervision, coordination and integration of technical education
and skills development programs, projects and related activities in their respective jurisdiction;
3) to develop and recommend TESDA programs for regional and local-level
implementation within the policies set by the Authority;
4) to perform such other duties and functions as may be deemed necessary.
SECTION 15. The Provincial TESDA Offices.
— The Provincial Offices shall be headed by Skill Development Officers who shall
have the rank and emoluments of a Director III. The Provincial TESDA Offices shall be under
the direct control of the Director-General and shall have the following functions:
1) to serve as Secretariat to Provincial TESDA Committees;
2) to provide technical assistance particularly to local government units for effective
supervision, coordination, integration and monitoring of technical-vocational education and
training programs within their localities;
3) to review and recommend TESDA programs for implementation within their
localities; and4) to perform such other duties and functions as may be authorized. Furthermore,
the TESDA Secretariat may be further composed by such offices as may be deemed necessary
by the Authority. The Director-General shall appoint such personnel necessary to carry out the
objectives, policies and functions of the Authority subject to Civil Service laws, rules and
regulations.
SECTION 16. Compliance with the Salaries Standardization Law.
— The compensation and emoluments of the officials and employees of the Authority
shall be in accordance with the salary
15. standardization law and other applicable laws under the national compensation and
classification plan.
SECTION 17. Consultants and Technical Assistance, Publication and Research.
— In pursuing its objectives, the Authority is hereby authorized to set aside a portion
of its appropriation for the hiring of services of qualified consultants, and private organizations
for research work and publication in the field of technical education and skills development. It
shall avail itself of the services of other agencies of the Government as may be required.
SECTION 18. Transfer of the Apprenticeship Program.
— The Apprenticeship Program of the Bureau of Local Employment of the
Department of Labor and Employment shall be transferred to the Authority which shall
implement and administer said program in accordance with existing laws, rules and regulations.
SECTION 19. Technical Education and Skills Development Committees.
— The Authority shall establish Technical Education and Skills Development
Committees at the regional and local levels to coordinate and monitor the delivery of all skills
development activities by the public and private sectors. These committees shall likewise serve
as the Technical Education and Skills Development Committees of the Regional and local
development councils. The composition of the Technical Education and Skills Development
Committees shall be determined by the Director-General subject to the guidelines to be
promulgated by the Authority.
SECTION 20. Skills Development Centers.
— The Authority shall strengthen the network of national, regional and local skills
training centers for the purpose of promoting skills development. This network shall include
skills training centers in vocational and technical schools, technical institutes, polytechnic
colleges, and all other duly accredited public and private dual system educational institutions.
The technical education and skills development centers shall be administered and operated
under such rules and regulations as may be established by the Authority in accordance with the
National Technical Education and Skills Development Plan.
SECTION 21. Formulation of a Comprehensive Development Plan for Middle-Level
Manpower.
— The Authority shall formulate a comprehensive development plan for middle-level
manpower based on a national employment plan or policies for the optimum allocation,
development and utilization of skilled workers for employment entrepreneurship and
technology development for economic and social growth. This plan shall, after adoption by the
Authority, be updated periodically and submitted to the President of the Philippines for
approval. Thereafter, it shall be the plan for technical education and skills development for the
entire country within the framework of the National Development Plan. The Authority shall
direct the TESDA Secretariat to call on its member-agencies, the private sector and the academe
to assist in this effort. The comprehensive plan shall provide for reformed industry-based
training program including apprenticeship, dual training system and other similar schemes
intended to:
a) promote maximum protection and welfare of the worker-trainee;
b) improve the quality and relevance and social accountability of technical education
and skills development;
c) accelerate the employment-generation efforts of the government; and c
 d) expand the range of opportunities for upward social mobility of the school-going
population beyond the traditional higher levels of formal education. All government and non-
government agencies receiving financial and technical assistance from the government shall be
required to formulate their respective annual agency technical education and skills development
plan in line with the national technical education and skills development plan. The budget to
support such plans shall be subject to review and endorsement by the Authority to the
Department of Budget and Management.
The Authority shall evaluate the efficiency and effectiveness of agencies skills development
program and schemes to make them conform with the quantitative and qualitative objectives of
the national technical education and skills development plan.
SECTION 22. Establishment and Administration of National Trade Skills Standards.
— There shall be national occupational skills standards to be established by TESDA-
accredited industry committees. The Authority shall develop and implement a certification and
accreditation program in which private industry groups and trade associations are accredited to
conduct approved trade tests, and the local government units to promote such trade testing
activities in their respective areas in accordance with the guidelines to be set by the Authority.
The Secretary of Labor and Employment shall determine the occupational trades for mandatory
certification. All certificates relating to the national trade skills testing and certification system
shall be issued by the Authority through theTESDA Secretariat.
SECTION 23. Administration of Training Programs.
— The Authority shall design and administer training programs and schemes that will
develop the capabilities of public and private institutions to provide quality and cost-effective
technical educational and skills development and related opportunities. Such training programs
and schemes shall include teacher’s trainors’ training, skills training for entrepreneur
development and technology development, cost-effective training in occupational trades and
related fields of employment, and value development as an integral component of all skills
training programs.
SECTION 24. Assistance to Employers and Organizations.
— The Authority shall assist any employer or organization engaged in skills training
schemes designed to attain its objectives under rules and regulations which the Authority shall
establish for this purpose.
SECTION 25. Coordination of All Skills Training Schemes.
— In order to integrate the national skills development efforts, all technical
Education and skills training schemes as provided for in this Act shall be coordinated with the
Authority particularly those having to do with the setting of trade skills standards. For this
purpose, existing technical education and skills training programs in the Government and in the
private sector, specifically those wholly or partly financed with government funds, shall be
reported to the Authority which shall assess and evaluate such programs to ensure their
efficiency and effectiveness.
SECTION 26. Industry Boards.
— The Authority shall establish effective and efficient institutional arrangements with
industry boards and such other bodies or associations to provide direct participation of
employers and workers in the design and implementation of skills development schemes, trade
skills standardization and certification and such other functions in the fulfillment of the
Authority’s objectives.
SECTION 27. Incentives Schemes.
— The Authority shall develop and administer appropriate incentives schemes to
encourage government and private industries and institutions to provide high-quality technical
education and skills development opportunities.
SECTION 28. Skills Development Opportunities.
 — The Authority shall design and implement an effective and efficient delivery system
for quality technical education and skills development opportunities particularly in
disadvantaged sectors, with new tools of wealth creation and with the capability to take on
higher value-added gainful activities and to share equitably in productivity gains
SECTION 29. Devolution of TESDA’s Training Function to Local Governments. — In
establishing the delivery system provided for in the preceding Section, the Authority shall
formulate, implement and finance a specific plan to develop the capability of local government
units to assume ultimately the responsibility for effectively providing community-based
technical education and skills development opportunities: Provided, however, That there shall
be formulated and implemented, an effective and timely retraining of TESDA personnel that
would be affected by the devolution to ensure their being retained if the concerned local
government units would not be able to absorb them.
SECTION 30. Skills Olympics.
— To promote quality skills development in the country and with the view of
participating in international skills competitions, the Authority, with the active participation of
private industries, shall organize and conduct annual National Skills Olympics. The Authority,
through the TESDA Secretariat, shall promulgate the necessary rules and guidelines for the
effective and efficient conduct of Annual National Skills Olympics and for the country’s
participation in international skills Olympics.
SECTION 31. The TESDA Development Fund.
— A TESDA Development Fund is hereby established, to be managed/administered by the
Authority, the income from which shall be utilized exclusively in awarding of grants and
providing assistance to training institutions, industries, local government units for upgrading
their capabilities and to develop and implement training and training-related activities. The
contribution to the fund shall be the following:
a) a one-time lump sum appropriation from the National Government;
b) an annual contribution from the Overseas Workers Welfare Administration Fund,
the amount of which should be part of the study on financing in conjunction with letter (D) of
Section c) donations, grants, endowments, and other bequests or gifts, and
d) any other income generated by the Authority.
The TESDA Board shall be the administrator of the fund, and as such, shall formulate
the necessary implementing guidelines for the management of the fund, subject to the
following:
a) unless otherwise stipulated by the private donor, only earnings of private
contributions shall be used; and
b) no part of the seed capital of the fund, including earnings, thereof, shall be used to
under write expenses for administration.
The Board shall appoint a reputable government-accredited investment institution as
fund manager, subject to guidelines promulgated by the Board.
SECTION 32. Scholarship Grants.
— The Authority shall adopt a system of allocation and funding of scholarship grants
which shall be responsive to the technical education and skills development needs of the
different regions in the country.

SECTION 33. TESDA Budget. — The amount necessary to finance the initial implementation
of this Act shall be charged against the existing appropriations of the NMYC and the BTVE.
Thereafter, such funds as may be necessary for the continued implementation of this Act shall
be included in the annual General Appropriations Act.
SECTION 34. Transitory Provisions. —
 a) Within two (2) months after the approval of this Act, the President shall, in
consultation with the Secretary of Labor and Employment and the Secretary of Education,
Culture and Sports, appoint the private sector representatives of the TESDA Board.
b) Within three (3) months after the appointment of the private sector representatives,
the President shall, upon the recommendation of the Board, appoint the Director-General.
c) Within four (4) months after the appointment of the Director-General, the Board
shall convene to determine the organizational structure and staffing pattern of the Authority.
d) Within one (1) year after the organization of the Authority, the Board shall
commission an expert group on funding schemes for the TESDA Development Fund, as
provided in Section 31, the results of which shall be used as the basis for appropriate action by
the Board.
e) The personnel of the existing National Manpower and Youth Council (NMYC) of
the Department of Labor and Employment and the Bureau of Technical and Vocational
Education (BTVE) of the Department of Education, Culture and Sports, shall, in a hold over
capacity, continue to perform their respective duties and responsibilities and receive their
corresponding salaries and benefits until such time when the organizational structure and
staffing pattern of the Authority shall have been approved by the Board: Provided, That the
preparation and approval of the said new organizational structure and staffing pattern shall, as
far as practicable, respect and ensure the security of tenure and seniority rights of affected
government employees. Those personnel whose positions are not included in the new staffing
pattern approved by the Board or who are not reappointed or who choose to be separated as a
result of the reorganization shall be paid their separation or retirement benefits under existing
laws.
SECTION 35. Automatic Review.
— Every five (5) years, after the effectivity of this Act, an independent review panel
composed of three(3) persons appointed by the President shall review the performance of the
Authority and shall make recommendations, based on its findings to the President and to both
Houses of Congress.
SECTION 36. Implementing Rules and Guidelines.
— The TESDA Board shall issue, within a period of ninety (90) days after the
effectivity of this Act, the rules and regulations for the effective implementation of this Act.
The TESDA Board shall submit to the Committees on Education, Arts and Culture of both
Houses of Congress 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 R.A. No. 6713, otherwise known as the “Code of Conduct and Ethical Standards for
Public Officials, and Employees” and other existing administrative and/or criminal laws.
SECTION 37. Repealing Clause.
— All laws, presidential decrees, executive orders, presidential proclamation, rules and
regulations or parts thereof contrary to or inconsistent with this Act are hereby repealed or
modified accordingly.
SECTION 38. Separability Clause.
— If any provision of this Act is declared unconstitutional, the same shall not affect
the validity andeffectivity of the other provisions hereof.
SECTION 39. Effectivity Clause.
— This Act shall take effect fifteen(15) days after its complete publication in two (2)
newspapers of general circulation.

Lesson 5. Republic Act 9155

Republic Act No. 9155
AN ACT INSTITUTING A FRAMEWORK OF GOVERNANCE FOR BASIC EDUCATION,
ESTABLISHING AUTHORITY AND ACCOUNTABILITY, RENAMING THE
DEPARTMENT OF EDUCATION, CULTURE AND SPORTS AS THE DEPARTMENT OF
EDUCATION, 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 “Governance of Basic Education Act
of 2001.”

SEC. 2. Declaration of Policy. – It is hereby declared the policy of the State to protect and
promote the right of all citizens to quality basic education and to make such education
accessible to all by providing all Filipino children a free and compulsory education in the
elementary level and free education in the high school level. Such education shall also include
alternative learning systems for out-of-school youth and adult learners. It shall be the goal of
basic education to provide them with the skills, knowledge and values they need to become
caring, self- reliant, productive and patriotic citizens.

The school shall be the heart of the formal education system. It is where children learn. Schools
shall have a single aim of providing the best possible basic education for all learners.

Governance of basic education shall begin at the national level. It is at the regions, divisions,
schools and learning centers — herein referred to as the field offices — where the policy and
principle for the governance of basic education shall be translated into programs, projects and
services developed, adapted and offered to fit local needs.

The State shall encourage local initiatives for improving the quality of basic education. The
State shall ensure that the values, needs and aspirations of a school community are reflected in
the program of education for the children, out-of-school youth and adult learners. Schools and
learning centers shall be empowered to make decisions on what is best for the learners they
serve.

SEC. 3. Purposes and Objectives. – The purposes and objectives of this Act are:

(a) To provide the framework for the governance of basic education which shall set the general
directions for educational policies and standards and establish authority, accountability and
responsibility for achieving higher learning outcomes;

(b) To define the roles and responsibilities of, and provide resources to, the field offices which
shall implement educational programs, projects and services in communities they serve;

(c) To make schools and learning centers the most important vehicle for the teaching and
learning of national values and for developing in the Filipino learners love of country and pride
in its rich heritage;
(d) To ensure that schools and learning centers receive the kind of focused attention they
deserve and that educational programs, projects and services take into account the interests of
all members of the community;

(e) To enable the schools and learning centers to reflect the values of the community by
allowing teachers/learning facilitators and other staff to have the flexibility to serve the needs of
all learners;

(f) To encourage local initiatives for the improvement of schools and learning centers and to
provide the means by which these improvements may be achieved and sustained; and

(g) To establish schools and learning centers as facilities where schoolchildren are able to learn
a range of core competencies prescribed for elementary and high school education programs or
where the out-of-school youth and adult learners are provided alternative learning programs and
receive accreditation for at least the equivalent of a high school education.

Sec. 4. Definition of Terms. – For purposes of this Act, the terms or phrases used shall mean or
be understood as follows:

(a) Alternative Learning System – is a parallel learning system to provide a viable alternative
to the existing formal education instruction. It encompasses both the non-formal and informal
sources of knowledge and skills;

(b) Basic Education – is the education intended to meet basic learning needs which lays the
foundation on which subsequent learning can be based. It encompasses early childhood,
elementary and high school education as well as alternative learning systems for out-of-school
youth and adult learners and includes education for those with special needs;

(c) Cluster of Schools – is a group of schools which are geographically contiguous and
brought together to improve the learning outcomes;

(d) Formal Education – is the systematic and deliberate process of hierarchically structured
and sequential learning corresponding to the general concept of elementary and secondary level
of schooling. At the end of each level, the learner needs a certification in order to enter or
advance to the next level;

(e) Informal Education – is a lifelong process of learning by which every person acquires and
accumulates knowledge, skills, attitudes and insights from daily experiences at home, at work,
at play and from life itself;

(f) Integrated Schools – is a school that offers a complete basic education in one school site
and has unified instructional programs;

(g) Learner – is any individual seeking basic literacy skills and functional life skills or support
services for the improvement of the quality of his/her life;

(h) Learning Center – is a physical space to house learning resources and facilities of a learning
program for out-of-school youth and adults. It is a venue for face-to-face learning activities and
other learning opportunities for community development and improvement of the people’s
quality of life;

(i) Learning Facilitator – is the key-learning support person who is responsible for
supervising/facilitating the learning process and activities of the learner;

(j) Non-Formal Education – is any organized, systematic educational activity carried outside the
framework of the formal system to provide selected types of learning to a segment of the
population;

(k) Quality Education – is the appropriateness, relevance and excellence of the education given
to meet the needs and aspirations of an individual and society;

(l) School – is an educational institution, private and public, undertaking educational operation
with a specific age-group of pupils or students pursuing defined studies at defined levels,
receiving instruction from teachers, usually located in a building or a group of buildings in a
particular physical or cyber site; and

(m) School Head – is a person responsible for the administrative and instructional supervision
of the school or cluster of schools.

CHAPTER 1

Governance of Basic Education

Sec. 5. Principles of Shared Governance. – (a) Shared governance is a principle which

recognizes that every unit in the education bureaucracy has a particular role, task and
responsibility inherent in the office and for which it is principally accountable for outcomes;

(b) The process of democratic consultation shall be observed in the decision-making process at
appropriate levels. Feedback mechanisms shall be established to ensure coordination and open
communication of the central office with the regional, division and school levels;

(c) The principles of accountability and transparency shall be operationalized in the

performance of functions and responsibilities at all levels; and

(d) The communication channels of field offices shall be strengthened to facilitate flow of
information and expand linkages with other government agencies, local government units and
nongovernmental organizations for effective governance;

Sec. 6. Governance. – The Department of Education, Culture and Sports shall henceforth be
called the Department of Education. It shall be vested with authority, accountability and
responsibility for ensuring access to, promoting equity in, and improving the quality of basic
education. Arts, culture and sports shall be as provided for in Sections 8 and 9 hereof.

Sec. 7. Powers, Duties and Functions. – The Secretary of the Department of Education shall
exercise overall authority and supervision over the operations of the Department.

A. National Level
In addition to his/her powers under existing laws, the Secretary of Education shall have
authority, accountability and responsibility for the following:

(1) Formulating national educational policies;

(2) Formulating a national basic education plan;

(3) Promulgating national educational standards;

(4) Monitoring and assessing national learning outcomes;

(5) Undertaking national educational research and studies;

(6) Enhancing the employment status, professional competence, welfare and working
conditions of all personnel of the Department; and

(7) Enhancing the total development of learners through local and national programs and/or
projects.

The Secretary of Education shall be assisted by not more than four (4) undersecretaries and not
more than four (4) assistant secretaries whose assignments, duties and responsibilities shall be
governed by law. There shall be at least one undersecretary and one assistant secretary who
shall be career executive service officers chosen from among the staff of the Department.

B. Regional Level

There shall be as many regional offices as may be provided by law. Each regional office shall
have a director, an assistant director and an office staff for program promotion and support,
planning, administrative and fiscal services.

Consistent with the national educational policies, plans and standards, the regional director shall
have authority, accountability and responsibility for the following:

(1) Defining a regional educational policy framework which reflects the values, needs and
expectations of the communities they serve;

(2) Developing a regional basic education plan;

(3) Developing regional educational standards with a view towards benchmarking for
international competitiveness;

(4) Monitoring, evaluating and assessing regional learning outcomes;

(5) Undertaking research projects and developing and managing regionwide projects which
may be funded through official development assistance and/or other funding agencies;
(6) Ensuring strict compliance with prescribed national criteria for the recruitment, selection
and training of all staff in the region and divisions;

(7) Formulating, in coordination with the regional development council, the budget to support
the regional educational plan which shall take into account the educational plans of the
divisions and districts;

(8) Determining the organization component of the divisions and districts and approving the
proposed staffing pattern of all employees in the divisions and districts;

(9) Hiring, placing and evaluating all employees in the regional office, except for the position
of assistant director;

(10) Evaluating all schools division superintendents and assistant division superintendents in
the region;

(11) Planning and managing the effective and efficient use of all personnel, physical and fiscal
resources of the regional office, including professional staff development;

(12) Managing the database and management information system of the region;

(13) Approving the establishment of public and private elementary and high schools and
learning centers; and

(14) Performing such other functions as may be assigned by proper authorities.

C. Division Level

A division shall consist of a province or a city which shall have a schools division
superintendent, at least one assistant schools division superintendent and an office staff for
programs promotion, planning, administrative, fiscal, legal, ancillary and other support services.

Consistent with the national educational policies, plans and standards, the schools division
superintendents shall have authority, accountability and responsibility for the following:

(1) Developing and implementing division education development plans;

(2) Planning and managing the effective and efficient use of all personnel, physical and fiscal
resources of the division, including professional staff development;

(3) Hiring, placing and evaluating all division supervisors and schools district supervisors as
well as all employees in the division, both teaching and non-teaching personnel, including
school heads, except for the assistant division superintendent;

(4) Monitoring the utilization of funds provided by the national government and the local
government units to the schools and learning centers;
(5) Ensuring compliance of quality standards for basic education programs and for this
purpose strengthening the role of division supervisors as subject area specialists;

(6) Promoting awareness of and adherence by all schools and learning centers to accreditation
standards prescribed by the Secretary of Education;

(7) Supervising the operations of all public and private elementary, secondary and integrated
schools, and learning centers; and

(8) Performing such other functions as may be assigned by proper authorities.

D. Schools District Level

Upon the recommendation of the schools division superintendents, the regional director may
establish additional schools district within a schools division. Schools districts already existing
at the time of the passage of this law shall be maintained. A schools district shall have a schools
district supervisor and an office staff for program promotion.

The schools district supervisor shall be responsible for:

(1) Providing professional and instructional advice and support to the school heads and
teachers/facilitators of schools and learning centers in the district or cluster thereof;

(2) Curricula supervision; and

(3) Performing such other functions as may be assigned by proper authorities.

E. School Level

There shall be a school head for all public elementary schools and public high schools or a
cluster thereof. The establishment of integrated schools from existing public elementary and
public high schools shall be encouraged.

The school head, who may be assisted by an assistant school head, shall be both an instructional
leader and administrative manager. The school head shall form a team with the school
teachers/learning facilitators for delivery of quality educational programs, projects and services.
A core of non-teaching staff shall handle the school’s administrative, fiscal and auxiliary
services.

Consistent with the national educational policies, plans and standards, the school heads shall
have authority, accountability and responsibility for the following:

(1) Setting the mission, vision, goals and objectives of the school;

(2) Creating an environment within the school that is conducive to teaching and learning;

(3) Implementing the school curriculum and being accountable for higher learning outcomes;
(4) Developing the school education program and school improvement plan;

(5) Offering educational programs, projects and services which provide equitable opportunities
for all learners in the community;

(6) Introducing new and innovative modes of instruction to achieve higher learning outcomes;

(7) Administering and managing all personnel, physical and fiscal resources of the school;

(8) Recommending the staffing complement of the school based on its needs;

(9) Encouraging staff development;

(10) Establishing school and community networks and encouraging the active participation of
teachers organizations, non-academic personnel of public schools, and parents-teachers-
community associations;

(11) Accepting donations, gifts, bequests and grants for the purpose of upgrading
teachers’/learning facilitators’ competencies, improving and expanding school facilities and
providing instructional materials and equipment. Such donations or grants must be reported to
the appropriate district supervisors and division superintendents; and

(12) Performing such other functions as may be assigned by proper authorities.

The Secretary of Education shall create a promotions board, at the appropriate levels, which
shall formulate and implement a system of promotion for schools division supervisors, schools
district supervisors, and school heads. Promotion of school heads shall be based on educational
qualification, merit and performance rather than on the number of teachers/learning facilitators
and learners in the school.

The qualifications, salary grade, status of employment and welfare and benefits of school heads
shall be the same for public elementary, secondary and integrated schools.

No appointment to the positions of regional directors, assistant regional directors, schools

division superintendents and assistant schools division superintendents shall be made unless the
appointee is a career executive service officer who preferably shall have risen from the ranks.

CHAPTER 2

Transfer of Cultural Agencies

Sec. 8. Cultural Agencies. – The Komisyon ng Wikang Pilipino, National Historical Institute,
Record Management and Archives Office and the National Library shall now be
administratively attached to the National Commission for Culture and the Arts (NCCA) and no
longer with the Department of Education. The program for school arts and culture shall remain
part of the school curriculum.

CHAPTER 3
Abolition of the Bureau of Physical Education and School Sports

Sec. 9. Abolition of BPESS. – All functions, programs and activities of the Department of
Education related to sports competition shall be transferred to the Philippine Sports
Commission (PSC). The program for school sports and physical fitness shall remain part of the
basic education curriculum.

The Bureau of Physical Education and School Sports (BPESS) is hereby abolished. The
personnel of the BPESS, presently detailed with the PSC, are hereby transferred to the PSC
without loss of rank, including the plantilla positions they occupy. All other BPESS personnel
shall be retained by the Department.

CHAPTER 4

Support and Assistance of Other Government Agencies

Sec. 10. The Secretary of Education and the Secretary of Budget and Management shall, within
ninety (90) days from the approval of this Act, jointly promulgate the guidelines on the
allocation, distribution and utilization of resources provided by the national government for the
field offices, taking into consideration the uniqueness of the working conditions of the teaching
service.

The Secretary of the Department of Education shall ensure that resources appropriated for the
field offices are adequate and that resources for school personnel, school desks and textbooks
and other instructional materials intended are allocated directly and released immediately by the
Department of Budget and Management to said offices.

Sec. 11. The Secretary of the Department of Education, subject to civil service laws and
regulations, shall issue appropriate personnel policy rules and regulations that will best meet the
requirements of the teaching profession taking into consideration the uniqueness of the working
conditions of the teaching service.

Sec. 12. The Commission on Audit, in the issuance of audit rules and regulations that will
govern the utilization of all resources as well as the liquidation, recording and reporting thereof,
shall take into account the different characteristics and distinct features of the department’s field
offices, its organizational set-up as well as the nature of the operations of schools and learning
centers.

CHAPTER 5

Final Provisions

Sec. 13. Governance in the ARMM. – The Regional Education Secretary for the Autonomous
Region in Muslim Mindanao (ARMM) shall exercise similar governance authority over the
divisions, districts, schools and learning centers in the region as may be provided in the Organic
Act without prejudice to the provisions of Republic Act No. 9054, entitled “An Act to
Strengthen and Expand the Organic Act for the Autonomous Region in Muslim Mindanao,
Amending for the Purpose Republic Act No. 6734, entitled ‘An Act Providing for the
Autonomous Region in Muslim Mindanao, as amended.'”

Sec. 14. Rules and Regulations. – The Secretary of Education shall promulgate the
implementing rules and regulations within ninety (90) days after the approval of this Act:
Provided, That, the Secretary of Education shall fully implement the principle of shared
governance within two (2) years after the approval of this Act.

Sec. 15. Separability Clause. – If for any reason, any portion or provision of this Act shall be
declared unconstitutional, other parts or provisions hereof which are not affected thereby shall
continue to be in full force and effect.

Sec. 16. Repealing Clause. – All laws, decrees, executive orders, rules and regulations, part or
parts thereof, inconsistent with the provisions of this Act, are hereby repealed or modified
accordingly.

Sec. 17. Effectivity Clause. – This Act shall take effect fifteen (15) days following its
publication in at least two (2) newspapers of general circulation.

Lesson 6. Executive order No. 356

RENAMING THE BUREAU OF NON-FORMAL EDUCATION TO BUREAU OF

ALTERNATIVE LEARNING SYSTEM

WHEREAS, it is a declared State policy, “to protect and promote the right of all citizens to
quality basic education and to promote the right of all citizens to quality basic education and
such education accessible to all by providing all Filipino children in the elementary level and
free education in the high school level. Such education small also include alternative learning
system for out-of-school youth and adult learners.” (Section 2 of R.A. 9155, The Governance of
Basic Education Act of 2001)

WHEREAS, Section 12.1 Rules XII of R.A. 9155 stipulates that “the alternative Learning
System is a parallel learning system to provide a viable alternative to the existing formal
education instruction, encompassing both the non-formal and informal sources of knowledge
and skills”;

WHEREAS, the Department of Education, through the Bureau of Non-formal Education is

mandated to ensure that all learning needs of marginalized learners are addressed;

WHEREAS, one of the most important initiatives in Non-formal Education in the Philippines
in the last 10 years is the Alternative Learning System (ALS), which is a major component of
basic education with a clearly defined role within the overall educational goals;

WHEREAS, the ALS will respond to the need of a more systematic and flexible approach in
reaching to all types of learners outside the school system;

NOW, THEREFORE, I, GLORIA MACAPAGAL-ARROYO, President of the Philippines, by

virtue of the powers vested in me by law, do hereby order:
SECTION 1. The Bureau of Non-formal Education is hereby renamed to Bureau of Alternative
Learning System (BALS).

SEC. 2. The Bureau of Alternative Learning System shall have the following functions:

a. Address the learning needs of the marginalized groups of the population including the
deprived, depressed and underserved citizens;

b. Coordinate with various agencies for skills development to enhance and ensure continuing
employability, efficiency, productivity, and competitiveness in the labor market;

c. Ensure the expansion of access to educational opportunities for citizens of different interests,
capabilities, demographic characteristics and socio-economic origins and status; and

d. Promote certification and accreditation of alternative learning programs both formal and
informal in nature for basic education.

SEC. 3. Funds necessary to carry out the provisions of this Executive Order shall be taken from
the present funds available in the Department of Education and shall thereafter be included in
the General Appropriations Act.

SEC. 4. All orders, issuances, rules and regulations, or parts thereof inconsistent with this
Executive Order are hereby repealed or modified accordingly.

SEC. 5. This Executive Order shall take effect fifteen (15) days after its publication in the
Official Gazette.

Done in the City of Manila, this 13th day of September in the year of Our Lord, two thousand
and four.

(Sgd.) GLORIA MACAPAGAL-ARROYO

President of the Philippines

By the President:

(Sgd.) EDUARDO R. ERMITA

Acting Executive Secretary

Source: Malacañang Records Office

Office of the President of the Philippines. (2004). [Executive Order Nos. : 301 – 400]. Manila :
Malacañang Records Office.

Lesson 7. Presidential Decree No. 6-A

AUTHORIZING THE UNDERTAKING OF EDUCATIONAL DEVELOPMENT PROJECTS,
PROVIDING FOR THE MECHANICS OF IMPLEMENTATION AND FINANCING
THEREOF, AND FOR OTHER PURPOSES

I, FERDINAND E. MARCOS, President of the Philippines, by virtue of the powers vested in

me by the Constitution as Commander-in-Chief of all the Armed Forces of the Philippines and
pursuant to Proclamation No. 1081 dated September 21, 1972, and General Order No. 1, dated
September 22, 1972, do hereby decree, order and makes as part of the law of the land the
following measure:
SECTION 1. Title. — This Decree shall be known as the "Educational Development Decree of
1972."

SEC. 2. Declaration of Policy. — It is hereby declared to be the policy of the Government to

ensure, within the context of a free and democratic system maximum contribution of the
educational system to the attainment of the following national development goals:

(a) To achieve and maintain an accelerating rate of economic development and social progress;

(b) To assure the maximum participation of all the people in the attainment and enjoyment of
the benefits of such growth; and

(c) To strengthen national consciousness and promote desirable cultural values in a changing
world.

SEC. 3. Statement of Objectives. — To this end, the educational system aims to:

(a) Provide for a broad general education that will assist each individual, in the peculiar ecology
of his own society, to (1) attain his potential as a human being; (2) enhance the range and
quality of individual and group participation in the basic functions of society; and (3) acquire
the essential educational foundation for his development into a productive and versatile citizen;

(b) Train the nation's manpower in the middle level skill required for national development;

(c) Develop the high-level professions that will provide leadership for the nation, advance
knowledge through research, and apply new knowledge for improving the quality of human life;
and

(d) Respond effectively to changing needs and conditions of the nation through a system of
educational planning and evaluation.

SEC. 4. Guiding Principles of the Ten-Year Program.—In order to lay the foundation and to
advance the attainment of these objectives, a ten-year national education development program
shall be formulated based on the following:

(a) Improvement of curricular programs and quality of instruction of all levels by way of
upgrading physical facilities, adoption of cost-saving instructional technology, and training and
re-training of teachers and administrators;
(b) Upgrading of academic standards through accreditation schemes, admissions testing and
guidance counselling;

(c) Democratization of access to educational opportunities through the provision of financial

assistance to deserving students, skills training programs for out-school youth and continuing
education program for non-literate adults;

(d) Restructuring of higher education to become more responsive to national development needs
through a, planned system of incentives and assistance to both public and private colleges and
universities and synchronization of curricular programs, staffing patterns and institutional
development activities;

(e) Expansion of existing programs and establishment of new ones designed to train middle-
level technical and agricultural manpower; and

(f) Instituting reform in the educational financing system to facilitate the shift of funding
responsibility for elementary and secondary education from the national to the local
government, thereby increasing government participation in higher education.

SEC. 5. Educational Development Projects. — The above stated objectives shall be attained
through the undertaking of the following educational development projects:

(a) Management study of the Department of Education and Culture and institution of
administrative improvements therein;

(b) Establishment and/or operation or improvement of secondary schools which may include
provision for extension services, facilities and equipment to allow the use of expanded and
improved curriculum;

(c) Establishment and/or operation, upgrading or improvement of technical institutes, skills

training centers, and other non-formal training programs and projects for the out-of-school
youth and the unemployed in collaboration with the programs of the National Manpower and
Youth Council;

(d) Curriculum and staff development including mathematics and science teaching;

(e) Expansion of agricultural secondary and higher education programs and extension activities
which may include radio broadcasting and rural training services, and the provision of facilities
therefor including seed capital and revolving funds;

(f) Design, utilization and improvement of instructional technology and

development/production of textbooks and other instructional materials; and

(g) Assistance and incentives, including loans and grants, toward the planned development and
improvement of programs and facilities in both public and private universities, colleges and
schools.

In addition, other educational development projects necessary pursuant to the objectives of this
Decree are likewise to be undertaken: Provided, That for such projects to qualify under this
Decree, the same must be consistent with the principles enunciated in Section 4 hereof,
supported by sufficient studies, data and plans of operation and implementation, endorsed by
the National Board of Education to, and approved by an Education Special Committee,
hereinafter provided, to form part of the educational development program.

SEC. 6. Working Arrangements. — For the attainment of the objectives of this Decree, an
Education Special Committee, composed of the Secretary of Education and Culture as
Chairman and the Secretary of Finance and the Commissioner of the Budget as members, is
hereby created which shall;

(a) Approve and evaluate the specific-projects, endorsed to it by the National Board of
Education, to be financed out of the resources provided for in this Decree; and

(b) Administer the Educational Institutions Development Fund as hereinafter provided, except
that the resources accruing into the Fund shall be managed by reputable fund managers or
financial institutions.

The National Board of Education, as reorganized pursuant to Presidential Decree No. 1, dated
September 24, 1972, shall, in addition to its functions, perform the following:

(a) Formulate education objectives and policies consistent with those enunciated in Section 2
hereof; and

(b) Provide policy guidelines in the administration of the assistance and incentive programs
provided for in Section 5 (g) hereof, which shall include a system of educational priorities
consistent with national, regional and/or local requirements for education and skills training,
and such other procedures and requirements as will ensure the continual upgrading of the
quality of education, the rationalization and institutional growth, and the democratization of
access to education.

In the discharge of its functions, the National Board of Education shall be assisted by an office
of planning and research known as Planning Service in the Department of Education and
Culture.

A project unit to be known as the Educational Development Projects Implementing Task Force
is hereby established under the Office of the Secretary of Education and Culture to be headed
by a Director and be composed of technical staff members and such consultants as are
necessary. Its functions are:

(a) To supervise and implement foreign-assisted development projects; and

(b) To implement such other development projects as may be assigned to it by the Secretary of
Education and Culture,

Where the project involves an office, agency or instrumentality of the Government other than
the Department of Education and Culture, appropriate working arrangements shall be
established by the Educational Department Projects Implementing Task Force and the office,
agency or instrumentality concerned, including the turn over of the project upon its completion
to such office, agency or instrumentality to be integrated with and be part of the regular
activities thereof.

SEC. 7. Authority to Borrow. — The President of the Philippines, in behalf of the Republic of
the Philippines, may contract loans, credits or indebtedness with any foreign source or lender,
under such terms and conditions as may be agreed upon, any provisions of law, including
Republic Act Numbered Forty-eight hundred and sixty as amended by Republic Act Numbered
Sixty-one hundred and forty-two, Act Numbered Forty-two hundred and thirty-nine,
Commonwealth Act Numbered One hundred thirty-eight, Commonwealth Act Numbered Five
hundred forty-one, Republic Act No. 912, Republic Act Numbered Fifty-one hundred eighty-
three, and other related laws to the contrary notwithstanding, for a total amount not exceeding
one hundred million United States dollars or the equivalent thereof in other currencies, as may
be necessary to meet the direct and indirect foreign exchange requirements of the projects
authorized under this Decree, to cover the costs of feasibility studies, equipment, machineries,
supplies, construction, installation and related services of any such projects: Provided, That the
loans, credit or indebtedness authorized herein shall be incurred on terms of payment of not less
than ten (10) years.

SEC. 8. Utilization of Proceeds. — The proceeds of such loans, credits or indebtedness, as well
as the appropriations under Section 9 hereof, shall be used exclusively for financing the
educational development projects authorized under this Decree: Provided, That for the purpose
of ensuring continued assistance to the planned development and improvement of programs and
facilities in both public and private universities, colleges and schools, there is hereby authorized
to be established an Educational Institutions Development Fund in an amount of not less than
ten million pesos (P10,000,00), Philippine currency, annually for a period of ten (10) years. The
said Fund shall be administered as a separate fund, and lending or relending operations to
private universities, colleges and schools shall be subject to the rules and regulations to be
promulgated by the National Board of Education with the approval of the Secretary of Finance.

Cities, provinces and municipalities may undertake educational development projects pursuant
to the objectives of this Decree and are hereby authorized to avail themselves of proceeds of
loans, credits or indebtedness herein authorized as well as the appropriations under Section 9
hereof and receive financial assistance subject to such conditions as may be provided for and/or
promulgated by the National Board of Education pursuant to this Decree.

SEC. 9. Appropriations. — In addition to the proceeds of the loans credits or indebtedness

mentioned in Section 7 hereof, there is hereby appropriated for the projects authorized herein in
the sum of five hundred million pesos (P500,000,000) out of the funds in the National Treasury
not otherwise appropriated which shall be programmed and released in the following manner:
fifty million pesos (P50,000,000) for Fiscal Year 1972-73 and fifty million pesos (P50,000,000)
annually thereafter until June thirty, nineteen hundred eighty-two: Provided, That
notwithstanding the said schedule releases in i given year shall be adjusted in accordance with
the actual requirements of the projects being implemented during said fiscal year: Provided,
further, That should there be any surplus in the annual appropriations herein provided, the same
shall accrue to the Educational Special Account herein created in the General Fund which shall
be made available to finance the projects during the subsequent fiscal years.

SEC. 10. Creation of Educational Special Account. — There is hereby established in the
National Treasury an Educational Special Account to meet the appropriations herein provided,
which shall be constituted from the following sources:
(a) Proceeds from bond issues as provided for under Section 11 of this Decree;

(b) Twenty million pesos (P20,000,000) annually from the share of the National Government in
the Special Education Fund under Republic Act Numbered Fifty-four hundred forty-seven as
provided in Section 12 hereof;

(c) Fifteen million pesos (P15,000,000) from the Special Science Fund for Fiscal Year 1972-73,
and fifty per centum (50%), annually thereafter until June 30, 1972, of the total annual receipts
from the taxes provided for under Republic Act Numbered Fifty-four forty-eight, as provided in
Section 13 hereof;

(d) Future savings of the Department of Education and Culture that may result from the
implementation of reforms consequent to management study, as provided in Section 14 hereof;
and

(e) Augmentations from the General Funds which are hereby authorized in cases where the
above sources are not sufficient to cover expenditures required in any year, as provided in
Section 15 of this Act.

The Department of Education and Culture is hereby authorized to receive and spend or utilize
donations and/or bequests made in pursuance of the purposes and for projects enunciated in this
Decree which donations and/or bequest shall be exempt from the payment of gift taxes,

SEC. 11. Bond Issues. — The Secretary of Finance may issue and sell bonds not exceeding
twenty million pesos annually under the authority of Republic Act Numbered Four thousand
eight hundred sixty-one, any provision of law to the contrary notwithstanding.

SEC. 12. Portions of the Special Education Fund. — Any provision of the law to the contrary
notwithstanding, effective July 1, 1972, until June 30, 1982, twenty million pesos
(P20,000,000) of the annual share of the National Government from the Special

Education Fund provided for under Republic Act Numbered Fifty-four hundred and forty-seven
shall accrue to the Educational Special Account herein provided. Thereafter, the said share shall
accrue to the General Fund.

In this connection, the shares of the local governments from the said Fund may be used by them
to finance such projects as may be established in their locality under the authority of this Decree
regardless of any restrictions imposed thereon.

SEC. 13. Portion of Special Science Fund. — Any provision of law to the contrary
notwithstanding, effective upon approval of this Decree, fifteen million pesos (P15,000,000) of
the Special Science Fund established under Republic Act Numbered fifty-four hundred and
forty-eight as amended is hereby transferred to the Educational Special Account herein
provided. Starting July 1, 1972, until June 30, 1982, fifty per centum (50%) of the total
collections from the taxes imposed under Republic Act Numbered fifty-four hundred and forty-
eight as amended shall accrue to the Educational Special Account. Thereafter, said portion shall
accrue to the General Fund.
SEC. 14. Future Savings. — Such amount of savings resulting from the implementation of
reforms consequent to the management study authorized under Section 5 as may be necessary to
prosecute the projects under this Decree shall accrue to the Educational Special Account.

SEC. 15. Augmentation from General Fund. — In cases where funds from sources specified in
Section 10 (a), (b), (c), and (d), are not sufficient to meet the requirements in any fiscal year,
such amounts as are necessary to meet such requirements are hereby appropriated out of the
funds in the General Funds not otherwise appropriated, and transferred to the Education Special
Account.

SEC. 16. Tax Exemption. — The loans, credits or indebtedness incurred pursuant to this
Decree, the payment of the principal, interest and other charges thereon, the earnings of the
fund created under Section 8, as well as the importation of articles, materials, equipment,
machineries and supplies, including all building materials by the Department of Education and
Culture or other offices, agencies or instrumentalities of the Government and by private or
chartered entities authorized by Education Special Committee to undertake the projects
authorized in this Act shall be exempt from all taxes, duties, fees, imposts, other charges and
restrictions, including import restrictions, imposed by the Republic of the Philippines or any of
its agencies or political subdivisions. The Secretary of Finance shall promulgate rules and
regulations necessary for the purpose.

SEC. 17. Additional Appropriations. — There is hereby authorized to be appropriated, out of

any funds in the National Treasury not otherwise appropriated, such sums as may be necessary
to pay the principal, interests and other charges on the loans, credits or indebtedness incurred
under the authority of this Decree as and when they become due.

SEC. 18. Repealing Clause. — All laws, executive orders, rules or regulations or parts thereof
which are inconsistent with this Decree are hereby repealed and/or modified accordingly.

SEC. 19. Effectivity. — This Decree shall take effect immediately.

Done in the City of Manila, this 29th day of September, in the year of Our Lord, nineteen
hundred and seventy-two.

(Sgd.) FERDINAND E. MARCOS

President
Republic of the Philippines

By the President:

(Sgd.) ROBERTO V. REYES

Acting Executive Secretary

Lesson 8. Batas Pambansa Blg. 232

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 educational system.

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 the benefits of education 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 career prospects.
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:

1. "Parents" or guardians or the head of the institution or foster home which has custody of the
pupil or student.

2. "Students," or those enrolled in and who regularly attend and educational institution of
secondary or higher level of a person engaged in formal study. "Pupils," are those who regularly
attend a school of elementary level under the supervision and tutelage of a teacher.

3 "School personnel," or all persons working for an educational institution, which includes the
following:

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 educational operations.

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 chose their field of study subject to existing curricula and to continue their
course therein up to graduation, except in cases of academic deficiency, or violation of
disciplinary regulations.

3. The right to school guidance and counseling services for decisions and selecting the
alternatives in fields of work suited to his potentialities.

4. The right of access to his own school records, the confidentiality of which the school shall
maintain and preserve.

5. The right to the issuance of official certificates, diplomas, transcript of records, grades,
transfer credentials and other similar documents within thirty days from request.

6. The right to publish a student newspaper and similar publications, as well as the right to
invite resource persons during assemblies, symposia and other activities of similar nature.

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 the school or
institution.

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 therefor, conformably to
existing law.

2. The right to intellectual property consistent with applicable laws.

3. Teachers shall be deemed persons in authority when in the discharge of lawful duties and
responsibilities, and shall, therefore, be accorded due respect and protection.

4. Teachers shall be accorded the opportunity to choose alternative career lines either in school
administration, in classroom teaching, or others, for purposes of career advancement.

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, schools shall
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 asset to 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 academic responsibilities and moral 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 with the
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 non-academic

staff on their actual performance in relation to their expected performance and counsel them on
ways of improving the same.

6. Observe due process, fairness, promptness, privacy, constructiveness and consistency in

disciplining his teachers and other personnel.

7. Maintain adequate records and submit required reports to the Ministry of Education, Culture
and Sports.

Section 18. Obligations of Academic Non-Teaching Personnel - Academic non-teaching

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 to the 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 a degree 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 tertiary schooling.

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 Schools

Section 25. Establishment of Schools - All schools shall be established in accordance with law.
The establishment of new national schools and the conversion of existing schools from
elementary to national secondary or tertiary schools shall be by law: Provided, That any private
school proposed to be established must incorporate as an non-stock educational corporation in
accordance with the provisions of the Corporation Code of the Philippines. This requirement to
incorporate may be waived in the case of family-administered pre-school institutions.
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 by private

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 recognition and for
its cancellation and withdrawal, and providing 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 administrative functions, subject to limitations
provided by law.

Each school establish such arrangements for the peaceful settlement of disputes between or
among the members of the educational community.

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 orderly settlement of provisions of Articles 262 and 263 of the
Labor Code.

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 measures.

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 of national 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 of Education, 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, 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 the need 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 Batasang Pambansa. - The Minister of Education, Culture and Sports
shall make an annual report to the Batasang Pambansa on the implementation of the national
basic education plan, the current condition of the education programs, the adequacy or
deficiency of the appropriations and status of expenditures, the impact of education on the
different regions, the growth of enrollment, the adequacy of academic facilities, the
concentration of low income groups, or the supply of teaching and non-teaching personnel, with
such comments and appropriate recommendations thirty (30) days before the opening of its
regular session.

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 national and 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 the following
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; and

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 vocational-technical 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 is committed by a school corporation, the school head together with the person or
persons responsible for the offense or violation shall be equally liable.

Section 69. Administrative Sanction - The Minister of Education, Culture and Sports may
prescribe and impose such administrative sanction as he may deem reasonable and appropriate
in the implementing rules and regulations promulgated pursuant to this Act for any of the
following causes:

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 its implementing
rules and regulations; and

5. Unauthorized operation of a school or course, or any component thereof, or any violation of

the requirement governing advertisements or announcements of educational institutions.
Sanctions against the schools shall be without prejudice to the interest of the students, teachers
and employees.

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 promulgate 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.

Lesson 9. UNESCO

The United Nations Educational Scientific and Cultural Organization (UNESCO) is an agency
within the United Nations that is responsible for promoting peace, social justice, human rights
and international security through international cooperation on educational, science, and
cultural programs. It is based in Paris, France and has over 50 field offices located around the
world.

Today, UNESCO has five major themes to its programs which include 1) education, 2) natural
sciences, 3) social and human sciences, 4) culture, and 5) communication and information.
UNESCO is also actively working to achieve the United Nations' Millennium Development
Goals but it is focused on achieving the goals of significantly reducing extreme poverty in
developing countries, developing a program for universal primary education in all countries,
eliminating gender inequalities in primary and secondary education, promoting sustainable
development and reducing the loss of environmental resources.

History of UNESCO
When that conference began in 1945 (shortly after the United Nations officially came into
existence), there were 44 participating countries whose delegates decided to create an
organization that would promote a culture of peace, establish an "intellectual and moral
solidarity of mankind," and prevent another world war. When the conference ended on
November 16, 1945, 37 of the participating countries founded UNESCO with the Constitution
of UNESCO.

After ratification, the Constitution of UNESCO came into effect on November 4, 1946. The
first official General Conference of UNESCO was then held in Paris from November 19-
December 10, 1946 with representatives from 30 countries. Since then, UNESCO has grown in
significance across the globe and its number of participating member states has grown to 195
(there are 193 members of the United Nations but the Cook Islands and Palestine are also
members of UNESCO).

UNESCO's Structure Today

The Director General is another branch of UNESCO and is the executive head of the
organization. Since UNESCO's founding in 1946, there have been 11 Director Generals. The
first was the United Kingdom's Julian Huxley who served from 1946-1948. The current
Director General is Audrey Azoulay from France. She has been serving since 2017. The final
branch of UNESCO is the Secretariat. It is composed of civil servants who are based in
UNESCO's Paris headquarters and also in field offices around the world. The Secretariat is
responsible for implementing UNESCO's policies, maintaining outside relationships, and
strengthening UNESCO's presence and actions worldwide.

Themes of UNESCO
Natural sciences and the management of Earth's resources is another UNESCO field of action.
It includes protecting water and water quality, the ocean, and promoting science and
engineering technologies to achieve sustainable development in developed and developing
countries, resource management and disaster preparedness.

Social and human sciences is another UNESCO theme and promotes basic human rights and
focuses on global issues like fighting discrimination and racism.

Culture is another closely related UNESCO theme that promotes cultural acceptance but also
the maintenance of cultural diversity, as well as the protection of cultural heritage.

Finally, communication and information is the last UNESCO theme. It includes the "free flow
of ideas by word and image" to build a worldwide community of shared knowledge and
empower people through access to information and knowledge about different subject areas.

In addition to the five themes, UNESCO also has special themes or fields of action that require
a multidisciplinary approach as they do not fit into one distinct theme. Some of these fields
include Climate Change, Gender Equality, Languages and Multilingualism, and Education for
Sustainable Development.

One of UNESCO's most famous special themes is its World Heritage Center which identifies
cultural, natural and mixed sites to be protected all over the world in an effort to promote the
maintenance of cultural, historic and/or natural heritage in those places for others to see. These
include the Pyramids of Giza, Australia's Great Barrier Reef and Peru's Machu Picchu.
 CHAPTER 5
BECOMING A PROFESSIONAL TEACHER

There are fundamental requirements to meet o become a professional teacher. One has
to graduate a teacher education degree, pass the professional board examination for teachers,
officially called the Licensure Examination for Teachers (LET), join professional organizations
and abide by the Code of Ethics for Professional Teachers. In addition, teachers must
continuously grow in the profession by undertaking continuing professional development
activities.

So the most embodied topic being discussed in this chapter is the Code Ethics for
Professional Teachers. It is very important that teachers emulate the desired high moral values
and characters as well as the possession of what is right and wrong. It is pointed out that
teachers must set an objective inside the class as called as the “affective domain”. The values,
behaviors, attitudes, and as well as the good conduct of moral character. In the teaching
profession it is very important that teachers are the good influential model inside the classroom.
They must portray pleasant and acceptable values and ethics as learners perceived it. I’m not
saying that we must greatly focused to the affective domain but rather to consider this as an
important ingredient for holistic development. In this modern times, it is not so important that
you are an intelligent teacher but rather a skillful and who employs a high degree of morality in
teaching and even outside the profession. The one who becomes the “set” inspiration of each
learners and even in the community that will result to pursue a better change for the continuous
improvement of the society.

The Code of Ethics for Teachers become the basis of all teachers in terms of their
desired teaching performance as well as pertaining to their holistic development. This will
really help me to become a professional teacher. I will be more informed about the right actions
of a teacher in different aspects like in the community, as a person, as a professional teacher,
towards learners and parents, and as well as to the state.

Lesson 1. REPUBLIC ACT NO. 4670 THE MAGNA CARTA FOR PUBLIC SCHOOL
TEACHERS

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 favourably 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 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. REPUBLIC ACT NO.4670 The Magna Carta for
Public School Teachers
4. I. DECLARATION OF POLICY COVERAGE Section 2. Title- Definition REPUBLIC ACT
NO.4670 The Magna Carta for Public School Teachers 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 counsellors, 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.
5. II. RECRUITMENT AND CAREER Section 3. Recruitment and Qualification REPUBLIC
ACT NO.4670 The Magna Carta for Public School Teachers 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, Bachelor’s degree in Elementary Education (B.S.E.ED.)
(b) For teachers in the secondary schools, Bachelor’s degree in Education or its equivalent with
a major and a minor; or a Bachelor’s degree in Arts or Science with at least eighteen
professional units in Education. (c) For teachers of secondary vocational and two years
technical courses, Bachelor’s 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 master’s degree with a specific area of specialization.

II. RECRUITMENT AND CAREER REPUBLIC ACT NO.4670

The Magna Carta for Public School Teachers 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: And provided, finally, That the results of the examinations shall be made public
and every applicant shall be furnished with his score and rank in said examinations.
II. RECRUITMENT AND CAREER
Section 4. Probationary Period REPUBLIC ACT NO.4670 The Magna Carta for
Public School Teachers 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 were, 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.

II. RECRUITMENT AND CAREER

Section 5. Tenure of Office REPUBLIC ACT NO.4670 The Magna Carta for Public
School Teachers 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.

II. RECRUITMENT AND CAREER

Section 6. Consent for Transfer- Transportation Expenses REPUBLIC ACT NO.4670
The Magna Carta for Public School Teachers 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 effected by the school superintendent who shall previously notify the teacher
concerned of the transfer and the reason or reasons therefor. If the teacher believes there is no
justification for 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 the decision
thereon, his transfer shall be held in abeyance: Provided, however, That no transfers 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.

II. RECRUITMENT AND CAREER

Section 7. Code of Professional Conduct for Teachers REPUBLIC ACT NO.4670 The
Magna Carta for Public School Teachers . Within six months from the approval of this Act, the
Secretary of Education shall formulate and prepare 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.

II. RECRUITMENT AND CAREER

Section 8. Safeguards in Disciplinary Procedure REPUBLIC ACT NO.4670 The
Magna Carta for Public School Teachers 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 authorities. No publicity shall be given to any disciplinary action being taken against
a teacher during the pendency of his case.

II. RECRUITMENT AND CAREER

Section 9. Administrative Charges REPUBLIC ACT NO.4670 The Magna Carta for
Public School Teachers 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 the 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 teacher's organization and a 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 days from the termination of
the hearings: Provided, however, That where the school superintendent is the complainant or an
interested party, all the members of the committee shall be appointed by the Secretary of
Education.

II. RECRUITMENT AND CAREER

 Section 10. No Discrimination REPUBLIC ACT NO.4670 The Magna Carta for
Public School Teachers There shall be no discrimination whatsoever in entrance to the teaching
profession, or during its exercise, or in the termination of services, based on 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 REPUBLIC ACT NO.4670 The Magna Carta for Public School
Teachers Any teacher engaged in actual classroom instruction shall not be required to render
more than six hours of actual classroom teaching a day, which shall be so scheduled as to give
him time for the preparation and correction of exercises and other work 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 per cent of his basic pay.
III. HOURS OF WORK AND REMUNERATION
Section 14. Additional Compensation REPUBLIC ACT NO.4670 The Magna Carta for
Public School Teachers Notwithstanding any provision of existing law to the contrary, co-
curricula and out of school activities and any other 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 the 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 work performed in excess of eight hours a day shall be paid an
additional compensation of at least twenty-five per cent of their 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.

III. HOURS OF WORK AND REMUNERATION

Section 15. Criteria for Salaries REPUBLIC ACT NO.4670 The Magna Carta for
Public School Teachers (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 profession 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.

III. HOURS OF WORK AND REMUNERATION

Section 16. Salary Scale REPUBLIC ACT NO.4670 The Magna Carta for Public
School Teachers Salary scales of teachers shall provide for a gradual progression from a
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 scales 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.

III. HOURS OF WORK AND REMUNERATION

Section 18. Cost of Living Allowance REPUBLIC ACT NO.4670 The Magna Carta
for Public School Teachers Teacher's salaries shall, at the very least, keep pace with the rise in
the cost of living by the payment of a cost-of-living allowance which shall automatically follow
changes in a cost-of- living index. The Secretary of Education shall, in consultation with the
proper government entities, recommend to Congress, at least annually, the appropriation of the
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.

III. HOURS OF WORK AND REMUNERATION

Section 19. Special Hardship Allowances REPUBLIC ACT NO.4670 The Magna
Carta for Public School Teachers 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 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 treasurer's office or any banking institutions operating under the laws of the
Republic of the Philippines.

III. HOURS OF WORK AND REMUNERATION

Section 21. Deductions Prohibited REPUBLIC ACT NO.4670 The Magna Carta for
Public School Teachers No person shall make 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 REPUBLIC ACT NO.4670 The
Magna Carta for Public School Teachers Compulsory medical examination shall be provided
free of charge for all teachers before they take up teaching, and shall be repeated not less than
once a year during the teacher's professional life. Where medical examination show 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.

IV. HEALTH MEASURES AND INJURY BENEFITS

 Section 23. Compensation For Injuries REPUBLIC ACT NO.4670 The Magna Carta
for Public School Teachers 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 teacher's health shall be recognized as a compensable occupational disease in
accordance with existing laws.

V. LEAVE AND RETIREMENT BENEFITS

Section 24. Study Leave REPUBLIC ACT NO.4670 The Magna Carta for Public
School Teachers 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 per
cent of their monthly salary: Provided, however, That no teacher shall be allowed to accumulate
more than one year study leave, unless he needs 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 per cent of his courses. Study leave of more than one year may
be permitted by the Secretary of Education but without compensation.

V. LEAVE AND RETIREMENT BENEFITS

Section 25. Indefinite Leave REPUBLIC ACT NO.4670 The Magna Carta for Public
School Teachers 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. TEACHER'S ORGANIZATION

Section 27. Freedom to Organize REPUBLIC ACT NO.4670 The Magna Carta for
Public School Teachers 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.

VI. TEACHER'S ORGANIZATION

Section 28. Discrimination Against Teachers Prohibited REPUBLIC ACT NO.4670
The Magna Carta for Public School Teachers The rights 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 a teacher subject to the condition that he shall not join an
organization, or shall relinquish membership in an organization,
(b) to 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) to 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.
 VI. TEACHER'S ORGANIZATION
Section 29. National Teacher's Organizations REPUBLIC ACT NO.4670 The Magna
Carta for Public School Teachers 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 REPUBLIC ACT NO.4670 The Magna Carta for
Public School Teachers 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 a 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 the necessary 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.

VII. ADMINISTRATION AND ENFORCEMENT S

ection 32. Penal Provision REPUBLIC ACT NO.4670 The Magna Carta for Public
School Teachers A person who shall willfully interfere with, restrain or coerce any teacher in
the exercise of his rights guaranteed by this Act or who shall in any other 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.

VII. ADMINISTRATION AND ENFORCEMENT

Section 33. Repealing Clause REPUBLIC ACT NO.4670 The Magna Carta for Public
School Teachers 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 in effect.
Section

This Act shall take effect upon its approval. Approved: June 18, 1966

REPUBLIC ACT NO.4670 The Magna Carta for Public School Teachers
(Sgd.)ARTURO M. TOLENTINO President
This Act, which originated in the Senate, was finally passed by the same on May 19, 1966.
(Sgd.)CORNELIO T. VILLAREAL
Speaker of the House of Representatives Finally passed by the House of Representatives on
May 19, 1966
(Sgd.)REGINO S. EUSTAQUIO S
ecretary of the Senate
(Sgd.)INOCENCIO S. PAREJA S
ecretary of the House of Representatives Approved:
(Sgd.)FERDINAND E. MARCOS
 President of the Philippines June 18, 1966

Lesson 2. Presidential Decree No.1006

PROVIDING FOR THE PROFESSIONALIZATION OF TEACHERS, REGULATING

THEIR PRACTICE IN THE PHILIPPINES AND FOR OTHER PURPOSES.

WHEREAS, the Constitution provides that “All educational institutions shall be under the
supervision of; and subject to regulation by, the State”, and requires that “the State shall
establish and maintain a complete, adequate and integrated system of education relevant to the
goals of national development”;

WHEREAS, in the pursuit on these objectives, the Department of Education and Culture has
adopted ways and means of overseeing all the educational institutions in the country;

WHEREAS, this supervisory function of the DEC has been primarily beamed towards insuring
that the educational institutions inculcate in the studentry love of the country, teach the duties of
citizenship, and develop moral character, personal discipline, and scientific, technological and
vocational efficiency;

WHEREAS, to implement these objectives, the institutions have relied upon their teachers
whose direct and continuing interaction with the young people and the children make them
potent forces for the development of proper attitudes among the citizenry;

WHEREAS, this accounts for the tremendous growth of the teaching population, comprising in
the civil service sector alone more than 300,000 teachers deployed all over the country;

WHEREAS, to insure that in the immediacy and urgency of teacher recruitment qualitative
requirements are not overlooked, it has become necessary to regulate the teaching profession;

WHEREAS, although teaching requires a number of years of collegiate study, it is the only
course that it is not yet considered a profession;

WHEREAS, in recognition of the vital role of teachers in nation-building and as an incentive to

raise the morale of teachers, it is imperative that they be considered as professionals and
teaching be recognized as a profession.

NOW, THEREFORE, I, FERDINAND E. MARCOS, President of the Philippines, by virtue of

the powers vested in me by the Constitution, do hereby decree and order:

Section 1. Title. This Decree shall be known as the Decree Professionalizing Teaching.

Section 2. Declaration of Policy. It is hereby declared a policy that teacher education shall be
given primary concern and attention by the government and shall be of the highest quality, and
strongly oriented to Philippine conditions and to the needs and aspirations of the Filipino people
even as it seeks enrichment from adoptable ideas and practices of other people.
Section 3. Definition of Terms. As used in this Decree, the following shall be construed as
follows:

(a) Teaching refers to the profession primarily concerned with the classroom instruction, at the
elementary and secondary levels, in accordance with the curriculum prescribed by National
Board of Education, whether on part-time or full-time basis in the public or private schools.

(b) Teachers refers to all persons engaged in teaching at the elementary and secondary levels,
whether on a full-time or part-time basis, including guidance counselors, school librarians,
industrial arts or vocational teachers and all other persons performing supervisory and/or
administrative functions in all schools in the aforesaid levels and legally qualified to practice
teaching under this Decree.

(c) Board refers to the National Board for Teachers duly constituted under this Decree.

Section 4. Creation of the National Board for Teachers. There is hereby created a National
Board for Teachers, hereinafter called the Board, to be composed of the following:

1) Secretary of Education and Culture Co-Chairman

2) Chairman, Civil Service Commission
3) Commissioner, Professional Regulations Commission Member
4) Two members representing the private sector to be appointed by the President
Section 5. Powers and Duties. The Board shall have the following powers and duties:

(a) Appoint a set of examiners for every examination who will determine and prepare the
contents of the Board examination for teachers, hereinafter referred to as examination, in the
elementary and secondary levels of instruction, to be held at least once a year;

(b) Determine and fix the places and dates of examination, appoint supervisors and room
examiners from among the employees of the Government who shall be entitled to a daily
allowance to be fixed by the Board for every examination day actually attended, use the
buildings and facilities of public and private schools for examination purposes, approve
applications to take examination, and approve the release of examination results;

(c) Look from time to time into the conditions affecting the practice of the teaching profession,
adopt such measures as may be deemed proper for the enhancement of said profession, and/or
maintenance of the professional standards and ethics;

(d) Issue, suspend, revoke, replace or reissue Professional Teachers Certificate, and administer
oaths;

(e) Appoint, subject to the provisions of existing laws, such officials and employees as are
necessary in the effective performance of its functions and responsibilities, prescribe their
duties and fix their compensation;

(f) Prescribe and collect examination and other fees as it may deem proper; and

(g) Promulgate rules and regulations, and exercise such other powers, functions and duties as
may be necessary to carry into effect the purposes of this Decree.
Section 6. Qualification requirements for examination applicants. No applicant shall be
admitted to take the examination unless, on the date of filing of the application, he shall have
complied with the following requirements:

(a) Except those who have been engaged in teaching as herein defined for at least five years in
schools in the Philippines not organized exclusively for nationals of a foreign country at the
time of the effectivity of this Decree, the applicant must be a citizen of the Philippines;

(b) That he is of good moral character;

(c) That he is free from any physical and/or mental defect which will incapacitate him to render
efficient service; and

(d) That he possesses the following minimum educational qualifications:

1) For teachers in the kindergarten and elementary grades, Bachelor’s degree in Elementary
Education (B.S.E.Ed.) or its equivalent;

2) For teachers of the secondary schools, Bachelor’s degree in Education or its equivalent with
a major and minor, or a Bachelor’s degree in Arts or Sciences with at least eighteen units in
professional education; and

3) For teachers of secondary vocational and two-year technical courses, Bachelor’s degree in
the field of specialization with at least eighteen units in professional education.

All applications shall be filed with an office or offices designated by the Board, preferably the
offices of the Civil Service Commission and the Department of Education and Culture.

These offices shall screen and approve such applications and issue the corresponding permits to
take the examination to qualify applicants.

Section 7. Appointment of examiners. The Board shall appoint a set of examiners for every
examination who are recognized authority in teacher education, and their names shall not be
disclosed until after the release of the results of the examination. They shall each receive as
compensation the sum of not less than P5.00 for each examinee as may be determined by the
Board but in no case shall each examiner receive more than P18,000 per examination. Any
examiner who is in the service of the Government shall receive the compensation herein
provided in addition to his salary.

Section 8. Scope of the examination. The examination shall consist of written tests, the scope of
which shall be determined by the Board, taking into consideration the teaching plan of the
schools legally constituted in the Philippines.

Section 9. Ratings in the examination. In order that a candidate may be deemed to have
successfully passed the examinations, he must have obtained a general average of at least 70 per
cent in all subjects, with no rating below 50 per cent in any subject.
Section 10. Report of the results of examination. The examiners shall report the ratings obtained
by each candidate to the Board within 150 days after the last day of the examination, unless
extended by the latter.

Section 11. Issuance of Certificates. Teachers who have passed examinations given by the Civil
Service Commission or jointly by the Civil Service Commission and the Department of
Education and Culture shall be considered as having passed the board examinations for
teachers. The Board may consider their certificates of rating as certificates of eligibility or issue
an entirely new certificate upon registration of the teacher and payment of the corresponding
fees.

This provision shall likewise apply to those teachers who have permanent appointment under
the Magna Carta For Public School Teachers and all others who may be qualified for
registration as professional teachers under this Decree.

Section 12. Registration. The Civil Service Commission shall, as an arm of the Board, register
holders of Professional Teacher Certificate which registration shall evidence that the registrant
is entitled to all the rights and privileges of a Professional Teacher until and unless the
certificate is suspended or canceled by the Board for just cause.

Section 13. Reissuance of revoked certificates and replacement of lost certificates. The Board
may, for reason of equity and justice, and upon proper application therefor, issue another copy,
original or duplicate, upon payment of the required fee, of a certificate which has been revoked.
A new certificate to replace a lost, destroyed or mutilated certificate may be issued subject to
the rules of the Board.

Section 14. Registration by reciprocity. The Civil Service Commission shall, upon approval of
the Board, effect the registration, without examination, of a teacher validly registered under the
laws of any foreign state or country; Provided, That the requirements for registration in said
foreign state or country are substantially the same as those required and contemplated by this
Decree, and the laws of such foreign state or country allow citizens of the Philippines to
practice the profession on the same basis and grant the same privileges as the citizens or
subjects of such foreign state or country; Provided finally, That the applicant shall submit
competent and conclusive documentary evidence, confirmed by the Department of Foreign
Affairs, showing that his country’s existing laws permit citizens of the Philippines to practice
teaching profession under the rules and regulations governing citizens thereof.

Section 15. Prohibition. Three years after the effectivity of this Decree, no person shall engage
in teaching and/or act as a teacher as defined in this Decree, whether in the public or private
elementary or secondary school, unless he is holder of a Professional Teacher Certificate or is
considered a Professional Teacher under this Decree.

Section 16. Penal Provision. Any person who shall practice the teaching without a valid
Professional Teacher Certificate, or any person presenting as his or her own the certificate of
another, or any person giving any false or forged evidence in order to obtain a Professional
Teacher Certificate or admission to an examination, or any person assuming himself as a
registered professional teacher or any person violating any provision of this Decree shall be
penalized by a fine of not less than One Thousand Pesos nor more than Five Thousand Pesos
with subsidiary imprisonment or to suffer an imprisonment of not less than six months nor more
than two years, or both such fine and imprisonment at the discretion of the Court.
Section 17. Repealing Clause. All Acts, Decrees, Executive Orders, Administrative Orders,
rules and regulations or parts thereof inconsistent with the provisions of this Decree are hereby
repealed or modified accordingly.

Section 18. Separability Clause. In case any provision of this Decree or any portion thereof is
declared unconstitutional by a competent court, other provisions shall not be affected thereby.

Section 19. Effectivity. This Decree shall take effect January 1, 1977.

DONE in the City of Manila, this 22nd day of September, in the year of Our Lord, nineteen
hundred and seventy-six.

(Sgd.) FERDINAND E. MARCOS

President of the Philippines

By the President:

(Sgd.) JACOBO C. CLAVE

Presidential Executive Assistant

Source: Malacañang Records Office

Lesson 3. Republic Act No. 7836

Philippine Teachers Professionalization Act of 1994

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.

REPUBLIC ACT NO. 7836

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.

ARTICLE I
TITLE

SECTION 1. Short Title. — This Act shall be known as the "Philippine Teachers
Professionalization Act of 1994."
Sec. 2. Statement of Policy. — The State recognizes the vital role of teachers in nation-building
and development through a responsible and literate citizenry.Towards this end, the 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.cralaw

Sec. 3. Objectives. — This Act has the herein objectives:

(a) The promotion, development and professionalization of teachers and the teaching
profession; and
chan robles virtual law library
(b) The supervision and regulation of the licensure examination.

Sec. 4. Definition of Terms. — For purposes of this Act, the following terms shall
mean:chanroblesvirtualawlibrary

(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.
chan robles virtual law library
(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 for Professional Teachers duly established and constituted
under this Act.

(d) "Commission" — refers to the Professional Regulation Commission.

ARTICLE II
BOARD FOR PROFESSIONAL TEACHERS
Sec. 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, composed of five (5) members who shall be
appointed by the President of the Philippines from among the recommendees chosen by the
Commission.The recommendees shall be chosen from the list of nominees selected by the
accredited association of teachers, who duly possess all the qualifications prescribed in Section
8 of this Act.

The chairman and the voice-chairman of the Board shall be appointed from these five (5)
members by the President: Provided, That the members of the first 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.

Sec. 6. Duties and Function 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;
chan robles virtual law library
(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 or
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 deem 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 professional teachers in the
Philippines;

(h) Adopt an official seal of the Board;cralaw

(i) Look into the conditions affecting the practice of the teaching profession and whenever
necessary, adopt such measures 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 ethical 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 duces tecum to secure the appearance of witnesses
and the production of 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 of
education in the Philippines.

Sec. 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 be 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.

Sec. 8. Qualification of Board Members. — Each Board member must at the time of his
appointment:

(a) Be a citizen and resident of the Philippines;

chan robles virtual law library
(b) Be at least thirty-five (35) years of age, of proven integrity, and possessed of high moral
values in his personal as well as professional conduct and has not been convicted of any offense
involving moral turpitude;
(c) Be a holder of the degree of Bachelor of Arts or Bachelor of Science in Education and
preferably a holder of a master's or 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 compose the first Board for Professional Teachers;

(e) Has been a professional teacher in the active practice of the teaching profession for at least
ten (10) years in the elementary and secondary level; and

(f) Not be an official or member of the faculty of, nor have pecuniary interest in any university,
college, school, or institution conferring a bachelor's 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.

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Sec. 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.

Sec. 10. 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, examination papers and results, minutes of deliberation, administrative cases and
investigative cases and investigations involving professional teachers shall be kept by the
Commission.

Sec. 11. Secretariat and Support Services. — The Professional Regulation Commission, through
its chairman, shall provide the secretariat and other support services to implement effectively
the provisions of this Act.cralaw
Sec. 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
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 a proper administrative investigation.

In the course of investigation, the President may preventively suspend the respondent.

ARTICLE III
EXAMINATION AND REGISTRATION

Sec. 13. Examination, Registration and License Required. — Except as otherwise specifically
allowed under the provisions 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 of 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.

Sec. 14. Scope of Examination. — The examinations 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.

Sec. 15. Qualification Requirements of Applicants. — No applicant shall be admitted to take

the examination unless, on the date of filing of the application, he shall have complied 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;
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(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 preschool, a bachelor's degree in early childhood education (BECED) or its
equivalent;
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(2) For teachers in the elementary grades, a bachelor's degree in elementary education (BSEED)
or its equivalent;
(3) For teachers in the secondary grades, a bachelor's degree in education or its equivalent with
a major and minor, or a bachelor's degree in arts and sciences with at least ten (10) units in
professional education; and

(4) For teachers of vocational and two-year technical courses, a bachelor's degree in the field of
specialization or its equivalent, with at least eighteen (18) units in professional education.

Sec. 16. Report of the Results of the Examination. — The Board 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.

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Sec. 17. Issuance of Certificate of Registration and Professional License. — The registration of
a professional teacher commences from the date his name is enrolled in the roster of
professional teachers.

Every registrant who has satisfactorily met all the requirements specified in this Act shall, upon
payment of the 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 members 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.cralaw

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 the expiration of its validity.

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

Sec. 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
(5) years as basis for merit promotion. In taking this examination, no fee shall be required.

Sec. 20. Failure to Pass the Merit Examination. — If a teacher fails to pass the merit
examination, he or she shall be allowed to take the examination for a second time. Should he or
she fail to pass the merit examination for the second time, then he or she shall be required to
take a DECS accredited refresher course or program before being allowed to retake the
examination.

Failure of any permanent teacher to pass the merit examination shall not, however, be used as a
ground for his/her dismissal or demotion.
Sec. 21. Incentives. — Teachers who pass the merit examination shall:

(a) Be awarded a diploma of merit by the Board;

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(b) Earn merit points for purposes of promotion in salary or to a higher position or 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.

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Sec. 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 members of the
said integrated organization 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 teachers 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.

Sec. 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 a holder thereof who
is exempt from registration, for any of the following causes:

(a) Conviction for any criminal offense by a court of competent jurisdiction;

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(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 or perpetration of any fraud or deceit in obtaining a certificate of registration,
professional license or special/temporary permit;

(f) Chronic inebriety or habitual use of drugs;cralaw

(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 the regional
trial court of the place where the Board holds office within fifteen (15) days from receipt of the
said decision or of the denial of the motion for reconsideration filed in due time.

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Sec. 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
privileges provided under this Act; unless the country or state of which he is a 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 with 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.

Sec. 25. Roster of Professional Teachers. — A roster of professional teachers containing the
names and addresses 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 professional teachers.

Sec. 26. Registration and Exception. — Two (2) years after the effectivity of this Act, no person
shall engage in teaching and/or act as a professional teacher as defined in this Act, whether in
the preschool, elementary or secondary level, unless he is a duly registered professional teacher,
and 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; orcralaw
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(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
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(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
Sec. 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.

Sec. 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:cralaw

(a) Any person who practices the teaching profession in the Philippines without being certified
in accordance with the provisions of this Act;
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(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.

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Sec. 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.

Sec. 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.cralaw

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.

Sec. 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.cralaw

Sec. 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.

Sec. 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.

Sec. 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: December 16, 1994

Lesson 4. Republic Act No. 9293

AN ACT AMENDING CERTAIN SECS OF REPUBLIC ACT NUMBERED SEVENTY-
EIGHT HUNDRED AND THIRTY-SIX (R.A. NO. 7836), OTHERWISE KNOWN AS THE
“PHILIPPINE TEACHERS PROFESSIONALIZATION ACT OF 1994”

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

assembled:

SECTION 1. Section 15, (e) (3) of Republic Act No. 7836 is hereby amended as follows:

“SEC. 15. Qualification Requirements of Applicants. – No applicant shall be admitted to take

the examination unless, on the date of filing of the application, he shall have complied with the
following requirements:

“(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 preschool, a bachelor’s degree in early childhood education (BECED) or its
equivalent;

(2) For teachers in the elementary grades, a bachelor’s degree in elementary education
(BSEED) or its equivalent;

(3) For teachers in the secondary grades, a bachelor’s degree in education or its equivalent with
a major and minor, or a bachelor degree in arts and sciences with at least eighteen (18) units in
professional education; and

(4) For teachers of vocational and two-year technical courses, a bachelor’s degree in the field of
specialization or its equivalent, with at least eighteen (18) units in professional education.”

SEC 2. Section 26 of the same Act is hereby amended to read as follows:

“SEC. 26. Registration and Exception. – No person shall engage in teaching and/or act as a
professional teacher as defined in this Act, whether in the preschool, elementary or secondary
level, unless the person is a duly registered professional teacher, and 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 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; or

(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.
Professional teachers who have not practiced their profession for the past five (5) years shall
take at least twelve (12) units of education courses, consisting of at least six (6) units of
pedagogy and six (6) units of content courses, or the equivalent training and number of hours, to
be chosen from a list of courses to be provided by the Board and the Department of Education,
before they can be allowed to practice their profession in the country.

Those who have failed the licensure examination for professional teachers, with a rating of not
lower than five percentage points from the passing general average rating, shall be eligible as
para-teachers upon issuance by the Board of a two-year special permit, renewable for a non-
extendible period of two (2) years. The para-teachers shall be assigned to areas where there is a
shortage or absence of a professional teacher, as identified and provided by the Department of
Education and the Autonomous Region for Muslim Mindanao (ARMM) education department
to the Board for professional teachers and to the Commission. The special permit shall indicate
the area of assignment of the para-teacher.

A special permit may also be issued by the Board to a person who has excelled and gained
international recognition and is a widely acknowledged expert in his or her respective field of
specialization.”

SEC 3. Section 31 of the same Act is hereby amended to read as follows:

“SEC. 31. Transitory Provision. – Special permits, with a validity of three (3) and five (5) years,
issued to para-teachers by the Board for Professional Teachers before the effectivity of this Act
shall be allowed to expire based on the period granted therein: Provided, That only special
permits with a validity of three (3) years may be renewed upon expiration for a non-extendible
period of two (2) years.”

SEC 4. References to the term “Department of Education, Culture and Sports”, in section 4 (a)
and section 25, and the term “DECS” in section 20, of the same Act, are hereby amended to
read as “Department of Education” and “DepEd”, respectively.

SEC 5. 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.

SEC 6. Repealing Clause. – All laws, decrees, circulars, administrative orders, rules and
regulations, and other issuances which are inconsistent with the provisions of this Act are
hereby repealed or modified accordingly.

SEC 7. Effectivity. – This Act shall take effect upon approval.

Approved,

(Sgd.) JOSE DE VENECIA JR.

Speaker of the House
of Representatives

(Sgd.) FRANKLIN M. DRILON

President of the Senate
This Act, which is a consolidation of Senate Bill No. 2698 and House Bill No. 5411 was finally
passed by the Senate and the House of Representatives on February 6, 2004 and February 7,
2004, respectively.

(Sgd.) ROBERTO P. NAZARENO

Secretary General
House of Representatives

(Sgd.) OSCAR G. YABES

Secretary of the Senate

Approved: APR 21 2004

(Sgd.) GLORIA MACAPAGAL-ARROYO

President of the Philippines

Lesson 5. Code of Ethics for Professional Teachers

(Pursuant to Paragraph (e), Article II, of R.A No.7836 (Phil. Teachers Professionalization Act
of 1994) FELIX V. BERNAL, JR. II, R.Ed Presenter

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

Code of Ethics for Professional Teacher

ARTICLE 1
SCOPE ANDLIMITATION
Section 1. This code shall apply to ALL TEACHERS in schools in the Philippines

Section 2. Covers ALL PUBLIC and PRIVATE school TEACHERS in all educational
institution at the pre-school, primary, elementary, and secondary levels whether academic,
vocational, special, technical, or non-formal. “Teacher”-industrial arts or vocational teachers
and all other persons performing SUPERVISORY and/or ADMINISTRATIVE functions in all
school, whether on full time or part time basis.

ARTICLE II
THE TEACHER AND THE STATE
Section 1. The schools are the nurseries of the future 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 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 and 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 a 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 or service or 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
responsibility.

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

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

FYI What is academic freedom?

ANSWER The Supreme Court of the U.S said that Academic Freedom means a
university can “determine for itself on academic grounds:
1. Who may teach
2. What may taught
3. How it should be taught
4. Who may be admitted to study.”

ARTICLE III
THE TEACHER AND THE COMMUNITY
Section 1. A teacher is: -facilitator of learning and of the development of the youth; -render the
best service by providing an environment conducive to such learning and growth.

Section 2. …shall provide leadership and initiative to actively participate in community

movements for moral, social, educational, economic and civic betterment.

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

Section 4. …shall live for and with the community’ …shall study and understand local customs
and traditions in order to have sympathetic attitude, …refrain from disparaging the community.

Section 5. …shall help the school keep the people in the community informed about the school
work and accomplishments as well as its needs and problems.
Section 6. …is intellectual leader in the community, …shall welcome the opportunity to
provide such leadership when needed, …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, individually or
collectively.

Section 8. A teacher posses freedom to attend church and worships as appropriate, but shall not
use his positions and influence to proselyte others.

ARTICLE IV
THE TEACHER AND THE PROFESSION

Section 1. Every teacher shall actively 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 preparations for the career of teaching, and shall be at his best at all times and in
the practice of his profession.
What is QUALITY EDUCATION? “x x x making sure that basic education is really solid,
because if it is not solid, it affects the quality of secondary education.
If secondary education is poor, then the person goes to college unprepared for college
work. And if he is allowed to graduate again with a poor quality college education, he goes to
university professional education even more unprepared.” - Rev. Fr. Joaquin Bernas, SJ
Two (2) Basic Methods of Ensuring Quality Education 100% 90% 80% 70% 60% 50%
40% 30% 20% 10% 0% Faculty Student Facility Administrative

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 the profession, and strengthen his competence,
virtues, and productivity in order to be nationally and internationally competitive.

In Evelyn Pena vs. NLRC, the SC said— “x x x schools can set high standards of efficiency for
its teachers since quality education is a mandate of the Constitution x x x (s)ecurity of tenure x
x x cannot be used to shield incompetence.”

Section 4. Every teacher shall help, if duly authorized, to seek support from 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 dignified
means for earning a decent living.
ARTICLE 5
THE TEACHERANDTHE TEACHING COMMUNITY
Section 1. Professional loyalty, mutual confidence, and faith in one another, self-sacrifice for
the common good, and full cooperation with colleagues. Support one another.

Section 2. …refrain from claiming credit or work not of his own, and give due credit for the
work of others which he may use.

Section 3. …organize and leave to his successor such records and other data as are necessary to
carry on the work before leaving.

Section 4. …shall keep confidential information concerning associates and the school, and shall
not divulge to anyone documents which has not been officially released, or remove records
from files without official permission.
Section 5. seek correctives for what may appear to be an unprofessional and unethical conduct
of any associate. However, if there is incontrovertible evidence for such conduct.

Section 6. …submit to the proper authorities any justifiable criticism against an associate,
preferably in writing, without violating any right of the individual concerned.

Section 7. …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 THE HIGHER AUTHORITIES IN THE PHILIPPINES
Section 1. …make an honest effort to understand and support the legitimate policies of the
school and the administration regardless of personal feeling or private opinion and shall
faithfully carry them out.

Section 2. …shall not make any false accusations or charges against superiors, especially under
anonymity. However, if there are valid charges, he should present such under oath to competent
authority.

Section 3. …transact all official business through channels except when special conditions
warrant a different procedure..
GRIEVANCE COMMITTEE (Faculty Club Pres, PTA Pres, SSG Pres and SUBJECT
COORDINATORS TEACHER PRINCIPAL (Academic Matters) DIVISION SUPERVISOR
DIVISION SUPERINTENDENT REGIONAL DIRECTOR DEPED SECRETARY other)

Section 4. …has a right to seek redress against injustice to the administration and …shall raise
grievances within acceptable democratic processes. …shall avoid jeopardizing the interest and
the welfare of learners whose right to learn must be respected.

Section 5. …right to invoke the principle that appointments, promotions, and transfer of
teachers are made only on the basis of merit and needed 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 employment terms and conditions.
FYI PROCEDURE ON THE APPOINTMENT & PROMOTION OF TEACHING RELATED,
TEACHING AND NON-TEACHING POSITION
1. Publish vacant position.
2. Announce vacant position and post in at least three (3) conspicuous places in the
DepED/schools concerned for at least 15 working days.
3. List applicants
4. Conduct preliminary evaluation of the qualifications of all applicants.
5. Prepare selection line-up which shall REFLECT the QUALIFICATIONS of all
applicants.
6. Post in 3 conspicuous places for at least 15 calendar days. Indicate the date of
posting.
7. Notify all applicants for the outcome of the preliminary evaluation.
8. Submit the selection line-up to the PERSONNEL SELECTION BOARD for
deliberation en banc.
9. Conduct further assessment (written exam, skills test, interview and others.
10. Submit to the appointing authority the short list of 5 ranking candidates.

FYI COMPOSITION OF PERSONNEL SELECTION BOARD DIVISION LEVEL

Chairperson :Assistant School’s Div. Superintendent Members :Head of the school where
vacancy exists :Admin. Officer V :Admin. Officer II (HRMO I) :President Division DepED
Employees Union/ Faculty Association/ Non- Teaching Association SECONDARY LEVEL
Chairperson :Principal/ School Head Members :Department Head where vacancy exists
:Administrative Officer :President of Teachers’ Association NON-TEACHING Chairperson
:Principal/School Head Members :Two Department Heads :Admin. Officer :President of
Employees Ass./ Pres. Non- Teaching Ass.

ARTICLE VII
SCHOOL OFFICIALS,TEACHERS, AND OTHER PERSONNEL
Section 1. …at all times show professional courtesy, helpfulness and sympathy towards
teachers and other personnel…

Section 2. …cooperative responsibility to formulate policies or introduce important changes in

the system at all levels.

Section 3. School officials shall encourage and attend the professional growth of all teachers…
recommend them for promotion, giving them due recognition for meritorious performance, and
allowing them to participate in conferences in training programs.

QUESTION (Sec. 3) How shall the state enhance the right of teachers to professional
advancement?
ANSWER By providing trainings and seminars to teachers; by providing sabbatical
leave to teachers; by giving scholarship to teachers.

QUESTION What are the rights of a Public School Teacher?

ANSWER (Sec.4 R.A. 4670) 50.1 No Probationary Period preceding regular
appointment; 50.2 Consent for Transfer; 50.3 Safeguards in Disciplinary Procedure; 50.4
Administrative Charges shall be heard by a Committee; 50.5 teacher shall NOT be required to
render more than 6 HOURS of ACTUAL classroom teaching; 50.6 Additional Compensation
50.7 Salary Grade- gradual progression from a minimum to a maximum salary by means of
REGULAR INCREMENTS granted automatically every 3years/ satisfactory/ maximum level
within ten years.
ANSWER (Sec.4 R.A. 4670) 50.9 Special hardship Allowance 50.10 Deductions
Prohibited 50.11 Medical Examinations and Treatment 50.12 Compensation for Injuries
(Physical and nervous strain is recognized as COMPENSABLE OCCUPATIONAL DISEASE;
50.13 Study Leave; 50.14.1 Freedom to Organize; 50.14.2 Discrimination Against Teachers
Prohibited; 50.15 Security of Tenure; 50.16.1 Productivity Incentive Benefit; 50.16.2 Year End
Bonus and Cash Gift (in service as of 31 of October each year).

QUESTION (Sec. 3) How will the state insure that teaching will attract and retain its rightful
share of the best available talents?
ANSWER Through adequate remuneration and other means of job satisfaction and
fulfillment.
ANSWER Through adequate remuneration and other means of job satisfaction and
fulfillment.

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

Section 5. …public school teachers are employed in accordance with pertinent civil service
rules, ….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 TEACHERS AND THE LEARNERS
Section 1. A teacher has a right and duty to determine the academic marks and the promotion of
learners in the subject they handle.

Section 2. …interest and welfare of learners are of first and foremost concern, and shall deal
justifiably and impartially with each of them.

Section 3. Under no circumstance shall a teacher be prejudiced or discriminate against a learner.

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

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

Section 6. …evaluation of the learner must be based on work only in merit and quality of
academic performance.

Section 7. …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. …shall not inflict corporal punishment on offending learners nor make deductions
from their scholastic ratings as a punishment for acts which are clearly not manifestation of
poor scholarship.

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

ARTICLE IX
THE TEACHER AND THE LEARNERS

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

Section 2. …shall inform parents, through proper authorities, of the progress and deficiencies of
learner under him, exercising utmost candor and tact in pointing out the learner's deficiencies…
Section 3. A teacher shall hear parent complaints with sympathy and understanding, and shall
discourage unfair criticism.

ARTICLE X
THE TEACHER AND BUSINESS
Section 1. A teacher has the right to engage, directly or indirectly, in legitimate income
generation; provided that it does not relate to or adversely affect his work as a teacher.

Section 2. …maintain a good reputation with respect to the financial matters such as in the
settlement of his debts and loans in arranging satisfactorily his private financial affairs.

Section 3. No teacher 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 they shall be in accordance with the
existing regulations; provided, further, that members of duly recognized teachers cooperatives
may participate in the distribution and sale of such commodities.

ARTICLE XI
THE TEACHER AS A PERSON
Section 1. …highest obligation to live with dignity in all places at all times.

Section 2. …self-respect and self-discipline as the principle of personal behavior in all

relationships with others and in all situations.

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

Section 4. …always recognize the Almighty God as guide of his own destiny and of the
destinies of men and nations.

ARTCLE XII
 DISCIPLINART ACTION
Section 1. Any violation of any provision of this code shall be sufficient ground for the
imposition against the erring teacher of the disciplinary action consisting of revocation of his
Certification of Registration and License as a Professional Teacher, suspension from the
practice of teaching profession, or 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. 7836.

ARTICLE XIII
EFFECTIVITY
Section 1. This Code shall take effect upon approval by the Professional Regulation
Commission and after sixty (60) days following its publication in the Official Gazette or any
newspaper of general circulation, whichever is earlier.

A THOUSAND AND ONE WAY OF INSPIRING TEACHERS

“Observation without judgment is the highest form of intelligence.”

Lesson 6
EXCERPTS FROM THE FAMILY CODE OF THE PHILIPPINES

TITLE IX
Article 209
Pursuant to the natural right and duty of parents over the person and property of their
unemancipated children, parental authority and responsibility shall include the caring for and
rearing them for civic consciousness and efficiency and the development of their moral, mental
and physical character and well-being. (n)

Article 210
Parental authority and responsibility may not be renounced or transferred except in the cases
authorized by law. (313a)

Article 211
The father and the mother shall jointly exercise parental authority over the persons of their
common children. In case of disagreement, the father's decision shall prevail, unless there is a
judicial order to the contrary.

Children shall always observe respect and reverence towards their parents and are obliged to
obey them as long as the children are under parental authority. (311a)

Article 212
In case of absence or death of either parent, the parent present shall continue exercising parental
authority. The remarriage of the surviving parent shall not affect the parental authority over the
children, unless the court appoints another person to be the guardian of the person or property
of the children. (n)

Article 213
 In case of separation of the parents, parental authority shall be exercised by the parent
designated by the Court. The Court shall take into account all relevant considerations,
especially the choice of the child over seven years of age, unless the parent chosen is unfit. (n)

Article 214
In case of death, absence or unsuitability of the parents, substitute parental authority shall be
exercised by the surviving grandparent. In case several survive, the one designated by the
court, taking into account the same consideration mentioned in the preceding article, shall
exercise the authority. (355a)

Article 215
No descendant shall be compelled, in a criminal case, to testify against his parents and
grandparents, except when such testimony is indispensable in a crime against the descendant or
by one parent against the other. (315a)

CHAPTER 2. SUBSTITUTE AND SPECIAL PARENTAL AUTHORITY

Article 216
In default of parents or a judicially appointed guardian, the following person shall exercise
substitute parental authority over the child in the order indicated:

The surviving grandparent, as provided in Article 214;

The oldest brother or sister, over twenty-one years of age, unless unfit or disqualified; and
The child's actual custodian, over twenty-one years of age, unless unfit or disqualified.
Whenever the appointment or a judicial guardian over the property of the child becomes
necessary, the same order of preference shall be observed. (349a, 351a, 354a)

Article 217
In case of foundlings, abandoned neglected or abused children and other children similarly
situated, parental authority shall be entrusted in summary judicial proceedings to heads of
children's homes, orphanages and similar institutions duly accredited by the proper government
agency. (314a)

Article 218
The school, its administrators and teachers, or the individual, entity or institution engaged in
child are shall have special parental authority and responsibility over the minor child while
under their supervision, instruction or custody.

Authority and responsibility shall apply to all authorized activities whether inside or outside the
premises of the school, entity or institution. (349a)

Article 219
Those given the authority and responsibility under the preceding Article shall be principally and
solidarily liable for damages caused by the acts or omissions of the unemancipated minor. The
parents, judicial guardians or the persons exercising substitute parental authority over said
minor shall be subsidiarily liable.

The respective liabilities of those referred to in the preceding paragraph shall not apply if it is
proved that they exercised the proper diligence required under the particular circumstances.
 All other cases not covered by this and the preceding articles shall be governed by the
provisions of the Civil Code on quasi-delicts. (n)

CHAPTER 4. EFFECT OF PARENTAL AUTHORITY UPON PROPERTY OF THE

CHILDREN
Article 220
The parents and those exercising parental authority shall have with the respect to their
emancipated children on wards the following rights and duties:

To keep them in their company, to support, educate and instruct them by right precept and good
example, and to provide for their upbringing in keeping with their means;
To give them love and affection, advice and counsel, companionship and understanding;
To provide them with moral and spiritual guidance, inculcate in them honesty, integrity, self-
discipline, self-reliance, industry and thrift, stimulate their interest in civic affairs, and inspire in
them compliance with the duties of citizenship;
To furnish them with good and wholesome educational materials, supervise their activities,
recreation and association with others, protect them from bad company, and prevent them from
acquiring habits detrimental to their health, studies and morals;
To represent them in all matters affecting their interests;
To demand from them respect and obedience;
To impose discipline on them as may be required under the circumstances; and
To perform such other duties as are imposed by law upon parents and guardians. (316a)
Article 221
Parents and other persons exercising parental authority shall be civilly liable for the injuries and
damages caused by the acts or omissions of their unemancipated children living in their
company and under their parental authority subject to the appropriate defenses provided by law.
(2180(2)a and (4)a )

Article 222
The courts may appoint a guardian of the child's property or a guardian ad litem when the best
interests of the child so requires. (317)

Article 223
The parents or, in their absence or incapacity, the individual, entity or institution exercising
parental authority, may petition the proper court of the place where the child resides, for an
order providing for disciplinary measures over the child. The child shall be entitled to the
assistance of counsel, either of his choice or appointed by the court, and a summary hearing
shall be conducted wherein the petitioner and the child shall be heard.

However, if in the same proceeding the court finds the petitioner at fault, irrespective of the
merits of the petition, or when the circumstances so warrant, the court may also order the
deprivation or suspension of parental authority or adopt such other measures as it may deem
just and proper. (318a)

Article 224
The measures referred to in the preceding article may include the commitment of the child for
not more than thirty days in entities or institutions engaged in child care or in children's homes
duly accredited by the proper government agency.
 The parent exercising parental authority shall not interfere with the care of the child whenever
committed but shall provide for his support. Upon proper petition or at its own instance, the
court may terminate the commitment of the child whenever just and proper. (391a)

CHAPTER 5. SUSPENSION OR TERMINATION OF PARENTAL AUTHORITY

Article 228
Parental authority terminates permanently:

Upon the death of the parents;

Upon the death of the child; or
Upon emancipation of the child. (327a)
Article 229
Unless subsequently revived by a final judgment, parental authority also terminates:

Upon adoption of the child;

Upon appointment of a general guardian;
Upon judicial declaration of abandonment of the child in a case filed for the purpose;
Upon final judgment of a competent court divesting the party concerned of parental authority;
or
Upon judicial declaration of absence or incapacity of the person exercising parental authority.
(327a)
Article 230
Parental authority is suspended upon conviction of the parent or the person exercising the same
of a crime which carries with it the penalty of civil interdiction. The authority is automatically
reinstated upon service of the penalty or upon pardon or amnesty of the offender. (330a)

Article 231
The court in an action filed for the purpose in a related case may also suspend parental authority
if the parent or the person exercising the same:

Treats the child with excessive harshness or cruelty;

Gives the child corrupting orders, counsel or example;
Compels the child to beg; or
Subjects the child or allows him to be subjected to acts of lasciviousness.
The grounds enumerated above are deemed to include cases which have resulted from culpable
negligence of the parent or the person exercising parental authority.

If the degree of seriousness so warrants, or the welfare of the child so demands, the court shall
deprive the guilty party of parental authority or adopt such other measures as may be proper
under the circumstances.

The suspension or deprivation may be revoked and the parental authority revived in a case filed
for the purpose or in the same proceeding if the court finds that the cause therefor has ceased
and will not be repeated. (33a)

Article 232
 If the person exercising parental authority has subjected the child or allowed him to be
subjected to sexual abuse, such person shall be permanently deprived by the court of such
authority. (n)

Article 233
The person exercising substitute parental authority shall have the same authority over the
person of the child as the parents.

In no case shall the school administrator, teacher of individual engaged in child care exercising
special parental authority inflict corporal punishment upon the child. (n)

Lesson 7
REPUBLIC ACT NO. 7610
ARTICLE VI Other Acts of Abuse

Sec. 10. Other Acts of Neglect, Abuse, Cruelty or Exploitation and Other Conditions Prejudicial
to the Child's Development. -
(a) Any person who shall commit any other acts of child abuse, cruelty or exploitation or to be
responsible for other conditions prejudicial to the child's development including those covered
by Article 59 of Presidential Decree No. 603, as amended, but not covered by the Revised Penal
Code, as amended, shall suffer the penalty of prisons mayor in its minimum period.

(b) Any person who shall keep or have in his company a minor, twelve (12) years or under or
who in ten (10) years or more his junior in any public or private place, hotel, motel, beer joint,
discotheque, cabaret, pension house, sauna or massage parlor, beach and/or other tourist resort
or similar places shall suffer the penalty of prisons mayor in its maximum period and a fine of
not less than Fifty thousand pesos (P50,000.00): Provided, That this provision shall not apply to
any person who is related within the fourth degree of consanguinity or affinity or any bond
recognized by law, local custom and tradition or acts in the performance of a social, moral or
legal duty.

(c) Any person who shall induce, deliver or offer a minor to any one prohibited by this Act to
keep or have in his company a minor as provided in the preceding paragraph shall suffer the
penalty of prision mayor in its medium period and a fine of not less than Forty thousand pesos
 (P40,000.00); Provided, however, That should the perpetrator be an ascendant, stepparent or
guardian of the minor, the penalty to be imposed shall be prision mayor in its maximum period,
a fine of not less than Fifty thousand pesos (P50,000.00), and the loss of parental authority over
the minor.

(d) Any person, owner, manager or one entrusted with the operation of any public or private
place of accommodation, whether for occupancy, food, drink or otherwise, including residential
places, who allows any person to take along with him to such place or places any minor herein
described shall be imposed a penalty of prision mayor in its medium period and a fine of not
less than Fifty thousand pesos (P50,000.00), and the loss of the license to operate such a place
or establishment.

(e) Any person who shall use, coerce, force or intimidate a street child or any other child to:

(1) Beg or use begging as a means of living;

(2) Act as conduit or middlemen in drug trafficking or pushing; or

(3) Conduct any illegal activities, shall suffer the penalty of prision correccional in its medium
period to reclusion perpetua.
For purposes of this Act, the penalty for the commission of acts punishable under Articles 248,
249, 262, paragraph 2, and 263, paragraph 1 of Act No. 3815, as amended, the Revised Penal
Code, for the crimes of murder, homicide, other intentional mutilation, and serious physical
injuries, respectively, shall be reclusion perpetua when the victim is under twelve (12) years of
age. The penalty for the commission of acts punishable under Articles 337, 339, 340 and 341 of
Act No. 3815, as amended, the Revised Penal Code, for the crimes of qualified seduction, acts
of lasciviousness with the consent of the offended party, corruption of minors, and white slave
trade, respectively, shall be one (1) degree higher than that imposed by law when the victim is
under twelve (12) years age.

The victim of the acts committed under this section shall be entrusted to the care of the
Department of Social Welfare and Development.

LESSON 8
REPUBLIC ACT 7877

nti-Sexual Harassment Act of 1995

Files:
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Republic Act 7877
AN ACT DECLARING SEXUAL HARASSMENT UNLAWFUL IN THE EMPLOYMENT,
EDUCATION OR TRAINING ENVIRONMENT, AND FOR OTHER PURPOSES.

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

assembled:

SECTION 1. Title. - This Act shall be known as the "Anti-Sexual Harassment Act of 1995."
 SECTION 2. Declaration of Policy. - The State shall value the dignity of every individual,
enhance the development of its human resources, guarantee full respect for human rights, and
uphold the dignity of workers, employees, applicants for employment, students or those
undergoing training, instruction or education. Towards this end, all forms of sexual harassment
in the employment, education or training environment are hereby declared unlawful.

SECTION 3. Work, Education or Training -Related, Sexual Harassment Defined. - Work,

education or training-related sexual harassment is committed by an employer, employee,
manager, supervisor, agent of the employer, teacher, instructor, professor, coach, trainor, or any
other person who, having authority, influence or moral ascendancy over another in a work or
training or education environment, demands, requests or otherwise requires any sexual favor
from the other, regardless of whether the demand, request or requirement for submission is
accepted by the object of said Act.

(a) In a work-related or employment environment, sexual harassment is committed when:

(1) The sexual favor is made as a condition in the hiring or in the employment, re-
employment or continued employment of said individual, or in granting said individual
favorable compensation, terms of conditions, promotions, or privileges; or the refusal to grant
the sexual favor results in limiting, segregating or classifying the employee which in any way
would discriminate, deprive ordiminish employment opportunities or otherwise adversely affect
said employee;

(2) The above acts would impair the employee's rights or privileges under existing
labor laws; or

(3) The above acts would result in an intimidating, hostile, or offensive environment
for the employee.

(b) In an education or training environment, sexual harassment is committed:

(1) Against one who is under the care, custody or supervision of the offender;

(2) Against one whose education, training, apprenticeship or tutorship is entrusted to

the offender;

(3) When the sexual favor is made a condition to the giving of a passing grade, or the
granting of honors and scholarships, or the payment of a stipend, allowance or other benefits,
privileges, or consideration; or

(4) When the sexual advances result in an intimidating, hostile or offensive

environment for the student, trainee or apprentice.

Any person who directs or induces another to commit any act of sexual harassment as
herein defined, or who cooperates in the commission thereof by another without which it would
not have been committed, shall also be held liable under this Act.

SECTION 4. Duty of the Employer or Head of Office in a Work-related, Education or

Training Environment. - It shall be the duty of the employer or the head of the work-related,
educational or training environment or institution, to prevent or deter the commission of acts of
sexual harassment and to provide the procedures for the resolution, settlement or prosecution
of acts of sexual harassment. Towards this end, the employer or head of office shall:

(a) Promulgate appropriate rules and regulations in consultation with and joint1y approved
by the employees or students or trainees, through their duly designated representatives,
prescribing the procedure for the investigation of sexual harassment cases and the
administrative sanctions therefor.

Administrative sanctions shall not be a bar to prosecution in the proper courts for unlawful
acts of sexual harassment.

The said rules and regulations issued pursuant to this subsection (a) shall include, among
others, guidelines on proper decorum in the workplace and educational or training institutions.

(b) Create a committee on decorum and investigation of cases on sexual harassment. The
committee shall conduct meetings, as the case may be, with officers and employees, teachers,
instructors, professors, coaches, trainors, and students or trainees to increase understanding and
prevent incidents of sexual harassment. It shall also conduct the investigation of alleged cases
constituting sexual harassment.

In the case of a work-related environment, the committee shall be composed of at least one
(1) representative each from the management, the union, if any, the employees from the
supervisory rank, and from the rank and file employees.

In the case of the educational or training institution, the committee shall be composed of at
least one (1) representative from the administration, the trainors, instructors, professors or
coaches and students or trainees, as the case may be.

The employer or head of office, educational or training institution shall disseminate or post
a copy of this Act for the information of all concerned.

SECTION 5. Liability of the Employer, Head of Office, Educational or Training

Institution. - The employer or head of office, educational or training institution shall be
solidarily liable for damages arising from the acts of sexual harassment committed in the
employment, education or training environment if the employer or head of office, educational
or training institution is informed of such acts by the offended party and no immediate action is
taken.

SECTION 6. Independent Action for Damages. - Nothing in this Act shall preclude the
victim of work, education or training-related sexual harassment from instituting a separate and
independent action for damages and other affirmative relief.

SECTION 7. Penalties. - Any person who violates the provisions of this Act shall, upon
conviction, be penalized by imprisonment of not less than one (1) month nor more than six (6)
months, or a fine of not less than Ten thousand pesos (P10,000) nor more than Twenty
thousand pesos (P20,000), or both such fine and imprisonment at the discretion of the court.

Any action arising from the violation of the provisions of this Act shall prescribe in three
(3) years.
SECTION 8. Separability Clause. - If any portion or provision of this Act is declared void or
unconstitutional, the remaining portions or provisions hereof shall not be affected by such
declaration.

SECTION 9. Repealing Clause. - All laws, decrees, orders, rules and regulations, other
issuances, or parts thereof inconsistent with the provisions of this Act are hereby repealed or
modified accordingly.

SECTION 10. Effectivity Clause.- This Act shall take effect fifteen (15) days after its
complete publication in at least two (2) national newspapers of general circulation.

Approved:

(Sgd.) EDGARDO J. ANGARA

President of the Senate

(Sgd.) JOSE DE VENECIA, JR .

Speaker of the House of Representatives

This Act is a consolidation of House Bill No. 9425 and Senate Bill No. 1632 was finally
passed by the House of Representatives and the Senate on February 8, 1995.

(Sgd.) EDGARDO E. TUMANGAN

Secretary of the Senate

(Sgd.) CAMILO L. SABIO

Secretary General
House of Representatives

Approved: February 14, 1995

(Sgd.) FIDEL V. RAMOS

President of the Philippines
 LESSON 9
EXCERPTS FROM REPUBLIC ACT NO. 8980

AN ACT PROMULGATING A COMPREHENSIVE POLICY AND A NATIONAL SYSTEM

FOR EARLY CHILDHOOD CARE AND DEVELOPMENT (ECCD), PROVIDING FUNDS
THEREFOR AND FOR OTHER PURPOSES

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

assembled:

Section 1. Short Title. - This Act shall be known as the "ECCD Act,"

Section 2. Declaration of Policy. - It is hereby declared the policy of the State to promote the
rights of children to survival, development and special protection with full recognition of the
nature of childhood and its special needs; and to support parents in their roles as primary
caregivers and as their children's first teachers. The State shall institutionalize a National
System for Early Childhood Care and Development (ECCD) that is comprehensive, integrative
and sustainable, that involves multi-sectoral and inter-agency collaboration at the national and
local levels among government; among service providers, families and communities; and
among the public and private sectors, nongovernment organizations, professional associations,
and academic institutions, This System shall promote the inclusion of children with special
needs and advocate respect for cultural diversity. It shall be anchored on complementary
strategies for ECCD that include service delivery for children from conception to age six (6),
educating parents and caregivers, encouraging the active involvement of parents and
communities in ECCD programs, raising awareness about the importance of ECCD, and
promoting community development efforts that improve the quality of life for young children
and families,

Section 3. Objectives. - The objectives of the National ECCD System are:

(a) To achieve improved infant and child survival rates by ensuring that adequates health and
nutrition programs are accessible to young children and their mothers from the pre-natal period
throughout the early childhood years;

(b) To enhance the physical, social, emotional, cognitive, psychological, spiritual and language
development of young children;

(c) To enhance the role of parents and other caregivers as the primary caregivers and educators
of their children from birth onwards;

(d) To facilitate a smooth transition from care and education provided at home to community or
school-based setting and to primary school;

(e) To enhance the capabilities of service providers and their supervisors to comply with quality
standards for various ECCD programs;

(f) To enhance and sustain the efforts of communities to promote ECCD programs and ensure
that special support is provided for poor and disadvantaged communities;
 (g) To ensure that young children are adequately prepared for the formal learning system and
that both public and private schools are responsive to the developmental needs of these
children;

(h) To establish an efficient system for early identification, prevention, referral and intervention
for developmental disorders and disabilities in early childhood; and

(i) To improve the quality standards of public and private ECCD programs through, but not
limited to, a registration and credential system for ECCD service providers.

Section 4. Definitions. - For purposes of this Act:

(a) Early Childhood Care and Development (ECCD) System refers to the full range of health,
nutrition, early education and social services programs that provide for the basic holistic needs
of young children from birth to age six (6), to promote their optimum growth and development.
These programs include:

(1) Center-based programs, such as the day care service established under Republic Act No.
6972, public and private pre-schools, kindergarten or school-based programs, community or
church-based early childhood education programs initiated by nongovernment organizations or
people's organizations, workplace-related child care and education programs, child-minding
centers, health centers and stations; and

(2) Home-based programs, such as the neighborhood-based play groups, family day care
programs, parent education and home visiting programs.

(b) ECCD Service Providers include the various professionals, paraprofessionals, and volunteer
caregivers who are directly responsible for the care and education of young children through the
various center and home-based programs. They include, but are not limited to, day care
workers, teachers, teacher-aides, rural health midwives, social workers, community health
workers, barangay nutrition scholars, parent effectiveness service volunteers, child development
workers, and family day care providers.

(c) ECCD Curriculum refers to the age-appropriate and developmentally appropriate

educational objectives, program of activities, organized learning experiences and recommended
learning materials for children that are implemented by service providers through center and
home-based programs. It shall consist of national program goals and guidelines, instructional
objectives, and content outlines integrating local learning experiences and indigenous learning
materials.

(d) Parent Education refers to the various formal and alternative means of providing parents
with information, skills, and support systems to assist them in their roles as their children's
primary caregivers and educators. These include public and private parent education programs
linked to center, home and media-based child care and education programs.

Section 5. System Framework and Components. - The ECCD System shall include the
following components:
 (a) ECCD Curriculum - which focuses on children's total development according to their
individual needs and socio-cultural background. It shall promote the delivery of complementary
and integrative services for health care, nutrition, early childhood education, sanitation, and
cultural activities. It shall use the child's first language as the medium of instruction.

(b) Parent Education and Involvement, Advocacy, and Mobilization of Communities - which
harness and develop parents' strengths as providers of ECCD at home, active partners or other
stakeholders, advocates for community concerns that affect children, and pillars of support for
local and national ECCD programs through community organization efforts.

(c) Human Resource Development Program - which establishes mechanisms for the systematic
professionalization of ECCD service providers, through enrolment in educational programs in
site-based or distance educational modes, through pre-service or in-service training including
continuing education programs, whereby a registration and credential system shall be developed
in the ECCD System.

(d) ECCD Management - which focuses on a continuing process of planning, implementation,

supervision, financial management, monitoring, evaluation and reporting. It shall encourage the
active involvement and build the capabilities of service providers, parents, and local
government officials to sustain the program, and it shall be guided by the principles of
decentralization as stipulated in the Local Government Code of 1991.

(e) Quality Standards and Accreditation - which ensures that each component in the ECCD
System complies with national quality standards, to be established by the National ECCD
Coordinating Council as provided for under Section 8 of this Act, linked to an accreditation
process.

Section 6. Establishment of ECCD System. - The National ECCD System shall be established
in at least three (3) regions each year, as may be determined by the National ECCD
Coordinating Council, to achieve national coverage over a five-year period.

LESSON 10
FIRST CALL FOR CHILDREN

Convention on the Rights of the Child

Adopted and opened for signature, ratification and accession by General Assembly resolution
44/25 of 20 November 1989
 entry into force 2 September 1990, in accordance with article 49
Preamble

The States Parties to the present Convention,

Considering that, in accordance with the principles proclaimed in the Charter of the United
Nations, recognition of the inherent dignity and of the equal and inalienable rights of all
members of the human family is the foundation of freedom, justice and peace in the world,

Bearing in mind that the peoples of the United Nations have, in the Charter, reaffirmed their
faith in fundamental human rights and in the dignity and worth of the human person, and have
determined to promote social progress and better standards of life in larger freedom,

Recognizing that the United Nations has, in the Universal Declaration of Human Rights and in
the International Covenants on Human Rights, proclaimed and agreed that everyone is entitled
to all the rights and freedoms set forth therein, without distinction of any kind, such as race,
colour, sex, language, religion, political or other opinion, national or social origin, property,
birth or other status,

Recalling that, in the Universal Declaration of Human Rights, the United Nations has
proclaimed that childhood is entitled to special care and assistance,

Convinced that the family, as the fundamental group of society and the natural environment for
the growth and well-being of all its members and particularly children, should be afforded the
necessary protection and assistance so that it can fully assume its responsibilities within the
community,

Recognizing that the child, for the full and harmonious development of his or her personality,
should grow up in a family environment, in an atmosphere of happiness, love and
understanding,

Considering that the child should be fully prepared to live an individual life in society, and
brought up in the spirit of the ideals proclaimed in the Charter of the United Nations, and in
particular in the spirit of peace, dignity, tolerance, freedom, equality and solidarity,

Bearing in mind that the need to extend particular care to the child has been stated in the
Geneva Declaration of the Rights of the Child of 1924 and in the Declaration of the Rights of
the Child adopted by the General Assembly on 20 November 1959 and recognized in the
Universal Declaration of Human Rights, in the International Covenant on Civil and Political
Rights (in particular in articles 23 and 24), in the International Covenant on Economic, Social
and Cultural Rights (in particular in article 10) and in the statutes and relevant instruments of
specialized agencies and international organizations concerned with the welfare of children,

Bearing in mind that, as indicated in the Declaration of the Rights of the Child, "the child, by
reason of his physical and mental immaturity, needs special safeguards and care, including
appropriate legal protection, before as well as after birth",

Recalling the provisions of the Declaration on Social and Legal Principles relating to the
Protection and Welfare of Children, with Special Reference to Foster Placement and Adoption
 Nationally and Internationally; the United Nations Standard Minimum Rules for the
Administration of Juvenile Justice (The Beijing Rules); and the Declaration on the Protection of
Women and Children in Emergency and Armed Conflict, Recognizing that, in all countries in
the world, there are children living in exceptionally difficult conditions, and that such children
need special consideration,

Taking due account of the importance of the traditions and cultural values of each people for the
protection and harmonious development of the child, Recognizing the importance of
international co-operation for improving the living conditions of children in every country, in
particular in the developing countries,

Have agreed as follows:

PART I

Article 1

For the purposes of the present Convention, a child means every human being below the age of
eighteen years unless under the law applicable to the child, majority is attained earlier.
Article 2

1. States Parties shall respect and ensure the rights set forth in the present Convention to each
child within their jurisdiction without discrimination of any kind, irrespective of the child's or
his or her parent's or legal guardian's race, colour, sex, language, religion, political or other
opinion, national, ethnic or social origin, property, disability, birth or other status.

2. States Parties shall take all appropriate measures to ensure that the child is protected against
all forms of discrimination or punishment on the basis of the status, activities, expressed
opinions, or beliefs of the child's parents, legal guardians, or family members.

Article 3

1. In all actions concerning children, whether undertaken by public or private social welfare
institutions, courts of law, administrative authorities or legislative bodies, the best interests of
the child shall be a primary consideration.

2. States Parties undertake to ensure the child such protection and care as is necessary for his or
her well-being, taking into account the rights and duties of his or her parents, legal guardians, or
other individuals legally responsible for him or her, and, to this end, shall take all appropriate
legislative and administrative measures.

3. States Parties shall ensure that the institutions, services and facilities responsible for the care
or protection of children shall conform with the standards established by competent authorities,
particularly in the areas of safety, health, in the number and suitability of their staff, as well as
competent supervision.

Article 4
States Parties shall undertake all appropriate legislative, administrative, and other measures for
the implementation of the rights recognized in the present Convention. With regard to
economic, social and cultural rights, States Parties shall undertake such measures to the
maximum extent of their available resources and, where needed, within the framework of
international co-operation.
Article 5

States Parties shall respect the responsibilities, rights and duties of parents or, where applicable,
the members of the extended family or community as provided for by local custom, legal
guardians or other persons legally responsible for the child, to provide, in a manner consistent
with the evolving capacities of the child, appropriate direction and guidance in the exercise by
the child of the rights recognized in the present Convention.
Article 6

1. States Parties recognize that every child has the inherent right to life.

2. States Parties shall ensure to the maximum extent possible the survival and development of
the child.

Article 7

1. The child shall be registered immediately after birth and shall have the right from birth to a
name, the right to acquire a nationality and. as far as possible, the right to know and be cared for
by his or her parents.

2. States Parties shall ensure the implementation of these rights in accordance with their
national law and their obligations under the relevant international instruments in this field, in
particular where the child would otherwise be stateless.

Article 8

1. States Parties undertake to respect the right of the child to preserve his or her identity,
including nationality, name and family relations as recognized by law without unlawful
interference.

2. Where a child is illegally deprived of some or all of the elements of his or her identity, States
Parties shall provide appropriate assistance and protection, with a view to re-establishing
speedily his or her identity.

Article 9

1. States Parties shall ensure that a child shall not be separated from his or her parents against
their will, except when competent authorities subject to judicial review determine, in
accordance with applicable law and procedures, that such separation is necessary for the best
interests of the child. Such determination may be necessary in a particular case such as one
involving abuse or neglect of the child by the parents, or one where the parents are living
separately and a decision must be made as to the child's place of residence.
 2. In any proceedings pursuant to paragraph 1 of the present article, all interested parties shall
be given an opportunity to participate in the proceedings and make their views known.

3. States Parties shall respect the right of the child who is separated from one or both parents to
maintain personal relations and direct contact with both parents on a regular basis, except if it is
contrary to the child's best interests.

4. Where such separation results from any action initiated by a State Party, such as the
detention, imprisonment, exile, deportation or death (including death arising from any cause
while the person is in the custody of the State) of one or both parents or of the child, that State
Party shall, upon request, provide the parents, the child or, if appropriate, another member of
the family with the essential information concerning the whereabouts of the absent member(s)
of the family unless the provision of the information would be detrimental to the well-being of
the child. States Parties shall further ensure that the submission of such a request shall of itself
entail no adverse consequences for the person(s) concerned.

Article 10

1. In accordance with the obligation of States Parties under article 9, paragraph 1, applications
by a child or his or her parents to enter or leave a State Party for the purpose of family
reunification shall be dealt with by States Parties in a positive, humane and expeditious manner.
States Parties shall further ensure that the submission of such a request shall entail no adverse
consequences for the applicants and for the members of their family.

2. A child whose parents reside in different States shall have the right to maintain on a regular
basis, save in exceptional circumstances personal relations and direct contacts with both
parents. Towards that end and in accordance with the obligation of States Parties under article
9, paragraph 1, States Parties shall respect the right of the child and his or her parents to leave
any country, including their own, and to enter their own country. The right to leave any country
shall be subject only to such restrictions as are prescribed by law and which are necessary to
protect the national security, public order (ordre public), public health or morals or the rights
and freedoms of others and are consistent with the other rights recognized in the present
Convention.

Article 11

1. States Parties shall take measures to combat the illicit transfer and non-return of children
abroad.

2. To this end, States Parties shall promote the conclusion of bilateral or multilateral agreements
or accession to existing agreements.

Article 12

1. States Parties shall assure to the child who is capable of forming his or her own views the
right to express those views freely in all matters affecting the child, the views of the child being
given due weight in accordance with the age and maturity of the child.
 2. For this purpose, the child shall in particular be provided the opportunity to be heard in any
judicial and administrative proceedings affecting the child, either directly, or through a
representative or an appropriate body, in a manner consistent with the procedural rules of
national law.

Article 13

1. The child shall have the right to freedom of expression; this right shall include freedom to
seek, receive and impart information and ideas of all kinds, regardless of frontiers, either orally,
in writing or in print, in the form of art, or through any other media of the child's choice.

2. The exercise of this right may be subject to certain restrictions, but these shall only be such as
are provided by law and are necessary:

(a) For respect of the rights or reputations of others; or

(b) For the protection of national security or of public order (ordre public), or of public health or
morals.

Article 14

1. States Parties shall respect the right of the child to freedom of thought, conscience and
religion.

2. States Parties shall respect the rights and duties of the parents and, when applicable, legal
guardians, to provide direction to the child in the exercise of his or her right in a manner
consistent with the evolving capacities of the child.

3. Freedom to manifest one's religion or beliefs may be subject only to such limitations as are
prescribed by law and are necessary to protect public safety, order, health or morals, or the
fundamental rights and freedoms of others.

Article 15

1. States Parties recognize the rights of the child to freedom of association and to freedom of
peaceful assembly.

2. No restrictions may be placed on the exercise of these rights other than those imposed in
conformity with the law and which are necessary in a democratic society in the interests of
national security or public safety, public order (ordre public), the protection of public health or
morals or the protection of the rights and freedoms of others.

Article 16

1. No child shall be subjected to arbitrary or unlawful interference with his or her privacy,
family, home or correspondence, nor to unlawful attacks on his or her honour and reputation.

2. The child has the right to the protection of the law against such interference or attacks.
 Article 17

States Parties recognize the important function performed by the mass media and shall ensure
that the child has access to information and material from a diversity of national and
international sources, especially those aimed at the promotion of his or her social, spiritual and
moral well-being and physical and mental health.

To this end, States Parties shall:

(a) Encourage the mass media to disseminate information and material of social and cultural
benefit to the child and in accordance with the spirit of article 29;

(b) Encourage international co-operation in the production, exchange and dissemination of such
information and material from a diversity of cultural, national and international sources;

(c) Encourage the production and dissemination of children's books;

(d) Encourage the mass media to have particular regard to the linguistic needs of the child who
belongs to a minority group or who is indigenous;

(e) Encourage the development of appropriate guidelines for the protection of the child from
information and material injurious to his or her well-being, bearing in mind the provisions of
articles 13 and 18.

Article 18

1. States Parties shall use their best efforts to ensure recognition of the principle that both
parents have common responsibilities for the upbringing and development of the child. Parents
or, as the case may be, legal guardians, have the primary responsibility for the upbringing and
development of the child. The best interests of the child will be their basic concern.

2. For the purpose of guaranteeing and promoting the rights set forth in the present Convention,
States Parties shall render appropriate assistance to parents and legal guardians in the
performance of their child-rearing responsibilities and shall ensure the development of
institutions, facilities and services for the care of children.

3. States Parties shall take all appropriate measures to ensure that children of working parents
have the right to benefit from child-care services and facilities for which they are eligible.

Article 19

1. States Parties shall take all appropriate legislative, administrative, social and educational
measures to protect the child from all forms of physical or mental violence, injury or abuse,
neglect or negligent treatment, maltreatment or exploitation, including sexual abuse, while in
the care of parent(s), legal guardian(s) or any other person who has the care of the child.

2. Such protective measures should, as appropriate, include effective procedures for the
establishment of social programmes to provide necessary support for the child and for those
 who have the care of the child, as well as for other forms of prevention and for identification,
reporting, referral, investigation, treatment and follow-up of instances of child maltreatment
described heretofore, and, as appropriate, for judicial involvement.

Article 20

1. A child temporarily or permanently deprived of his or her family environment, or in whose

own best interests cannot be allowed to remain in that environment, shall be entitled to special
protection and assistance provided by the State.

2. States Parties shall in accordance with their national laws ensure alternative care for such a
child.

3. Such care could include, inter alia, foster placement, kafalah of Islamic law, adoption or if
necessary placement in suitable institutions for the care of children. When considering
solutions, due regard shall be paid to the desirability of continuity in a child's upbringing and to
the child's ethnic, religious, cultural and linguistic background.

Article 21

States Parties that recognize and/or permit the system of adoption shall ensure that the best
interests of the child shall be the paramount consideration and they shall:

(a) Ensure that the adoption of a child is authorized only by competent authorities who
determine, in accordance with applicable law and procedures and on the basis of all pertinent
and reliable information, that the adoption is permissible in view of the child's status concerning
parents, relatives and legal guardians and that, if required, the persons concerned have given
their informed consent to the adoption on the basis of such counselling as may be necessary;

(b) Recognize that inter-country adoption may be considered as an alternative means of child's
care, if the child cannot be placed in a foster or an adoptive family or cannot in any suitable
manner be cared for in the child's country of origin;

(c) Ensure that the child concerned by inter-country adoption enjoys safeguards and standards
equivalent to those existing in the case of national adoption;

(d) Take all appropriate measures to ensure that, in inter-country adoption, the placement does
not result in improper financial gain for those involved in it;

(e) Promote, where appropriate, the objectives of the present article by concluding bilateral or
multilateral arrangements or agreements, and endeavour, within this framework, to ensure that
the placement of the child in another country is carried out by competent authorities or organs.

Article 22

1. States Parties shall take appropriate measures to ensure that a child who is seeking refugee
status or who is considered a refugee in accordance with applicable international or domestic
law and procedures shall, whether unaccompanied or accompanied by his or her parents or by
any other person, receive appropriate protection and humanitarian assistance in the enjoyment
of applicable rights set forth in the present Convention and in other international human rights
or humanitarian instruments to which the said States are Parties.

2. For this purpose, States Parties shall provide, as they consider appropriate, co-operation in
any efforts by the United Nations and other competent intergovernmental organizations or non-
governmental organizations co-operating with the United Nations to protect and assist such a
child and to trace the parents or other members of the family of any refugee child in order to
obtain information necessary for reunification with his or her family. In cases where no parents
or other members of the family can be found, the child shall be accorded the same protection as
any other child permanently or temporarily deprived of his or her family environment for any
reason , as set forth in the present Convention.

Article 23

1. States Parties recognize that a mentally or physically disabled child should enjoy a full and
decent life, in conditions which ensure dignity, promote self-reliance and facilitate the child's
active participation in the community.

2. States Parties recognize the right of the disabled child to special care and shall encourage and
ensure the extension, subject to available resources, to the eligible child and those responsible
for his or her care, of assistance for which application is made and which is appropriate to the
child's condition and to the circumstances of the parents or others caring for the child.

3. Recognizing the special needs of a disabled child, assistance extended in accordance with
paragraph 2 of the present article shall be provided free of charge, whenever possible, taking
into account the financial resources of the parents or others caring for the child, and shall be
designed to ensure that the disabled child has effective access to and receives education,
training, health care services, rehabilitation services, preparation for employment and recreation
opportunities in a manner conducive to the child's achieving the fullest possible social
integration and individual development, including his or her cultural and spiritual development

4. States Parties shall promote, in the spirit of international cooperation, the exchange of
appropriate information in the field of preventive health care and of medical, psychological and
functional treatment of disabled children, including dissemination of and access to information
concerning methods of rehabilitation, education and vocational services, with the aim of
enabling States Parties to improve their capabilities and skills and to widen their experience in
these areas. In this regard, particular account shall be taken of the needs of developing
countries.

Article 24

1. States Parties recognize the right of the child to the enjoyment of the highest attainable
standard of health and to facilities for the treatment of illness and rehabilitation of health. States
Parties shall strive to ensure that no child is deprived of his or her right of access to such health
care services.

2. States Parties shall pursue full implementation of this right and, in particular, shall take
appropriate measures:

(a) To diminish infant and child mortality;

(b) To ensure the provision of necessary medical assistance and health care to all children with
emphasis on the development of primary health care;

(c) To combat disease and malnutrition, including within the framework of primary health care,
through, inter alia, the application of readily available technology and through the provision of
adequate nutritious foods and clean drinking-water, taking into consideration the dangers and
risks of environmental pollution;

(d) To ensure appropriate pre-natal and post-natal health care for mothers;

(e) To ensure that all segments of society, in particular parents and children, are informed, have
access to education and are supported in the use of basic knowledge of child health and
nutrition, the advantages of breastfeeding, hygiene and environmental sanitation and the
prevention of accidents;

(f) To develop preventive health care, guidance for parents and family planning education and
services.

3. States Parties shall take all effective and appropriate measures with a view to abolishing
traditional practices prejudicial to the health of children.

4. States Parties undertake to promote and encourage international co-operation with a view to
achieving progressively the full realization of the right recognized in the present article. In this
regard, particular account shall be taken of the needs of developing countries.

Article 25

States Parties recognize the right of a child who has been placed by the competent authorities
for the purposes of care, protection or treatment of his or her physical or mental health, to a
periodic review of the treatment provided to the child and all other circumstances relevant to his
or her placement.

Article 26

1. States Parties shall recognize for every child the right to benefit from social security,
including social insurance, and shall take the necessary measures to achieve the full realization
of this right in accordance with their national law.

2. The benefits should, where appropriate, be granted, taking into account the resources and the
circumstances of the child and persons having responsibility for the maintenance of the child, as
well as any other consideration relevant to an application for benefits made by or on behalf of
the child.

Article 27

1. States Parties recognize the right of every child to a standard of living adequate for the child's
physical, mental, spiritual, moral and social development.
 2. The parent(s) or others responsible for the child have the primary responsibility to secure,
within their abilities and financial capacities, the conditions of living necessary for the child's
development.

3. States Parties, in accordance with national conditions and within their means, shall take
appropriate measures to assist parents and others responsible for the child to implement this
right and shall in case of need provide material assistance and support programmes, particularly
with regard to nutrition, clothing and housing.

4. States Parties shall take all appropriate measures to secure the recovery of maintenance for
the child from the parents or other persons having financial responsibility for the child, both
within the State Party and from abroad. In particular, where the person having financial
responsibility for the child lives in a State different from that of the child, States Parties shall
promote the accession to international agreements or the conclusion of such agreements, as well
as the making of other appropriate arrangements.

Article 28

1. States Parties recognize the right of the child to education, and with a view to achieving this
right progressively and on the basis of equal opportunity, they shall, in particular:

(a) Make primary education compulsory and available free to all;

(b) Encourage the development of different forms of secondary education, including general
and vocational education, make them available and accessible to every child, and take
appropriate measures such as the introduction of free education and offering financial assistance
in case of need;

(c) Make higher education accessible to all on the basis of capacity by every appropriate means;

(d) Make educational and vocational information and guidance available and accessible to all
children;

(e) Take measures to encourage regular attendance at schools and the reduction of drop-out
rates.

2. States Parties shall take all appropriate measures to ensure that school discipline is
administered in a manner consistent with the child's human dignity and in conformity with the
present Convention.

3. States Parties shall promote and encourage international cooperation in matters relating to
education, in particular with a view to contributing to the elimination of ignorance and illiteracy
throughout the world and facilitating access to scientific and technical knowledge and modern
teaching methods. In this regard, particular account shall be taken of the needs of developing
countries.

Article 29

1. States Parties agree that the education of the child shall be directed to:
(a) The development of the child's personality, talents and mental and physical abilities to their
fullest potential;

(b) The development of respect for human rights and fundamental freedoms, and for the
principles enshrined in the Charter of the United Nations;

(c) The development of respect for the child's parents, his or her own cultural identity, language
and values, for the national values of the country in which the child is living, the country from
which he or she may originate, and for civilizations different from his or her own;

(d) The preparation of the child for responsible life in a free society, in the spirit of
understanding, peace, tolerance, equality of sexes, and friendship among all peoples, ethnic,
national and religious groups and persons of indigenous origin;

(e) The development of respect for the natural environment.

2. No part of the present article or article 28 shall be construed so as to interfere with the liberty
of individuals and bodies to establish and direct educational institutions, subject always to the
observance of the principle set forth in paragraph 1 of the present article and to the requirements
that the education given in such institutions shall conform to such minimum standards as may
be laid down by the State.

Article 30

In those States in which ethnic, religious or linguistic minorities or persons of indigenous origin
exist, a child belonging to such a minority or who is indigenous shall not be denied the right, in
community with other members of his or her group, to enjoy his or her own culture, to profess
and practise his or her own religion, or to use his or her own language.

Article 31

1. States Parties recognize the right of the child to rest and leisure, to engage in play and
recreational activities appropriate to the age of the child and to participate freely in cultural life
and the arts.

2. States Parties shall respect and promote the right of the child to participate fully in cultural
and artistic life and shall encourage the provision of appropriate and equal opportunities for
cultural, artistic, recreational and leisure activity.

Article 32

1. States Parties recognize the right of the child to be protected from economic exploitation and
from performing any work that is likely to be hazardous or to interfere with the child's
education, or to be harmful to the child's health or physical, mental, spiritual, moral or social
development.
2. States Parties shall take legislative, administrative, social and educational measures to ensure
the implementation of the present article. To this end, and having regard to the relevant
provisions of other international instruments, States Parties shall in particular:

(a) Provide for a minimum age or minimum ages for admission to employment;

(b) Provide for appropriate regulation of the hours and conditions of employment;

(c) Provide for appropriate penalties or other sanctions to ensure the effective enforcement of
the present article.

Article 33

States Parties shall take all appropriate measures, including legislative, administrative, social
and educational measures, to protect children from the illicit use of narcotic drugs and
psychotropic substances as defined in the relevant international treaties, and to prevent the use
of children in the illicit production and trafficking of such substances.

Article 34

States Parties undertake to protect the child from all forms of sexual exploitation and sexual
abuse. For these purposes, States Parties shall in particular take all appropriate national,
bilateral and multilateral measures to prevent:

(a) The inducement or coercion of a child to engage in any unlawful sexual activity;

(b) The exploitative use of children in prostitution or other unlawful sexual practices;

(c) The exploitative use of children in pornographic performances and materials.

Article 35

States Parties shall take all appropriate national, bilateral and multilateral measures to prevent
the abduction of, the sale of or traffic in children for any purpose or in any form.

Article 36

States Parties shall protect the child against all other forms of exploitation prejudicial to any
aspects of the child's welfare.

Article 37

States Parties shall ensure that:

(a) No child shall be subjected to torture or other cruel, inhuman or degrading treatment or
punishment. Neither capital punishment nor life imprisonment without possibility of release
shall be imposed for offences committed by persons below eighteen years of age;
 (b) No child shall be deprived of his or her liberty unlawfully or arbitrarily. The arrest,
detention or imprisonment of a child shall be in conformity with the law and shall be used only
as a measure of last resort and for the shortest appropriate period of time;

(c) Every child deprived of liberty shall be treated with humanity and respect for the inherent
dignity of the human person, and in a manner which takes into account the needs of persons of
his or her age. In particular, every child deprived of liberty shall be separated from adults unless
it is considered in the child's best interest not to do so and shall have the right to maintain
contact with his or her family through correspondence and visits, save in exceptional
circumstances;

(d) Every child deprived of his or her liberty shall have the right to prompt access to legal and
other appropriate assistance, as well as the right to challenge the legality of the deprivation of
his or her liberty before a court or other competent, independent and impartial authority, and to
a prompt decision on any such action.

Article 38

1. States Parties undertake to respect and to ensure respect for rules of international
humanitarian law applicable to them in armed conflicts which are relevant to the child.

2. States Parties shall take all feasible measures to ensure that persons who have not attained the
age of fifteen years do not take a direct part in hostilities.

3. States Parties shall refrain from recruiting any person who has not attained the age of fifteen
years into their armed forces. In recruiting among those persons who have attained the age of
fifteen years but who have not attained the age of eighteen years, States Parties shall endeavour
to give priority to those who are oldest.

4. In accordance with their obligations under international humanitarian law to protect the
civilian population in armed conflicts, States Parties shall take all feasible measures to ensure
protection and care of children who are affected by an armed conflict.

Article 39

States Parties shall take all appropriate measures to promote physical and psychological
recovery and social reintegration of a child victim of: any form of neglect, exploitation, or
abuse; torture or any other form of cruel, inhuman or degrading treatment or punishment; or
armed conflicts. Such recovery and reintegration shall take place in an environment which
fosters the health, self-respect and dignity of the child.

Article 40

1. States Parties recognize the right of every child alleged as, accused of, or recognized as
having infringed the penal law to be treated in a manner consistent with the promotion of the
child's sense of dignity and worth, which reinforces the child's respect for the human rights and
fundamental freedoms of others and which takes into account the child's age and the desirability
of promoting the child's reintegration and the child's assuming a constructive role in society.
2. To this end, and having regard to the relevant provisions of international instruments, States
Parties shall, in particular, ensure that:

(a) No child shall be alleged as, be accused of, or recognized as having infringed the penal law
by reason of acts or omissions that were not prohibited by national or international law at the
time they were committed;

(b) Every child alleged as or accused of having infringed the penal law has at least the
following guarantees:

(i) To be presumed innocent until proven guilty according to law;

(ii) To be informed promptly and directly of the charges against him or her, and, if appropriate,
through his or her parents or legal guardians, and to have legal or other appropriate assistance in
the preparation and presentation of his or her defence;

(iii) To have the matter determined without delay by a competent, independent and impartial
authority or judicial body in a fair hearing according to law, in the presence of legal or other
appropriate assistance and, unless it is considered not to be in the best interest of the child, in
particular, taking into account his or her age or situation, his or her parents or legal guardians;

(iv) Not to be compelled to give testimony or to confess guilt; to examine or have examined
adverse witnesses and to obtain the participation and examination of witnesses on his or her
behalf under conditions of equality;

(v) If considered to have infringed the penal law, to have this decision and any measures
imposed in consequence thereof reviewed by a higher competent, independent and impartial
authority or judicial body according to law;

(vi) To have the free assistance of an interpreter if the child cannot understand or speak the
language used;

(vii) To have his or her privacy fully respected at all stages of the proceedings.

3. States Parties shall seek to promote the establishment of laws, procedures, authorities and
institutions specifically applicable to children alleged as, accused of, or recognized as having
infringed the penal law, and, in particular:

(a) The establishment of a minimum age below which children shall be presumed not to have
the capacity to infringe the penal law;

(b) Whenever appropriate and desirable, measures for dealing with such children without
resorting to judicial proceedings, providing that human rights and legal safeguards are fully
respected. 4. A variety of dispositions, such as care, guidance and supervision orders;
counselling; probation; foster care; education and vocational training programmes and other
alternatives to institutional care shall be available to ensure that children are dealt with in a
manner appropriate to their well-being and proportionate both to their circumstances and the
offence.
 Article 41

Nothing in the present Convention shall affect any provisions which are more conducive to the
realization of the rights of the child and which may be contained in:

(a) The law of a State party; or

(b) International law in force for that State.