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PHILIPPINE LAWS, STATUTES AND CODES - CHAN ROBLES VIRTU LAW LIBRARY

A collection of Philippine laws, statutes and codes not included or cited in the main indices of the Chan Robles Virtual Law Library

This page features the full text of Batas Pambansa Bilang 232
"Education Act of 1982"
AN ACT PROVIDING FOR THE ESTABLISHMENT AND MAINTENANCE OF AN INTEGRATED SYSTEM OF EDUCATION. chan robles virtual law library

BATAS PAMBANSA BILANG 232

AN ACT PROVIDING FOR THE ESTABLISHMENT AND MAINTENANCE OF AN INTEGRATED SYSTEM OF EDUCATION. chan robles virtual law library chan robles virtual law library

I. GENERAL PROVISIONS CHAPTER 1 Preliminary Matters

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

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Act

of 1982."

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

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Sec. 3. Declaration of Basic Policy. It is the policy of the State to established and maintain a complete, adequate and integrated system of education relevant to the goals of national development. Toward this end, the government shall ensure, within the context of a free and democratic system, the goals: 1. To achieve and maintain an accelerating rate of economic development and social progress; 2. To ensure the maximum participation of all 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 economic or other of sex, age, creed, and State sociomental shall status, physical The the people in the attainment and enjoyment of the benefits of such growth; maximum contribution of the educational system to the attainment of following national developmental

conditions, racial or ethnic origin, political affiliation. therefore promote and maintain equality of

access

to

education

as

well

as

the

enjoyment of the benefits of education by all its citizens. chanrobles virtual law library The state shall promote the right of the nation's exercise cultural of their communities right to in the 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 unity.
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involvement

in

achieving

national

Sec.

4. Declaration of Objectives. The

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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 of his and the functions of society; and (c) acquire the essential educational foundation development into a productive versatile citizen; chanrobles virtual law library 2. Train the nation's skills manpower for in middle-level 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, shall aim all to educational institutions

national

inculcate love of country, teach the duties of citizenship, and develop moral character,

personal

discipline,

and

scientific,

technological, and vocational efficiency.

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Furthermore, the educational system shall reach out to educationally deprived communities, in order to give meaningful reality to their membership in the national society, to enrich their civic participation in the community and national life, and to unify all Filipinos into a free and just nation. II. THE EDUCATIONAL COMMUNITY CHAPTER 1 Preliminary Provisions
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Sec.

5. Declaration It is

of

Policy

and

Objectives.

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 can that be only true in such an and atmosphere goals

objectives of education be fulfilled. Moreover, the State shall:

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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, and of according them the privileges, establishment encouraging 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. of those

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4. Extend support to promote the viability institutions through which parents, students and school personnel seek to attain their educational goals. Sec. 6. Definition and Coverage.

"Educational community" refers to those persons or groups of persons as such or associated in institutions involved in organized teaching and learning systems. The members and elements
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of

the

educational community are:

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1. "Parents" or guardians or the head of the institution or foster home which has custody of the pupil or student. 2. "Students," or those enrolled in and who regularly attend and educational institution of secondary or higher level of a person engaged in formal study. "Pupils," are those who regularly attend a school of elementary level under the supervision and tutelage of a teacher. 3 "School working personnel," for an or or all persons educational
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institution, or all

which includes the following: a. "Teaching academic

staff,"

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 and some academic academic research similar qualifications such staff. d. "Non-academic personnel," or all other as performing librarians, aides, and

functions directly supportive of teaching, registrars, research assistants,

school personnel

not

falling

under

the

definition and coverage of teaching and academic staff, school administrators and academic non-teaching personnel. chanrobles
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4. "Schools," or institutions recognized by the State which undertake educational operations.chanrobles virtual law library Sec. 7. Community Participation. Every educational institution shall provide for the establishment through relevant which educational of the appropriate members may and bodies of the discuss

community issues,

communicate

information and suggestions for assistance and support of the school and for the promotion of their common interest.
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Representatives from each subgroup of the educational community shall sit and participate in these bodies, the rules and procedures of which must be approved by them and duly published.
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CHAPTER 2 Rights
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Sec. 8. Rights of Parents. In addition to other rights under existing laws, all parents who have children enrolled in a school have the following rights:
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1. The right to organize by themselves and/or with teachers for the purpose of providing a forum for the discussion of matters program, relating and to for the total school full ensuring the

cooperation of parents and teachers in the formulation and efficient implementation of such programs. 2. The right to access to any official record

directly relating to the children who are under their parental responsibility. Sec. 9. Right of Students in School. In addition to other rights, and subject to the limitation prescribed by law and regulations, and student and pupils in all schools shall enjoy the following rights:
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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 deficiency, regulations. 3. The right to school for guidance decisions and and counseling services their or course violation therein of up to graduation, except in cases of academic disciplinary

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. chanrobles virtual law library 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. chanrobles virtual law library 7. The right to free expression of opinions and suggestions, and to effective channels of communication channels with and appropriate administrative academic

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:
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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.chanrobles virtual law library 2. The right to be provided with free legal service office by in the the and appropriate case of through when government school school in an the the public

personnel, school

authorities concerned in the case of private personnel, by charged other administrative, proceedings civil parties and/or criminal than

school or regulatory authorities concerned for actions committed directly in the lawful discharge of professional duties and/or in defense of school policies. chanrobles virtual law
library

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. chanrobles virtual law library 4. The right to be free from involuntary contributions except those imposed by their own organizations. Sec. the 11. Special Rights and/or Privileges rights mentioned in the preceding

of Teaching or Academic Staff Further to 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 conformably or to employment compensated 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 contracts, therefor, unless

Administration.

School administrators

shall, in accordance with existing laws, regulations and policies of the Ministry of Education, Culture and Sports, be accorded sufficient performance administrative of their discretion functions. necessary for the efficient and effective
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School

administrators

shall

be

deemed

persons in authority while in the discharge of lawful duties and responsibilities, and shall therefore be accorded due respect and
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protection.

Sec. 13. Rights of Schools. In addition to other rights provided for by law, schools shall enjoy the following:
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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. chanrobles virtual law library

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. chanrobles virtual law library CHAPTER 3 Duties and Obligations
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Sec. 14. Duties of Parents. In addition to those provided for under existing laws, all parents shall have the following duties and obligations: 1. Parents,
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individually

or

collectively,

through the school systems, shall help carry out the educational objectives in accordance with national goals. 2. Parents shall be obliged to enable their children to obtain elementary education and shall strive to enable them to obtain secondary and higher education in the pursuance of the right formation of the youth. 3. Parents shall cooperate with the school in the implementation of the school program curricular and co-curricular. Sec. 15. Duties and Responsibilities of

Students. In addition to those provided for under existing laws, every student shall:
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1. Exert

his an

utmost

to

develop suited to

his his

potentialities for service, particularly by undergoing education abilities, in order that he may become an asset to his family and to society. chanrobles
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2. Uphold the academic integrity of the school, endeavor to achieve academic excellence and abide by the rules and regulations governing his academic responsibilities and moral integrity. chanrobles
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3. Promote and maintain the peace and

tranquility of the school by observing the rules and discipline, and by exerting efforts to attain harmonious relationships with fellow students, the teaching and academic staff and other school personnel. 4. Participate actively in civic affairs and in the promotion of the general welfare, particularly in the social, economic and cultural development of his community and in the attainment of a just, compassionate and orderly society. 5. Exercise his rights responsibly in the knowledge that he is answerable for any infringement or violation of the public welfare and of the rights of others. Sec. 16. Teacher's Obligations. Every
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teacher shall:

1. Perform his duties to the school by discharging his responsibilities in accordance with the philosophy, goals, and objectives of the school. chanrobles virtual law
library

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. chanrobles virtual law
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3. Render regular reports on performance of each student and to the latter and the latter's parents and guardians with specific suggestions for improvement. 4. Assume the responsibility to maintain and sustain his professional growth and advancement and maintain professionalism in his behavior at all times. 5. Refrain clearly from making deductions of in students' scholastic rating for acts that are not manifestations 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. shall: 17. School Administrators'

Obligations. Every school administrator

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1. Perform his duties to the school by discharging his responsibilities in accordance with the philosophy, goals and objectives of the school. chanrobles virtual law
library

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 schoolpersonnel relationship. chanrobles virtual law library 4. Assume and maintain professional behavior in his work and in dealing with students, teachers, academic non-teaching personnel, administrative staff, and parents or guardians. 5. Render adequate reports to teachers, academic non-teaching personnel and nonacademic staff on their actual performance in relation to their expected performance and counsel them on ways of improving the same. 6. Observe due process, fairness, promptness, privacy, constructiveness and consistency in disciplining his teachers and other personnel. 7. Maintain adequate records and submit required reports to the Ministry of Education, Culture and Sports. Sec. 18. Obligations Personnel. of Academic Academic Nonnon-

Teaching

teaching personnel shall: 1. Improve himself

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professionally

be

keeping abreast of the latest trends and techniques in his profession.

2. Assume,

promote

and

maintain

an and

atmosphere conducive to service learning. chanrobles virtual law library

3. Promote and maintain an atmosphere conducive to service and learning. chanrobles

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III. THE EDUCATIONAL SYSTEMS CHAPTER 1 Formal Education

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Sec. 19. Declaration of Policy. The State recognizes that formal education, or the school system, in society's primary learning system, and therefore the main instrument for the achievement of the country's educational goals and objectives.
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Sec. 20. Definition. "Formal Educational" refers to the hierarchically structured and chronologically graded learning organized and provided by the formal school system and for which certification is required in order for the learner to progress through the grades or move to higher levels. Formal education shall correspond to the following levels:
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1. Elementary Education. the first stage of compulsory, formal education primarily concerned with providing basic education and usually corresponding to six or seven grades, including pre-school programs. 2. Secondary Education. the state of formal education following the elementary level concerned primarily with continuing basic education and expanding it to include the learning of employable gainful skills, usually corresponding to four years of high school. 3. Tertiary Education. post secondary schooling is higher education leading to a degree in a specific profession or discipline.

Sec.

21. Objectives

of

Elementary

Education. The objectives of elementary education are:

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1. To provide the knowledge and develop the skills, attitudes, and values essential to personal development and necessary for living in and contributing to a developing and changing social milieu; 2. To provide learning experiences which increase the child's awareness of and responsiveness to the changes in and just demands of society and to prepare him for constructive and effective involvement; 3. To promote and intensify the child's knowledge of, identification with, and love for the nation and the people to which he belongs; and 4. To promote work experiences which develop the child's orientation to the world of work and creativity and prepare himself to engage in honest and gainful work. Sec. 22. Objectives of Secondary

Education. The objectives of secondary education are:

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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. chanrobles virtual law library Sec. 23. Objective of Tertiary Education. The are: objectives
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of

tertiary

education

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1. To provide a general education program that will promote national identity, cultural consciousness, moral integrity and spiritual vigor; 2. To train the nation's manpower in the skills required for national development; 3. To develop the professions that will

provide leadership for the nation; and 4. To advance knowledge through research work and apply new knowledge for improving the quality of human life and responding effectively to changing societal needs and conditions. CHAPTER 2 Non-Education and Specialized Educational Services
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Sec. 24. Specialized Educational Service. The State further to recognizes within its the responsibility provide,

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:
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1. "Work Education," or "Practical Arts," as a program of basic education which aims to develop the right attitudes towards work; and "technical-vocational education," postsecondary leading to but one, non-degree two, or programs 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 for a specific learning clientele, objectives particular

especially the illiterates and the out-ofschool youth and adults, distinct from and outside the regular offerings of the formal school system.

The objectives of non-formal education are as follows:

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a. To eradicate illiteracy and raise the level of functional literacy of the population; b. To provide unemployed youth and adults and with underemployed

appropriate vocational/technical skills to enable them to become more productive and effective citizens; and c. To develop among the clientele of nonformal attitudes education proper for values and necessary CHAPTER 3 Establishment of Schools
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personal,

community and national development.

Sec. with

25. Establishment of Schools. All law. The establishment from of new to

schools shall be established in accordance national schools and the conversion of existing schools elementary 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 Philippines. in accordance with the to provisions of the Corporation Code of the This requirement incorporate may be waived in the case of family-administered institutions.
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pre-school

Government assistance to such schools for educational programs shall be used exclusively for that purpose. chanrobles virtual
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Sec. used

26. Definition of Terms. The terms in

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this

Chapter are

are

defined

as

follows:

1. "Schools"

duly

established

institutions institutions. 2. "Public

of

learning

or

educational educational

Schools"

are

institutions established and administered by the government.chanrobles virtual law library 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 shall be with programs deemed and/or granted operations

simultaneously

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.
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28. Effects

of

Recognition;

Punishable Violations. The issuance of a certificate of recognition to a school shall have the following effects:
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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 chanrobles
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3. It shall entitle the students who have graduated from said recognized course or courses to all the benefits and privileges enjoyed by graduates in similar courses of studies in all schools recognized by the government. Operation of schools and educational

programs of

without

authorization, are hereby subject in this

and/or declared to the Act.

operation thereof in violation of the terms recognition, punishable penalties violations provided

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Sec.

29. Voluntary Accreditation. The shall encourage programs for of accreditation institution

Ministry voluntary

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 shall establish and such internal school out its

organization as will best enable it to carry academic administrative functions, subject to limitations provided by law. chanrobles virtual law library Each school establish such arrangements for the peaceful settlement of disputes between or among the members of the educational
library

community.

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Sec.

31. Governing college

Board. or

Every as a

government

university

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 academic status of the teaching and 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 private by the Ministry shall of Labor and and Employment: Provided, further, That every school establish implement an appropriate system within the school for the prompt and orderly settlement of provisions of Articles 262 and 263 of the Labor Code. chanrobles virtual law library 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:
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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 Schools. to public The national schools local high Secondary assistance established

government shall extend financial aid and secondary and maintained by

governments, including barangay schools. chanrobles virtual law library 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 Education, issued Culture by and the Ministry and of the Sports

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 regulations. Sec. 38. Tuition and other School Fees. Secondary and post-secondary schools may charge tuition and other school fees, in order
law library

local

budget

laws

and

to

improve

facilities

or

to
virtual

accommodate more students.chanrobles Sec.

39. Income from other Sources. educational

Government-supported

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 grants, sources. Sec. 41. Government Assistance. The fees and other school charges, passive loans, subsidies,

investment income and income from other

government,

in

recognition role in the

of

their

complementary

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. chanrobles virtual law library 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. chanrobles virtual law library 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, foundation, organization, institution, trust or of be are research corporation, philanthropic

institution or organization as may authorized by law. chanrobles virtual law library Furthermore, authorized to private engage in schools any

auxiliary

enterprise to generate income primarily to finance their educational operations and/or to reduce the need to increase students' fees. chanrobles virtual law library Sec. 44. Institutional as well as Funds. other The of proceeds from tuition fees and other school charges, income 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 purposes and exclusively shall be for educational to the real subject

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 in city with board each with the which shall be or his the the constituted chartered institutions than more two than municipality mayor or of of

private

educational

representative as chairman and not more representatives two residents institutional taxpayers, and, likewise, not 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 by the determined Minister of proportionately

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. chanrobles virtual law library 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 of as salary, any adjustments or or nature allowance form

whatsoever, except in support of faculty and/or professorial chairs. Sec. 48. Relating to Earnings Funds. from All Established Scholarship

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, nonprofit be educational jointly by and foundation, the Ministry and in of the accordance with the implementing rules to issued Education, Culture Ministry of Finance. reason its Sports

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In the case of stock corporations, if for any 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 nonprofit 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 State. D. ASSISTANCE TO STUDENTS Sec. financial 51. Government assistance and Assistance to to Students. The government shall provide financially students. disadvantaged State deserving for was which the dissolved or to the organization organized,

Such assistance may be in the form of scholarships, grants-in-aid, assistance from the Educational Loan Fund, or subsidized tuition rates in State colleges and universities. All for the above and needed similar but assistance programs shall provide for reserve quotas financially academically the national qualified Sec. students from

cultural communities. 52. Grant of Scholarship Pursuant to Existing Laws. Educational institutions shall be encouraged to grant scholarships to students pursuant to the provisions of existing by law. Sec. 53. Assistance from the Private laws and such scholarship measures as may hereafter be provided for

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. chanrobles virtual law library 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. chanrobles virtual law library Sec. shall 55. Organization. be headed by the The Ministry of Minister

Education, Culture and Sports who shall be assisted by one or more Deputy Ministers. The organization of (a) of the the Ministry shall consist 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 the Bureau Bureau of of Elementary Education,

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, consultation Sec. Culture with and the Sports in Presidential

Commission on Reorganization. 56. The National Board of Education records, and equipment are is hereby abolished, and its appropriations, personnel, hereby transferred to the Office of the Minister of Education, Culture and Sports. Sec. 57. Functions and Powers of the
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Ministry. The Ministry shall: and policies, and adopt

1. Formulate general education objectives long-range educational plans; 2. Plan, develop and implement programs and projects in education culture; chanrobles virtual law library 3. Promulgate necessary supervision educational for and system rules the in and and

regulations of the with

administration, accordance

regulation

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 concerned cultural and work the of with the agencies and national legislation Batasang with educational

development

cultural communities; and 7. Recommend and proposed for adoption. Sec. 58. Report study the
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to

Pambansa. The Minister of Education, Culture and Sports shall make an annual report to the Batasang Pambansa on the implementation education of the the national basic or education plan, the current condition of the programs, adequacy deficiency of the appropriations and status of expenditures, the impact of education on the different regions, the growth of

enrollment,

the

adequacy

of

academic

facilities, the concentration of low income groups, or the supply of teaching and nonteaching personnel, with such comments and appropriate recommendations thirty (30) days before the opening of its regular session. chanrobles virtual law library CHAPTER 2 Board of Higher Education Sec. 59. Declaration of Policy. Higher granted towards the and high-level of education will be development manpower, of and

provision of better quality education, the middle the intensification

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. chanrobles virtual
law library

Sec.

60. Organization of the Board of

Higher Education. The Board of Higher Education is reconstituted as an advisory body to the Minister of Education, Culture and Sports. The Board shall be composed of a Deputy Minister of Education, Culture and Sports designated as Chairman and four other members to be appointed by the President of the Philippines upon nomination by the Minister of Education, Culture and Sports for a term of four years. The four members shall have distinguished themselves in the field of higher education and development either in the public or private sector. In the initial appointment of the non-ex officio members, the first appointee shall serve for a term of four years; the second for a term of three years; the third for a term of two years; and the fourth for a term of one year. The Director of the Bureau of Higher Education shall participate in the deliberation of the Board but without the right to vote. The Bureau of

Higher Education shall provide the Board with the necessary technical and staff support: Provided, That the Board may create technical panels of experts in the various disciplines as the need arises. Sec. 61. Function of the Board of Higher
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Education. The Board shall: the planning and

1. Make policy recommendations regarding 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. chanrobles virtual law library 3. Assist the Minister of Education, Culture and Sports in making recommendation higher relatives to the generation of resources and their allocation for education. chanrobles virtual law library CHAPTER 3 The Bureaus Sec. 62. Bureau of Elementary Education.
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The Bureau shall perform the following functions:

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1. Conduct studies and formulate, develop, and evaluate programs and educational standards for elementary education; 2. Undertake instructional studies necessary and for the preparation of prototype curricular designs, materials, teacher training programs for elementary education; and chanrobles virtual law library 3. Formulate elementary guidelines school physical to improve and plants

equipment, and general management of these schools. Sec. 63. Bureau of Secondary Education. The Bureau shall perform the following functions:
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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 secondary guidelines to improve plants the and school physical

equipment, and general management of these schools. Sec. 64. Bureau of Technical and Vocational Education. The Bureau shall perform the following:
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1. Collaborate with other agencies in the formulation of manpower plans; chanrobles

virtual law library

2. Conduct studies, formulate, develop and evaluate technical post-secondary programs and vocationalrecommend these

educational standards for programs; chanrobles virtual law library instructional materials, prepare

3. Develop curricular designs and prepare and evaluate programs to upgrade the quality of teaching and non-teaching staff, and formulate physical Sec. The guidelines plant and to improve of the postequipment

secondary vocational-technical schools. 65. Bureau of Higher Education. Bureau of higher Education
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shall

perform the following functions: 1. Develop, programs, formulate projects and and

evaluate 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 encourage technical institutional assistance to development

programs and projects; 4. Compile, analyze and evaluate data on higher education; and chanrobles virtual law library 5. Perform other functions provided for by law. chanrobles virtual law library Sec. 66. Bureau of Continuing Education. education programs of the As the main implementing arm of the non-formal Ministry, the Bureau shall provide learning programs or activities that shall:
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chanrobles

virtual law library

1. Serve

as

means

of

meeting

the

learning needs of those unable to avail themselves of the educational services and programs of formal education; chanrobles virtual
law library

2. Provide opportunities for the acquisition of skills necessary to enhance and ensure continuing employability, efficiency, productivity, and competitiveness in the labor market; chanrobles virtual law library 3. Serve as a means for expanding access to educational opportunities to citizens of varied or status. CHAPTER 4 Regional Offices Sec. shall: 67. Functions. A regional office
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interests,

demographic

characteristics and socio-economic origins

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 in the area. economical, efficient and effective education services to the people
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V. MISCELLANEOUS PROVISIONS CHAPTER 1 Penal/Administrative Sanctions Sec. 68. Penalty Clause. Any person upon conviction for an act in violation of Section 28, Chapter 3, Title III above, shall be punished with a fine of not less than two thousand pesos (P2,000.00) nor more than ten thousand pesos (P10,000.00) or imprisonment for a maximum period of two (2) years, or both, in the discretion of the court. 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. may 69. Administrative Sanction. The prescribe and and impose in such the Minister of Education, Culture and Sports administrative sanction as he may deem reasonable implementing appropriate and rules regulations

promulgated pursuant to this Act for any of the following causes:

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1. Mismanagement of operations; chanrobles virtual law library

school

2. Gross inefficiency of the teaching or nonteaching personnel; chanrobles virtual law library 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 or governing of advertisements announcements

educational institutions. Sanctions against the schools shall be

without prejudice to the interest of the students, teachers and employees.

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CHAPTER 2 Administrative Provisions Sec. 70. Rule-making Authority. The Education, with the Culture and Sports and and administration rules Minister charged the Sec.

enforcement of this Act, shall promulgate necessary implementing regulations.

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71. Separability Provision. Any part

or provision of this Act which may held invalid or unconstitutional shall not affect its remaining parts of provisions. chanrobles
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Sec. parts

72. Repealing Clause. All laws or thereof inconsistent Act with any shall be deemed

provision of this

repealed or modified, as the case may be. chanrobles virtual law library Sec. 73. Effectivity. This Act shall take effect upon its approval. chanrobles virtual law
library

Approved: September 11, 1982

25

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