Batas pambansa bldg. 232 presentatio npdf

I. GENERAL PROVISIONS
CHAPTER 1
Preliminary Matters
Section 1. Title - This Act shall be known as the
"Education Act of 1982."
Section 2. Coverage - This Act shall apply to and govern both
formal and non-formal systems in public and private schools
in all levels of the entire educational system.

CHAPTER 2
Declaration of Basic State Policy and Objectives
Section 3. Declaration of Basic Policy - It is the policies
of the State to established and maintain a complete,
adequate and integrated system of education relevant
to the goals of national development. Toward this end,
the government shall ensure, within the context of a
free and democratic system, maximum contribution of
the educational system to the attainment of the
following national developmental goals:

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

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

The state shall promote the right of the nation's
cultural communities in the exercise of their right
to develop themselves within the context of their
cultures, customs, traditions, interest and belief,
and recognizes education as an instrument for
their maximum participation in national
development and in ensuring their involvement in
achieving national unity.

Section 4. Declaration of Objectives - The educational
system aim to:
1. Provide for a broad general education that will assist
each individuals in the peculiar ecology of his own
society, to
(a) attain his potentials as a human being;
(b) enhance the range and quality of individual
and group participation in the basic functions
of society; and
(c) acquire the essential educational foundation of
his development into a productive and versatile
citizen;

2. Train the nation's manpower in the middle-level skills
for national development;
3. Develop the profession that will provide leadership for
the nation in the advancement of knowledge for
improving the quality of human life; and
4. Respond effectively to changing needs and conditions
of the nation through a system of educational planning
and evaluation.

Towards the realization of these objectives, and
pursuant to the Constitution, all educational institutions
shall aim to inculcate love of country, teach the duties of
citizenship, and develop moral character, personal
discipline, and scientific, technological, and vocational
efficiency.

Furthermore, the educational system shall reach out to
educationally deprived communities, in order to give
meaningful reality to their membership in the national
society, to enrich their civic participation in the
community and national life, and to unify all Filipinos into
a free and just nation.

II. THE EDUCATIONAL COMMUNITY
CHAPTER 1
Preliminary Provisions
Section 5. Declaration of Policy and Objectives - It is likewise
declared government policy to foster, at all times, a spirit of shared
purposes and cooperation among the members and elements of the
educational community, and between the community and other
sectors of society, in the realization that only in such an atmosphere
can be true goals and objectives of education be fulfilled.

Moreover, the State shall:
1. Aid and support the natural right and duty of parents in
the rearing of the youth through the educational system.
2. Promote and safeguard the welfare and interest of the
students by defining their rights and obligations, according
them privileges, and encouraging the establishment of
sound relationships between them and the other members
of the school community.

3. Promote the social economic status of all school
personnel, uphold their rights, define their obligations, and
improve their living and working conditions and career
prospects.
4. Extend support to promote the viability of those
institutions through which parents, students and school
personnel seek to attain their educational goals.

Section 6. Definition and Coverage - "Educational
community" refers to those persons or groups of persons
as such or associated in institutions involved in organized
teaching and learning systems.
The members and elements of the educational community
are:
1. "Parents" or guardians or the head of the institution or
foster home which has custody of the pupil or student.

2. "Students," or those enrolled in and who regularly attend
and educational institution of secondary or higher level of a
person engaged in formal study. "Pupils," are those who
regularly attend a school of elementary level under the
supervision and tutelage of a teacher.
3 "School personnel," or all persons working for an
educational institution, which includes the following:

a. "Teaching or academic staff," or all persons engaged in
actual teaching and/or research assignments, either on
full-time or part-time basis, in all levels of the educational
system.
b. "School administrators," or all persons occupying policy
implementing positions having to do with the functions of
the school in all levels.

c. "Academic non-teaching personnel," or those persons
holding some academic qualifications and performing
academic functions directly supportive of teaching, such as
registrars, librarians, research assistants, research aides,
and similar staff.
d. "Non-academic personnel," or all other school personnel
not falling under the definition and coverage of teaching
and academic staff, school administrators and academic
non-teaching personnel.

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

Section 7. Community Participation. - Every educational
institution shall provide for the establishment of
appropriate bodies through which the members of the
educational community may discuss relevant issues, and
communicate information and suggestions for assistance
and support of the school and for the promotion of their
common interest.
Representatives from each subgroup of the educational
community shall sit and participate in these bodies, the
rules and procedures of which must be approved by them
and duly published.

CHAPTER 2
Rights
Section 8. Rights of Parents - In addition to other rights under existing
laws, all parents who have children enrolled in a school have the
following rights:
1. The right to organize by themselves and/or with teachers for the
purpose of providing a forum for the discussion of matters relating to the
total school program, and for ensuring the full cooperation of parents and
teachers in the formulation and efficient implementation of such
programs.
2. The right to access to any official record directly relating to the
children who are under their parental responsibility.

Section 9. Right of Students in School - In addition to other rights,
and subject to the limitation prescribed by law and regulations, and
student and pupils in all schools shall enjoy the following rights:
1. The right to receive, primarily through competent instruction,
relevant quality education in line with national goals and conducive
to their full development as person with human dignity.
2. The right to freely choose their field of study subject to existing
curricula and to continue their course therein up to graduation,
except in cases of academic deficiency, or violation of disciplinary
regulations.

3. The right to school guidance and counseling services for decisions and
selecting the alternatives in fields of work suited to his potentialities.
4. The right of access to his own school records, the confidentiality of
which the school shall maintain and preserve.
5. The right to the issuance of official certificates, diplomas, transcript of
records, grades, transfer credentials and other similar documents within
thirty days from request.
6. The right to publish a student newspaper and similar publications, as
well as the right to invite resource persons during assemblies, symposia
and other activities of similar nature.

7. The right to free expression of opinions and suggestions, and to
effective channels of communication with appropriate academic
channels and administrative bodies of the school or institution.
8. The right to form, establish, join and participate in organizations
and societies recognized by the school to foster their intellectual,
cultural, spiritual and physical growth and development, or to form,
establish, join and maintain organizations and societies for purposes
not contrary to law.
9. The right to be free from involuntary contributions, except those
approved by their own he organizations or societies.

Section 10. Rights of all School Personnel - In addition to other rights
provided for by law, the following rights shall be enjoyed by all school
personnel:
1. The right to free expression of opinion and suggestions, and to
effective channels of communication with appropriate academic and
administrative bodies of the school or institution.
2. The right to be provided with free legal service by the appropriate
government office in the case of public school personnel, and through
the school authorities concerned in the case of private school personnel,
when charged in an administrative, civil and/or criminal proceedings
by parties other than the school or regulatory authorities concerned for
actions committed directly in the lawful discharge of professional
duties and/or in defense of school policies.

3. The right to establish, join and maintain labor organizations
and/or professional and self-regulating organizations of their
choice to promote their welfare and defend their interests.
4. The right to be free from involuntary contributions except those
imposed by their own organizations.

Section 11. Special Rights and/or Privileges of Teaching or
Academic Staff - Further to the rights mentioned in the preceding
Section, every member of the teaching or academic staff shall
enjoy the following rights and/or privileges:
1. The right to be free from compulsory assignments not related to
their duties as defined in their appointments or employment
contracts, unless compensated therefor, conformably to existing
law.
2. The right to intellectual property consistent with applicable
laws.

3. Teachers shall be deemed persons in authority when in
the discharge of lawful duties and responsibilities, and
shall, therefore, be accorded due respect and protection.
4. Teachers shall be accorded the opportunity to choose
alternative career lines either in school administration, in
classroom teaching, or others, for purposes of career
advancement.

Section 12. Special Rights of School Administration - School
administrators shall, in accordance with existing laws,
regulations and policies of the Ministry of Education, Culture
and Sports, be accorded sufficient administrative discretion
necessary for the efficient and effective performance of their
functions.
School administrators shall be deemed persons in authority
while in the discharge of lawful duties and responsibilities, and
shall therefore be accorded due respect and protection.

Section 13. Rights of Schools - In addition to other rights
provided for by law, schools shall enjoy the following:
1. The right of their governing boards or lawful authorities to
provide for the proper governance of the school and to adopt
and enforce administrative or management systems.
2. The right for institutions of higher learning to determine on
academic grounds who shall be admitted to study, who may
teach, and what shall be subjects of the study and research.

CHAPTER 3
Duties and Obligations
Section 14. Duties of Parents. - In addition to those
provided for under existing laws, all parents shall have the
following duties and obligations:
1. Parents, individually or collectively, through the school
systems, shall help carry out the educational objectives in
accordance with national goals.

2. Parents shall be obliged to enable their children to
obtain elementary education and shall strive to enable
them to obtain secondary and higher education in the
pursuance of the right formation of the youth.
3. Parents shall cooperate with the school in the
implementation of the school program curricular and co-
curricular.

Section 15. Duties and Responsibilities of Students - In addition to
those provided for under existing laws, every student shall:
1. Exert his utmost to develop his potentialities for service,
particularly by undergoing an education suited to his abilities, in
order that he may become an asset to his family and to society.
2. Uphold the academic integrity of the school, endeavor to
achieve academic excellence and abide by the rules and
regulations governing his academic responsibilities and moral
integrity.

3. Promote and maintain the peace and tranquility of the school
by observing the rules and discipline, and by exerting efforts to
attain harmonious relationships with fellow students, the
teaching and academic staff and other school personnel.
4. Participate actively in civic affairs and in the promotion of the
general welfare, particularly in the social, economic and cultural
development of his community and in the attainment of a just,
compassionate and orderly society.
5. Exercise his rights responsibly in the knowledge that he is
answerable for any infringement or violation of the public
welfare and of the rights of others.

Section 16. Teacher's Obligations - Every teacher shall:
1. Perform his duties to the school by discharging his
responsibilities in accordance with the philosophy, goals, and
objectives of the school.
2. Be accountable for the efficient and effective attainment of
specified learning objectives in pursuance of national
development goals within the limits of available school
resources.
3. Render regular reports on performance of each student and
to the latter and the latter's parents and guardians with specific
suggestions for improvement.

4. Assume the responsibility to maintain and sustain his
professional growth and advancement and maintain
professionalism in his behavior at all times.
5. Refrain from making deductions in students' scholastic rating
for acts that are clearly not manifestations of poor scholarship.
6. Participate as an agent of constructive social, economic, moral,
intellectual, cultural and political change in his school and the
community within the context of national policies.

Section 17. School Administrators' Obligations - Every school
administrator shall:
1. Perform his duties to the school by discharging his
responsibilities in accordance with the philosophy, goals and
objectives of the school.
2. Be accountable for the efficient and effective administration and
management of the school.
3. Develop and maintain a healthy school atmosphere conducive to
the promotion and preservation of academic freedom and effective
teaching and learning, and to harmonious and progressive school-
personnel relationship.

4. Assume and maintain professional behavior in his work and in
dealing with students, teachers, academic non-teaching personnel,
administrative staff, and parents or guardians.
5. Render adequate reports to teachers, academic non-teaching
personnel and non-academic staff on their actual performance in
relation to their expected performance and counsel them on ways
of improving the same.
6. Observe due process, fairness, promptness, privacy,
constructiveness and consistency in disciplining his teachers and
other personnel.
7. Maintain adequate records and submit required reports to the
Ministry of Education, Culture and Sports.

Section 18. Obligations of Academic Non-Teaching Personnel -
Academic non-teaching personnel shall:
1. Improve himself professionally be keeping abreast of the
latest trends and techniques in his profession.
2. Assume, promote and maintain an atmosphere conducive
to service and learning.
3. Promote and maintain an atmosphere conducive to service
and learning.

III. THE EDUCATIONAL SYSTEMS
CHAPTER 1
Formal Education
Section 19. Declaration of Policy. - The State recognizes that
formal education, or the school system, in society's primary
learning system, and therefore the main instrument for the
achievement of the country's educational goals and objectives.

Section 20. Definition - "Formal Educational" refers to the
hierarchically structured and chronologically graded
learning organized and provided by the formal school
system and for which certification is required in order for
the learner to progress through the grades or move to higher
levels. Formal education shall correspond to the following
levels:
1. Elementary Education. - the first stage of compulsory,
formal education primarily concerned with providing basic
education and usually corresponding to six or seven grades,
including pre-school programs.

2. Secondary Education. - the state of formal education
following the elementary level concerned primarily with
continuing basic education and expanding it to include the
learning of employable gainful skills, usually corresponding to
four years of high school.
3. Tertiary Education. - post secondary schooling is higher
education leading to a degree in a specific profession or
discipline.

Section 21. Objectives of Elementary Education - The objectives
of elementary education are:
1. To provide the knowledge and develop the skills, attitudes,
and values essential to personal development and necessary for
living in and contributing to a developing and changing social
milieu;
2. To provide learning experiences which increase the child's
awareness of and responsiveness to the changes in and just
demands of society and to prepare him for constructive and
effective involvement;

3. To promote and intensify the child's knowledge of,
identification with, and love for the nation and the people
to which he belongs; and
4. To promote work experiences which develop the child's
orientation to the world of work and creativity and
prepare himself to engage in honest and gainful work.

Section 22. Objectives of Secondary Education. - The objectives
of secondary education are:
1. To continue to promote the objectives of elementary
education; and
2. To discover and enhance the different aptitudes and
interests of the students so as to equip him with skills for
productive endeavor and/or prepare him for tertiary
schooling.

Section 23. Objective of Tertiary Education. - The
objectives of tertiary education are:
1. To provide a general education program that will
promote national identity, cultural consciousness, moral
integrity and spiritual vigor;
2. To train the nation's manpower in the skills required
for national development;

3. To develop the professions that will provide leadership for
the nation; and
4. To advance knowledge through research work and apply
new knowledge for improving the quality of human life and
responding effectively to changing societal needs and
conditions.

CHAPTER 2
Non-Education and Specialized Educational Services
Section 24. Specialized Educational Service - The State further
recognizes its responsibility to provide, within the context of
the formal education system, services to meet special needs of
certain clientele. These specific types, which shall be guided
by the basic policies of the State embodied in the General
Provisions of this Act, include:

1. "Work Education," or "Practical Arts," as a program of basic
education which aims to develop the right attitudes towards
work; and "technical-vocational education," post-secondary
but non-degree programs leading to one, two, or three year
certificates in preparation for a group of middle-level
occupations.
2. "Special Education," the education of persons who are
physically, mentally, emotionally, socially, or culturally
different from the so-called "normal" individuals that they
require modification of school practices/services to develop
them to their maximum capacity; and

3. "Non-formal Education," any organized school-based
educational activities undertaken by the Ministry of Education,
Culture and Sports and other agencies aimed at attaining
specific learning objectives for a particular clientele, especially
the illiterates and the out-of-school youth and adults, distinct
from and outside the regular offerings of the formal school
system.
The objectives of non-formal education are as follows:
a. To eradicate illiteracy and raise the level of functional
literacy of the population;

b. To provide unemployed and underemployed youth and
adults with appropriate vocational/technical skills to enable
them to become more productive and effective citizens; and
c. To develop among the clientele of non-formal education
proper values and attitudes necessary for personal,
community and national development.

CHAPTER 3
Establishment of Schools
Section 25. Establishment of Schools - All schools shall be
established in accordance with law. The establishment of new
national schools and the conversion of existing schools from
elementary to national secondary or tertiary schools shall be by
law: Provided, That any private school proposed to be established
must incorporate as an non-stock educational corporation in
accordance with the provisions of the Corporation Code of the
Philippines. This requirement to incorporate may be waived in the
case of family-administered pre-school institutions.
Government assistance to such schools for educational programs
shall be used exclusively for that purpose.

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

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

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

Section 28. Effects of Recognition; Punishable Violations
- The issuance of a certificate of recognition to a school
shall have the following effects:
1. It transforms the temporary permit to a permanent
authority to operate;
2. It entitled the school or college to give the students
who have completed the course for which recognition
is granted, a certificate, title or diploma; and

3. It shall entitle the students who have graduated from
said recognized course or courses to all the benefits
and privileges enjoyed by graduates in similar courses
of studies in all schools recognized by the government.
Operation of schools and educational programs without
authorization, and/or operation thereof in violation of
the terms of recognition, are hereby declared
punishable violations subject to the penalties provided
in this Act.

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

CHAPTER 4
Internal Organization of Schools
Section 30. Organization of Schools - Each school shall
establish such internal organization as will best enable
it to carry out its academic and administrative functions,
subject to limitations provided by law.
Each school establishes such arrangements for the
peaceful settlement of disputes between or among the
members of the educational community.

Section 31. Governing Board - Every government
college or university as a tertiary institution and every
private school shall have a governing board pursuant
to its charter or the Corporation Code of the
Philippines, as the case may be.
Section 32. Personnel Transactions - The terms and
conditions of employment of personnel in government
schools shall be governed by the Civil Service,
budgetary and compensation laws and rules.

In private schools, dispute arising from employer-employee
relations shall fall under the jurisdiction of the Ministry of
Labor and Employment as provided for by law regulations:
Provided, That in view of the special employment status of
the teaching and academic non-teaching personnel, and their
special roles in the advancement of knowledge, standards set
or promulgated jointly by the Ministry of Education, Culture
and Sports and by the Ministry of Labor and Employment
shall be applied by the Ministry of Labor and Employment:
Provided, further, That every private school shall establish
and implement an appropriate system within the school for
the prompt and orderly settlement of provisions of Articles
262 and 263 of the Labor Code.

CHAPTER 5
School Finance and Assistance
Section 33. Declaration of Policy - It is hereby declared to
be the policy of the State that the national government
shall contribute to the financial support of educational
programs pursuant to goals of education as declared in
the Constitution. Towards this end, the government shall:

1. Adopt measures to broaden access to education through
financial assistance and other forms of incentives to
schools, teachers, pupils and students; and
2. Encourage and stimulate private support to education
through, inter alia, fiscal and other assistance measures.

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

Section 35. Financial Aid Assistance to Public Secondary
Schools - The national government shall extend financial
aid and assistance to public secondary schools
established and maintained by local governments,
including barangay high schools.
Section 36. Share of Local Government - Provinces, cities
and municipalities and barangays shall appropriate
funds in their annual budgets for the operation and
maintenance of public secondary schools on the basis of
national fund participation.

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

Section 38. Tuition and other School Fees - Secondary
and post-secondary schools may charge tuition and
other school fees, in order to improve facilities or to
accommodate more students.
Section 39. Income from other Sources - Government-
supported educational institution may receive grants,
legacies, donations and gifts for purposes allowed by
existing laws.

Furthermore, income generated from production
activities and from auxiliary enterprises may be
retained and used for schools concerned in
accordance with rules and regulations jointly issued
consistently with pertinent appropriation and
budgetary laws by the Ministry of the Budget, the
Ministry of Education, Culture and Sports and the
Commission on Audit.

B. FUNDING OF PRIVATE SCHOOLS
Section 40. Funding of Private Schools - Private schools
may be funded from their capital investment or equity
contributions, tuition fees and other school charges,
grants, loans, subsidies, passive investment income and
income from other sources.

Section 41. Government Assistance - The government, in
recognition of their complementary role in the
educational system, may provide aid to the programs of
private schools in the form of grants or scholarships, or
loans from government financial institutions: Provided,
That such programs meet certain defined educational
requirements and standards and contribute to the
attainment of national development goals.

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

Section 43. Income from Other Sources - Any private
school duly recognized by the government, may receive
any grant and legacy, donation, gift, bequest or devise
from any individual, institution, corporation,
foundation, trust of philanthropic organization, or
research institution or organization as may be
authorized by law.

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

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

C. INCENTIVES TO EDUCATION
Section 45. Declaration of Policy - It is the policy of the
State in the pursuit of its national education
development goals to provide an incentive program to
encourage the participation of the community in the
development of the educational sector.

Section 46. Relating to School Property - Real property,
such as lands, buildings and other improvements
thereon used actually, directly and exclusively for
educational purposes shall be subject to the real
property tax based on an assessment of fifteen per cent
of the market value of such property: Provided, That all
the proceeds from the payment thereof shall accrue to a
special private education fund which shall be managed
and disbursed by a local private school board which
shall be constituted in each municipality or chartered

city with private educational institutions with the
mayor or his representative as chairman and not more
than two representatives of the institutional taxpayers,
and, likewise, not more than two residents of the
municipality or chartered city who are alumni of any of
the institutional taxpayers as members: Provided,
further, That fifty percent of the additional one percent
tax on real estate property provided for under Republic
Act 5447, shall accrue to the special private education
fund: Provided, finally, That in municipalities or

chartered cities wherein the number of private institutions
with individual enrollment of pupils and students over five
thousand exceeds fifteen, the members of the private school
board shall be increased to not more than fourteen members
determined proportionately by the Minister of Education,
Culture and Sports. The private school board shall adopt its
own rules which shall enable it to finance the annual programs
and projects of each institutional taxpayer for the following
purposes; student-pupil scholarships; improvement of
instructional, including laboratory, facilities and/or equipment;
library books and periodicals acquisition; and extension service
in the community, in that order of priority.

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

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

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

Section 50. Conversion to Educational Foundations - An
educational institution may convert itself into a non-
stock, non-profit educational foundation, in accordance
with the implementing rules to be issued jointly by the
Ministry of Education, Culture and Sports and the
Ministry of Finance.

In the case of stock corporations, if for any reason its
corporate existence as an educational institution ceases
and is not renewed, all its net assets after liquidation of
the liabilities and other obligations may be conveyed
and transferred to any non-profit educational institution
or successor non-profit educational institution or to be
used in such manner as in the judgment of said court
will best accomplish the general purposes for which the
dissolved organization was organized, or to the State.

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

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

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

IV. THE MINISTRY OF EDUCATION, CULTURE AND
SPORTS
CHAPTER 1GENERAL PROVISIONS
Section 54. Declaration of Policy - The administration of
the education system and, pursuant to the provisions of
the Constitution, the supervision and regulation of
educational institutions are hereby vested in the
Ministry of Education, Culture and Sports, without
prejudice to the provisions of the charter of any state
college and university.

Section 55. Organization - The Ministry shall be headed
by the Minister of Education, Culture and Sports who
shall be assisted by one or more Deputy Ministers.
The organization of the Ministry shall consist of (a) the
Ministry Proper composed of the immediate Office of
the Minister, and the Services of the Ministry, (b) the
Board of Higher Education, which is hereby established,
(c) the Bureau of Elementary Education, the Bureau of
Secondary Education, the Bureau of Higher Education,
the Bureau of Technical

and Vocational Education, and the Bureau of Continuing
Education, which are hereby established, (d) Regional
offices and field offices, (e) the National Scholarship
Center and such other agencies as are now or may be
established pursuant to law, and (f) the cultural
agencies, namely: the National Library, the National
Historical Institute, the National Museum, and the
Institute of National Language. Such of the above offices
as are created or authorized to be established under
this provision, shall be organized and staffed and shall
function, subject to the approval of the President, upon
recommendation of the Minister of Education, Culture
and Sports in consultation with the Presidential
Commission on Reorganization.

Section 56. The National Board of Education is hereby
abolished, and its appropriations, personnel, records,
and equipment are hereby transferred to the Office of
the Minister of Education, Culture and Sports.
Section 57. Functions and Powers of the Ministry - The
Ministry shall:
1. Formulate general education objectives and policies,
and adopt long-range educational plans;
2. Plan, develop and implement programs and projects
in education and culture;

3. Promulgate rules and regulations necessary for the
administration, supervision and regulation of the
educational system in accordance with declared policy;
4. Set up general objectives for the school system;
5. Coordinate the activities and functions of the school
system and the various cultural agencies under it;

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

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

CHAPTER 2
BOARD OF HIGHER EDUCATION
Section 59. Declaration of Policy - Higher education will
be granted towards the provision of better quality
education, the development of middle and high-level
manpower, and the intensification of research and
extension services. The main thrust of higher education
is to achieve equity, efficiency, and high quality in the
institutions of higher learning both public and private,
so that together they will provide a complete set of
program offerings that meet both national and regional
development needs.

Section 60. Organization of the Board of Higher
Education - The Board of Higher Education is
reconstituted as an advisory body to the Minister of
Education, Culture and Sports. The Board shall be
composed of a Deputy Minister of Education, Culture
and Sports designated as Chairman and four other
members to be appointed by the President of the
Philippines upon nomination by the Minister of
Education, Culture and Sports for a term of four years.

The four members shall have distinguished themselves
in the field of higher education and development either
in the public or private sector. In the initial appointment
of the non-ex officio members, the first appointee shall
serve for a term of four years; the second for a term of
three years; the third for a term of two years; and the
fourth for a term of one year. The Director of the Bureau
of Higher Education shall participate in the deliberation
of the Board but without the right to vote. The Bureau of
Higher Education shall provide the Board with the
necessary technical and staff support: Provided, That
the Board may create technical panels of experts in the
various disciplines as the need arises.

Section 61. Function of the Board of Higher Education. -
The Board shall:
1. Make policy recommendations regarding the planning
and management of the integrated system of higher
education and the continuing evaluation thereof.
2. Recommend to the Minister of Education, Culture and
Sports steps to improve the governance of the various
components of the higher education system at national
and regional levels.

3. Assist the Minister of Education, Culture and Sports
in making recommendation relatives to the generation
of resources and their allocation for higher education.

CHAPTER 3
THE BUREAUS
Section 62. Bureau of Elementary Education - The
Bureau shall perform the following functions:
1. Conduct studies and formulate, develop, and
evaluate programs and educational standards for
elementary education;

2. Undertake studies necessary for the preparation of
prototype curricular designs, instructional materials,
and teacher training programs for elementary
education; and
3. Formulate guidelines to improve elementary school
physical plants and equipment, and general
management of these schools.

Section 63. Bureau of Secondary Education - The
Bureau shall perform the following functions:
1. Conduct studies and formulate, develop and evaluate
programs and educational standards for secondary
education;

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

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

3. Develop curricular designs and prepare instructional
materials, prepare and evaluate programs to upgrade
the quality of teaching and non-teaching staff, and
formulate guidelines to improve the physical plant and
equipment of post-secondary vocational-technical
schools.

Section 65. Bureau of Higher Education - The Bureau
of higher Education shall perform the following
functions:
1. Develop, formulate and evaluate programs, projects
and educational standards for a higher education;
2. Provide staff assistance to the Board of Higher
Education in its policy formulation and advisory
functions;
3. Provide technical assistance to encourage
institutional development programs and projects;

4. Compile, analyze and evaluate data on higher
education; and
5. Perform other functions provided for by law.

Section 66. Bureau of Continuing Education - As the
main implementing arm of the non-formal education
programs of the Ministry, the Bureau shall provide
learning programs or activities that shall:
1. Serve as a means of meeting the learning needs of
those unable to avail themselves of the educational
services and programs of formal education;

2. Provide opportunities for the acquisition of skills
necessary to enhance and ensure continuing
employability, efficiency, productivity, and
competitiveness in the labor market;
3. Serve as a means for expanding access to educational
opportunities to citizens of varied interests,
demographic characteristics and socio-economic
origins or status.

CHAPTER 4
REGIONAL OFFICES
Section 67. Functions - A regional office shall:
1. Formulate the regional plan of education based on the
national plan of the Ministry taking into account the
specific needs and special traditions of the region;

2. Implement education laws, policies, plans, programs,
rules and regulations of the Ministry or agency in the
regional area;
3. Provide economical, efficient and effective education
services to the people in the area.
If the act is committed by a school corporation, the
school head together with the person or persons
responsible for the offense or violation shall be equally
liable.

Section 69. Administrative Sanction - The Minister of
Education, Culture and Sports may prescribe and
impose such administrative sanction as he may deem
reasonable and V.

MISCELLANEOUS PROVISIONS
CHAPTER 1
PENAL ADMINISTRATIVE SANCTIONS
Section 68. Penalty Clause - Any person upon conviction
for an act in violation of Section 28, Chapter 3, Title III
above, shall be punished with a fine of not less than two
thousand pesos (P2,000.00) nor more than ten thousand
pesos (P10,000.00) or imprisonment for a maximum
period of two (2) years, or both, in the discretion of the
court.

appropriate in the implementing rules and regulations
promulgated pursuant to this Act for any of the following
causes:
1. Mismanagement of school operations;
2. Gross inefficiency of the teaching or non-teaching
personnel;
3. Fraud or deceit committed in connection with the
application for Ministry permit or recognition;

4. Failure to comply with conditions or obligations
prescribed by this Code or its implementing rules and
regulations; and
5. Unauthorized operation of a school or course, or any
component thereof, or any violation of the requirement
governing advertisements or announcements of
educational institutions.
Sanctions against the schools shall be without prejudice
to the interest of the students, teachers and employees.

CHAPTER 2
ADMINISTRATIVE PROVISIONS
Section 70. Rule-making Authority - The Minister
Education, Culture and Sports charged with the
administration and enforcement of this Act, shall
promulgate the necessary implementing rules and
regulations.
Section 71. Separability Provision - any part or
provision of this Act which may hold invalid or
unconstitutional shall not affect its remaining parts of
provisions.

Section 72. Repealing Clause - All laws or parts thereof
inconsistent with any provision of this Act shall be
deemed repealed or modified, as the case may be.
Section 73. Effectivity - This Act shall take effect upon
its approval.
Approved, September 11, 1982.

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