CHAPTER 10

The Professional Teachers: Conformers of Legal and Constitutional Mandates

There are ethical and legal complexities that teachers face in the practice of teaching
profession. This is one big challenge for teachers. The professional teachers are
obligated at all times to model the virtues of integrity, diligence, responsibility and
respect for the law, for self, for others, and for human life.

Intended Learning Outcome (ILO)

• Apply existing laws in the practice of professional teaching.

INTRODUCTION

Ethics and law are major concerns that come along with the teachers’ role as facilitators
of learning. These two big words are part of the teachers’ curricula and relationship with
students. It is the fundamental obligation of teachers to convey to their students that
they are legally and morally bound to one another. Teachers on the other hand carry the
ethical and legal burden in their discharge of their duties and responsibilities as teachers.

Teaching is a very challenging profession. Everyday teaching experience requires ethical

and legal teaching. Knowledge and practice of the law, Code of Ethics for Teachers and
Republic Acts definitely help teachers avoid and solve legal and ethical issues. Ethics and
law are interrelated. Ethics refers to system or code of morality embraced by a particular
person or group. It is a moral principle which determines the rightness or wrongness of
particular acts or activities. Law, however, is a written rule that members of the
community must follow. The law is a system or practice of rules recognized as binding by
community especially resulted from decrees by the governing authority.

Teachers as molders of the minds of young people are guided by law and ethics in the
various courses of their actions as professionals.

THE MAGNA CARTA FOR PUBLIC SCHOOL TEACHERS

I. DECLARATION OF POLICY COVERAGE

Sec. 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 terms of employment and career prospects in order
their living and that they may compare favorably with existing opportunities in other
walk in order that they walks of life, attract and retain in the teaching production more
people with the proper qualification of life, attract and retain , it being recognized that
advance in education depends on the qualifications and ability being recognized staff
and that education is an essential factor in the economic growth of the teaching nation
as a productive investment of vital importance.

Sec, 2. Title Definition. This act shall be known as the "magna carta for public
school "teachers" and shall apply to all public school teachers except those in the
professorial staff of state colleges and universities.

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

II. RECRUITMENT AND CAREER

Sec. 3. Recruitment And Qualification. Recruitment policy with respect to the

selection and appointment of teachers shall be clearly defined by the department of
education: provided, however, that effective upon the approval of this act, the following
shall constitute the minimum educational qualifications for teacher-applicants:

(a) for teachers in the kindergarten and elementary grades, bachelor's degree in
elementary education (b.s.e.ed.);

(b) for teachers of 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 of 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 of specialization;

Provided, further, that in the absence of applicants who possess the minimum
educational as hereinabove 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, preference in making
appointments shall be in the order of their respective ranks in said 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.

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

Sec. 5. Tenure Of Office. Stability on 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.

Sec. 6. Consent For Transfer Transportation Expenses. Except for cause and as
herein otherwise provided, no teacher shall be transferred without his consent from one
station to another. Where the exigencies of the service require the transfer of a teacher
from one station to another, such transfer may be 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.

Sec. 7. Code Of Professional Conduct For 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.

Sec. 8. Safeguards In Disciplinary Procedure. Every teacher shall enjoy equitable

safeguards at each stage of any disciplinary procedure and shall have:
 A. The right to be informed, in writing, of the charges;
B. The right to full access to the evidence in the case;
C. The right to defend himself and to be defended by a representative of his choice
and or by his organization, adequate time being given to the teacher for the
preparation of his defense; and
D. The right lo appeal to clearly designated authorities. No publicity shall given to
any disciplinary action being taken against a teacher during the pendency of his
case.

Sec. 9. Administrative Charges. Administrative charges against a teacher shall be

heard initially by a committee composed of the corresponding school superintendent of
the division or a duly authorized representative who should at least have the rank of a
division supervisor, where the teacher belongs, as chairman, a representative of the local
or, in its absence, any existing provincial of 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 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.

Sec. 10. No Discrimination. There shall be no discrimination whatsoever in entrance

to the teaching profession, or during its exercise, or in the termination of services, based
on other than professional consideration.

Sec. 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.

Sec. 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

Sec. 13. Teaching Hours. 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 service so require, any teacher may be required 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.

Sec. 14. Additional Compensation. 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 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.

Sec. 15. Criteria For Salaries. Teacher’s salaries shall correspond to the following
criteria:

(a) They shall compare favorably with those paid in other occupations requiring
equivalent or similar qualifications, training and abilities;
 (b)They shall be such as to insure teachers a reasonable standard of life for
themselves and their families; and
(c) they shall be properly graded so as to recognize the fact that certain positions
require higher qualifications and greater responsibility than others: provided,
however, that the general salary scale shall be such that the relation between the
lowest and highest salaries paid in the profession will be of reasonable order.
Narrowing of the salary scale shall be achieved by raising the end of the salary
scales relative to the upper end.

Sec. 16. Salary Scale. Salary scales of teachers shall provide for a gradual progression
from a minimum to a 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.

Sec. 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.

Sec. 18. Cost Of Living Allowance. 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.

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

Sec. 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.

Sec. 21. Deductions Prohibited. No 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

Sec. 22. Medical Examination and Treatment. 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.

Sec. 23. Compensation For Injuries. Teachers shall be protected against the
consequences of employment in accordance with existing the effects of the physical and
nervous strain on the teacher’s health shall be recognized as a compensable
occupational in accordance with existing laws.
 V. LEAVE AND RETIREMENT BENEFITS

Sec. 24. Study Leave. In addition to the leave privileges now enjoyed by teachers in
the public schools, they shall be entitled to study leave not exceeding one school year
after seven years of service. Such leave shall be granted in accordance with a schedule
set by the department of education. During the period of such leave, the teachers shall
be entitled to at least sixty 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.

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

Sec. 26. Salary 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

Sec. 27. Freedom To Organize. Public school teachers shall have the right to freely
their without authorization both to establish and to join organizations of their choosing,
whether local or national to further and defend their interests.

Sec. 28. Discrimination Against Teachers Prohibited. 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 to
the condition that which are calculated to (a) make the employment of a teacher subject
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 to
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.

Sec. 29. National Organizations. 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

Sec. 30. Rules And Regulations. The secretary of education shall formulate and
prepare the necessary rules and regulations to implement the provisions of this act.
Rules and regulations issued pursuant to this section shall take effect thirty days after
publication in 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.

Sec. 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.

Sec. 32. Penal Provision. 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.

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

Sec. 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. Sec. 35. This act shall take effect upon its approval.

Approved: June 18, 1966

TITLE V THE FAMILY CODE

Chapter 1. The Family As An Institution

Art. 149. The family, being the foundation of the nation, is a basic social institution which
public policy cherishes and protects. Consequently, family relations are governed by law
and no custom, practice or agreement destructive of the family shall recognized or given
effect. (216a, 218a)

Art. 150. Family relations include those:

(1)Between husband and wife;

(2)Between parents and children;
(3)Among other ascendants and descendants; and
(4)Among brothers and sisters, whether of the full or half blood. (217a)

Art. 151. No suit between members of the same family shall prosper unless it should
appear from the verified complaint or petition that earnest efforts toward a compromise
have been made, but that the same have failed. If it is shown that no such efforts were in
fact made, the case must be dismissed.

This rule shall not apply to cases which may not be the subject of compromise under the
civil code. (222a)

Chapter 2. The Family Home

Art. 152. The family home, constituted jointly by the husband and the wife or by an
unmarried head of a family, is the dwelling house where they and their family reside, and
the land on which it is situated. (223a)

Art. 153. The family home is deemed constituted on a house and lot from the time it is as
a family residence. From the time of its constitution and so long as any of its
beneficiaries actually resides therein, the family home continues to be such and is
exempt from execution, forced sale or attachment except as hereinafter provided and to
the extent of the value allowed by law. (223a)

Art. 154. The beneficiaries of a family home are:

(1)The husband and wife, or an unmarried person who is the head of a family; and
(2)Their parents, ascendants, descendants, brothers and sisters, whether the
relationship be legitimate or illegitimate, who are living in the family home and
who depend upon the head of the family for legal support. (226a)

Art. 155. The family home shall be exempt from execution, forced sale or attachment
except:

(1)For nonpayment of taxes;

(2)For debts incurred prior to the constitution of the family home;
(3)Debts secured by mortgages on the premises before or after such constitution;
(4) for debts due to laborers, mechanics, architects, builders, materialmen and others
who have rendered service or furnished material for the construction of the
building. (243a)
Art. 156. The family home must be part of the properties of the absolute community or
the conjugal partnership, or of the exclusive properties of either spouse with the latter’s
consent. It may also be constituted by an unmarried head of a family on his or her own
property. Nevertheless, property that is the subject of a conditional sale on installments
where ownership is reserved by the vendor only to guarantee payment of the purchase
price may be constituted as a family home. (227a, 228a)

Art. 157. The actual value of the family home shall not exceed, at the time of its
constitution, the amount of three hundred thousand pesos in urban areas, and two
hundred thousand pesos in rural areas, or such amounts as may hereafter be fixed by
law. In any event, if the value of the currency changes after the adoption of this code,
the value most favorable for the constitution of a family home shall be the basis of
evaluation. For purposes of this article, urban areas are deemed to include chartered
cities and municipalities whose annual income at least equals that legally required for
chartered cities. All others are deemed to be rural areas. (231a)

Art. 158. The family home may be sold, alienated, donated, assigned or encumbered by
the owner or owners thereof with the written consent of the person constituting the
same, the latter’s spouse, and a majority of the beneficiaries of legal age. In case of
conflict, the court shall decide. (235a)

Art. 159. The family home shall continue despite the death of one or both spouses or of
the unmarried head of the family for a period of ten years or for as long as there is a
minor beneficiary, and the heirs cannot partition the same unless the court finds
compelling reasons therefor. This rule shall apply regardless of whoever owns the
property or constituted the family home. (238a)

Art. 160. When a creditor whose claim is not among those mentioned in article 155
obtains a judgment in his favor, and he has reasonable grounds to believe that the family
home is actually worth more than the maximum amount fixed in article 157, he may
apply to the court which rendered the judgment for an order directing the sale of the
property under execution. The court shall so order if it finds that the actual value of the
family home exceeds the maximum amount allowed by law as of the time of its
constitution. If the increased actual value exceeds the maximum allowed in article 157
and results from subsequent voluntary improvements introduced by the person son or
persons constituting the family home, by the owner or owners of the property, or by any
of the beneficiaries, the same rule and procedure shall apply.

At the execution sale, no bid below the value allowed for a family home shall be
considered The proceeds shall be applied first to the amount mentioned in article 157,
and considered Habilities under the judgment and the costs. The excess, if any, shall be
delivered to the judgment debtor. (247a, 248a)

Art. 161. For purposes of availing of the benefits of a family home as provided for in this
chapter, a person may constitute, or be the beneficiary of, only one family home. (n)

Art. 162. The provisions in this chapter shall also govern existing family residences
insofar as said provisions are applicable. (n)

TITLE VI PATERNITY AND FILIATION

Chapter 1. Legitimate Children

Art. 163. The filiation of children may be by nature or by adoption. Natural filiation may
be legitimate or illegitimate. (n)

Art. 164. Children conceived or born during the marriage of the parents are legitimate.
Children conceived as a result of artificial insemination of the wife with the sperm f the
husband or that of a donor or both are likewise legitimate children of the husband and
his wife, provided that both of them authorized or ratified such insemination in a written
instrument executed and signed by them before the birth of the child. The instrument
shall be in the civil registry together with the birth certificate of the child. (255a, 258a)
Art. 165. Children conceived and born outside a valid marriage are illegitimate, unless
otherwise provided in this code. (n)

Art. 166. Legitimacy of a child may be impugned only on the following grounds:

(1)That it was physically impossible for the husband to have sexual with his wife
within the first 120 days of the 300 days which immediately preceded the birth of
the child because of:
(a) The incapacity of the husband to have sexual intercourse with his wife;
(b)The fact that the and wife were living separately in such a way that sexual
intercourse was not possible; or
(c) serious illness of the husband, which absolutely prevented sexual
intercourse;
(2)That it is proved that for biological or other scientific reasons, the child could not
have been that of the husband, except in the instance provided in the second
paragraph of article 164; or
(3)That in case of children conceived through artificial insemination, that written
authorization or ratification of either parent was obtained through mistake, fraud,
violence, intimidation, or undue influence. (255a)

Art. 167. The child shall be considered legitimate although the mother may have
declared against its legitimacy or may have been sentenced as an adulteress. (256a)

Art. 168. If the marriage is terminated and the mother contracted another marriage
within three hundred days after such termination of the former marriage, these rules
shall govern in the absence of proof to the contrary:

(1)A child born before one hundred eighty days after the solemnization of the
subsequent marriage is considered to have been conceived the former marriage,
provided it be born within three hundred days after the termination of the former
marriage;
(2)A child born after one hundred eighty days following the celebration of the
subsequent marriage is considered to have been conceived during such marriage,
even though it be born within the three hundred after the /termination of the
former marriage. (259a)

Art. 169. The legitimacy or illegitimacy of a child born after three hundred days following
the termination of the marriage shall be proved by whoever alleges such legitimacy of
illegitimacy. (261a)

Art. 170. The action to impugn the legitimacy of the child shall be brought within one
year from the knowledge of the birth or its recording in the civil register, if the husband
or, in a proper case, any of his heirs, should reside in the city or municipality where the
birth took place or was recorded. If the husband or, in his default, all of his heirs do not
reside at the place of birth as defined in the first paragraph or where it was recorded, the
period shall be two years if they should reside in the Philippines; and three years if
abroad. If the birth of the child has been concealed from or was unknown to the husband
or his heirs, the period shall be counted from the discovery or knowledge of the birth of
the child or of the fact of registration of said birth, whichever is earlier. (263a)

Art. 171. The heirs of the husband may impugn the filiation of the child within the period
prescribed in the preceding article only in the following cases:
(1)If the husband should die before the expiration of the period fixed for bringing his
action;
(2)If he should die after the filing of the complaint without having desisted therefrom;
or
(3)If the child was born after the death of the husband (262a)

Chapter 2. Proof Of Filiation

Art. 172. The filiation of legitimate children is established by any of the following:
(1)The record of birth appearing in the civil registrar or a final judgment; or
 (2)An admission of legitimate filiation in a public document or a private handwritten
instrument and signed by the parent concerned.
(3)In the absence of the foregoing evidence, the legitimate filiation shall be proved
by:
(1)The open and continuous possession of the status of a legitimate child; or
(2)Any other means allowed by the rules of court and special laws. (265a, 266a,
267a)
173. The action to claim legitimacy may be brought by the his or her Lifetime and shall
be transmitted to the heirs should the child die during minority or in the insanity. In these
cases, the heirs shall have a period of five years within which finest the action. The
action already commenced by the child shall survive notwithstanding the death of either
or both of the parties. (268a)
Art. 174. Legitimate children shall have the right:
(1)To bear the surnames of the father and the mother, in conformity with the
provisions of the civil code on surnames;
(2)to receive support from their parents, their ascendants, and in proper cases, their
brothers and sisters, in conformity with the provisions of this code on support; and
(3)To be entitled to the legitime and other successional rights granted to them by the
civil code. (264a)

Chapter 3. Illegitimate Children

Art. 175. Illegitimate children may establish their illegitimate filiation in the same way
and on the same evidence as legitimate children. The action must be brought within the
same period specified in article 173, except when the action is based on the second
paragraph of article 172, in which case the action may be brought during the lifetime of
the alleged parent. (289a)
Art. 176. Illegitimate children shall use the surname and shall be under the parental
authority of their mother, and shall be entitled to support in conformity with this code.
The legitime of each illegitimate child shall consist of one half of the legitime of a
legitimate child. (287a)
Chapter 4. Legitimated Children
Art. 177. Only children conceived and born outside of wedlock of parents who, at the
time of the conception of the former, were not disqualified by any impediment to marry
each other may be legitimated. (269a)
Art. 178. Legitimation shall take place by a subsequent valid marriage between parents.
The annulment of a voidable marriage shall not affect the legitimation. (270a)
Art. 179. Legitimated children shall enjoy the same rights as legitimate children.(272a)
Art. 180. The effects of legitimation shall retroact to the time of the child s birth. (273a)
Art. 181. The legitimation of children who died before the celebration of the marriage
shall benefit their descendants. (274) Five years from the time their cause of action
accrues. (275a)
Art. 182. Legitimation may be impugned only by those who are prejudiced in their rights
TITLE VII ADOPTION
Art. 183. A person of age and in possession of full civil capacity and legal rights may
adopt, provided he is in a position to support and care for his children, legitimate or
illegitimate, keeping with the means of the family. Only minors may be adopted, except
in the cases when the adoption of a person of majority age is allowed in this title. In
addition, the adopter must be at least sixteen years older than the person to be adopted,
unless the adopter is the parent by nature of the adopted, or is the spouse of the
legitimate parent of the person to be adopted. (27a, eo 91 and pd 603)
Art. 184. The following persons may not adopt:
(1)The guardian with respect to the ward prior to the approval of the final accounts
rendered upon the termination of their guardianship relation;
(2)Any person who has been convicted of a crime involving moral turpitude;
(3)An alien, except:
(a) A former filipino citizen who seeks to adopt a relative by consanguinity;
(b)One who seeks to adopt the legitimate child of his or her filipino spouse; or
(c) one who is married to a filipino citizen and seeks to adopt jointly with his
 or her spouse ,A relative by consanguinity of the latter. Aliens not included in
the foregoing exceptions may adopt filipino children in accordance with the
rules on inter country adoption as may be provided by law. (28a, eo 91 and
pd 603)

Art. 185. Husband and wife must jointly adopt, except in the following cases:

(1)When one spouse seeks to adopt his own illegitimate child; or

(2)When one spouse seeks to adopt the legitimate child of the other. (29a, eo 91 and
pd 603)

Art. 186. In case husband and wife jointly adopt or one spouse adopts the legitimate
child of the other, joint parental authority shall be exercised by the spouses in
accordance with this code. (29a, eo 91 and pd 603)

Art. 187. The following may not be adopted:

(1)A person of legal age, unless he or she is a child by nature of the adopter or his or
her spouse, or, prior to the adoption, said person had been consistently considered
and treated by the adopter as his or her own child during minority.
(2)An alien with whose government the republic of the Philippines has no diplomatic
relations; and
(3)A person who has already been adopted unless such adoption has been previously
revoked or rescinded. (30a, eo 91 and pd 603)

Art. 188. The written consent of the following to the adoption shall be necessary:

(1)The person to be adopted, if ten years of age or over;

(2)The parents by nature of the child, the legal guardian, or the proper government
instrumentality;
(3)The legitimate and adopted children, ten years of age or over, of the adopting
parent or parents;
(4)The illegitimate children, ten years of age or over, of the adopting parent, if living
with said parent and the latter’s spouse, if any; and
(5) the spouse, if any, of the person adopting or to be adopted. (31a, eo 91 and pd
603)

Art. 189. Adoption shall have the following effects:

(1)For civil purposes, the adopted shall be deemed to be a legitimate child of the
adopters and both shall acquire the reciprocal rights and obligations arising from
the relationship of parent and child, including the right of the adopted to use the
surname of the adopter,
(2)The parental authority of the parents by nature over the adopted shall terminate
and be in the adopters, except that if the adopter is the spouse of the parent by
nature of the adopted, parental authority over the adopted shall be exercised
jointly by both spouses; and
(3)The adopted shall remain an intestate heir of his parents and other blood relatives.
(39(1) A, (2)a, (3)a, pd 603)

Art. 190. Legal or intestate succession to the estate of the adopted shall be governed by
the following rules:

(1)Legitimate and illegitimate children and descendants and the surviving spouse of
the adopted shall inherit from the adopted, in accordance with the ordinary rules of
legal or intestate succession;
(2)When the parents, legitimate or illegitimate, or the legitimate ascendants of the
adopted concur with the adopters, they shall divide the entire estate, one half to
be inherited by the parents or ascendants and the other half, by the adopters;
(3)When the surviving spouse or the illegitimate children of the adopted concur with
the adopters, they shall divide the entire estate in equal shares, one half to be
inherited by the spouse or the illegitimate children of the adopted and the other
half, by the adopters;
 (4)When the adopters concur with the illegitimate children and the surviving spouse
of the adopted, they shall divide the entire estate in equal shares, one third to be
inherited by illegitimate children, one third by the surviving spouse, and one third
by the adopters;
(5)When only the adopters survive, they shall inherit the entire estate; and (6) when
only collateral blood relatives of the adopted survive, then the ordinary rules of
legal or intestate succession shall apply. (39(4)a, pd 603)

Art. 191. If the adopted is a minor or otherwise incapacitated, the adoption may be
judicially rescinded upon petition of any person authorized prescribed for proper
government instrumentality acting on his behalf, on the same grounds prescribed for
loss or suspension of parental authority. If the adopted is at least eighteen years of age,
he may petition for judicial rescission of the adoption on the same grounds prescribed for
disinheriting an ascendant (40a, pd 603)

Art. 192. The adopters may petition the court for the judicial rescission of the adoption in

Any of the following cases:

(1)If the adopted has committed any act constituting a ground for disinheriting a
descendant;
(2)When the adopted has abandoned the home of the adopters during minority for at
least one or year, or, by some other acts, has definitely repudiated the adoption.
(41a, pd 603)

Art. 193. If the adopted minor has not reached the age of majority at the time of the
judicial rescission of the adoption, the court in the same proceeding shall reinstate the
parental authority of the parents by nature, unless the latter are disqualified or
incapacitated, in which case the court appoint a guardian over the person and property
of the minor. If the adopted person is physically or mentally handicapped, the court shall
appoint in the same proceeding a guardian over his person or property or both. Judicial
rescission of the adoption shall extinguish all reciprocal rights and obligations between
the adopters and the adopted arising from the relationship of parent and child. The
adopted shall likewise lose the right to use the surnames of the adopters and shall
resume his surname prior to the adoption. The court shall accordingly order the
amendment of the records in the proper registries. (42a, pd 603)

TITLE VIII SUPPORT

Art. 194. Support comprises everything indispensable for sustenance, dwelling, clothing,
medical attendance, education and transportation, in keeping with the financial capacity
of the family. The education of the person entitled to be supported referred to in the
preceding paragraph shall include his schooling or training for some profession, trade or
vocation, even beyond the age of majority. Transportation shall include expenses in going
to and from school, or to and from place of work. (290a)

Art. 195. Subject to the provisions of the succeeding articles, the following are obliged to
support each other to the whole extent set forth in the preceding article:

(1)The spouses;
(2)Legitimate ascendants and descendants:
(3)Parents and their legitimate children and the legitimate and Latter, illegitimate
children of the
(4)Parents and their illegitimate children and the legitimate and illegitimate children
of the latter; and
(5)legitimate brothers and sisters, whether of the full or half blood. (291a)

Art. 196. Brothers and sisters not legitimately related, whether of the full or half blood,
are likewise bound to support each other to the full extent set forth in article 194, except
only when the need for support of the brother or sister, being of age, is due to a cause
imputable to the claimant’s fault or negligence. (291a)
Art. 197. Case of legitimate ascendants; descendants, whether legitimate or illegitimate,
and brothers and sisters, whether legitimately or illegitimately related, only the separate
property of the person obliged to give support shall be answerable provided that in case
the obligor has no separate property, the absolute community or the conjugal
partnership, if financially capable, shall advance the support, which shall be deducted
from the share of the spouse obliged upon the liquidation of the absolute community or
of the conjugal partnership. (n)

Art. 198. During the proceedings for legal separation or for annulment of marriage, and
for declaration of nullity of marriage, the spouses and their children shall be supported
from the properties of the absolute community or the conjugal partnership. After final
judgment granting the petition, the obligation of mutual support between the spouses
ceases. However, in case of legal separation, the court may order that the guilty spouse
shall give support to the innocent spouse, specifying the terms of such order. (292a)

Art. 199. Whenever two or more persons are obliged to give support, the liability shall
devolve upon the following persons in the order herein provided:

(1)The spouse;
(2)The descendants in the nearest degree;
(3)The ascendants in the nearest degree; and
(4)The brothers and sisters. (294a)

Art. 200. When the obligation to give support falls upon two or more persons, the
payment of the same shall be divided between them in proportion to the resources of
each.

However, in case of urgent need and by special circumstances, the judge may order only
one of them to furnish the support provisionally, without prejudice to his right to claim
from the other obligors the share due from them.

When two or more recipients at the same time claim support from one and the same
person legally obliged to give it, should the latter not have sufficient means to satisfy all
claims, the order established in the preceding article shall be followed, unless the
concurrent obliges should be the spouse and a child subject to parental authority, in
which case the child be preferred. (295a)

Art. 201. The amount of support, in the cases referred to in articles 195 and 196, shall be
in proportion to the resources or means of the giver and to the necessities of the
recipient. (296a)

Art. 202. Support in the cases referred to in the preceding article shall be reduced or
proportionately, according to the reduction or increase of the necessities of the recipient
and the or means of the person obliged to furnish the same. (297a)

Art. 203. The obligation to give support shall be demandable from the time the person
who has a right to receive the same needs it for maintenance, but it shall not be paid
except from the date of judicial or extrajudicial demand. Support pendente lite may be
claimed in accordance with the rules of court.

Payment shall be made within the first five days of each corresponding month, or when
the recipient dies, his heirs shall not be obliged to return what he has received in
advance. (298a)

Art. 204. The person obliged to give support shall have the option to fulfill the obligation
either by paying the allowance fixed, or by receiving and maintaining in the family
dwelling the person who has a right to receive support. The latter alternative cannot be
availed of in case there is a moral or legal obstacle thereto. (299a)

Art. 205. The right to receive support under this title as well as any money or property
obtained as such support shall not be levied upon on attachment or execution. (302a)
Art. 206. When, without the knowledge of the obliged to give support, it is given by a
stranger, the latter shall have a right to claim the same from the former, unless it
appears that he gave it without any intention of being reimbursed. (2164a)

Art. 207. When the person obliged to support another unjustly refuses or fails to give
support when urgently needed by the latter, any third person may furnish support to the
needy individual, with a right of reimbursement from the person obliged to give support.
This article shall particularly apply when the father or mother of a child under the age of
majority unjustly refuses to support or fails to give support to the child when urgently
needed. (2166a)

Art. 208. In case of contractual support or that given by will, the excess in amount
beyond that required for legal support shall be subject to levy on attachment or
execution. Furthermore, contractual support shall be subject to adjustment whenever
modification is necessary due to changes in circumstances manifestly beyond the
contemplation of the parties. (n)

TITLE IX PARENTAL AUTHORITY

Chapter 1. General Provisions

Art. 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)

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

Art. 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 toward their parents and are obliged to obey them as long as the
children are under parental authority. (311a)

Art. 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)

Art. 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) No child under seven years of age shall be separated from the
mother, unless the court finds compelling reasons to order otherwise.

Art. 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)

Art. 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

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

(1) The surviving grandparent, as provided in art. 214;

(2) the oldest brother or sister, over twenty one years of age, unless unfit or
disqualified; and
 (3) The child’s actual custodian, over twenty one years of age, unless unfit or
disqualified.

Whenever the appointment of a judicial guardian over the property of the child becomes
necessary, the same order of preference shall be observed. (349a, 351a, 354а).

Art. 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)

Art. 218. The school, its administrators and teachers, or the individual, entity or
institution engaged in child care shall have special parental authority and responsibility
mover 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)

Art. 219. Those given the authority and responsibility under the preceding article shall be
principally and solidarity 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 3. Effect Of Parental Authority Upon The Of The Children

Art. 220. The parents and those exercising parental authority shall have with respect to
their unemancipated children or wards the following rights and duties:

(1)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;
(2)To give them love and affection, advice and counsel, companionship and
understanding;
(3)To provide them with moral and spiritual guidance, inculcate in them honestly,
integrity, self discipline, reliance, industry and thrift, their interest in civic affairs,
and inspire in them compliance with the duties of citizenship;
(4)To enhance, protect, preserve and maintain their physical and mental health at all
times;
(5)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;
(6)To represent them in all matters affecting their interests;
(7)To demand from them respect and obedience;
(8)To impose discipline on them as may be required under the circumstances; and
(9)To perform such other duties as are imposed by law upon parents and guardians.
(316a)

Art. 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)

Art. 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 require. (317)

Art. 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 deem just and proper. (318a)

Art. 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 home 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. (319a)

Chapter 4. Effect Of Parental Authority Upon The Property Of The Children

Art. 225. The father and the mother shall jointly exercise legal guardianship over the
property of their unemancipated common child without the necessity of a court
appointment. In case of disagreement, the father’s decision shall prevail, unless there is
a judicial order to the contrary.

Where the market value of the property or the annual income of the child exceeds
P50,000, the parent concerned shall be required to furnish a bond in such amount as the
court may determine, but not less than ten per centum (10%) of the value of the
property or annual income, to guarantee the performance of the obligations prescribed
for general guardians. A verified petition for approval of the bond shall be filed in the
proper court of the place where the child resides, or, if the child resides in a foreign
country, in the proper court of the place where the property or any part thereof is
situated. The petition shall be docketed as a summary special proceeding in which all
incidents and issues regarding the performance of the obligations referred to in the
second paragraph of this article shall be heard and resolved. The ordinary rules on
guardianship shall be merely supplicatory except when the child is under substitute
parental authority, or the guardian is a stranger, or a parent has remarried, in which case
the ordinary rules on guardianship shall apply. (320a)

Art. 226. The property of the unemancipated child earned ог acquired with his work or
industry or by onerous or gratuitous title shall belong to the child in ownership and shall
be devoted exclusively to the latter’s support and education, unless the title or transfer
provides otherwise.

The right of the parents over the fruits and income of the child’s property shall be limited
Primarily to the child’s support enthuses and daily to the collective daily needs of the
family. (321a, 323a)

Art. 227. If the parents entrust the management or administration of any of their proper
The than unemancipated child, the net proceeds of such property shall belong to the
owner. The child shall be given a reasonable only allowance in an amount not less than
that which the owner would have paid if the ministration were a stranger, unless the
owner grants the entire proceeds to the child in any case, the proceeds thus given in
whole or in part shall not be charged to the child’s legitime. (3228)

Chapter 5. Suspension Or Termination Of Parental Authority

Art. 228. Parental authority terminates permanently:

(1)Upon the death of the parents;

(2)the death of the child, or
(3)Upon emancipation of the child. (3278)

Art. 229. Unless subsequently revived by a final judgment, parental authority also
terminates:

(1)Adoption of the child,

(2)Upon appointment of a general guardian,
 (3)Upon judicial declaration of abandonment of the child in a case filed for the
purpose;
(4)upon final judgment of a competent court divesting the party concerned of
parental authority; or
(5) upon judicial declaration of absence or incapacity of the person exercising
parental authority. (327a)

Art. 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. (3308)

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

(1)Treats the child with excessive harshness or cruelty;

(2)Gives the child corrupting orders, counsel or example;
(3)Compels the child to beg; or
(4)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 ceased and will not be repeated. (332a) if
the content an authority revived in a case.

Art. 232. If the person exercising parental authority has subjected the child or allowed
him to be subjected (10) sexual abuse, such person shall be subjected the child of
allowed him such authority. (n)

Art. 233. The person exercising substitute parental authority shall have the same
authority son of the child as the parents. Over the person in no case shall the school
administrator, teacher or individual engaged in child care exercising special parental
authority inflict corporal punishment upon the child. (n)

EDUCATION ACT OF 1982

1. GENERAL PROVISIONS

CHAPTER 1

Preliminary Matters

Section 1. Title. This Act shall be known as the “Education Act of 1982.”

Sec. 2. Coverage. This Act shall apply to and govern both formal and non-formal systems
in public and private schools in all levels of the entire educational system

CHAPTER 2

Declaration of Basic State Policy and Objectives

Sec. 3. Declaration of Basic Policy. It is the policy of the State to established and maintain
a complete, adequate and integrated system of education relevant to the goals of
national development. Toward this end, the government shall ensure, within the context
of a free and democratic system, maximum contribution of the educational system to the
attainment of the following national developmental goals:

1. To achieve and maintain an accelerating rate of economic development and

social progress;
2. To ensure the maximum participation of all the people in the attainment and
enjoyment of the benefits of such growth; and
 3. To achieve and strengthen national unity and consciousness and preserve,
develop and promote desirable cultural, moral and spiritual values in a
changing world.

The State shall promote the right of every individual to relevant quality education,
regardless of sex, age, creed, socio-economic status, physical and mental conditions,
racial or ethnic origin, political or other affiliation. The State shall therefore promote and
maintain equality of access to education as well as the enjoyment of the benefits of
education by all its citizens 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.

Sec. 4. Of The educational system aim to:

1. Provide for a broad general education that will assist each individual 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 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, the duties of citizenship, and develop moral character, personal discipline, and
scientific, technological, and vocational efficiency.

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 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

Sec. 5. Declaration of Policy and Objectives. It is likewise declared government policy to

foster, at all times, a spirit of shared purposes and cooperation among the members and
elements of the educational community, and between the community and other sectors
of society, in the realization that only in such an atmosphere can be true goals and
objectives of education be fulfilled.

Moreover, the State shall:

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.
Sec. 6. Definition and Coverage. “Educational community” y” refers to those persons or
groups of persons as such or associated in institutions involved in organized teaching the
members and elements of the educational community are: library

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.

Sec. 7. Community Participation. Every educational institution shall provide for the
establishment of appropriate bodies through which the members of the educational
community may discuss relevant issues, and communicate information and suggestions
for assistance and support of the school and for the promotion of their common interest.
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

Sec. 8. Rights of Parents. In addition to other rights under existing laws, all parents who
have children enrolled in a school have the following rights:

1. The right to organize by themselves and/or with teachers for the purpose of
providing a forum for the discussion of matters relating to the total school
program, and for ensuring the full cooperation of parents and teachers in the
formulation and efficient implementation of such programs
2. The right to access to any official record directly relating to the children who are
under their parental responsibility.

Sec. 9. Right of 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 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.

Sec. 10. Rights of all School Personnel. In addition to other rights provided for by law, the
following rights shall be enjoyed by all school personnel:

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 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.

Sec. 11. Special Rights and/or Privileges of Teaching or Academic Staff. – Further to the
rights mentioned in the preceding Section, every member of the teaching or academic
staff shall enjoy the following rights and/or privileges:

1. The right to be free from compulsory assignments not related to their duties as
defined in their appointments or employment contracts, unless compensated
therefor, conformably to existing law.
2. The right to intellectual property consistent with applicable laws.
3. Teachers shall be deemed persons in authority when in the discharge of lawful
duties and responsibilities, and shall, therefore, be accorded due respect and
protection.
4. Teachers shall be accorded the opportunity to choose alternative career lines either
in school administration, in classroom teaching, or others, for purposes of career
advancement.

Sec. 12. Special Rights of School Administration. School administrators shall, in

accordance with existing laws, regulations and 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.

Sec. 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 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

CHAPTER 3

Duties and Obligations

Sec. 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. The members
and elements of the educational community are: library
2. "Parents" or guardians or the head of the institution or foster home which has
custody of the pupil or student.
3. "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.
4. "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.

Sec. 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
fellow students, the teaching and academic staff and other school personnel.
4. Participate actively in civic affairs and in the promotion of the general welfare,
particularly in the social, economic and cultural development of his community and
in the attainment of a just, compassionate and orderly society:
5. Exercise his rights responsibly in the knowledge that he is answerable for any
infringement or violation of the public welfare and of the rights of others.

Sec. 16. Teacher’s Obligations.

Every teacher shall:

 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.

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

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

personnel shall:

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

Sec. 19. Declaration of Policy. The State recognizes that formal education, or the school
system, in society’s primary learning system, and therefore the main instrument for the
achievement of the country’s educational goals and objectives.

Sec. 20. Definition. “Formal Educational” refers to the hierarchically structured and
chronologically graded learning organized and provided by the formal school system and
for which certification is required in order for the learner to progress through the grades
or move to higher levels. Formal education shall correspond to the following 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. Education. Post secondary schooling is higher education leading to a degree in a
specific or discipline.

Sec. 21. Objectives of Elementary Education. Are: The objectives of elementary

education

1. To provide the knowledge and develop the skills, attitudes, and values
essential to personal development and necessary for living in and
contributing to a developing and changing social milieu;
2. To provide learning experiences which increase the child’s awareness of and
responsiveness to the changes in and just demands of society and to prepare
him for constructive and effective involvement;
3. To promote and intensify the child’s knowledge of, identification with, and
love for the nation and the people to which he belongs; and
4. To promote work experiences which develop the child’s orientation to the
world of work and creativity and prepare himself to engage in honest and
gainful work.

Sec. 22. Objectives of Secondary Education. The objectives of secondary education are:

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.

Sec. 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 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

Sec. 24. Specialized Educational Service. The State further recognizes its

Responsibility to provide, within the context of the formal education system,

services to meet special needs of certain clientele. These specific types, which
shall be guided by the basic policies of the State embodied in the General
Provisions of this Act, include:
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

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

Sec. 26. Definition of Terms. The terms used in this 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.

Sec. 27. Recognition of Schools. The educational operations of schools shall be subject to
their prior authorization of the government, and shall be affected by recognition. In the
case of government operated schools, whether local, regional, or national, recognition of
educational programs and/or operations shall be deemed granted simultaneously with
establishment.

In all other case the rules and regulations governing recognition shall be prescribed and
enforced by the Ministry of Education, Culture and Sports defining therein who are
qualified to apply, providing for a permit system, stating the conditions for the grant of
recognition and for its cancellation and withdrawal, and providing for related matters.

Sec. 28. Effects of Recognition; Punishable Violations. Of recognition to a school shall

have the following effects: The issuance of a certificate

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.

Sec. 29. Voluntary Accreditation. The Ministry shall encourage programs of voluntary
accreditation for institution which desire to meet standards of quality over and above
minimum required for State recognition.

CHAPTER 4
Internal Organization of Schools

Sec. 30. Organization of Schools. Each school shall establish such internal organization
as will best enable it to carry out its academic and administrative functions, subject to
limitations provided by law. Each school establish such arrangements for the peaceful
settlement of disputes between or among the members of the educational community.

Sec. 31. Governing Board. Every government college or university as a tertiary institution
and every private school shall have a governing board pursuant to its charter or the
Corporation Code of the Philippines, as the case may be.

Sec. 32. Personnel Transactions. The terms and conditions of employment of personnel in
government schools shall be governed by the Civil Service, budgetary and compensation
laws and rules. In private schools, dispute arising from employer-employee relations shall
fall under the jurisdiction of the Ministry of Labor and Employment as provided for by law
regulations: Provided, That in view of the special employment status of the teaching and
academic non-teaching personnel, and their special roles in the advancement of
knowledge, standards set or promulgated jointly by the Ministry 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

Sec. 33. Declaration of Policy. It is hereby declared to be the policy of the State that the
national government shall contribute to the financial support of educational programs
pursuant to goals of education as declared in the Constitution. Towards this end, the
government shall:

1. Adopt measures to broaden access to education through financial assistance and

other forms of incentives to schools, teachers, pupils and students; and
2. Encourage and stimulate private support to education through, inter alia, fiscal and
other assistance measures.
A. FUNDING OF REPUBLIC SCHOOLS

Sec. 34. National Funds. Public school shall continue to be funded from national funds:
Provided, That local governments shall be encouraged to assume operation of local
public schools on the basis of national fund participation and adequate revenue sources
which may be assigned by the national government for the purpose.

Sec. 35. Financial Aid Assistance to Public Secondary Schools. The national government
shall extend financial aid and assistance to public secondary schools established and
maintained by local governments, including barangay high schools.

Sec. 36. Share of Local Government. Provinces, cities and municipalities and barangays
shall appropriate funds in their annual budgets for the operation and maintenance of
public secondary schools on the basis of national fund participation.

Sec. 37. Special Education Fund. The proceeds of the Special Education Fund accruing to
local governments shall be used exclusively for the purposes enumerated in Section 1 of
Republic Act No. 5447, and in accordance with rules and regulations issued by the
Ministry of Education, Culture and Sports and the Ministry of the Budget. Said proceeds
shall be considered a local fund and shall be subject to Presidential Decrees No. 477,
Presidential Decree No. 1375 and other applicable local budget laws and regulations.

Sec. 38. Tuition and other School Fees. Secondary and schools may charge tuition and
other school fees, in order to improve facilities or to accommodate more students.

Sec. 39. Income from other Sources. Government-supported educational institution may
receive grants, legacies, donations and gifts for purposes allowed by existing laws.
Furthermore, income generated from production activities and from auxiliary enterprises
may be retained and used for schools concerned in accordance with rules and
regulations jointly issued consistently with pertinent appropriation and budgetary laws
by the Ministry of the Budget, the Ministry of Education, Culture and Sports and the
Commission on Audit.

B. FUNDING OF PRIVATE SCHOOLS

Sec. 40. Funding of Private Schools. Private schools may be funded from their capital
investment or equity contributions, tuition fees and other school charges, grants, loans,
subsidies, passive investment income and income from other sources.

Sec. 41. Government Assistance. The government, in recognition of their complementary

role in the educational system, may provide aid to the programs of private schools in the
form of grants or scholarships, or loans from government financial institutions: Provided,
That such programs meet certain defined educational requirements and standards and
contribute to the attainment of national development goals.

Sec. 42. Tuition and Other Fees. Each private school shall determine its rate of tuition
and other school fees or charges. The rates and charges adopted by schools pursuant to
this provision shall be collectible, and their application or use authorized, subject to rules
and regulations promulgated by the Ministry of Education, Culture and Sports.

Sec. 43. Income from Other Sources. Any private school duly recognized by the
government, may receive any grant and legacy, donation, gift, bequest or devise from
any individual, institution, corporation, foundation, trust of philanthropic organization, or
research institution or organization as may be authorized by law. Furthermore, private
schools are authorized to engage any auxiliary enterprise to generate income primarily
to finance their educational operations and/or to reduce the need to increase students’
fees.

Sec. 44. Institutional Funds. The proceeds from tuition fees and other school charges, as
well as other income of schools, shall be treated as institutional funds. Schools may pool
their institutional funds, in whole or in part, under joint management for the purpose of
generating additional financial resources.

C. INCENTIVES TO EDUCATION

Sec. 45. Declaration of Policy. It is the policy of the State in the pursuit of its national
education development goals to provide an incentive program to encourage the
participation of the community in the development of the educational sector.

Sec. 46. Relating to School Property. Real property, such as lands, buildings and other
improvements thereon used actually, directly and exclusively for educational purposes
shall be subject to the real property tax based on an assessment of fifteen percent 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.

Sec. 47. Relating to Gifts or Donations to Schools. All gifts or donation in favor of any
school, college or university recognized by the Government shall not be subject to tax;
Provided, That such gifts or donations shall be for improvement of classrooms and
laboratory of library facilities, and shall not inure to the benefit of any officer, director,
official, or owner or owners of the school, or paid out as salary, adjustments or allowance
of any form or nature whatsoever, except in support of faculty and/or professorial chairs.

Sec. 48. Relating to Earnings from Established Scholarship Funds. All earnings from the
investment of any duly established scholarship fund of any school recognized by the
government, constituted from gifts to the school, and/or from contributions or other
resources assigned to said fund by the school, if said earnings are actually used to fund
additional scholarship grants to financially deserving students shall be exempt from tax
until the scholarship fund is fully liquidated, when the outstanding balance thereof shall
be subject to tax.

Sec. 49. School Dispersal Program. All gains realized from the sale, disposition or transfer
of property, real or personal, of any duly established private school, college or university,
in pursuance of a school dispersal program of the government or of the educational
institution as approved by the government, shall be considered exempt from tax if the
total proceeds of the sale are reinvested in a new or existing duly established school,
college, or university located in the dispersal site, within one (1) year from the date of
such sale, transfer or disposition; otherwise, all taxes due on the gains realized from the
transaction shall immediately become due and payable.

Sec. 50. Conversion to Educational Foundations. An educational institution may convert

itself into a non-stock, non-profit educational foundation, in accordance with the
implementing rules to be issued jointly by the Ministry of Education, Culture and Sport
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

Sec. 51. Government Assistance to Students. The government shall provide financial
assistance to financially disadvantaged and deserving students. Such assistance may be
in the form of State scholarships, grants-in-aid, assistance from the Educational Loan
Fund, or subsidized tuition rates in State colleges and universities. All the above and
similar assistance programs shall provide for reserve quotas for financially needed but
academically qualified students from the national cultural communities.

Sec. 52. Grant of Scholarship Pursuant to Existing Laws. Educational institutions shall be
encouraged to grant scholarships to students pursuant to the provisions of existing laws
and such scholarship measures as may hereafter be provided for by law.

Sec. 53. Assistance from the Private Sector. The private sector, especially educational
institutions, business and industry, shall be encouraged to grant financial assistance to
students, especially those undertaking research in the fields of science and technology
or in such projects as may be necessary within the context of national development.

IV. THE MINISTRY OF EDUCATION, CULTURE AND SPORTS

CHAPTER 1

General Provisions

Sec. 54. Declaration of Policy. The administration of the education system and, pursuant
to the provisions of the Constitution, the supervision and regulation of educational
institutions are hereby vested in the Ministry of Education, Culture and Sports, without
prejudice to the provisions of the charter of any state college and university.

Sec. 55. Organization. The Ministry shall be headed by the Minister of Education, Culture
and Sports who shall be assisted by one or more Deputy Ministers. The organization of
the Ministry shall consist of (a) the Ministry Proper composed of the immediate Office of
the Minister, and the Services of the Ministry, (b) the Board of Higher Education, which is
hereby established, (c) the Bureau of Elementary Education, the Bureau of Secondary
Education, the Bureau of Higher Education, the Bureau of Technical and Vocational
Education, and the Bureau of Continuing Education, which are hereby established, (d)
Regional offices and field offices, € 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 the National Museum, and the
Institute of National Language. Such of the above offices as are created or authorized to
be established under this provision, shall be organized and staffed and shall function,
subject to the approval of the President, upon recommendation of the Minister of
Education, Culture and Sports in consultation with the Presidential Commission on
Reorganization.

Sec. 56. The National Board of Education is hereby abolished, and its appropriations,
personnel, records, and equipment are hereby transferred to the Office of the Minister of
Education, Culture and Sports.

Sec. 57. Functions and Powers of the Ministry. The Ministry shall:

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;
5. Coordinate and work with agencies concerned with the educational and cultural
development of the national cultural communities; and
6. Recommend and study legislation proposed for adoption.

Sec. 58. Report to the Batasang Pambansa. The Minister of Education, Culture and Sports
shall make an annual report to the Batasang Pambansa on the implementation of the
national basic education plan, the current condition of the education programs, the
adequacy or deficiency of the appropriations and status of expenditures, the impact of
education on the different regions, the growth of enrollment, the adequacy of academic
facilities, the concentration of low income groups, or the supply of teaching and non-
teaching personnel, with such comments and appropriate recommendations thirty (30)
days before the opening of its regular session.

CHAPTER 2

Board of Higher Education

Sec. 59. Declaration of Policy. Higher education will be granted towards the provision of
better quality education, the development of middle and high-level manpower, and the
of research and extension 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.

Sec. 60. Organization of the Board of Higher Education. The Board of Higher Education is
reconstituted as an advisory body to the Minister of Education, Culture and Sports. The
Board shall be composed of a Deputy Minister of Education, Culture and Sports
designated as Chairman and four other members to be appointed by the President 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 for a term of three years; the third for a term of two years, and the fourth
for a term of one year. The Director of the Bureau of Higher Education shall participate in
the deliberation of the Board but without the right to vote. The Bureau of Higher
Education shall provide the Board with the necessary technical and staff support:
Provided, That the Board may create technical panels of experts in the various disciplines
as the need arises.

Sec. 61. Function of the Board of Higher Education. The Board shall:

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

Sec. 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.

Sec. 63. Bureau of Secondary Education. Functions: The Bureau shall perform the
following

1. Conduct studies and formulate, develop and evaluate programs and educational
standards for secondary education;
2. Develop curricular designs, prepare instructional materials, and prepare and
evaluate programs to update the quality of the teaching and non-teaching staff at
the secondary level;
3. Formulate guidelines to improve the secondary school physical plants and
equipment, and general management of these schools.

Sec. 64. Bureau of Technical and Vocational Education. The Bureau shall perform the
following:

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.

Sec. 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 library
5. Perform other functions provided for by law.

Sec. 66. Bureau of Continuing Education. As the main implementing arm of the non-
formal education programs of the Ministry, the Bureau shall provide learning programs or
activities that shall:

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

Sec. 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

Sec. 68. Penalty Clause. Any person upon conviction for an act in violation of 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. Chanrobles
virtual law library. If the act is committed by a school corporation, the school head
together with the person or persons responsible for the offense or violation shall be
equally liable.

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

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

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

Sec. 72. Repealing Clause. All laws or parts thereof inconsistent with any provision of this
Act shall be deemed repealed or modified, as the case may be.

Sec. 73. Effectivity. This Act shall take effect upon its approval.

REPUBLIC ACT NO. 10627

AN ACT REQUIRING ALL ELEMENTARY AND SECONDARY SCHOOLS TO ADOPT POLICIES TO

PREVENT AND ADDRESS THE ACTS OF BULLYING IN THEIR INSTITUTIONS

SECTION 1. Short Title. This Act shall be known as the “Anti-Bullying Act of 2013”

SEC. 2. Acts of Bullying. For purposes of this Act, “bullying” shall refer to any severe or
repeated use by one or more students of a written, verbal or electronic expression, or a
physical act or gesture, or any combination thereof, directed at another student that has
the effect of actually causing or placing the latter in reasonable fear of physical or
emotional harm or damage to his property; creating a hostile environment at school for
the other student; infringing on the rights of the other student at school; or materially
and substantially disrupting the education process or the orderly operation of a school;
such as, but not limited to, the following;

A. Any unwanted physical contact between the bully and the victim like punching,
pushing, shoving, kicking, slapping, tickling, headlocks, inflicting school pranks, teasing,
fighting and the use of available objects as weapons;

b. Any act that causes damage to a victim’s psyche and/or emotional well-being;

c. Any slanderous statement or accusation that causes the victim undue emotional
distress like directing foul language or profanity at the target, name-calling, tormenting
and commenting negatively on victim’s looks, clothes and body; and

d. Cyber-bullying or any bullying done through the use of technology or any electronic
means.

SEC. 3. Adoption of Anti-Bullying Policies. All elementary and secondary schools are
hereby directed to adopt policies to address the existence of bullying in their respective
institutions. Such policies shall be regularly updated and, at a minimum, shall include
provisions which:

(a) Prohibit following acts:

1. Bullying on school grounds; property immediately adjacent to school grounds; at
school-sponsored or school-related activities, or programs whether on or off school
grounds; at school bus stops; on school buses or other vehicles owned, leased or
used by a school; or through the use of technology or an electronic device owned,
leased or used by a school;
2. Bullying at a location, activity, function or program that is not school-related and
through the use of technology or an electronic device that is not owned, leased or
used by a school if the act or acts in question create a hostile environment at
school for the victim, infringe on the rights of the victim at school, or materially
and Substantially disrupt the education process or the orderly operation of a
school; and
3. Retaliation against a person who reports bullying, who provides information during
an investigation of bullying, or who is a witness to or has reliable information about
bullying;
(b)Identify the range of disciplinary administrative actions that may be
taken against a perpetrator for bullying or retaliation which shall be
commensurate with the nature and gravity of the offense: Provided,
 Ton which shall be con disciplinary sanctions imposed gravity upon a
perpetrator of bullying or retaliation, he/she shall also be required to
undergo a rehabilitation program which shall be administered by the
institution concerned. The parents of the said perpetrator shall be
encouraged by the said institution to join the Rehabilitation program;
(c) Establish clear procedures and strategies for:
(1)Reporting acts of bullying or retaliation;
(2)Responding promptly to and investigating reports of bullying or
retaliation;
(3)Restoring a sense of safety for a victim and assessing the
student’s need for protection;
(4) Protecting from bullying or retaliation of a person who reports
acts of bullying. Provides information during an investigation of
bullying, or is witness to or has Reliable information about an act
of bullying; and
(5) Providing counseling or referral to appropriate services for
perpetrators, victims and appropriate family members of said
students;

(d) Enable students to anonymously report bullying or retaliation: Provided, however,

That no disciplinary administrative action shall be taken against a perpetrator solely on
the basis of an anonymous report;

(e) Subject a student who knowingly makes a false accusation of bullying to disciplinary
administrative action;

(f) Educate students on the dynamics of bullying, the anti-bullying policies of the school
as well as the mechanisms of such school for the anonymous reporting of acts of bullying
or retaliation;

(g) Educate parents and guardians about the dynamics of bullying, the anti-bullying
policies of the school and how parents and guardians can provide support and reinforce
such policies at home; and

(h) Maintain a public record of relevant information and statistics on acts of or retaliation
in school: Provided, That the names of students who committed acts of bullying or
retaliation shall be strictly confidential and only made available to the school
administration, teachers directly responsible for the said students and parents or
guardians of students who are or have been victims of acts of bullying or retaliation.

All elementary and secondary schools shall provide students and their parents or
guardians a copy of the anti-bullying policies being adopted by the school. Such policies
shall likewise be included in the school’s student and/or employee handbook and shall be
conspicuously posted on the school walls and website, if there is any.

The Department of Education (DepED) shall include in its training programs, courses or
activities which shall provide opportunities for school administrators, teachers and other
employees to develop their knowledge and skills in preventing or responding to any
bullying act.

SEC. 4. Mechanisms to Address Bullying. The school principal or any person who holds a
comparable role shall be responsible for the implementation and oversight of policies
intended to address bullying. Any member of the school administration, student, parent
or volunteer shall immediately report any instance of bullying or act of retaliation
witnessed, or that has come to one’s attention, to the school principal or school officer or
person so designated by the principal to handle such issues, or both. Upon receipt of
such a report, the school principal or the designated school officer or person shall
promptly investigate. If it is determined that bullying or retaliation has occurred, the
school principal or the designated school officer or person shall:

(a)Notify the law enforcement agency if the school principal or designee believes that
criminal charges under the Revised Penal Code may be pursued against the perpetrator;
(b)Take appropriate disciplinary administrative action;

(c)Notify the parents or guardians of the perpetrator; and

(d)Notify the parents or guardians of the victim regarding the action taken to prevent any
further acts of bullying or retaliation. If an incident of bullying or retaliation involves
students from more than one school, the school first informed of the bullying or
retaliation shall promptly notify the appropriate administrator of the other school so that
both may take appropriate action.

SEC. 5. Reporting Requirement. All schools shall inform their respective schools division
superintendents in writing about the anti-bullying policies formulated within six (6)
months from the effectivity of this Act. Such notification shall likewise be an
administrative requirement prior to the operation of new schools.

Beginning with the school year after the effectivity of this Act, and every first week of the
start of the school year thereafter, schools shall submit a report to their respective
schools superintendents all relevant information and statistics on acts of bullying or
retaliation. The schools division superintendents shall compile these data and report the
same to the Secretary of the DepED who shall likewise formally transmit a
comprehensive report to the Committee on Basic Education of both the House of
Representatives and the Senate.

SEC. 6. Sanction for Noncompliance. In the rules and regulations to be implemented

pursuant to this Act, the Secretary of the DepED shall prescribe the appropriate
administrative sanctions on school administrators who shall fail to comply with the
requirements under this Act. In addition thereto, erring private schools shall likewise
suffer the penalty of suspension of their permits to operate.

SEC. 7. Implementing Rules and Regulations. Within ninety (90) days from the effectivity
of this Act, the DepED shall promulgate the necessary rules and regulations to
implement the provisions of this Act.

SEC. 8. Separability Clause. If, for any reason, any provision of this Act is declared to be
unconstitutional or invalid, the other sections or provisions hereof which are not affected
thereby shall continue to be in full force or effect.

SEC. 9. Repealing Clause. All laws, decrees, orders, rules and regulations or parts thereof
which are inconsistent with or contrary to the provisions of this Act are hereby repealed,
amended or modified accordingly.

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

This Act which originated in the House of Representatives was finally passed by the
House of Representatives and the Senate on June 5, 2013.

REPUBLIC ACT NO. 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.

(d)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 or diminish employment opportunities or otherwise
adversely affect said employee; the above acts would impair the
employee's rights or privileges under existing labor laws; or
(2)The above acts would result in an intimidating, hostile, or
offensive environment for the employee.
(e) 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;
(2)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
(3)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 or who cooperates in 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 sexual harassment. Towards this end, the
employer or head of office shall:

(f) Promulgate appropriate rules and regulations in consultation with and

jointly 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.

(g)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 liable for
damages arising from the acts of sexual harassment committed in the e; or 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) newspapers of general circulation.

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.