Prof. Ed. 101 SG6

Study Guide in Prof.Ed.
101 - The Teaching Profession Module 6: Unit 16-Nature of Teaching and Teacher Roles
Module No.6
Unit 6– Other Laws Relevant to the Teaching Profession
MODULE OVERVIEW
In education, the term relevance typically refers to learning experiences that are either directly applicable to the
personal aspirations, interests, or cultural experiences of students (personal relevance) or that are connected in
some way to real-world issues, problems, and contexts (life relevance). The Purposes of the Standards of Practice
for the Teaching Profession are: to inspire a shared vision for the teaching profession, to identify the values,
knowledge and skills that are distinctive to the teaching profession and to guide the professional judgment and
actions of the teaching profession. Therefore, there are other laws relevant to the teaching profession on this
chapter/unit.
LEARNING OBJECTIVES
1. Discuss the details and provisions of laws significant to the teaching profession and how they apply to the
teaching profession.
2. Identify other laws relevant to the teaching profession.
LEARNING CONTENTS
Unit 6 – Other Laws Relevant to the Teaching Profession
A. R.A. 6728 -Government Assistance to Students and Teachers in Private Education Act
JANUARY 30, 1992 – DO 15, S. 1992 – GUIDELINES ON THE ALLOCATION OF THE

MINIMUM 70% & 20% INCREMENTAL PROCEEDS REQUIRED UNDER R.A. 6728
January 30, 1992

DO 15, s. 1992
Guidelines on the Allocation of the Minimum 70% & 20% Incremental Proceeds Required Under R.A. 6728
To: Bureau Directors

Regional Directors
Schools Superintendents
Presidents, State Colleges and Universities
Principals of Private Secondary Schools
1. Declaration of Policy
Section 5.2.c of R.A. 6728 entitled “An Act Providing Assistance to Students and Teachers in Private
Education, and Appropriating Funds Therefor,” stipulates that …”seventy percent (70%) of the amount
subsidized allotted for tuition fee or of the tuition fee increases shall go to the payment of salaries, wages,
allowances, and other benefits of teaching and non-teaching personnel except administrators who are
principal stockholders of the school, and may be used to cover increases as provided for in the collective
PANGASINAN STATE UNIVERSITY 1

Study Guide in Prof.Ed.101 - The Teaching Profession Module 6: Unit 16-Nature of Teaching and Teacher Roles
bargaining agreements (CBA) existing or in force at the time when this Act is approved and made
effective”.
2. To ensure the proper implementation of this mandate, the following guidelines are issued for the
distribution of the 10% incremental proceeds as follows:
2.1 The minimum of 70% incremental proceeds shall be added to the salaries/wages/allowances and
other wage-related benefits prevailing at the time of effectivity of the tuition increases; and
2.2 The distribution scheme shall be based on an agreement between the school administration and the
DOLE-certified and recognized union of teaching and non-teaching personnel. In the absence of an
agreement or an employee union, it should be pro-rated based on existing salaries.
3. The following shall be chargeable to the 70%:
3.1 Increases in the basic salaries/wages which shall be attached to the basic rates of personnel (to include
unilateral and mandated increases);
3.2 Increases in wages and wage-related benefits as provided for in the CBA existing or in force at the
time when R.A. 6728 was approved and made effective;
3.3 Increases in allowances such as COLA/ERA/ECOLA; and
3.4 Increases in other wage-related benefits such as sick/vacation leaves and 13th month pay.
4. The distribution of the minimum 70% incremental proceeds shall be made not later than 45 days from
the formal approval of the application to increase tuition fees, based on estimated sharing of incremental
proceeds. Provided, however, that the sharing shall be subject to recomputation before the end of the
school year.
5. A certification of compliance jointly signed by the school administrators and representatives of the union
with the above provisions of the 70% incremental proceeds, together with the final accounting, shall be
submitted to the DECS regional office within 60 days from the end of the school year.
6. All teaching and non-teaching personnel employed at the time of the effectivity of the tuition increases,
whether full time or part time and regardless of the method of compensation, shall be entitled to a share
in the incremental proceeds.
7. All administrators who are principal stockholders of the school shall not be entitled to any share in the
incremental proceeds.
8. The 20% shall go to the improvement of the following:
8.1 modernization of buildings;
8.2 equipment;
8.3 libraries;
8.4 laboratories;
8.5 gymnasia and similar facilities; and
8.6 payment of other costs of operation.
9. Certification of the distribution of the 70% incremental proceeds together with the full compliance of
the 20% shall he submitted to the DECS regional office with the application for tuition fee increases for
SY 1992-1993.
10. This Order takes effect immediately.
Reference: DECS Order: No. 16, s. 1992
B. R.A. 8545 - Expanded Government Assistance to Students and Teachers in Private Education
Act
8545 (RA 8545) – the Expanded Government Assistance to Students and Teachers in Private
Education (GASTPE) Act – provide the legal bases for Education Service Contracting (ESC). ...
Further, RA 10533 expands support for private education by extending the coverage of GASTPE to
qualified students in senior high school.
REPUBLIC ACT NO. 8545
AN ACT AMENDING REPUBLIC ACT NO. 6728, OTHERWISE KNOWN AS “AN ACT
PROVIDING GOVERNMENT ASSISTANCE TO STUDENTS AND TEACHERS IN PRIVATE

EDUCATION AND APPROPRIATING FUNDS THEREFOR,” ESTABLISHING A FUND FOR

THE PURPOSE OF SUBSIDIZING SALARIES OF PRIVATE SCHOOL TEACHERS, AND
APPROPRIATING FUNDS THEREFOR
SECTION 1. Republic Act No. 6728, otherwise known as the “Government Assistance to Students and Teachers
in Private Education Act,” is hereby amended to read as follows:
“SEC. 1. Title. — This Act shall be known as the ‘Expanded Government Assistance to Students and Teachers
in Private Education Act.’
“SEC. 2. Declaration of Policy. — It is a declared policy of the State in conformity with the mandate of the
Constitution, to promote and make quality education accessible to all Filipino citizens. The State also hereby
recognizes the complementary roles of public and private educational institutions in the educational system and
the invaluable contribution that the private schools have made and will make to education. For these purposes,
the State shall provide the mechanisms to improve quality in private education by maximizing the use of existing
resources of private education, recognizing in the process the government’s responsibility to provide basic
elementary and secondary education, post-secondary vocational and technical education and higher education as
having priority over its other functions.
“Elementary education is the first six (6) years of basic education, excluding pre-school and grade seven, the
completion of which is attested by a certificate issued by or with permission of the Department of Education,
Culture and Sports. Secondary education is the next four (4) years of basic education, the completion of which is
attested by a high school diploma issued by or with permission of the Department of Education, Culture and
Sports.
“Post-secondary education may be education and training in non-degree vocational and technical courses offered
in post-secondary vocational and technical institutions or education in degree courses offered by higher
educational institutions, the completion of which are attested by a certificate or diploma issued by or with
permission of the Technical Education and Skills Development Authority (TESDA) or the Commission on
Higher Education (CHED), respectively.
“SEC. 3. Criteria for Assistance. — The programs for assistance shall be based on a set of criteria which shall
include, among others, tuition fees charged by the schools, the socioeconomic needs of each region giving priority
to the Social Reform Agenda (SRA) provinces, overall performance of the schools, the academic qualifications
and the financial needs of the students and the teachers and the financial needs of the schools, as well as the
geographic spread and size of student population.
“In addition to the foregoing criteria, within such reasonable time as the respective State Assistance Council may
determine, student grantees under the Private Education Student Financial Assistance Program shall be enrolled
in schools which have accredited programs or are applying for accreditation as may be recognized by the
respective State Assistance Council.
“Preference shall be given to students whose family income is not more than Seventy-two thousand pesos
(P72,000.00) or such amounts as may be determined by the respective councils, as defined hereinafter.
“For purposes of this Act, programs of assistance to students and teachers of private post-secondary vocational
and technical institutions and higher educational institutions shall likewise be extended to students and teachers
of community colleges in degree and non-degree programs. Implementation of the program shall encourage
students to undergo post-secondary vocational and technical and higher education courses in the same region
where their families reside.
“The programs of assistance under this Act shall be extended only to students who are citizens of the Philippines.

“The State Assistance Council, jointly with the Department of Education, Culture and Sports (DECS), the CHED
and the TESDA shall formulate measurement standards for the evaluation of the quality of courses as well as the
standing and status of the recipient institutions.
“Within five (5) years from the approval of this Act, the assistance shall be given to schools: Provided, That the
present allocation of the tuition fee and other income of the schools shall be used at the same proportion and
allocation as provided by law.
“SEC. 4. Forms of Assistance. — Assistance to private education shall consist of assistance to students and
assistance to teachers.
“The following are forms of assistance to students in private education:

“(1) Tuition fee supplements for students in private high schools, including students in vocational and technical
courses;
“(2) High School Textbook Assistance Fund: Provided, That the textbook assistance per student in private high
schools shall be determined by the council and shall not exceed what students in public high schools are
provided on a per student basis under a comprehensive textbook program of the Secondary Education
Development Program (SEDP): Provided, further, That the textbook assistance shall be granted only to
beneficiaries of tuition fee supplements and educational service contracting scheme provided in this Act;
“(3) Expansion of the existing Educational Service Contracting (ESC) Scheme;
“(4) The voucher system of the Private Education Student Financial Assistance Program (PESFA);
“(5) Scholarship grants to students graduating as valedictorians and salutatorians from secondary schools;
“(6) Tuition fee supplements to students in private colleges and universities; and
“(7) Education Loan Fund.
“The following are forms of assistance to teachers and faculty in private education:
“(1) In-service training fund for teachers in private high schools; and
“(2) College Faculty Development Fund.
“SEC. 5. Tuition Fee Supplements for Students in Private High Schools. — (1) Financial Assistance for tuition
for students in private high schools shall be provided by the government through a voucher system in the
following manner:
“(a) For students enrolled in schools charging an amount as may be determined by the State Assistance Council,
the government shall provide them with a voucher in such an amount as may be determined by the council:
Provided, That the government shall reimburse the vouchers from the schools concerned within one hundred
twenty (120) days from the close of the registration period.
“(2) Assistance under paragraph (1), subparagraph (a) shall be guaranteed to all private high schools participating
in the program for a number of slots as of the effectivity of this Act as the total number of students who availed
of tuition fee supplements for school year 1997-1998: Provided, That the State Assistance Council may in
subsequent years determine additional slots and/or additional participating high schools as may be deemed
necessary.
“SEC. 6. High School Textbook Assistance Fund. — There shall be established in the Department of Education,
Culture and Sports (DECS), a High School Textbook Assistance Fund, so that assistance on a per student basis
shall be given to students enrolled in private schools exclusively for the purchase of high school textbooks, in
support of the implementation of the Secondary Education Development Program: Provided, That the textbook
assistance per student in private high schools shall be determined by the council and shall not exceed what
students in public high schools are provided on a per student basis: Provided, further, That the textbook assistance
shall be granted only to beneficiaries of tuition fee supplements and educational service contracting scheme
provided in this Act.
“SEC. 7. Expansion of the Existing Educational Service Contracting (ESC) Scheme. — (a) The Department of
Education, Culture and Sports (DECS) shall continue to enter into contracts with private schools whereby the

government shall shoulder the tuition and other fees of high school students who shall enroll in private high
schools under this program.
“(b) The Department shall also enter into contracts with private schools in communities where there are no public
high schools, in which case the Department shall shoulder the tuition and other fees of students who shall enroll
in said private schools.
“(c) The amount of assistance to be given by the government under this section shall not exceed that determined
as the per student cost in public high schools.
“(d) The Department shall fully pay the subsidized amount to participating schools not later than one hundred
eighty (180) days from the close of the registration period.
“(e) The amount of assistance shall be allocated and distributed among the sixteen (16) regions in proportion to
the total population as well as the high school age population for the first school year: Provided, That starting
school year 1998, an equalization scheme shall be implemented by the State Assistance Council.
“(f) The amount of assistance to private high schools participating in the program shall be guaranteed for a
number of slots as of the effectivity of this Act as the number of students availing of educational service
contracting assistance for school year 1997-1998: Provided, That the State Assistance Council may, in subsequent
years determine additional slots and/or additional participating private high schools as may be deemed necessary.
“SEC. 8. Assistance to College Freshmen. — (a) The Voucher System of Private Education Student Financial
Assistance (PESFA) Program. The existing Private Education Student Financial Assistance (PESFA) Program
which covers degree and non-degree vocational/technical courses shall be expanded so that all qualified enrolling
first year students can benefit from a scholarship, plus an allowance. Such financial assistance shall be granted to
deserving underprivileged students, who shall be selected on the basis of family income, geographic spread and
results of competitive examinations to be given by the CHED for degree courses and the TESDA for non-degree
vocational/technical courses in all secondary schools in coordination with the DECS. The program shall be
equitably allocated to provinces and cities in accordance with regional and national plans to priority courses as
determined by the CHED and the TESDA.
“For purposes of this Act, an underprivileged student shall refer to a student whose gross income, if any, and that
of the combined annual gross income of his/her parents do not exceed Seventy-two thousand pesos (P72,000.00).
“(b) Tuition Waiver. Private post-secondary vocational and technical institutions and higher educational
institutions shall provide for full or half tuition waivers for five percent (5%) of the entering freshmen, which
shall include among others, valedictorians and salutatorians of both public high schools and private high schools:
Provided, That those valedictorians and salutatorians meet admission tests of the schools concerned.
“(c) Allowance for Valedictorians. Subject to rules and regulations as may be promulgated by the State Assistance
Council, valedictorians referred to under subparagraph (b) above, may, in addition to tuition waivers granted by
the school concerned, be entitled to such allowances from the government as are provided to PESFA grantees,
provided they shall enroll in priority courses.
“(d) Allowance for other Honorees. In case the graduating class is composed of more than two hundred and fifty
(250) students, all salutatorians and first honorable mention graduates thereof may also be entitled to the
allowance granted to valedictorians under the preceding paragraph.
“SEC. 9. Further Assistance to Students in Private Colleges and Universities. — Tuition fee supplements for
students of private post-secondary vocational and technical institutions and higher educational institutions
enrolled in priority course programs determined by the TESDA and the CHED shall be provided by the
government through a voucher system in the following manner:

“For students in priority programs in schools charging an effective per unit tuition rate of such amount as may
be determined by the State Assistance Council, the government shall provide the student with a voucher for the
amount of tuition fee supplement determined by the State Assistance Council.
“Government assistance and tuition increases as described in this Section shall be governed by the same
conditions as provided under Section 5(2).
“SEC. 10. Education Loan Fund. — (a) ‘Study Now, Pay Later Plan.’ There is hereby created a special fund to be
known as the Students’ Loan Fund to be administered by the CHED and the TESDA or upon delegation by the
CHED by the Student Loan Fund Authority created under Republic Act No. 6014 which is hereby reinstituted
pursuant to the terms of the same Republic Act which shall be used to finance educational loans to cover
matriculation and other school fees and educational expenses for book subsistence, and board and lodging.
“(b) Amounts covering payments for tuition and other school fees shall be paid directly to the school concerned.
“(c) Any loan granted under this section shall be paid by the student-debtor after he has finished the course or
profession for which the proceeds of the loan was expended, but only after a period of two (2) years from the
time he has acquired an employment: Provided, however, That interest at the rate of not more than six percent
(6%) per annum shall accrue on the balance thereof.
“(d) Social Security Fund. The Social Security System shall make available low interest educational loans to its
members and to private educational institutions for school buildings and/or improvement of their plants and
facilities.
“SEC. 11. The right of any student to avail himself/herself of the benefits under this Act shall not apply if he/she
fails for one (1) school year in the majority of the academic subjects in which he/she has enrolled during the
course of his/her study unless such failure is due to some valid cause beyond his/her control.
“SEC. 12. In-service Training Fund (Inset Fund). — For the purpose of improving the quality of teaching in
private secondary education, there is hereby established in the Department of Education, Culture and Sports an
Inset Fund to provide for the upgrading of knowledge and teaching competencies in critical subject areas and for
the modernization of teaching techniques and strategies, including training in the use of computers and of other
multi-media educational technologies to assist instruction: Provided, That the Inset Fund shall be available only
to qualified licensed teachers in participating private high schools as determined by the State Assistance Council:
Provided, further, That the amount of Inset Fund available to private secondary education shall not exceed that
available to public secondary education on a per capita basis.
“SEC. 13. College Faculty Development Fund. — For the purpose of improving the quality of teaching in private
post-secondary vocational and technical institutions and higher educational institutions, there is hereby established
in the TESDA and the CHED, a College Faculty Development Fund to provide for scholarships for graduate
degree, degree and non-degree workshops or seminars for faculty members in private post-secondary vocational
and technical institutions and higher educational institutions: Provided, That faculty member recipients of such
scholarships shall serve as many number of years return service for every year of scholarship availed of as may be
determined by the State Assistance Council in conformity with prevailing National Economic and Development
Authority (NEDA) policies on return service of government scholars. The scholarship shall be in priority courses
as determined by the TESDA and the CHED and cannot be awarded to promote or inhibit sectarian purposes.
“SEC. 14. Teachers’ Salary Subsidy Fund. — A Teachers’ Salary Subsidy Fund is hereby established in the DECS
to grant government subsidy to teachers in private high schools participating in the programs of assistance
provided in this Act: Provided, That the total monthly salary which includes the subsidy to be received by such
private high school teachers shall not be more than eighty percent (80%) of the salary of his counterpart in the
public sector: Provided, further, That the amount of monthly subsidy shall not exceed the amount of any monthly
salary increase that teachers in public high schools shall after the effectivity of this Act hereinafter receive:
Provided, further, That private high school teachers qualified to receive subsidy under this Act are duly licensed
by the Professional Regulation Commission: Provided, further, That the government shall provide them with a

voucher for the salary subsidy which shall be reimbursed directly to the teachers within sixty (60) days after the
close of the school year upon submission of proof of qualification and actual teaching service in a participating
private high school: Provided, further, That the present allocation out of increases from tuition and other income
shall be maintained: Provided, finally, That in case of insufficiency of funds, priority shall be given to married
teachers supporting a family.
“SEC. 15. Program Administration/Rules and Regulations. — The State Assistance Council shall be responsible
for policy guidance and direction, monitoring and evaluation of new and existing programs, and the promulgation
of the rules and regulations, while the Department of Education, Culture and Sports, the TESDA and the CHED
shall be responsible for the day to day administration and program implementation for the programs of assistance
to private secondary education, post-secondary vocational and technical education and higher education,
respectively. Likewise, it may engage the services and support of any qualified government or private entity for its
implementation.
“The State Assistance Council, hereinafter known as the Council, shall be headed by the Secretary of Education,
Culture and Sports as chairperson, the chairperson of the CHED and the director-general of the TESDA as co-
chairpersons, with representatives from the National Economic and Development Authority, the Department of
Budget and Management, the Department of Science and Technology, and representatives from duly organized
nationwide associations of teachers, students, parents, and school administrators concerned with secondary, post-
secondary vocational and technical education and higher education as members. The last three (3) members shall
be appointed by the Council upon the recommendation of their respective sectors for a term of one (1) school
year subject to re-appointment for a maximum term of four (4) school years. A representative each from the
Committees on Education of both Houses of Congress shall be designated resource persons to the Council.
“The Council shall meet, from time to time, as the need arises, to assess the effectivity of the programs and to
ensure that the secondary schools, post-secondary vocational and technical institutions and higher educational
institutions where student recipients are enrolled continue to provide quality education. For this purpose, the
Council shall establish criteria, to determine which secondary schools, post-secondary vocational and technical
institutions and higher educational institutions may continue to enroll students and teachers/faculty as recipients
of government assistance under this Act.
“SEC. 16. Appropriations. — The amount needed to implement these programs shall be provided for in the
annual General Appropriations Act for the year 1998. The appropriation of One billion pesos (P1,000,000,000.00)
already appropriated under the General Appropriations Act of 1998 shall be used for this purpose.
“All funds appropriated for this purpose shall be constituted as a trust fund to be administered by the State
Assistance Council, which shall be directly and automatically released to the different regional offices of the DECS.
“SEC. 17. Penalties. — In case of violations of the provisions of this Act or the rules and regulations promulgated
pursuant thereto by an institution, the Department of Education, Culture and Sports, the TESDA and the CHED,
upon the recommendation of the Council, may bar the institution from participating in or benefiting from the
programs of this Act, and from other programs of the Department, without prejudice to administrative and
criminal charges as may be filed against the school and/or its responsible officers under existing laws.
“SEC. 18. Repealing Clause. — All laws and decrees, particularly Presidential Decree Nos. 932 and 1371, and
such letters of instructions, rules and regulations or parts thereof which are inconsistent with this Act are hereby
repealed or modified accordingly.
“SEC. 19. Separability Clause. — If any provision of this Act is declared unconstitutional, the same shall not
affect the validity and effectivity of the other provisions not affected thereby.
“SEC. 20. Effectivity Clause. — This Act shall take effect immediately upon its publication in English in an
English newspaper and in Filipino in a Filipino newspaper, both of general circulation: Provided, That the
implementation of new programs of assistance provided in this Act shall be effective in the school year of the

succeeding fiscal year within which the appropriations necessary to implement the new programs shall have been
approved into law.”
SECTION 2. Effectivity Clause. — This Act shall take effect immediately upon its publication in English in an
English newspaper and in Filipino in a Filipino newspaper, both of general circulation.
Approved: February 24, 1998
C. RA 7877 – Anti Sexual Harassment Act of 1995
AN ACT DECLARING SEXUAL HARASSMENT UNLAWFUL IN THE EMPLOYMENT,

EDUCATION OR TRAINING ENVIRONMENT, AND FOR OTHER PURPOSES. Be it enacted by the
Senate and House of Representatives of the Philippines in Congress assembled: ... – This Act shall be known as
the “Anti-Sexual Harassment Act of 1995.”
Republic Act 7877: Anti-Sexual Harassment Act of 1995
AN ACT DECLARING SEXUAL HARASSMENT UNLAWFUL IN THE EMPLOYMENT,

EDUCATION OR TRAINING ENVIRONMENT, AND FOR OTHER PURPOSES.
Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembled:
SECTION 1. Title. – This Act shall be known as the “Anti-Sexual Harassment Act of 1995.”
SECTION 2. Declaration of Policy. – The State shall value the dignity of every individual, enhance the
development of its human resources, guarantee full respect for human rights, and uphold the dignity of workers,
employees, applicants for employment, students or those undergoing training, instruction or education. Towards
this end, all forms of sexual harassment in the employment, education or training environment are hereby declared
unlawful.
SECTION 3. Work, Education or Training -Related, Sexual Harassment Defined. – Work, education or training-
related sexual harassment is committed by an employer, employee, manager, supervisor, agent of the employer,
teacher, instructor, professor, coach, trainor, or any other person who, having authority, influence or moral
ascendancy over another in a work or training or education environment, demands, requests or otherwise requires
any sexual favor from the other, regardless of whether the demand, request or requirement for submission is
accepted by the object of said Act.
(a) In a work-related or employment environment, sexual harassment is committed when:
(1) The sexual favor is made as a condition in the hiring or in the employment, re-employment or
continued employment of said individual, or in granting said individual favorable compensation, terms of
conditions, promotions, or privileges; or the refusal to grant the sexual favor results in limiting, segregating or
classifying the employee which in any way would discriminate, deprive ordiminish employment opportunities or
otherwise adversely affect said employee;
(2) The above acts would impair the employee’s rights or privileges under existing labor laws; or
(3) The above acts would result in an intimidating, hostile, or offensive environment for the employee.
(b) In an education or training environment, sexual harassment is committed:
(1) Against one who is under the care, custody or supervision of the offender;

(2) Against one whose education, training, apprenticeship or tutorship is entrusted to the offender;
(3) When the sexual favor is made a condition to the giving of a passing grade, or the granting of
honors and scholarships, or the payment of a stipend, allowance or other benefits, privileges, or consideration;
or
(4) When the sexual advances result in an intimidating, hostile or offensive environment for the student,
trainee or apprentice.
Any person who directs or induces another to commit any act of sexual harassment as herein defined, or
who cooperates in the commission thereof by another without which it would not have been committed, shall
also be held liable under this Act.
SECTION 4. Duty of the Employer or Head of Office in a Work-related, Education or Training Environment.
– It shall be the duty of the employer or the head of the work-related, educational or training environment or
institution, to prevent or deter the commission of acts of sexual harassment and to provide the procedures for
the resolution, settlement or prosecution of acts of sexual harassment. Towards this end, the employer or head
of office shall:
(a) Promulgate appropriate rules and regulations in consultation with and joint1y approved by the employees
or students or trainees, through their duly designated representatives, prescribing the procedure for the
investigation of sexual harassment cases and the administrative sanctions therefor.
Administrative sanctions shall not be a bar to prosecution in the proper courts for unlawful acts of sexual
harassment.
The said rules and regulations issued pursuant to this subsection (a) shall include, among others, guidelines
on proper decorum in the workplace and educational or training institutions.
(b) Create a committee on decorum and investigation of cases on sexual harassment. The committee shall
conduct meetings, as the case may be, with officers and employees, teachers, instructors, professors, coaches,
trainors, and students or trainees to increase understanding and prevent incidents of sexual harassment. It shall
also conduct the investigation of alleged cases constituting sexual harassment.
In the case of a work-related environment, the committee shall be composed of at least one (1) representative
each from the management, the union, if any, the employees from the supervisory rank, and from the rank and
file employees.
In the case of the educational or training institution, the committee shall be composed of at least one (1)
representative from the administration, the trainors, instructors, professors or coaches and students or trainees,
as the case may be.
The employer or head of office, educational or training institution shall disseminate or post a copy of this
Act for the information of all concerned.
SECTION 5. Liability of the Employer, Head of Office, Educational or Training Institution. – The employer or
head of office, educational or training institution shall be solidarily liable for damages arising from the acts
of sexual harassment committed in the employment, education or training environment if the employer or head
of office, educational or training institution is informed of such acts by the offended party and no immediate
action is taken.
SECTION 6. Independent Action for Damages. – Nothing in this Act shall preclude the victim of work,
education or training-related sexual harassment from instituting a separate and independent action for damages
and other affirmative relief.

SECTION 7. Penalties. – Any person who violates the provisions of this Act shall, upon conviction, be penalized
by imprisonment of not less than one (1) month nor more than six (6) months, or a fine of not less than Ten
thousand pesos (P10,000) nor more than Twenty thousand pesos (P20,000), or both such fine and imprisonment
at the discretion of the court.
Any action arising from the violation of the provisions of this Act shall prescribe in three (3) years.
SECTION 8. Separability Clause. – If any portion or provision of this Act is declared void or unconstitutional,
the remaining portions or provisions hereof shall not be affected by such declaration.
SECTION 9. Repealing Clause. – All laws, decrees, orders, rules and regulations, other issuances, or parts
thereof inconsistent with the provisions of this Act are hereby repealed or modified accordingly.
SECTION 10. Effectivity Clause.- This Act shall take effect fifteen (15) days after its complete publication in at
least two (2) national newspapers of general circulation.
Approved:
(Sgd.) EDGARDO J. ANGARA

President of the Senate
(Sgd.) JOSE DE VENECIA, JR .

Speaker of the House of Representatives
This Act is a consolidation of House Bill No. 9425 and Senate Bill No. 1632 was finally passed by the House
of Representatives and the Senate on February 8, 1995.
(Sgd.) EDGARDO E. TUMANGAN

Secretary of the Senate
(Sgd.) CAMILO L. SABIO

Secretary General
House of Representatives
Approved: February 14, 1995
(Sgd.) FIDEL V. RAMOS

President of the Philippines
D. R.A. 8190 – Granting Priority to Residents of the Barangay, Municipality or City where the School is Located,
in the Appointment or Assignment of Classroom Public School teachers
REPUBLIC ACT NO. 8190 - AN ACT GRANTING PRIORITY TO RESIDENTS OF THE

BARANGAY, MUNICIPALITY OR CITY WHERE THE SCHOOL IS LOCATED, IN THE
APPOINTMENT OR ASSIGNMENT OF CLASSROOM PUBLIC SCHOOLTEACHERS
Section 1. In the appointment or assignment of teachers to public elementary or secondary schools, priority shall
be given to bona fide residents of the barangay, municipality, city or province where the school is located:
provided, that the teacher possesses all the minimum qualifications for the position as required by law.
Protests regarding the appointment or assignment of classroom public schoolteachers shall prescribe in three (3)
months upon the issuance of such appointments or assignment.

Sec. 2. In the exercise of its disciplinary authority, the Secretary of Education, Culture and Sports shall impose
the following administrative sanctions for any willful violation of this Act: (1) first violation – suspension of one
(1) month without pay; (2) second violation – suspension of two (2) months without pay; and (3) third violation
and subsequent violations hereof – suspension of six (6) months without pay.
Sec. 3. The Department of Education, Culture and Sports (DECS) shall prescribe the rules and regulations
necessary to implement this Act. The DECS shall provide the senate and the House of Representatives a copy
of the rules and regulations within ninety (90) days after approval of this Act.
Sec. 4. All laws, decrees, executive orders, rules and regulations, or parts thereof inconsistent with this Act are
hereby repealed or modified accordingly.
Sec. 5. This Act shall take effect fifteen (15) days after its complete publication in the Official Gazette or in at
least two (2) newspapers of general circulation.
Approved: June 11, 1996
E. RA 9262 – Anti Violence Against Women and their Children Act of 2004
Republic Act No. 9262

March 08, 2004
AN ACT DEFINING VIOLENCE AGAINST WOMEN AND THEIR CHILDREN, PROVIDING

FOR PROTECTIVE MEASURES FOR VICTIMS, PRESCRIBING PENALTIES THEREFORE,
AND FOR OTHER PURPOSES
SECTION 1. Short Title.- This Act shall be known as the “Anti-Violence Against Women and Their Children
Act of 2004”.
SECTION 2. Declaration of Policy.- It is hereby declared that the State values the dignity of women and children
and guarantees full respect for human rights. The State also recognizes the need to protect the family and its
members particularly women and children, from violence and threats to their personal safety and security.
Towards this end, the State shall exert efforts to address violence committed against women and children in
keeping with the fundamental freedoms guaranteed under the Constitution and the Provisions of the Universal
Declaration of Human Rights, the convention on the Elimination of all forms of discrimination Against Women,
Convention on the Rights of the Child and other international human rights instruments of which the Philippines
is a party.
SECTION 3. Definition of Terms.- As used in this Act,
(a) “Violence against women and their children” refers to any act or a series of acts committed by any person against a
woman who is his wife, former wife, or against a woman with whom the person has or had a sexual or dating
relationship, or with whom he has a common child, or against her child whether legitimate or illegitimate, within
or without the family abode, which result in or is likely to result in physical, sexual, psychological harm or suffering,
or economic abuse including threats of such acts, battery, assault, coercion, harassment or arbitrary deprivation
of liberty. It includes, but is not limited to, the following acts:
A. “Physical Violence” refers to acts that include bodily or physical harm;

B. “Sexual violence” refers to an act which is sexual in nature, committed against a woman or her child. It includes,
but is not limited to:
a) rape, sexual harassment, acts of lasciviousness, treating a woman or her child as a sex object, making demeaning
and sexually suggestive remarks, physically attacking the sexual parts of the victim’s body, forcing her/him to
watch obscene publications and indecent shows or forcing the woman or her child to do indecent acts and/or
make films thereof, forcing the wife and mistress/lover to live in the conjugal home or sleep together in the same
room with the abuser;
b) acts causing or attempting to cause the victim to engage in any sexual activity by force, threat of force, physical
or other harm or threat of physical or other harm or coercion;
c) Prostituting the woman or child.
C. “Psychological violence” refers to acts or omissions causing or likely to cause mental or emotional suffering of the
victim such as but not limited to intimidation, harassment, stalking, damage to property, public ridicule or
humiliation, repeated verbal abuse and marital infidelity. It includes causing or allowing the victim to witness the
physical, sexual or psychological abuse of a member of the family to which the victim belongs, or to witness
pornography in any form or to witness abusive injury to pets or to unlawful or unwanted deprivation of the right
to custody and/or visitation of common children.
D. “Economic abuse” refers to acts that make or attempt to make a woman financially dependent which includes,
but is not limited to the following:
1. withdrawal of financial support or preventing the victim from engaging in any legitimate profession, occupation,
business or activity, except in cases wherein the other spouse/partner objects on valid, serious and moral grounds
as defined in Article 73 of the Family Code;
2. deprivation or threat of deprivation of financial resources and the right to the use and enjoyment of the conjugal,
community or property owned in common;
3. destroying household property;
4. controlling the victims’ own money or properties or solely controlling the conjugal money or properties.
(b) “Battery” refers to an act of inflicting physical harm upon the woman or her child resulting to the physical and
psychological or emotional distress.
(c) “Battered Woman Syndrome” refers to a scientifically defined pattern of psychological and behavioral symptoms
found in women living in battering relationships as a result of cumulative abuse.
(d) “Stalking” refers to an intentional act committed by a person who, knowingly and without lawful justification
follows the woman or her child or places the woman or her child under surveillance directly or indirectly or a
combination thereof.
(e) “Dating relationship” refers to a situation wherein the parties live as husband and wife without the benefit of
marriage or are romantically involved over time and on a continuing basis during the course of the relationship.
A casual acquaintance or ordinary socialization between two individuals in a business or social context is not a
dating relationship.
(f) “Sexual relations” refers to a single sexual act which may or may not result in the bearing of a common child.
(g) “Safe place or shelter” refers to any home or institution maintained or managed by the Department of Social
Welfare and Development (DSWD) or by any other agency or voluntary organization accredited by the DSWD

for the purposes of this Act or any other suitable place the resident of which is willing temporarily to receive the
victim.
(h) “Children” refers to those below eighteen (18) years of age or older but are incapable of taking care of
themselves as defined under Republic Act No. 7610. As used in this Act, it includes the biological children of the
victim and other children under her care.
SECTION 4. Construction.- This Act shall be liberally construed to promote the protection and safety of victims
of violence against women and their children.
SECTION 5. Acts of Violence Against Women and Their Children.- The crime of violence against women and their
children is committed through any of the following acts:
(a) Causing physical harm to the woman or her child;
(b) Threatening to cause the woman or her child physical harm;
(c) Attempting to cause the woman or her child physical harm;
(d) Placing the woman or her child in fear of imminent physical harm;
(e) Attempting to compel or compelling the woman or her child to engage in conduct which the woman or her
child has the right to desist from or desist from conduct which the woman or her child has the right to engage in,
or attempting to restrict or restricting the woman’s or her child’s freedom of movement or conduct by force or
threat of force, physical or other harm or threat of physical or other harm, or intimidation directed against the
woman or child. This shall include, but not limited to, the following acts committed with the purpose or effect of
controlling or restricting the woman’s or her child’s movement or conduct:
(1) Threatening to deprive or actually depriving the woman or her child of custody to her/his family;
(2) Depriving or threatening to deprive the woman or her children of financial support legally due her or her
family, or deliberately providing the woman’s children insufficient financial support;
(3) Depriving or threatening to deprive the woman or her child of a legal right;
(4) Preventing the woman in engaging in any legitimate profession, occupation, business or activity or controlling
the victim’s own mon4ey or properties, or solely controlling the conjugal or common money, or properties;
(f) Inflicting or threatening to inflict physical harm on oneself for the purpose of controlling her actions or
decisions;
(g) Causing or attempting to cause the woman or her child to engage in any sexual activity which does not
constitute rape, by force or threat of force, physical harm, or through intimidation directed against the woman or
her child or her/his immediate family;
(h) Engaging in purposeful, knowing, or reckless conduct, personally or through another, that alarms or causes
substantial emotional or psychological distress to the woman or her child. This shall include, but not be limited
to, the following acts:
(1) Stalking or following the woman or her child in public or private places;
(2) Peering in the window or lingering outside the residence of the woman or her child;
(3) Entering or remaining in the dwelling or on the property of the woman or her child against her/his will;

(4) Destroying the property and personal belongings or inflicting harm to animals or pets of the woman or her
child; and
(5) Engaging in any form of harassment or violence;
(i) Causing mental or emotional anguish, public ridicule or humiliation to the woman or her child, including, but
not limited to, repeated verbal and emotional abuse, and denial of financial support or custody of minor children
of access to the woman’s child/children.
SECTION 6. Penalties.- The crime of violence against women and their children, under Section 5 hereof shall be
punished according to the following rules:
(a) Acts falling under Section 5(a) constituting attempted, frustrated or consummated parricide or murder or
homicide shall be punished in accordance with the provisions of the Revised Penal Code.
If these acts resulted in mutilation, it shall be punishable in accordance with the Revised Penal Code; those
constituting serious physical injuries shall have the penalty of prison mayor; those constituting less serious physical
injuries shall be punished by prision correccional; and those constituting slight physical injuries shall be punished
by arresto mayor.
Acts falling under Section 5(b) shall be punished by imprisonment of two degrees lower than the prescribed
penalty for the consummated crime as specified in the preceding paragraph but shall in no case be lower than
arresto mayor.
(b) Acts falling under Section 5(c) and 5(d) shall be punished by arresto mayor;
(c) Acts falling under Section 5(e) shall be punished by prision correccional;
(d) Acts falling under Section 5(f) shall be punished by arresto mayor;
(e) Acts falling under Section 5(g) shall be punished by prision mayor;
(f) Acts falling under Section 5(h) and Section 5(i) shall be punished by prision mayor.
If the acts are committed while the woman or child is pregnant or committed in the presence of her child, the
penalty to be applied shall be the maximum period of penalty prescribed in the section.
In addition to imprisonment, the perpetrator shall (a) pay a fine in the amount of not less than One hundred
thousand pesos (P100,000.00) but not more than three hundred thousand pesos (300,000.00); (b) undergo
mandatory psychological counseling or psychiatric treatment and shall report compliance to the court.
SECTION 7. Venue.- The Regional Trial Court designated as a Family Court shall have original and exclusive
jurisdiction over cases of violence against women and their children under this law. In the absence of such court
in the place where the offense was committed, the case shall be filed in the Regional Trial Court where the crime
or any of its elements was committed at the option of the compliant.
SECTION 8. Protection Orders.- A protection order is an order issued under this act for the purpose of preventing
further acts of violence against a woman or her child specified in Section 5 of this Act and granting other necessary
relief. The relief granted under a protection order serve the purpose of safeguarding the victim from further harm,
minimizing any disruption in the victim’s daily life, and facilitating the opportunity and ability of the victim to
independently regain control over her life. The provisions of the protection order shall be enforced by law
enforcement agencies. The protection orders that may be issued under this Act are the barangay protection order
(BPO), temporary protection order (TPO) and permanent protection order (PPO). The protection orders that
may be issued under this Act shall include any, some or all of the following reliefs:

(a) Prohibition of the respondent from threatening to commit or committing, personally or through another, any
of the acts mentioned in Section 5 of this Act;
(b) Prohibition of the respondent from harassing, annoying, telephoning, contacting or otherwise communicating
with the petitioner, directly or indirectly;
(c) Removal and exclusion of the respondent from the residence of the petitioner, regardless of ownership of the
residence, either temporarily for the purpose of protecting the petitioner, or permanently where no property rights
are violated, and if respondent must remove personal effects from the residence, the court shall direct a law
enforcement agent to accompany the respondent has gathered his things and escort respondent from the
residence;
(d) Directing the respondent to stay away from petitioner and designated family or household member at a
distance specified by the court, and to stay away from the residence, school, place of employment, or any specified
place frequented by the petitioner and any designated family or household member;
(e) Directing lawful possession and use by petitioner of an automobile and other essential personal effects,
regardless of ownership, and directing the appropriate law enforcement officer to accompany the petitioner to
the residence of the parties to ensure that the petitioner is safely restored to the possession of the automobile and
other essential personal effects, or to supervise the petitioner’s or respondent’s removal of personal belongings;
(f) Granting a temporary or permanent custody of a child/children to the petitioner;
(g) Directing the respondent to provide support to the woman and/or her child if entitled to legal support.
Notwithstanding other laws to the contrary, the court shall order an appropriate percentage of the income or
salary of the respondent to be withheld regularly by the respondent’s employer for the same to be automatically
remitted directly to the woman. Failure to remit and/or withhold or any delay in the remittance of support to the
woman and/or her child without justifiable cause shall render the respondent or his employer liable for indirect
contempt of court;
(h) Prohibition of the respondent from any use or possession of any firearm or deadly weapon and order him to
surrender the same to the court for appropriate disposition by the court, including revocation of license and
disqualification to apply for any license to use or possess a firearm. If the offender is a law enforcement agent,
the court shall order the offender to surrender his firearm and shall direct the appropriate authority to investigate
on the offender and take appropriate action on matter;
(i) Restitution for actual damages caused by the violence inflicted, including, but not limited to, property damage,
medical expenses, childcare expenses and loss of income;
(j) Directing the DSWD or any appropriate agency to provide petitioner may need; and
(k) Provision of such other forms of relief as the court deems necessary to protect and provide for the safety of
the petitioner and any designated family or household member, provided petitioner and any designated family or
household member consents to such relief.
Any of the reliefs provided under this section shall be granted even in the absence of a decree of legal separation
or annulment or declaration of absolute nullity of marriage.
The issuance of a BPO or the pendency of an application for BPO shall not preclude a petitioner from applying
for, or the court from granting a TPO or PPO.
SECTION 9. Who may file Petition for Protection Orders. – A petition for protection order may be filed by any of the
following:

(a) the offended party;
(b) parents or guardians of the offended party;
(c) ascendants, descendants or collateral relatives within the fourth civil degree of consanguinity or affinity;
(d) officers or social workers of the DSWD or social workers of local government units (LGUs);
(e) police officers, preferably those in charge of women and children’s desks;
(f) Punong Barangay or Barangay Kagawad;
(g) lawyer, counselor, therapist or healthcare provider of the petitioner;
(h) At least two (2) concerned responsible citizens of the city or municipality where the violence against women
and their children occurred and who has personal knowledge of the offense committed.
SECTION 10. Where to Apply for a Protection Order. – Applications for BPOs shall follow the rules on venue under
Section 409 of the Local Government Code of 1991 and its implementing rules and regulations. An application
for a TPO or PPO may be filed in the regional trial court, metropolitan trial court, municipal trial court, municipal
circuit trial court with territorial jurisdiction over the place of residence of the petitioner: Provided, however, That
if a family court exists in the place of residence of the petitioner, the application shall be filed with that court.
SECTION 11. How to Apply for a Protection Order. – The application for a protection order must be in writing,
signed and verified under oath by the applicant. It may be filed as an independent action or as incidental relief in
any civil or criminal case the subject matter or issues thereof partakes of a violence as described in this Act. A
standard protection order application form, written in English with translation to the major local languages, shall
be made available to facilitate applications for protections order, and shall contain, among other, the following
information:
(a) names and addresses of petitioner and respondent;
(b) description of relationships between petitioner and respondent;
(c) a statement of the circumstances of the abuse;
(d) description of the reliefs requested by petitioner as specified in Section 8 herein;
(e) request for counsel and reasons for such;
(f) request for waiver of application fees until hearing; and
(g) an attestation that there is no pending application for a protection order in another court.
If the applicants is not the victim, the application must be accompanied by an affidavit of the applicant attesting
to (a) the circumstances of the abuse suffered by the victim and (b) the circumstances of consent given by the
victim for the filling of the application. When disclosure of the address of the victim will pose danger to her life,
it shall be so stated in the application. In such a case, the applicant shall attest that the victim is residing in the
municipality or city over which court has territorial jurisdiction, and shall provide a mailing address for purpose
of service processing.
An application for protection order filed with a court shall be considered an application for both a TPO and PPO.

Barangay officials and court personnel shall assist applicants in the preparation of the application. Law
enforcement agents shall also extend assistance in the application for protection orders in cases brought to their
attention.
SECTION 12. Enforceability of Protection Orders. – All TPOs and PPOs issued under this Act shall be enforceable
anywhere in the Philippines and a violation thereof shall be punishable with a fine ranging from Five Thousand
Pesos (P5,000.00) to Fifty Thousand Pesos (P50,000.00) and/or imprisonment of six (6) months.
SECTION 13. Legal Representation of Petitioners for Protection Order. – If the woman or her child requests in the
applications for a protection order for the appointment of counsel because of lack of economic means to hire a
counsel de parte, the court shall immediately direct the Public Attorney’s Office (PAO) to represent the petitioner
in the hearing on the application. If the PAO determines that the applicant can afford to hire the services of a
counsel de parte, it shall facilitate the legal representation of the petitioner by a counsel de parte. The lack of
access to family or conjugal resources by the applicant, such as when the same are controlled by the perpetrator,
shall qualify the petitioner to legal representation by the PAO.
However, a private counsel offering free legal service is not barred from representing the petitioner.
SECTION 14. Barangay Protection Orders (BPOs); Who May Issue and How. – Barangay Protection Orders (BPOs)
refer to the protection order issued by the Punong Barangay ordering the perpetrator to desist from committing
acts under Section 5 (a) and (b) of this Act. A Punong Barangay who receives applications for a BPO shall issue the
protection order to the applicant on the date of filing after ex parte determination of the basis of the application.
If the Punong Barangay is unavailable to act on the application for a BPO, the application shall be acted upon by
any available Barangay Kagawad. If the BPO is issued by a Barangay Kagawad the order must be accompanied by an
attestation by the Barangay Kagawad that the Punong Barangay was unavailable at the time for the issuance of the
BPO. BPOs shall be effective for fifteen (15) days. Immediately after the issuance of an ex parte BPO, the Punong
Barangay or Barangay Kagawad shall personally serve a copy of the same on the respondent, or direct any barangay
official to effect is personal service.
The parties may be accompanied by a non-lawyer advocate in any proceeding before the Punong Barangay.
SECTION 15. Temporary Protection Orders. – Temporary Protection Orders (TPOs) refers to the protection order
issued by the court on the date of filing of the application after ex parte determination that such order should be
issued. A court may grant in a TPO any, some or all of the reliefs mentioned in this Act and shall be effective for
thirty (30) days. The court shall schedule a hearing on the issuance of a PPO prior to or on the date of the
expiration of the TPO. The court shall order the immediate personal service of the TPO on the respondent by
the court sheriff who may obtain the assistance of law enforcement agents for the service. The TPO shall include
notice of the date of the hearing on the merits of the issuance of a PPO.
SECTION 16. Permanent Protection Orders. – Permanent Protection Order (PPO) refers to protection order issued
by the court after notice and hearing.
Respondents non-appearance despite proper notice, or his lack of a lawyer, or the non-availability of his lawyer
shall not be a ground for rescheduling or postponing the hearing on the merits of the issuance of a PPO. If the
respondents appears without counsel on the date of the hearing on the PPO, the court shall appoint a lawyer for
the respondent and immediately proceed with the hearing. In case the respondent fails to appear despite proper
notice, the court shall allow ex parte presentation of the evidence by the applicant and render judgment on the
basis of the evidence presented. The court shall allow the introduction of any history of abusive conduct of a
respondent even if the same was not directed against the applicant or the person for whom the applicant is made.
The court shall, to the extent possible, conduct the hearing on the merits of the issuance of a PPO in one (1) day.
Where the court is unable to conduct the hearing within one (1) day and the TPO issued is due to expire, the
court shall continuously extend or renew the TPO for a period of thirty (30) days at each particular time until
final judgment is issued. The extended or renewed TPO may be modified by the court as may be necessary or
applicable to address the needs of the applicant.

The court may grant any, some or all of the reliefs specified in Section 8 hereof in a PPO. A PPO shall be effective
until revoked by a court upon application of the person in whose favor the order was issued. The court shall
ensure immediate personal service of the PPO on respondent.
The court shall not deny the issuance of protection order on the basis of the lapse of time between the act of
violence and the filing of the application.
Regardless of the conviction or acquittal of the respondent, the Court must determine whether or not the PPO
shall become final. Even in a dismissal, a PPO shall be granted as long as there is no clear showing that the act
from which the order might arise did not exist.
SECTION 17. Notice of Sanction in Protection Orders. – The following statement must be printed in bold-faced type
or in capital letters on the protection order issued by the Punong Barangay or court:
“VIOLATION OF THIS ORDER IS PUNISHABLE BY LAW.”
SECTION 18. Mandatory Period For Acting on Applications For Protection Orders – Failure to act on an application for
a protection order within the reglementary period specified in the previous section without justifiable cause shall
render the official or judge administratively liable.
SECTION 19. Legal Separation Cases. – In cases of legal separation, where violence as specified in this Act is
alleged, Article 58 of the Family Code shall not apply. The court shall proceed on the main case and other incidents
of the case as soon as possible. The hearing on any application for a protection order filed by the petitioner must
be conducted within the mandatory period specified in this Act.
SECTION 20. Priority of Application for a Protection Order. – Ex parte and adversarial hearings to determine the
basis of applications for a protection order under this Act shall have priority over all other proceedings. Barangay
officials and the courts shall schedule and conduct hearings on applications for a protection order under this Act
above all other business and, if necessary, suspend other proceedings in order to hear applications for a protection
order.
SECTION 21. Violation of Protection Orders. – A complaint for a violation of a BPO issued under this Act must be
filed directly with any municipal trial court, metropolitan trial court, or municipal circuit trial court that has
territorial jurisdiction over the barangay that issued the BPO. Violation of a BPO shall be punishable by
imprisonment of thirty (30) days without prejudice to any other criminal or civil action that the offended party
may file for any of the acts committed.
A judgement of violation of a BPO ma be appealed according to the Rules of Court. During trial and upon
judgment, the trial court may motu proprio issue a protection order as it deems necessary without need of an
application.
Violation of any provision of a TPO or PPO issued under this Act shall constitute contempt of court punishable
under Rule 71 of the Rules of Court, without prejudice to any other criminal or civil action that the offended
party may file for any of the acts committed.
SECTION 22. Applicability of Protection Orders to Criminal Cases. – The foregoing provisions on protection orders
shall be applicable in impliedly instituted with the criminal actions involving violence against women and their
children.
SECTION 23. Bond to Keep the Peace. – The Court may order any person against whom a protection order is issued
to give a bond to keep the peace, to present two sufficient sureties who shall undertake that such person will not
commit the violence sought to be prevented.

Should the respondent fail to give the bond as required, he shall be detained for a period which shall in no case
exceed six (6) months, if he shall have been prosecuted for acts punishable under Section 5(a) to 5(f) and not
exceeding thirty (30) days, if for acts punishable under Section 5(g) to 5(I).
The protection orders referred to in this section are the TPOs and the PPOs issued only by the courts.
SECTION 24. Prescriptive Period. – Acts falling under Sections 5(a) to 5(f) shall prescribe in twenty (20) years. Acts
falling under Sections 5(g) to 5(I) shall prescribe in ten (10) years.
SECTION 25. Public Crime. – Violence against women and their children shall be considered a public offense
which may be prosecuted upon the filing of a complaint by any citizen having personal knowledge of the
circumstances involving the commission of the crime.
SECTION 26. Battered Woman Syndrome as a Defense. – Victim-survivors who are found by the courts to be
suffering from battered woman syndrome do not incur any criminal and civil liability notwithstanding the absence
of any of the elements for justifying circumstances of self-defense under the Revised Penal Code.
In the determination of the state of mind of the woman who was suffering from battered woman syndrome at
the time of the commission of the crime, the courts shall be assisted by expert psychiatrists/ psychologists.
SECTION 27. Prohibited Defense. – Being under the influence of alcohol, any illicit drug, or any other mind-
altering substance shall not be a defense under this Act.
SECTION 28. Custody of children. – The woman victim of violence shall be entitled to the custody and support of
her child/children. Children below seven (7) years old older but with mental or physical disabilities shall
automatically be given to the mother, with right to support, unless the court finds compelling reasons to order
otherwise.
A victim who is suffering from battered woman syndrome shall not be disqualified from having custody of her
children. In no case shall custody of minor children be given to the perpetrator of a woman who is suffering from
Battered woman syndrome.
SECTION 29. Duties of Prosecutors/Court Personnel. – Prosecutors and court personnel should observe the
following duties when dealing with victims under this Act:
a) communicate with the victim in a language understood by the woman or her child; and
b) inform the victim of her/his rights including legal remedies available and procedure, and privileges for indigent
litigants.
SECTION 30. Duties of Barangay Officials and Law Enforcers. – Barangay officials and law enforcers shall have the
following duties:
(a) respond immediately to a call for help or request for assistance or protection of the victim by entering the
necessary whether or not a protection order has been issued and ensure the safety of the victim/s;
(b) confiscate any deadly weapon in the possession of the perpetrator or within plain view;
(c) transport or escort the victim/s to a safe place of their choice or to a clinic or hospital;
(d) assist the victim in removing personal belongs from the house;
(e) assist the barangay officials and other government officers and employees who respond to a call for help;

(f) ensure the enforcement of the Protection Orders issued by the Punong Barangy or the courts;
(g) arrest the suspected perpetrator wiithout a warrant when any of the acts of violence defined by this Act is
occurring, or when he/she has personal knowledge that any act of abuse has just been committed, and there is
imminent danger to the life or limb of the victim as defined in this Act; and
(h) immediately report the call for assessment or assistance of the DSWD, social Welfare Department of LGUs
or accredited non-government organizations (NGOs).
Any barangay official or law enforcer who fails to report the incident shall be liable for a fine not exceeding Ten
Thousand Pesos (P10,000.00) or whenever applicable criminal, civil or administrative liability.
SECTION 31. Healthcare Provider Response to Abuse – Any healthcare provider, including, but not limited to, an
attending physician, nurse, clinician, barangay health worker, therapist or counselor who suspects abuse or has
been informed by the victim of violence shall:
(a) properly document any of the victim’s physical, emotional or psychological injuries;
(b) properly record any of victim’s suspicions, observations and circumstances of the examination or visit;
(c) automatically provide the victim free of charge a medical certificate concerning the examination or visit;
(d) safeguard the records and make them available to the victim upon request at actual cost; and
(e) provide the victim immediate and adequate notice of rights and remedies provided under this Act, and services
available to them.
SECTION 32. Duties of Other Government Agencies and LGUs – Other government agencies and LGUs shall
establish programs such as, but not limited to, education and information campaign and seminars or symposia on
the nature, causes, incidence and consequences of such violence particularly towards educating the public on its
social impacts.
It shall be the duty of the concerned government agencies and LGU’s to ensure the sustained education and
training of their officers and personnel on the prevention of violence against women and their children under the
Act.
SECTION 33. Prohibited Acts. – A Punong Barangay, Barangay Kagawad or the court hearing an application for a
protection order shall not order, direct, force or in any way unduly influence he applicant for a protection order
to compromise or abandon any of the reliefs sought in the application for protection under this Act. Section 7 of
the Family Courts Act of 1997 and Sections 410, 411, 412 and 413 of the Local Government Code of 1991 shall
not apply in proceedings where relief is sought under this Act.
Failure to comply with this Section shall render the official or judge administratively liable.
SECTION 34. Persons Intervening Exempt from Liability. – In every case of violence against women and their
children as herein defined, any person, private individual or police authority or barangay official who, acting in
accordance with law, responds or intervenes without using violence or restraint greater than necessary to ensure
the safety of the victim, shall not be liable for any criminal, civil or administrative liability resulting therefrom.
SECTION 35. Rights of Victims. – In addition to their rights under existing laws, victims of violence against
women and their children shall have the following rights:
(a) to be treated with respect and dignity;

(b) to avail of legal assistance form the PAO of the Department of Justice (DOJ) or any public legal assistance
office;
(c) To be entitled to support services form the DSWD and LGUs’
(d) To be entitled to all legal remedies and support as provided for under the Family Code; and
(e) To be informed of their rights and the services available to them including their right to apply for a protection
order.
SECTION 36. Damages. – Any victim of violence under this Act shall be entitled to actual, compensatory, moral
and exemplary damages.
SECTION 37. Hold Departure Order. – The court shall expedite the process of issuance of a hold departure order
in cases prosecuted under this Act.
SECTION 38. Exemption from Payment of Docket Fee and Other Expenses. – If the victim is an indigent or there is an
immediate necessity due to imminent danger or threat of danger to act on an application for a protection order,
the court shall accept the application without payment of the filing fee and other fees and of transcript of
stenographic notes.
SECTION 39. Inter-Agency Council on Violence Against Women and Their Children (IAC-VAWC). In pursuance of the
abovementioned policy, there is hereby established an Inter-Agency Council on Violence Against Women and
their children, hereinafter known as the Council, which shall be composed of the following agencies:
(a) Department of Social Welfare and Development (DSWD);
(b) National Commission on the Role of Filipino Women (NCRFW);
(c) Civil Service Commission (CSC);
(d) Commission on Human rights (CHR)
(e) Council for the Welfare of Children (CWC);
(f) Department of Justice (DOJ);
(g) Department of the Interior and Local Government (DILG);
(h) Philippine National Police (PNP);
(i) Department of Health (DOH);
(j) Department of Education (DepEd);
(k) Department of Labor and Employment (DOLE); and
(l) National Bureau of Investigation (NBI).
These agencies are tasked to formulate programs and projects to eliminate VAW based on their mandates as well
as develop capability programs for their employees to become more sensitive to the needs of their clients. The
Council will also serve as the monitoring body as regards to VAW initiatives.
The Council members may designate their duly authorized representative who shall have a rank not lower than
an assistant secretary or its equivalent. These representatives shall attend Council meetings in their behalf, and
shall receive emoluments as may be determined by the Council in accordance with existing budget and accounting
rules and regulations.
SECTION 40. Mandatory Programs and Services for Victims. – The DSWD, and LGU’s shall provide the victims
temporary shelters, provide counseling, psycho-social services and /or, recovery, rehabilitation programs and
livelihood assistance.
The DOH shall provide medical assistance to victims.
SECTION 41. Counseling and Treatment of Offenders. – The DSWD shall provide rehabilitative counseling and
treatment to perpetrators towards learning constructive ways of coping with anger and emotional outbursts and

reforming their ways. When necessary, the offender shall be ordered by the Court to submit to psychiatric
treatment or confinement.
SECTION 42. Training of Persons Involved in Responding to Violence Against Women and their Children Cases. – All
agencies involved in responding to violence against women and their children cases shall be required to undergo
education and training to acquaint them with:
a. the nature, extend and causes of violence against women and their children;
b. the legal rights of, and remedies available to, victims of violence against women and their children;
c. the services and facilities available to victims or survivors;
d. the legal duties imposed on police officers to make arrest and to offer protection and assistance; and
e. techniques for handling incidents of violence against women and their children that minimize the likelihood of
injury to the officer and promote the safety of the victim or survivor.
The PNP, in coordination with LGU’s shall establish an education and training program for police officers and
barangay officials to enable them to properly handle cases of violence against women and their children.
SECTION 43. Entitled to Leave. – Victims under this Act shall be entitled to take a paid leave of absence up to
ten (10) days in addition to other paid leaves under the Labor Code and Civil Service Rules and Regulations,
extendible when the necessity arises as specified in the protection order.
Any employer who shall prejudice the right of the person under this section shall be penalized in accordance with
the provisions of the Labor Code and Civil Service Rules and Regulations. Likewise, an employer who shall
prejudice any person for assisting a co-employee who is a victim under this Act shall likewise be liable for
discrimination.
SECTION 44. Confidentiality. – All records pertaining to cases of violence against women and their children
including those in the barangay shall be confidential and all public officers and employees and public or private
clinics to hospitals shall respect the right to privacy of the victim. Whoever publishes or causes to be published,
in any format, the name, address, telephone number, school, business address, employer, or other identifying
information of a victim or an immediate family member, without the latter’s consent, shall be liable to the
contempt power of the court.
Any person who violates this provision shall suffer the penalty of one (1) year imprisonment and a fine of not
more than Five Hundred Thousand pesos (P500,000.00).
SECTION 45. Funding – The amount necessary to implement the provisions of this Act shall be included in the
annual General Appropriations Act (GAA).
The Gender and Development (GAD) Budget of the mandated agencies and LGU’s shall be used to implement
services for victim of violence against women and their children.
SECTION 46. Implementing Rules and Regulations. – Within six (6) months from the approval of this Act, the DOJ,
the NCRFW, the DSWD, the DILG, the DOH, and the PNP, and three (3) representatives from NGOs to be
identified by the NCRFW, shall promulgate the Implementing Rules and Regulations (IRR) of this Act.
SECTION 47. Suppletory Application – For purposes of this Act, the Revised Penal Code and other applicable
laws, shall have suppletory application.

SECTION 48. Separability Clause. – If any section or provision of this Act is held unconstitutional or invalid, the
other sections or provisions shall not be affected.
SECTION 49. Repealing Clause – All laws, Presidential decrees, executive orders and rules and regulations, or
parts thereof, inconsistent with the provisions of this Act are hereby repealed or modified accordingly.
SECTION 50. Effectivity – This Act shall take effect fifteen (15) days from the date of its complete publication
in at least two (2) newspapers of general circulation.
Approved,
JOSE DE VENECIA JR. FRANKLIN DRILON

Speaker of the House of Representatives President of the Senate
This Act, which is a consolidation of Senate Bill No. 2723 and House Bill Nos. 5516 and 6054, was finally passed
by the Senate and the House of Representatives on January 29, 2004 and February 2, 2004, respectively.
(Sgd.) ROBERTO P. NAZARENO (Sgd.) OSCAR G. YABES

Secretary General Secretary of Senate
House of Represenatives
Approved: March 08, 2004
(Sgd.) GLORIA MACAPAGAL-ARROYO

F. RA 9710 – The Magna Carta of Women

AN ACT PROVIDING FOR THE MAGNA CARTA OF WOMEN
CHAPTER I
General Provisions
SECTION 1. Short Title. — This Act shall be known as “The Magna Carta of Women”.
SECTION 2. Declaration of Policy. — Recognizing that the economic, political, and sociocultural realities
affect women’s current condition, the State affirms the role of women in nation building and ensures the
substantive equality of women and men. It shall promote empowerment of women and pursue equal
opportunities for women and men and ensure equal access to resources and to development results and outcome.
Further, the State realizes that equality of men and women entails the abolition of the unequal structures and
practices that perpetuate discrimination and inequality. To realize this, the State shall endeavor to develop plans,
policies, programs, measures, and mechanisms to address discrimination and inequality in the economic, political,
social, and cultural life of women and men.
The State condemns discrimination against women in all its forms and pursues by all appropriate means and
without delay the policy of eliminating discrimination against women in keeping with the Convention on the
Elimination of All Forms of Discrimination Against Women (CEDAW) and other international instruments
consistent with Philippine law. The State shall accord women the rights, protection, and opportunities available
to every member of society.
The State affirms women’s rights as human rights and shall intensify its efforts to fulfill its duties under
international and domestic law to recognize, respect, protect, fulfill, and promote all human rights and
fundamental freedoms of women, especially marginalized women, in the economic, social, political, cultural, and

other fields without distinction or discrimination on account of class, age, sex, gender, language, ethnicity, religion,
ideology, disability, education, and status.
The State shall provide the necessary mechanisms to enforce women’s rights and adopt and undertake all legal
measures necessary to foster and promote the equal opportunity for women to participate in and contribute to
the development of the political, economic, social, and cultural realms.
The State, in ensuring the full integration of women’s concerns in the mainstream of development, shall provide
ample opportunities to enhance and develop their skills, acquire productive employment and contribute to their
families and communities to the fullest of their capabilities.
In pursuance of this policy, the State reaffirms the right of women in all sectors to participate in policy formulation,
planning, organization, implementation, management, monitoring, and evaluation of all programs, projects, and
services. It shall support policies, researches, technology, and training programs and other support services such
as financing, production, and marketing to encourage active participation of women in national development.
SECTION 3. Principles of Human Rights of Women. — Human rights are universal and inalienable. All
people in the world are entitled to them. The universality of human rights is encompassed in the words of Article
1 of the Universal Declaration of Human Rights, which states that all human beings are free and equal in dignity
and rights.
Human rights are indivisible. Human rights are inherent to the dignity of every human being whether they relate
to civil, cultural, economic, political, or social issues.
Human rights are interdependent and interrelated. The fulfillment of one right often depends, wholly or in part,
upon the fulfillment of others.
All individuals are equal as human beings by virtue of the inherent dignity of each human person. No one,
therefore, should suffer discrimination on the basis of ethnicity, gender, age, language, sexual orientation, race,
color, religion, political, or other opinion, national, social, or geographical origin, disability, property, birth, or
other status as established by human rights standards.
All people have the right to participate in and access information relating to the decision-making processes that
affect their lives and well-being. Rights-based approaches require a high degree of participation by communities,
civil society, minorities, women, young people, indigenous peoples, and other identified groups.
States and other duty-bearers are answerable for the observance of human rights. They have to comply with the
legal norms and standards enshrined in international human rights instruments in accordance with the Philippine
Constitution. Where they fail to do so, aggrieved rights-holders are entitled to institute proceedings for appropriate
redress before a competent court or other adjudicator in accordance with the rules and procedures provided by
law.
CHAPTER II
Definition of Terms
SECTION 4. Definitions. — For purposes of this Act, the following terms shall mean:
(a) “Women Empowerment” refers to the provision, availability, and accessibility of opportunities, services,
and observance of human rights which enable women to actively participate and contribute to the political,
economic, social, and cultural development of the nation as well as those which shall provide them equal access
to ownership, management, and control of production, and of material and informational resources and benefits
in the family, community, and society.

(b) “Discrimination Against Women” refers to any gender-based distinction, exclusion, or restriction which
has the effect or purpose of impairing or nullifying the recognition, enjoyment, or exercise by women, irrespective
of their marital status, on a basis of equality of men and women, of human rights and fundamental freedoms in
the political, economic, social, cultural, civil, or any other field.
It includes any act or omission, including by law, policy, administrative measure, or practice, that directly or
indirectly excludes or restricts women in the recognition and promotion of their rights and their access to and
enjoyment of opportunities, benefits, or privileges.
A measure or practice of general application is discrimination against women if it fails to provide for mechanisms
to offset or address sex or gender-based disadvantages or limitations of women, as a result of which women are
denied or restricted in the recognition and protection of their rights and in their access to and enjoyment of
opportunities, benefits, or privileges; or women, more than men, are shown to have suffered the greater adverse
effects of those measures or practices.
Provided, finally, that discrimination compounded by or intersecting with other grounds, status, or condition,
such as ethnicity, age, poverty, or religion shall be considered discrimination against women under this Act.
(c) “Marginalization” refers to a condition where a whole category of people is excluded from useful and
meaningful participation in political, economic, social, and cultural life.
(d) “Marginalized” refers to the basic, disadvantaged, or vulnerable persons or groups who are mostly living
in poverty and have little or no access to land and other resources, basic social and economic services such as
health care, education, water and sanitation, employment and livelihood opportunities, housing, social security,
physical infrastructure, and the justice system.
These include, but are not limited to, women in the following sectors and groups:
(1) “Small Farmers and Rural Workers” refers to those who are engaged directly or indirectly in small farms
and forest areas, workers in commercial farms and plantations, whether paid or unpaid, regular or season-bound.
These shall include, but are not limited to, (a) small farmers who own or are still amortizing for lands that is not
more than three (3) hectares, tenants, leaseholders, and stewards; and (b) rural workers who are either wage earners,
self-employed, unpaid family workers directly and personally engaged in agriculture, small-scale mining,
handicrafts, and other related farm and off-farm activities;
(2) “Fisherfolk” refers to those directly or indirectly engaged in taking, culturing, or processing fishery or
aquatic resources. These include, but are not to be limited to, women engaged in fishing in municipal waters,
coastal and marine areas, women workers in commercial fishing and aquaculture, vendors and processors of fish
and coastal products, and subsistence producers such as shell-gatherers, managers, and producers of mangrove
resources, and other related producers;
(3) “Urban Poor” refers to those residing in urban and urbanizable slum or blighted areas, with or without
the benefit of security of abode, where the income of the head of the family cannot afford in a sustained manner
to provide for the family’s basic needs of food, health, education, housing, and other essentials in life;
(4) “Workers in the Formal Economy” refers to those who are employed by any person acting directly or
indirectly in the interest of an employer in relation to an employee and shall include the government and all its
branches, subdivisions, and instrumentalities, all government-owned and -controlled corporations and institutions,
as well as nonprofit private institutions or organizations;
(5) “Workers in the Informal Economy” refers to self-employed, occasionally or personally hired,
subcontracted, paid and unpaid family workers in household incorporated and unincorporated enterprises,
including home workers, micro-entrepreneurs and producers, and operators of sari-sari stores and all other
categories who suffer from violation of workers’ rights;

(6) “Migrant Workers” refers to Filipinos who are to be engaged, are engaged, or have been engaged in a
remunerated activity in a State of which they are not legal residents, whether documented or undocumented;
(7) “Indigenous Peoples” refers to a group of people or homogenous societies identified by self-ascription
and ascription by other, who have continuously lived as organized community on communally bounded and
defined territory, and who have, under claims of ownership since time immemorial, occupied, possessed customs,
tradition, and other distinctive cultural traits, or who have, through resistance to political, social, and cultural
inroads of colonization, non-indigenous religions and culture, became historically differentiated from the majority
of Filipinos. They shall likewise include peoples who are regarded as indigenous on account of their descent from
the populations which inhabited the country, at the time of conquest or colonization, or at the time of inroads of
non-indigenous religions and cultures, or the establishment of present state boundaries, who retain some or all of
their own social, economic, cultural, and political institutions, but who may have been displaced from their
traditional domains or who may have resettled outside their ancestral domains as defined under Section 3 (h),
Chapter II of Republic Act No. 8371, otherwise known as “The Indigenous Peoples Rights Act of 1997” (IPRA
of 1997);
(8) “Moro” refers to native peoples who have historically inhabited Mindanao, Palawan, and Sulu, and who
are largely of the Islamic faith;
(9) “Children” refers to those who are below eighteen (18) years of age or over but are unable to fully take
care of themselves or protect themselves from abuse, neglect, cruelty, exploitation, or discrimination because of
a physical or mental disability or condition;
(10) “Senior Citizens” refers to those sixty (60) years of age and above;
(11) “Persons with Disabilities” refers to those who are suffering from restriction or different abilities, as a
result of a mental, physical, or sensory impairment to perform an activity in the manner or within the range
considered normal for a human being; and
(12) “Solo Parents” refers to those who fall under the category of a solo parent defined under Republic Act
No. 8972, otherwise known as the “Solo Parents Welfare Act of 2000”.
(e) “Substantive Equality” refers to the full and equal enjoyment of rights and freedoms contemplated under
this Act. It encompasses de jure and de facto equality and also equality in outcomes.
(f) “Gender Equality” refers to the principle asserting the equality of men and women and their right to
enjoy equal conditions realizing their full human potentials to contribute to and benefit from the results of
development, and with the State recognizing that all human beings are free and equal in dignity and rights.
(g) “Gender Equity” refers to the policies, instruments, programs, services, and actions that address the
disadvantaged position of women in society by providing preferential treatment and affirmative action. Such
temporary special measures aimed at accelerating de facto equality between men and women shall not be
considered discriminatory but shall in no way entail as a consequence the maintenance of unequal or separate
standards. These measures shall be discontinued when the objectives of equality of opportunity and treatment
have been achieved.
(h) “Gender and Development (GAD)” refers to the development perspective and process that are
participatory and empowering, equitable, sustainable, free from violence, respectful of human rights, supportive
of self-determination and actualization of human potentials. It seeks to achieve gender equality as a fundamental
value that should be reflected in development choices; seeks to transform society’s social, economic and political
structures and questions the validity of the gender roles they ascribed to women and men; contends that women
are active agents of development and not just passive recipients of development assistance; and stresses the need
of women to organize themselves and participate in political processes to strengthen their legal rights.

(i) “Gender Mainstreaming” refers to the strategy for making women’s as well as men’s concerns and
experiences an integral dimension of the design, implementation, monitoring, and evaluation of policies and
programs in all political, economic, and societal spheres so that women and men benefit equally and inequality is
not perpetuated. It is the process of assessing the implications for women and men of any planned action,
including legislation, policies, or programs in all areas and at all levels.
(j) “Temporary Special Measures” refers to a variety of legislative, executive, administrative, and regulatory
instruments, policies, and practices aimed at accelerating this de facto equality of women in specific areas. These
measures shall not be considered discriminatory but shall in no way entail as a consequence the maintenance of
unequal or separate standards. They shall be discontinued when their objectives have been achieved.
(k) “Violence Against Women” refers to any act of gender-based violence that results in, or is likely to result
in, physical, sexual, or psychological harm or suffering to women, including threats of such acts, coercion, or
arbitrary deprivation of liberty, whether occurring in public or in private life. It shall be understood to encompass,
but not limited to, the following:
(1) Physical, sexual, psychological, and economic violence occurring in the family, including battering, sexual
abuse of female children in the household, dowry-related violence, marital rape, and other traditional practices
harmful to women, non-spousal violence, and violence related to exploitation;
(2) Physical, sexual, and psychological violence occurring within the general community, including rape,
sexual abuse, sexual harassment, and intimidation at work, in educational institutions and elsewhere, trafficking
in women, and prostitution; and
(3) Physical, sexual, and psychological violence perpetrated or condoned by the State, wherever it occurs.
It also includes acts of violence against women as defined in Republic Acts No. 9208 and 9262.
(l) “Women in the Military” refers to women employed in the military, both in the major and technical
services, who are performing combat and/or noncombat functions, providing security to the State, and protecting
the people from various forms of threat. It also includes women trainees in all military training institutions.
(m) “Social Protection” refers to policies and programs that seek to reduce poverty and vulnerability to risks
and enhance the social status and rights of all women, especially the marginalized by promoting and protecting
livelihood and employment, protecting against hazards and sudden loss of income, and improving people’s
capacity to manage risk. Its components are labor market programs, social insurance, social welfare, and social
safety nets.
CHAPTER III
Duties Related to the Human Rights of Women
The State, private sector, society in general, and all individuals shall contribute to the recognition, respect, and
promotion of the rights of women defined and guaranteed under this Act.
SECTION 5. The State as the Primary Duty-Bearer. — The State, as the primary duty-bearer, shall:
(a) Refrain from discriminating against women and violating their rights;
(b) Protect women against discrimination and from violation of their rights by private corporations,
entities, and individuals; and
(c) Promote and fulfill the rights of women in all spheres, including their rights to substantive equality
and non-discrimination.
The State shall fulfill these duties through law, policy, regulatory instruments, administrative guidelines, and other
appropriate measures, including temporary special measures.

Recognizing the interrelation of the human rights of women, the State shall take measures and establish
mechanisms to promote the coherent and integrated implementation and enforcement of this Act and related
laws, policies, or other measures to effectively stop discrimination against and advance the rights of women.
The State shall keep abreast with and be guided by progressive developments in human rights of women under
international law and design of policies, laws, and other measures to promote the objectives of this Act.
SECTION 6. Duties of the State Agencies and Instrumentalities. — These duties of the State shall extend
to all state agencies, offices, and instrumentalities at all levels and government-owned and -controlled corporations,
subject to the Constitution and pertinent laws, policies, or administrative guidelines that define specific duties of
state agencies and entities concerned.
SECTION 7. Suppletory Effect. — This chapter shall be deemed integrated into and be suppletory to other
provisions of this Act, particularly those that guarantee specific rights to women and define specific roles and
require specific conduct of state organs.
CHAPTER IV
Rights and Empowerment
SECTION 8. Human Rights of Women. — All rights in the Constitution and those rights recognized under
international instruments duly signed and ratified by the Philippines, in consonance with Philippine law, shall be
rights of women under this Act to be enjoyed without discrimination.
SECTION 9. Protection from Violence. — The State shall ensure that all women shall be protected from
all forms of violence as provided for in existing laws. Agencies of government shall give priority to the defense
and protection of women against gender-based offenses and help women attain justice and healing.
Towards this end, measures to prosecute and reform offenders shall likewise be pursued. (a) Within the next
five (5) years, there shall be an incremental increase in the recruitment and training of women in the police force,
forensics and medico-legal, legal services, and social work services availed of by women who are victims of gender-
related offenses until fifty percent (50%) of the personnel thereof shall be women.
(b) Women shall have the right to protection and security in situations of armed conflict and militarization.
Towards this end, they shall be protected from all forms of gender-based violence, particularly rape and other
forms of sexual abuse, and all forms of violence in situations of armed conflict. The State shall observe
international standards for the protection of civilian population in circumstances of emergency and armed conflict.
It shall not force women, especially indigenous peoples, to abandon their lands, territories, and means of
subsistence, or relocate them in special centers for military purposes under any discriminatory condition.
(c) All government personnel involved in the protection and defense of women against gender-based
violence shall undergo a mandatory training on human rights and gender sensitivity pursuant to this Act.
(d) All local government units shall establish a Violence Against Women’s Desk in every barangay to ensure
that violence against women cases are fully addressed in a gender-responsive manner.
SECTION 10. Women Affected by Disasters, Calamities, and Other Crisis Situations. — Women have the
right to protection and security in times of disasters, calamities, and other crisis situations especially in all phases
of relief, recovery, rehabilitation, and construction efforts. The State shall provide for immediate humanitarian
assistance, allocation of resources, and early resettlement, if necessary. It shall also address the particular needs of
women from a gender perspective to ensure their full protection from sexual exploitation and other sexual and
gender-based violence committed against them. Responses to disaster situations shall include the provision of
services, such as psychosocial support, livelihood support, education, psychological health, and comprehensive
health services, including protection during pregnancy.

SECTION 11. Participation and Representation. — The State shall undertake temporary special measures to
accelerate the participation and equitable representation of women in all spheres of society particularly in the
decision-making and policy-making processes in government and private entities to fully realize their role as agents
and beneficiaries of development.
The State shall institute the following affirmative action mechanisms so that women can participate meaningfully
in the formulation, implementation, and evaluation of policies, plans, and programs for national, regional, and
local development:
(a) Empowerment within the Civil Service. — Within the next five (5) years, the number of women in third
(3rd) level positions in government shall be incrementally increased to achieve a fifty-fifty (50-50) gender balance;
(b) Development Councils and Planning Bodies. — To ensure the participation of women in all levels of
development planning and program implementation, at least forty percent (40%) of membership of all
development councils from the regional, provincial, city, municipal and barangay levels shall be composed of
women;
(c) Other Policy and Decision-Making Bodies. — Women’s groups shall also be represented in international,
national, and local special and decision-making bodies;
(d) International Bodies. — The State shall take all appropriate measures to ensure the opportunity of
women, on equal terms with men and without any discrimination, to represent their governments at the
international level and to participate in the work of international organizations;
(e) Integration of Women in Political Parties. — The State shall provide incentives to political parties with
women’s agenda. It shall likewise encourage the integration of women in their leadership hierarchy, internal policy-
making structures, appointive, and electoral nominating processes; and
(f) Private Sector. — The State shall take measures to encourage women leadership in the private sector in
the form of incentives.
SECTION 12. Equal Treatment Before the Law. — The State shall take steps to review and, when necessary,
amend and/or repeal existing laws that are discriminatory to women within three (3) years from the effectivity of
this Act.
SECTION 13. Equal Access and Elimination of Discrimination in Education, Scholarships, and Training. —
(a) The State shall ensure that gender stereotypes and images in educational materials and curricula are adequately
and appropriately revised. Gender-sensitive language shall be used at all times. Capacity-building on gender and
development (GAD), peace and human rights, education for teachers, and all those involved in the education
sector shall be pursued toward this end. Partnerships between and among players of the education sector,
including the private sector, churches, and faith groups shall be encouraged.
(b) Enrollment of women in nontraditional skills training in vocational and tertiary levels shall be
encouraged.
(c) Expulsion and non-readmission of women faculty due to pregnancy outside of marriage shall be
outlawed. No school shall turn out or refuse admission to a female student solely on the account of her having
contracted pregnancy outside of marriage during her term in school.
SECTION 14. Women in Sports. — The State shall develop, establish, and strengthen programs for the
participation of women and girl-children in competitive and noncompetitive sports as a means to achieve
excellence, promote physical and social well-being, eliminate gender-role stereotyping, and provide equal access
to the full benefits of development for all persons regardless of sex, gender identity, and other similar factors.

For this purpose, all sports-related organizations shall create guidelines that will establish and integrate affirmative
action as a strategy and gender equality as a framework in planning and implementing their policies, budgets,
programs, and activities relating to the participation of women and girls in sports.
The State will also provide material and nonmaterial incentives to local government units, media organizations,
and the private sector for promoting, training, and preparing women and girls for participation in competitive
and noncompetitive sports, especially in local and international events, including, but not limited to, the Palarong
Pambansa, Southeast Asian Games, Asian Games, and the Olympics.
No sports event or tournament will offer or award a different sports prize, with respect to its amount or value, to
women and men winners in the same sports category: Provided, That the said tournament, contest, race, match,
event, or game is open to both sexes: Provided, further, That the sports event or tournament is divided into male
or female divisions.
The State shall also ensure the safety and well-being of all women and girls participating in sports, especially, but
not limited to, trainees, reserve members, members, coaches, and mentors of national sports teams, whether in
studying, training, or performance phases, by providing them comprehensive health and medical insurance
coverage, as well as integrated medical, nutritional, and healthcare services.
Schools, colleges, universities, or any other learning institution shall take into account its total women student
population in granting athletic scholarship. There shall be a pro rata representation of women in the athletic
scholarship program based on the percentage of women in the whole student population.
SECTION 15. Women in the Military. — The State shall pursue appropriate measures to eliminate
discrimination of women in the military, police, and other similar services, including revising or abolishing policies
and practices that restrict women from availing of both combat and noncombat training that are open to men, or
from taking on functions other than administrative tasks, such as engaging in combat, security-related, or field
operations. Women in the military shall be accorded the same promotional privileges and opportunities as men,
including pay increases, additional remunerations and benefits, and awards based on their competency and quality
of performance. Towards this end, the State shall ensure that the personal dignity of women shall always be
respected.
Women in the military, police, and other similar services shall be provided with the same right to employment as
men on equal conditions. Equally, they shall be accorded the same capacity as men to act in and enter into
contracts, including marriage.
Further, women in the military, police, and other similar services shall be entitled to leave benefits such as
maternity leave, as provided for by existing laws.
SECTION 16. Nondiscriminatory and Nonderogatory Portrayal of Women in Media and Film. — The State
shall formulate policies and programs for the advancement of women in collaboration with government and
nongovernment media-related organizations. It shall likewise endeavor to raise the consciousness of the general
public in recognizing the dignity of women and the role and contribution of women in the family, community,
and the society through the strategic use of mass media.
For this purpose, the State shall ensure allocation of space, airtime, and resources, strengthen programming,
production, and image-making that appropriately present women’s needs, issues, and concerns in all forms of
media, communication, information dissemination, and advertising.
The State, in cooperation with all schools of journalism, information, and communication, as well as the national
media federations and associations, shall require all media organizations and corporations to integrate into their
human resource development components regular training on gender equality and gender-based discrimination,
create and use gender equality guidelines in all aspects of management, training, production, information,
dissemination, communication, and programming; and convene a gender equality committee that will promote

gender mainstreaming as a framework and affirmative action as a strategy, and monitor and evaluate the
implementation of gender equality guidelines.
SECTION 17. Women’s Right to Health. — (a) Comprehensive Health Services. — The State shall, at all
times, provide for a comprehensive, culture-sensitive, and gender-responsive health services and programs
covering all stages of a woman’s life cycle and which addresses the major causes of women’s mortality and
morbidity: Provided, That in the provision for comprehensive health services, due respect shall be accorded to
women’s religious convictions, the rights of the spouses to found a family in accordance with their religious
convictions, and the demands of responsible parenthood, and the right of women to protection from hazardous
drugs, devices, interventions, and substances.
Access to the following services shall be ensured:
(1) Maternal care to include pre- and post-natal services to address pregnancy and infant health and
nutrition;
(2) Promotion of breastfeeding;
(3) Responsible, ethical, legal, safe, and effective methods of family planning;
(4) Family and State collaboration in youth sexuality education and health services without prejudice to the
primary right and duty of parents to educate their children;
(5) Prevention and management of reproductive tract infections, including sexually transmitted diseases,
HIV, and AIDS;
(6) Prevention and management of reproductive tract cancers like breast and cervical cancers, and other
gynecological conditions and disorders;
(7) Prevention of abortion and management of pregnancy-related complications;
(8) In cases of violence against women and children, women and children victims and survivors shall be
provided with comprehensive health services that include psychosocial, therapeutic, medical, and legal
interventions and assistance towards healing, recovery, and empowerment;
(9) Prevention and management of infertility and sexual dysfunction pursuant to ethical norms and
medical standards;
(10) Care of the elderly women beyond their child-bearing years; and
(11) Management, treatment, and intervention of mental health problems of women and girls.
In addition, healthy lifestyle activities are encouraged and promoted through programs and projects as strategies
in the prevention of diseases.
(b) Comprehensive Health Information and Education. — The State shall provide women in all sectors
with appropriate, timely, complete, and accurate information and education on all the above-stated aspects of
women’s health in government education and training programs, with due regard to the following:
(1) The natural and primary right and duty of parents in the rearing of the youth and the development of
moral character and the right of children to be brought up in an atmosphere of morality and rectitude for the
enrichment and strengthening of character;
(2) The formation of a person’s sexuality that affirms human dignity; and
(3) Ethical, legal, safe, and effective family planning methods including fertility awareness.
SECTION 18. Special Leave Benefits for Women. — A woman employee having rendered continuous
aggregate employment service of at least six (6) months for the last twelve (12) months shall be entitled to a special
leave benefit of two (2) months with full pay based on her gross monthly compensation following surgery caused
by gynecological disorders.
SECTION 19. Equal Rights in All Matters Relating to Marriage and Family Relations. — The State shall take
all appropriate measures to eliminate discrimination against women in all matters relating to marriage and family
relations and shall ensure:

(a) the same rights to enter into and leave marriages or common law relationships referred to under the
Family Code without prejudice to personal or religious beliefs;
(b) the same rights to choose freely a spouse and to enter into marriage only with their free and full
consent. The betrothal and the marriage of a child shall have no legal effect;
(c) the joint decision on the number and spacing of their children and to have access to the information,
education and means to enable them to exercise these rights;
(d) the same personal rights between spouses or common law spouses including the right to choose freely
a profession and an occupation;
(e) the same rights for both spouses or common law spouses in respect of the ownership, acquisition,
management, administration, enjoyment, and disposition of property;
(f) the same rights to properties and resources, whether titled or not, and inheritance, whether formal or
customary; and
(g) women shall have equal rights with men to acquire, change, or retain their nationality. The State shall
ensure in particular that neither marriage to an alien nor change of nationality by the husband during marriage
shall automatically change the nationality of the wife, render her stateless or force upon her the nationality of
the husband. Various statutes of other countries concerning dual citizenship that may be enjoyed equally by
women and men shall likewise be considered.
Customary laws shall be respected: Provided, however, that they do not discriminate against women.
CHAPTER V
Rights and Empowerment of Marginalized Sectors
Women in marginalized sectors are hereby guaranteed all civil, political, social, and economic rights recognized,
promoted, and protected under existing laws including, but not limited to, the Indigenous Peoples Rights Act, the
Urban Development and Housing Act, the Comprehensive Agrarian Reform Law, the Fisheries Code, the Labor
Code, the Migrant Workers Act, the Solo Parents Welfare Act, and the Social Reform and Poverty Alleviation
Act.
SECTION 20. Food Security and Productive Resources. — The State recognizes the contribution of women
to food production and shall ensure its sustainability and sufficiency with the active participation of women.
Towards this end, the State shall guarantee, at all times, the availability in the market of safe and health-giving
food to satisfy the dietary needs of the population, giving particular attention to the specific needs of poor girl-
children and marginalized women, especially pregnant and lactating mothers and their young children. To further
address this, the State shall ensure:
(a) Right to Food. — The State shall guarantee the availability of food in quantity and quality sufficient to
satisfy the dietary needs of individuals, the physical and economic accessibility for everyone to adequate food that
is culturally acceptable and free from unsafe substances and culturally accepted, and the accurate and substantial
information to the availability of food, including the right to full, accurate, and truthful information about safe
and health-giving foods and how to produce and have regular and easy access to them;
(b) Right to Resources for Food Production. — The State shall guarantee women a vital role in food
production by giving priority to their rights to land, credit, and infrastructure support, technical training, and
technological and marketing assistance. The State shall promote women-friendly technology as a high priority
activity in agriculture and shall promote the right to adequate food by proactively engaging in activities intended
to strengthen access to, utilization of, and receipt of accurate and substantial information on resources and means
to ensure women’s livelihood, including food security:
(1) Equal status shall be given to women and men, whether married or not, in the titling of the land and
issuance of stewardship contracts and patents;
(2) Equal treatment shall be given to women and men beneficiaries of the agrarian reform program, wherein
the vested right of a woman agrarian reform beneficiary is defined by a woman’s relationship to tillage, i.e., her
direct and indirect contribution to the development of the land;

(3) Customary rights of women to the land, including access to and control of the fruits and benefits, shall
be recognized in circumstances where private ownership is not possible, such as ancestral domain claims;
(4) Information and assistance in claiming rights to the land shall be made available to women at all times;
(5) Equal rights to women to the enjoyment, use, and management of land, water, and other natural
resources within their communities or ancestral domains;
(6) Equal access to the use and management of fisheries and aquatic resources, and all the rights and benefits
accruing to stakeholders in the fishing industry;
(7) Equal status shall be given to women and men in the issuance of stewardship or lease agreements and
other fishery rights that may be granted for the use and management of coastal and aquatic resources. In the same
manner, women’s organizations shall be given equal treatment as with other marginalized fishers organizations in
the issuance of stewardship or lease agreements or other fishery rights for the use and management of such coastal
and aquatic resources which may include providing support to women-engaged coastal resources;
(8) There shall be no discrimination against women in the deputization of fish wardens;
(9) Women-friendly and sustainable agriculture technology shall be designed based on accessibility and
viability in consultation with women’s organizations;
(10) Access to small farmer-based and controlled seeds production and distribution shall be ensured and
protected;
(11) Indigenous practices of women in seed storage and cultivation shall be recognized, encouraged, and
protected;
(12) Equal rights shall be given to women to be members of farmers’ organizations to ensure wider access to
and control of the means of production;
(13) Provide opportunities for empowering women fishers to be involved in the control and management,
not only of the catch and production of aquamarine resources but also, to engage in entrepreneurial activities
which will add value to production and marketing ventures; and
(14) Provide economic opportunities for the indigenous women, particularly access to market for their
produce.
In the enforcement of the foregoing, the requirements of law shall be observed at all times.
SECTION 21. Right to Housing. — The State shall develop housing programs for women that are localized,
simple, accessible, with potable water, and electricity, secure, with viable employment opportunities and affordable
amortization. In this regard, the State shall consult women and involve them in community planning and
development, especially in matters pertaining to land use, zoning, and relocation.
SECTION 22. Right to Decent Work. — The State shall progressively realize and ensure decent work
standards for women that involve the creation of jobs of acceptable quality in conditions of freedom, equity,
security, and human dignity.
(a) Decent work involves opportunities for work that are productive and fairly remunerative as family living
wage, security in the workplace, and social protection for families, better prospects for personal development and
social integration, freedom for people to express their concerns, organize, participate in the decisions that affect
their lives, and equality of opportunity and treatment for all women and men.

(b) The State shall further ensure:
(1) Support services and gears to protect them from occupational and health hazards taking into account
women’s maternal functions;
(2) Support services that will enable women to balance their family obligations and work responsibilities
including, but not limited to, the establishment of day care centers and breast-feeding stations at the workplace,
and providing maternity leave pursuant to the Labor Code and other pertinent laws;
(3) Membership in unions regardless of status of employment and place of employment; and
(4) Respect for the observance of indigenous peoples’ cultural practices even in the workplace.
(c) In recognition of the temporary nature of overseas work, the State shall exert all efforts to address the
causes of out-migration by developing local employment and other economic opportunities for women and by
introducing measures to curb violence and forced and involuntary displacement of local women. The State shall
ensure the protection and promotion of the rights and welfare of migrant women regardless of their work status,
and protect them against discrimination in wages, conditions of work, and employment opportunities in host
countries.
SECTION 23. Right to Livelihood, Credit, Capital, and Technology. — The State shall ensure that women
are provided with the following:
(a) Equal access to formal sources of credit and capital;
(b) Equal share to the produce of farms and aquatic resources; and
(c) Employment opportunities for returning women migrant workers taking into account their skills and
qualifications. Corollarily, the State shall also promote skills and entrepreneurship development of returning
women migrant workers.
SECTION 24. Right to Education and Training. — The State shall ensure the following:
(a) Women migrant workers have the opportunity to undergo skills training, if they so desire, before taking
on a foreign job, and possible retraining upon return to the country;
(b) Gender-sensitive training and seminars; and
(c) Equal opportunities in scholarships based on merit and fitness, especially to those interested in research
and development aimed towards women-friendly farm technology.
SECTION 25. Right to Representation and Participation. — The State shall ensure women’s participation in
policy-making or decision-making bodies in the regional, national, and international levels. It shall also ensure the
participation of grassroots women leaders in decision and policy-making bodies in their respective sectors
including, but not limited to, the Presidential Agrarian Reform Council (PARC) and its local counterparts;
community-based resource management bodies or mechanisms on forest management and stewardship; the
National Fisheries and Aquatic Resources Management Council (NFARMC) and its local counterparts; the
National Commission on Indigenous Peoples; the Presidential Commission for the Urban Poor; the National
Anti-Poverty Commission; and, where applicable, the local housing boards.
SECTION 26. Right to Information. — Access to information regarding policies on women, including
programs, projects, and funding outlays that affect them, shall be ensured.
SECTION 27. Social Protection. —

(a) The Social Security System (SSS) and the Philippine Health Insurance Corporation (PhilHealth) shall
support indigenous and community-based social protection schemes.
(b) The State shall institute policies and programs that seek to reduce the poverty and vulnerability to risks
and enhance the social status and rights of the marginalized women by promoting and protecting livelihood and
employment, protecting against hazards and sudden loss of income, and improving people’s capacity to manage
risks.
(c) The State shall endeavor to reduce and eventually eliminate transfer costs of remittances from abroad
through appropriate bilateral and multilateral agreements. It shall likewise provide access to investment
opportunities for remittances in line with national development efforts.
(d) The State shall establish a health insurance program for senior citizens and indigents.
(e) The State shall support women with disabilities on a community-based social protection scheme.
SECTION 28. Recognition and Preservation of Cultural Identity and Integrity. — The State shall recognize
and respect the rights of Moro and indigenous women to practice, promote, protect, and preserve their own
culture, traditions, and institutions and to consider these rights in the formulation and implementation of national
policies and programs. To this end, the State shall adopt measures in consultation with the sectors concerned to
protect their rights to their indigenous knowledge systems and practices, traditional livelihood, and other
manifestations of their cultures and ways of life: Provided, That these cultural systems and practices are not
discriminatory to women.
SECTION 29. Peace and Development. — The peace process shall be pursued with the following
considerations:
(a) Increase the number of women participating in discussions and decision-making in the peace process,
including membership in peace panels recognizing women’s role in conflict-prevention and peace-making and in
indigenous system of conflict resolution;
(b) Ensure the development and inclusion of women’s welfare and concerns in the peace agenda in the
overall peace strategy and women’s participation in the planning, implementation, monitoring, and evaluation of
rehabilitation and rebuilding of conflict-affected areas;
(c) The institution of measures to ensure the protection of civilians in conflict-affected communities with
special consideration for the specific needs of women and girls;
(d) Include the peace perspective in the education curriculum and other educational undertakings; and
(e) The recognition and support for women’s role in conflict-prevention, management, resolution and
peacemaking, and in indigenous systems of conflict resolution.
SECTION 30. Women in Especially Difficult Circumstances. — For purposes of this Act, “Women in
Especially Difficult Circumstances” (WEDC) shall refer to victims and survivors of sexual and physical abuse,
illegal recruitment, prostitution, trafficking, armed conflict, women in detention, victims and survivors of rape
and incest, and such other related circumstances which have incapacitated them functionally. Local government
units are therefore mandated to deliver the necessary services and interventions to WEDC under their respective
jurisdictions.
SECTION 31. Services and Interventions. — WEDC shall be provided with services and interventions as
necessary such as, but not limited to, the following:
(a) Temporary and protective custody;

(b) Medical and dental services;

(c) Psychological evaluation;
(d) Counseling;
(e) Psychiatric evaluation;
(f) Legal services:
(g) Productivity skills capability building;
(h) Livelihood assistance;
(i) Job placement;
(j) Financial assistance; and
(k) Transportation assistance.
SECTION 32. Protection of Girl-Children. — (a) The State shall pursue measures to eliminate all forms of
discrimination against girl-children in education, health and nutrition, and skills development.
(b) Girl-children shall be protected from all forms of abuse and exploitation.
(c) Equal access of Moro and indigenous girl-children in the Madaris, schools of living culture and traditions,
and the regular schools shall be ensured.
(d) Gender-sensitive curriculum, including legal literacy, books, and curriculum in the Madaris and schools
of living culture and traditions shall be developed.
(e) Sensitivity of regular schools to particular Moro and indigenous practices, such as fasting in the month
of Ramadan, choice of clothing (including the wearing of hijab), and availability of halal food shall be ensured.
SECTION 33. Protection of Senior Citizens. — The State shall protect women senior citizens from neglect,
abandonment, domestic violence, abuse, exploitation, and discrimination. Towards this end, the State shall ensure
special protective mechanisms and support services against violence, sexual abuse, exploitation, and
discrimination of older women.
SECTION 34. Women are entitled to the recognition and protection of their rights defined and guaranteed
under this Act including their right to nondiscrimination.
SECTION 35. Discrimination Against Women is Prohibited. — Public and private entities and individuals
found to have committed discrimination against women shall be subject to the sanctions provided in Section 41
hereof. Violations of other rights of women shall be subject to sanctions under pertinent laws and regulations.
CHAPTER VI
Institutional Mechanisms
SECTION 36. Gender Mainstreaming as a Strategy for Implementing the Magna Carta of Women. — Within
a period prescribed in the implementing rules and regulations, the National Commission on the Role of Filipino
Women (NCRFW) shall assess its gender mainstreaming program for consistency with the standards under this
Act. It shall modify the program accordingly to ensure that it will be an effective strategy for implementing this
Act and attaining its objectives.
All departments, including their attached agencies, offices, bureaus, state universities and colleges, government-
owned and -controlled corporations, local government units, and other government instrumentalities shall adopt
gender mainstreaming as a strategy to promote women’s human rights and eliminate gender discrimination in
their systems, structures, policies, programs, processes, and procedures which shall include, but not limited to,
the following:
(a) Planning, budgeting, monitoring and evaluation for GAD. GAD programs addressing gender issues and
concerns shall be designed and implemented based on the mandate of government agencies and local government
units, Republic Act No. 7192, gender equality agenda of the government and other GAD-related legislation,

policies, and commitments. The development of GAD programs shall proceed from the conduct of a gender
audit of the agency or the local government unit and a gender analysis of its policies, programs, services and the
situation of its clientele; the generation and review of sex-disaggregated data; and consultation with
gender/women’s rights advocates and agency/women clientele. The cost of implementing GAD programs shall
be the agency’s or the local government unit’s GAD budget which shall be at least five percent (5%) of the
agency’s or the local government unit’s total budget appropriations.
Pursuant to Republic Act No. 7192, otherwise known as the Women in Development and Nation Building Act,
which allocates five percent (5%) to thirty percent (30%) of overseas development assistance to GAD,
government agencies receiving official development assistance should ensure the allocation and proper utilization
of such funds to gender-responsive programs that complement the government GAD funds and annually report
accomplishments thereof to the National Economic and Development Authority (NEDA) and the Philippine
Commission on Women (PCW).
The utilization and outcome of the GAD budget shall be annually monitored and evaluated in terms of its success
in influencing the gender-responsive implementation of agency programs funded by the remaining ninety-five
percent (95%) budget.
The Commission on Audit (COA) shall conduct an annual audit on the use of the GAD budget for the purpose
of determining its judicious use and the efficiency, and effectiveness of interventions in addressing gender issues
towards the realization of the objectives of the country’s commitments, plans, and policies on women
empowerment, gender equality, and GAD.
Local government units are also encouraged to develop and pass a GAD Code based on the gender issues and
concerns in their respective localities based on consultation with their women constituents and the women’s
empowerment and gender equality agenda of the government. The GAD Code shall also serve as basis for
identifying programs, activities, and projects on GAD.
Where needed, temporary gender equity measures shall be provided for in the plans of all departments, including
their attached agencies, offices, bureaus, state universities and colleges, government-owned and -controlled
corporations, local government units, and other government instrumentalities.
To move towards a more sustainable, gender-responsive, and performance-based planning and budgeting, gender
issues and concerns shall be integrated in, among others, the following plans:
(1) Macro socioeconomic plans such as the Medium-Term Philippine Development Plan and Medium-Term
Philippine Investment Plan;
(2) Annual plans of all departments, including their attached agencies, offices, bureaus, state universities and
colleges, and government-owned and -controlled corporations; and
(3) Local plans and agenda such as executive-legislative agenda, comprehensive development plan (CDP),
comprehensive land use plan (CLUP), provincial development and physical framework plan (PDPFP), and annual
investment plan.
(b) Creation and/or Strengthening of the GAD Focal Points (GFP). All departments, including their
attached agencies, offices, bureaus, state universities and colleges, government-owned and -controlled
corporations, local government units, and other government instrumentalities shall establish or strengthen their
GAD Focal Point System or similar GAD mechanism to catalyze and accelerate gender mainstreaming within the
agency or local government unit.
The GAD Focal Point System shall be composed of the agency head or local chief executive, an executive
committee with an Undersecretary (or its equivalent), local government unit official, or office in a strategic

decision-making position as Chair; and a technical working group or secretariat which is composed of
representatives from various divisions or offices within the agency or local government unit.
The tasks and functions of the members of the GFP shall form part of their regular key result areas and shall be
given due consideration in their performance evaluation.
(c) Generation and Maintenance of GAD Database. All departments, including their attached agencies,
offices, bureaus, state universities and colleges, government-owned and -controlled corporations, local
government units, and other government instrumentalities shall develop and maintain a GAD database containing
gender statistics and sex-disaggregated data that have been systematically gathered, regularly updated, and
subjected to gender analysis for planning, programming, and policy formulation.
SECTION 37. Gender Focal Point Officer in Philippine Embassies and Consulates. — An officer duly trained
on GAD shall be designated as the gender focal point in the consular section of Philippine embassies or consulates.
Said officer shall be primarily responsible in handling gender concerns of women migrant workers. Attached
agencies shall cooperate in strengthening the Philippine foreign posts’ programs for the delivery of services to
women migrant workers.
SECTION 38. National Commission on the Role of Filipino Women (NCRFW). — The National
Commission on the Role of Filipino Women (NCRFW) shall be renamed as the Philippine Commission on
Women (PCW), the primary policy-making and coordinating body of the women and gender equality concerns
under the Office of the President. The PCW shall be the overall monitoring body and oversight to ensure the
implementation of this Act. In doing so, the PCW may direct any government agency and instrumentality, as may
be necessary, to report on the implementation of this Act and for them to immediately respond to the problems
brought to their attention in relation to this Act. The PCW shall also lead in ensuring that government agencies
are capacitated on the effective implementation of this Act. The chairperson shall likewise report to the President
in Cabinet meetings on the implementation of this Act.
To the extent possible, the PCW shall influence the systems, processes, and procedures of the executive, legislative,
and judicial branches of government vis-à-vis GAD to ensure the implementation of this Act.
To effectively and efficiently undertake and accomplish its functions, the PCW shall revise its structure and
staffing pattern with the assistance of the Department of Budget and Management.
SECTION 39. Commission on Human Rights (CHR). — The Commission, acting as the Gender and
Development Ombud, consistent with its mandate, shall undertake measures such as the following:
(a) Monitor with the PCW and other state agencies, among others, in developing indicators and guidelines
to comply with their duties related to the human rights of women, including their right to nondiscrimination
guaranteed under this Act;
(b) Designate one (1) commissioner and/or its Women’s Human Rights Center to be primarily responsible
for formulating and implementing programs and activities related to the promotion and protection of the human
rights of women, including the investigations and complaints of discrimination and violations of their rights
brought under this Act and related laws and regulations;
(c) Establish guidelines and mechanisms, among others, that will facilitate access of women to legal
remedies under this Act and related laws, and enhance the protection and promotion of the rights of women,
especially marginalized women;
(d) Assist in the filing of cases against individuals, agencies, institutions, or establishments that violate the
provisions of this Act; and

(e) Recommend to the President of the Philippines or the Civil Service Commission any possible
administrative action based on noncompliance or failure to implement the provisions of this Act.
SECTION 40. Monitoring Progress and Implementation and Impact of this Act. — The PCW, in
coordination with other state agencies and the CHR, shall submit to Congress regular reports on the progress of
the implementation of this Act highlighting the impact thereof on the status and human rights of women:
Provided, That the second report shall include an assessment of the effectiveness of this Act and recommend
amendments to improve its provisions: Provided, finally, That these reports shall be submitted to Congress every
three (3) years or as determined in the implementing rules and regulations.
SECTION 41. Penalties. — Upon finding of the CHR that a department, agency, or instrumentality of
government, government-owned and -controlled corporation, or local government unit has violated any provision
of this Act and its implementing rules and regulations, the sanctions under administrative law, civil service, or
other appropriate laws shall be recommended to the Civil Service Commission and/or the Department of the
Interior and Local Government. The person directly responsible for the violation as well as the head of the agency
or local chief executive shall be held liable under this Act.
If the violation is committed by a private entity or individual, the person directly responsible for the violation
shall be liable to pay damages.
Filing a complaint under this Act shall not preclude the offended party from pursuing other remedies available
under the law and to invoke any of the provisions of existing laws especially those recently enacted laws protecting
women and children, including the Women in Development and Nation Building Act (Republic Act No. 7192),
the Special Protection of Children Against Child Abuse, Exploitation and Discrimination Act (Republic Act No.
7610), the Anti-Sexual Harassment Act of 1995 (Republic Act No. 7877), the Anti-Rape Law of 1997 (Republic
Act No. 8353), the Rape Victim Assistance and Protection Act of 1998 (Republic Act No. 8505), the Anti-
Trafficking in Persons Act of 2003 (Republic Act No. 9208) and the Anti-Violence Against Women and Their
Children Act of 2004 (Republic Act No. 9262). If violence has been proven to be perpetrated by agents of the
State including, but not limited to, extrajudicial killings, enforced disappearances, torture, and internal
displacements, such shall be considered aggravating offenses with corresponding penalties depending on the
severity of the offenses.
SECTION 42. Incentives and Awards. — There shall be established an incentives and awards system which
shall be administered by a board under such rules and regulations as may be promulgated by the PCW to deserving
entities, government agencies, and local government units for their outstanding performance in upholding the
rights of women and effective implementation of gender-responsive programs.
SECTION 43. Funding. — The initial funding requirements for the implementation of this Act shall be
charged against the current appropriations of the agencies concerned. Thereafter, such sums as may be necessary
for the implementation of this Act shall be included in the agencies’ yearly budgets under the General
Appropriations Act.
The State shall prioritize allocation of all available resources to effectively fulfill its obligations specified under
this Act. The State agencies GAD budgets, which shall be at least five percent (5%) of their total budgetary
allocation, shall also be utilized for the programs and activities to implement this Act.
SECTION 44. Implementing Rules and Regulations. — As the lead agency, the PCW shall, in coordination
with the Commission on Human Rights and all concerned government departments and agencies including, as
observers, both Houses of Congress through the Committee on Youth, Women and Family Relations (Senate)
and the Committee on Women and Gender Equality (House of Representatives) and with the participation of
representatives from nongovernment organizations (NGOs) and civil society groups with proven track record of
involvement and promotion of the rights and welfare of Filipino women and girls identified by the PCW,
formulate the implementing rules and regulations (IRR) of this Act within one hundred eighty (180) days after its
effectivity.

SECTION 45. Separability Clause. — If any provision or part hereof is held invalid or unconstitutional, the
remainder of the law or the provisions not otherwise affected shall remain valid and subsisting.
SECTION 46. Repealing Clause. — Any law, presidential decree or issuance, executive order, letter of
instruction, administrative order, rule, or regulation contrary to, or inconsistent with, the provisions of this Act is
hereby repealed, modified, or amended accordingly.
SECTION 47. Effectivity Clause. — This Act shall take effect fifteen (15) days after its publication in at least
two (2) newspapers of general circulation.
Approved: August 14, 2009
Source: Philippine Commission on Women
G. RA 8491 – Flag and Heraldic Code of the Philippines

AN ACT PRESCRIBING THE CODE OF THE NATIONAL FLAG, ANTHEM, MOTTO, COAT-OF-ARMS AND
OTHER HERALDIC ITEMS AND DEVICES OF THE PHILIPPINES.
Be it enacted by the Senate and Home of Representatives of the Philippines in Congress assembled:
SECTION 1. Short Title — This act shall be known as the “Flag and Heraldic Code of the Philippines.”
SECTION 2. Declaration of Policy – Reverence and respect shall at all times be accorded the flag, the anthem and
other national symbols which embody the national ideals and traditions and which express the principles of
sovereignty and national solidarity. The heraldic items and devices shall seek to manifest the national virtues and
to inculcate in the minds and hearts of our people a just pride in their native land, fitting respect and affection for
the national flag and anthem, and the proper use of the national motto, coat-of-arms and other heraldic items and
devices.
SECTION 3. Definition of Terms — Whenever used in this Act, the term:
a. “Military” shall mean all branches of the Armed Forces of the Philippines including the Philippine National
Police, the Bureau of Jail Management and Penology, and the Bureau of Fire Protection;
b. “Festoon” shall mean to hang in a curved shape between two points as a decoration;
c. “Flag” shall mean the Philippine National Flag, unless stated otherwise;
d. “Fly” shall mean the part of the flag outside the hoist or length;
e. “Symbol” shall mean any conventional sign which reveals man’s achievement and heroism (for orders and
decorations), identification, authority and a sign of dignity (for coat-of-arms, logo and insignia);
f. “Half-Mast” shall mean lowering the flag to one-half the distance between the top and bottom of the staff;
g. “Hoist” shall mean the part of the flag nearest the staff or the canvass to which the halyard is attached;
h. “Inclement Weather” shall mean that a typhoon signal is raised in the locality;
i. “National Anthem” shall mean the Philippine National Anthem’
j. “Official Residences” shall mean Malacañang, and other government-owned structures where the President
resides, and other structures occupied by the Philippine Consulate or Embassies abroad;

k. “Places of Frivolty” shall mean places of hilarity marked by or providing boisterous merriment or recreation;
and
l. “Institute” shall mean the National Historical Institute.
CHAPTER 1
THE NATIONAL FLAG
A. Design of the National Flag
SECTION 4. The flag of the Philippines shall be blue, white and red with an eight-rayed golden-yellow sun and
three five-pointed stars, as consecrated and honored by the people.
B. Hoisting and Display of the National Flag
SECTION 5. The flag shall be displayed in all public buildings, official residences public plazas, and institutions
of learning everyday throughout the year.
SECTION 6. The flag shall be permanently hoisted, day and night throughout the year, in front of the following;
at Malacanang Palace; the Congress of the Philippines building; Supreme Court building; the Rizal Monument in
Luneta, Manila; Aguinaldo Shrine in Kawit, Cavite; Barasoain Shrine in Malolos, Bulacan; the Tomb of the
Unknown Soldier, Libingan ngmga Bayani; Mausuleo de los Beteranos dela Revolucion; all International Ports of
Entry and all other places as maybe designated by the Institute.
The flag shall be properly illuminated at night.
SECTION 7. The flag shall also be displayed in private buildings and residences or raised in the open flag-staffs
in front of said buildings every April 9 (Araw ngKagitingan); May 1 (Labor Day); May 28 (National Flag Day) to June
12 (Independence Day); last Sunday of August (National Heroes Day); November 30 (Bonifacio Day); and December
30 (Rizal Day); and on such other days as may be declared by the President and/or local chief executives.
The flag may also be displayed throughout the year in private buildings or offices or raised in the open on flag-
staffs in front of private buildings: Provided, that they observe flag-raising ceremonies in accordance with the rules
and regulations to be issued by the Office of the President.
SECTION 8. All government agencies and instrumentalities, and local government offices, government-owned
corporations and local government units are enjoined to observe flag day with appropriate ceremonies. Socio-
civic groups, non-government organizations and the private sector are exhorted to cooperate in making the
celebrations a success.
SECTION 9. The flag shall be flown on merchant ships of Philippine registry of more than one thousand (1000)
gross tons and on all naval vessels.
On board naval vessels, the flag shall be displayed on the flagstaff at the stern when the ship is at anchor. The
Flag shall be hoisted to the gaff at the aftermast when the ship is at sea.
SECTION 10. The flag, if flown from a flagpole, shall have its blue field on top in time of peace and the red
field on top in time of war; if in a hanging position, the blue field shall be to the right (left of the observer) in time
of peace, and the red field to the right (left of the observer) in time of war.
The flagpole staff must be straight and slightly tapering at the top.
SECTION 11. If planted on the ground, the flagpole shall be at a prominent place and shall be of such height as
would give the flag commanding position in relation to the buildings in the vicinity.

If attached to a building, the flagpole shall be on top of its roof or anchored on a sill projecting at an angle upward.
If on stage or platform or government office, the flag shall be at the left (facing the stage) or the left of the office
upon entering.
SECTION 12. When the Philippine flag is flown with another flag, the flags, if both are national flags, must be
flown on separate staffs of the same height and shall be of equal size. The Philippine flag shall be hoisted first
and lowered last.
If the other flag is not a national flag, it may be flown in the same lineyard as the Philippine flag but below the
latter and it cannot be of greater size than the Philippine flag.
SECTION 13. When displayed with another flag, the Philippine flag shall be on the right of the other flag. If
there is a line of other flags, the Philippine flag shall be in the middle of the line.
When carried in a parade with flags, which are not national flags, the Philippine flag shall be in front of the center
of the line.
SECTION 14. A flag worn out through wear and tear shall not be thrown away. It shall be solemnly burned to
avoid misuse or desecration. The flag shall be replaced immediately when it begins to show signs of wear and tear.
SECTION 15. The flag shall be raised at sunrise and lowered at sunset. It shall be on the mast at the start of
official’office hours, shall remain flying throughout the day.
SECTION 16. The flag may be displayed:
a. Inside or outside-a building or on a stationary flagpoles. If the flag is displayed indoors on a flagpole, it shall be
placed at the left of the observer as one enters the room;
b. From the top of a flagpole, which shall be at a prominent place or a commanding position in relation to the
surrounding buildings;
c. From a staff projecting upward from the window sill, canopy, balcony or facade of a building.
d. In a suspended position from a rope extending from a building to pole erected away from the building;
e. Flat against the wall vertically with the sun and stars on top; and
f. Hanging in a vertical position across a street, with the blue field pointing east, if the road is heading south or
north, or pointing north if the road is heading east or west.
The flag shall not be raised when the weather is inclement. If already raised, the flag shall not be lowered.
SECTION 17. The flag shall be hoisted to the top briskly and lowered ceremoniously.
The flag shall never touch anything beneath it, such as the ground, flood, water or other objects.
After being lowered, the flag shall be handled and folded solemnly as part of the ceremony.
C. Conduct of Flag Raising Ceremony

SECTION 18. All government offices and educational institutions shall henceforth observe the flag-raising
ceremony every Monday morning and the flag lowering ceremony every Friday afternoon. The ceremony shall be
simple and dignified and shall include the playing or singing of the Philippine National Anthem.
SECTION 19. The office of the President upon the recommendation of the Institute shall issue rules and
regulations for the proper conduct of the flag ceremony.
SECTION 20. The observance of the flag ceremony in official or civic gatherings shall be simple and dignified
and shall include the playing or singing of the anthem in its original Filipino lyrics and march tempo.
SECTION 21. During the flag-raising ceremony, the assembly shall stand in formation racing the flag. At the
moment the first note of the anthem is heard, everyone in the premises shall come to attention; moving vehicles
shall stop. All persons present shall :.ace their right palms over their chests, those with hats shall uncover, while
those in military, scouting, security guard, and citizens military training uniforms shall give :.-.£ salute prescribed
by their regulations, which salute shall be completed upon the last note of the anthem.
The assembly shall sing the Philippine national anthem, accompanied by a band, r available, and at the first note,
the flag shall be raised briskly.
The same procedure shall be observed when the flag is passing in review or in parade.
SECTION 22. During the flag lowering, the flag shall be lowered solemnly and slowly so that the flag shall be
down the mast at the sound of the last note of the anthem. Those in the assembly shall observe the same
deportment or shall observe the same behavior as for the flag-raising ceremony.
D. Half-Mast
SECTION 23. The flag shall be flown at half-mast as a sign of mourning on all buildings and places where it is
displayed, as provided for in this Act, on the day of official announcement of the death of any of the following
officials:
a. The President or a former President, for ten (10) days;
b. The Vice-President, the Chief Justice, the President of the Senate, and the Speaker of the House of
Representatives, for seven (7) days; and
c. Other persons to be determined by the Institute, for any period less than seven (7) days.
The flag shall be flown at half-mast on all the buildings and places where the decedent was holding office, on the
day of death until the day of interment of an incumbent member of the Supreme Court, the Cabinet, the Senate
or the House of Representatives, and such other persons as may be determined by the Institute.
The flag when flown at half-mast shall be first hoisted to the peak for a moment then lowered to the half-mast
position. The flag shall again be raised briskly to the peak before it is lowered for the day.
E. Casket
SECTION 24. The flag may be used to cover the caskets of the honored dead of the military, veterans of
previous wars, national artists, and of civilians who have rendered distinguished service to the nation, as maybe
determined by the local government unit concerned. In such cases, the flag shall be placed such that the white
triangle shall be at the head and the blue portion shall cover the right side of the caskets. The flag shall not be
lowered to the grave or allowed to touch the ground, but shall be folded solemnly and handed over to the heirs
of the deceased.

F. Pledge to the Flag
SECTION 25. The following shall be the Pledge of Allegiance to the Philippine Flag:
Ako ay Filipino
Buong katapatang nanunumpa
Sa watawat ng Pilipinas
At sa bansang kanyang sinasagisag
Na may dangal, katarungan, at kalayaan
Na pinakikilos ng sambayanang
Maka-Diyos,
Makatao,
Makakalikasan, at
Makabansa.
Such pledge shall be recited while standing with the right hand palm open raised shoulder high. Individuals whose
faith or religious beliefs prohibit them from making such pledge must nonetheless show full respect when the
pledge is being rendered by standing at attention.
G. Flag Days
SECTION 26. The period from May 28 to June 12 of each year is declared as Flag Days, during which period
all offices, agencies and instrumentalities of government, business establishments, institutions of learning and
private homes are enjoined to display the flag.
H. Specifications of the National Flag
SECTION 27. The flag shall have the following proportions. The width of the flag, 1; the length of the flag, 2;
and the sides of the white triangle, 1.
SECTION 28. The technical specifications shall be as follows:
The blue color shall bear Cable No. 80173; the white color, Cable No. 80001 the red color, Cable No. 80108; and
the golden yellow, Cable No. 80068.
SECTION 29. In order to establish uniform criteria in the making of our national flag and to guarantee its
durability by the use of quality materials, the following standards and procedures shall be observed:
a. All requisitions for the purchase of the Philippine National Flag must be based on strict compliance with the
deisgn, color, craftmanship and material requriements of the Government.
b. All submitted samples of flags by accredited suppliers offered for purchase for government use shall be
evaluated as to design, color and craftmanship specifications by the Institute, through its Heraldry and Display

Section, which shall stamp its approval or disapproval on the canvass reinforcement of the flag sample submitted.
The samples shall be sent to the Institute by the requisitioning office, not by the flag supplier; and
c. The Industrial Technology Development Institute (ITDI) or the Philippine Textile Research Institute (PTRI)
of the Department of Science and Technology (DOST) shall evaluate the quality of material of all flag samples
and certify whether the fabric for the blue, white, red and golden yellow colors, including the canvass submitted,
conforms to government requirement as to quality of the material. The samples shall be submitted by the said
office to the Institute.
SECTION 30. All deliveries of the flags requisitioned by the government shall be inspected by the requisitioning
agency’s internal inspector and by the Commission on Audit (COA) using the flag stamped approved by the
Institute as reference.
SECTION 31. In carrying out its responsibilities under Section 4 hereof, the Institute, COA, the ITDI/PTRI
shall prepare guidelines to be approved by the Office of the President.
SECTION 32. All government agencies and instrumentalities shall ensure that the requirements under this Act
with respect to the standards, requisitions and delivery of the national flag are strictly complied with.
SECTION 33. All departments, agencies, offices, and instrumentalities of the government, government-owned
or controlled corporations, local government units, including barangays, shall include in their annual budgets the
necessary outlay for the purchase of the national flag.
I. Prohibited Acts
SECTION 34. It shall be prohibited
a. To mutilate, deface, defile, trample, on or cast contempt any act or omission casting dishonor or ridicule upon
the flag over its surface;
b. To dip the flag to any person or object by way of compliment or salute;
c. To use the flag:
1. As a drapery, festoon, tablecloth

2. As covering for ceilings, walls, statues or other objects;
3. As a pennant in the hood, side, back and top of motor vehicles;
4. As a staff or whip;
5. For unveiling monuments or statues; and
6. As trademarks or for industrial, commercial or agricultural labels or designs.
d. Display the flag:
1. Under any painting or picture;

2. Horizontally face-up. It shall always be hoisted aloft and be allowed to fall freely;
3. Below any platform; or
4. In discotheques, cockpits, night and day clubs, casinos, gambling joints and places of vice or where frivolity
prevails.
e. To wear the flag in whole or in part as a costume or uniform;
f. To add any word, figure, mark, picture, design, drawings, advertisements, or imprint of any nature on the flag;

g. To print, paint or attach representation of the flag on handkerchiefs, napkins, cushions, and other articles of
merchandise;
h. To display in public any foreign flag, except in embassies and other diplomatic establishments, and in offices
of international organizations.
i. To use, display or be part of any advertisement of infomercial; and
j. To display the flag in front of buildings or offices occupied by aliens.
CHAPTER II
THE NATIONAL ANTHEM
SECTION 35. The National Anthem is entitled Lupang Hinirang.
SECTION 36. The National Anthem shall always be sung in the national language v/ithin or without the country.
The following shall be the lyrics of the National Anthem.
Bayang magiliw,
Perlas ng silanganan,
Alab ng puso
Sa dibdib mo’y buhay.
Lupang hinirang,
Duyan ka ng magiting,
Sa manlulupig
Di ka pasisiil.
Sa dagat at bundok,
Sa simoy at sa langit mong bughaw,
May dilag ang tula
At awit sa paglayang minamahal.
Ang kislap ng watawat mo’y
Tagumpay na nagniningning;
Ang bituin at araw niya,
Kailan pa ma’y di magdidilim.
Lupa ng araw, ng luwalhati’t pagsinta,
Buhay ay langit sa piling mo;

Aming ligaya na ‘pag may mang-aapi,
Ang mamatay nang dahil sa ‘yo.
SECTION 37. The rendition of the National Anthem, whether played or sung, shall be in accordance with the
musical arrangement and composition of Julian Felipe.
SECTION 38. When the National Anthem is played at a public gathering, whether by a band or by singing or
both, or reproduced by any means, the attending public shall sing the anthem. The singing must be done with
fervor.
As a sign of respect, all persons shall stand at attention and face the Philippine flag, if there is one displayed, and
if there is none, they shall face the band or the conductor. At the first note, all persons shall execute a salute by
placing their right palms over their left chests. Those in military, scouting, citizen’s military training and security
guard uniforms shall give the salute prescribed by their regulations. The salute shall be completed upon the last
note of the anthem.
The anthem shall not be played and sung for mere recreation, amusement or entertainment purposes except on
the following occasions:
a. International competitions where the Philippines is the host or has a representative;
b. Local competitions;
c. During “signing off” and “signing on” of radio broadcasting and television stations;
d. Before the initial and last screening of films or before the opening of theater performances; and
e. Other occasions as may be allowed by the Institute.
SECTION 39. All officials and employees of the national and local governments, and any agencies or
instrumentalities thereof, including government-owned or controlled corporations, privately-owned entities of
offices displaying the national flag and government institutions of learning are hereby directed to comply strictly
with the rules prescribed for the rendition of the anthem. Failure to observe the rules shall be a ground for
administrative discipline.
CHAPTER III
THE NATIONAL MOTTO
SECTION 40. The national Motto shall be “MAKA-DIYOS, MAKA-TAO, MAKAKALIKASAN AT

MAKABANSA.”
CHAPTER IV
NATIONAL COAT-OF-ARMS
SECTION 41. The National Coat-of-Arms shall have:
Paleways of two (2) pieces, azure and gules; a chief argent studded with three (3) mullets equidistant from each
other; and, in point of honor, ovoid argent over all the sun rayonnant with eight minor lesser rays. Beneath shall
be the scroll with the words “REPUBLIKA NG PILIPINAS,” inscribed thereon.
CHAPTER V
THE GREAT SEAL

SECTION 42. The Great Seal shall be circular in form, with the arms as described in the preceding section, but
without the scroll and the inscription thereon. Surrounding the whole shall be a double marginal circle within
which shall appear the words “Republika ng Pilipinas.” For the purpose of placing The Great Seal, the color of
the arms shall not be deemed essential but tincture representation must be used.
The Great Seal shall bear the National Motto.
SECTION 43. The Great Seal shall be affixed to or placed upon all commissions signed by the President and
upon such other official documents and papers of the Republic of the Philippines as may be provided by law, or
as may be required bv custom and usage. The President shall have custody of the Great Seal.
CHAPTER VI
OFFICIAL SEALS AND OTHER HERALDIC ITEMS AND DEVICES
SECTION 44. Any government entity, including the military, may adopt appropriate coat-of-arms,
administrative seals, logo, insignia, badges, patches, banners and initiate awards, citations, orders or decorations,
as may be authorized by the Congress or the Office of the President.
SECTION 45. Such hearldic devices and items shall be filed with the Institute for recording and evaluation as
to precedence, design, customs and traditions. The institute shall promulgate the corresponding rules and
regulations which shall be submitted for approval to the Office of the President or to Congress.
SECTION 46. All government offices including the military are hereby ordered to purchase all heraldic items
and devices from manufacturers accredited and authorized by the Institute. Such items and devices shall be subject
to inspection by the purchasing agency’s internal inspector and the COA representative using the design and
specifications approved by the Office of the President or by the Congress, through the Institute.
SECTION 47. No government official or employee shall accept any orders or decorations from any foreign
government without the consent of Congress, and without the prior evaluation and documentation of such order
or decoration by the Institute.
CHAPTER VII
PENALTIES
SECTION 48. Failure or refusal to observe the provisions of this Act; and any violation of the corresponding
rules and regulations issued by the Office of the President shall, after proper notice and hearing, be penalized by
public censure which shall be published at least once in a newspaper of general circulation.
The Department of Education, Culture and Sports and the Commission on Higher Education, upon the
recommendation of the Institute and after the proper notice and hearing, shall cause the cancellation of the
recognition of permit of any private educational institution which fails or refuses to observe the provisions of this
Act for the second time.
SECTION 49. The Department of Education, Culture and Sports (DECS) and the Commission on Higher
Education shall ensure that the National Anthem, as adopted by law, shall be committed to memory by all students
of both public and private educational institutions, and performed during the flag ceremony conducted in
accordance with the rules and regulations issued by the Office of the President. In addition, they shall make
available the vocal, piano or band scores of the National Anthem, as adopted by law, to all private and public
schools, as well as he general public.
SECTION 50. Any person or judicial entity which violates any of the provisions of this Act shall, upon
conviction, be punished by a fine of not less than Five thousand pesos (5,000.00) not more than Twenty thousand
pesos (P20,000.00), or by imprisonment for not more than one (1) year, or both such fine and imprisonment, at
the discretion of the court: Provided, That for any second and additional offenses, both fine and imprisonment shall

always be imposed: Provided, That in case the violation is commited by a juridical person, its President or
Chief Executive Officer thereof shall be liable.
CHAPTER VIII
COMMON PROVISION
SECTION 51. The Institute shall issue the necessary-rules and regulations to implement the provisions of this
Act within ninety (90) days after effectivity. The Institute shall submit its rules and regulations to the Office of
the President and the Congress of the Philippines.
SECTION 52. The Institute shall also be responsible for the strict enforcement of the provision of this Act. It
may call upon any government department, agency, office, or government instrumentality, including government
corporations and local government units, for such assistance as it may deem necessary for the effective discharge
of its functions under this Act.
SECTION 53. Separability Clause— If any provision, or part hereof, is held invalid or unconstitutional, the
remeinder of this Act not otherwise affected shall be valid and subisting.
SECTION 54. Repealing Clause – Any law, presidential decree or issuance, executive order, letter of instruction,
administrative order, rule and regulation contrary to or inconsistent with the provisions of this Act is hereby
repealed, modified, or amended accordingly.
SECTION 55. Effectivity — This Act shall be effective fifteen (15) days from the date of its publication in Official
Gazette or in at east two (2) newspapers of general circulation.
Approved on February 12, 1998
(Sgd.) FIDEL V. RAMOS
H. RA 10157 – The Kindergarten Education Act
[REPUBLIC ACT NO. 10157]
AN ACT INSTITUTIONALIZING THE KINDERGARTEN EDUCATION INTO THE BASIC

EDUCATION SYSTEM AND APPROPRIATING FUNDS THEREFOR
SECTION 1. Short Title. – This Act shall be known as the “Kindergarten Education Act”.
SEC. 2. Declaration of Policy. – In consonance with the Millennium Development Goals on achieving Education
for All (EFA) by the year 2015, it is hereby declared the policy of the State to provide equal opportunities for all
children to avail of accessible mandatory and compulsory kindergarten education that effectively promotes
physical, social, intellectual, emotional and skills stimulation and values formation to sufficiently prepare them for
formal elementary schooling. This Act shall apply to elementary school system being the first stage of compulsory
and mandatory formal education. Thus, kindergarten will now be an integral part of the basic education system
of the country.
Kindergarten education is vital to the academic and technical development of the Filipino child for it is the period
when the young mind’s absorptive capacity for learning is at its sharpest. It is also the policy of the State to make

education learner-oriented and responsive to the needs, cognitive and cultural capacity, the circumstances and
diversity of learners, schools and communities through the appropriate languages of teaching and learning.
SEC. 3. Definition of Terms. – The terms used in this Act are defined as follows:
(a) DepEd shall refer to the Department of Education;
(b) BEE shall refer to the Bureau of Elementary Education;
(c) Kindergarten education shall be understood in this Act to mean one (1) year of preparatory education for
children at least five (5) years old as a prerequisite for Grade I; and
(d) Mother tongue refers to the language first learned by a child.
SEC. 4. Institutionalization of Kindergarten Education. – Kindergarten education is hereby institutionalized as part of

basic education and for school year 2011-2012 shall be implemented partially, and thereafter, it shall be made
mandatory and compulsory for entrance to Grade 1.
SEC. 5. Medium of Instruction. – The State shall hereby adopt the mother tongue-based multilingual education
(MTB-MLE) method. The mother tongue of the learner shall be the primary medium of instruction for teaching
and learning in the kindergarten level. However, exceptions shall be made to the following cases:
(a) When the pupils in the kindergarten classroom have different mother tongues or when some of them speak
another mother tongue;
(b) When the teacher does not speak the mother tongue of the learners;
(c) When resources, in line with the use of the mother tongue, are not yet available; and
(d) When teachers are not yet trained how to use the MTB-MLE program.
In such exceptional cases, the primary medium of instruction shall be determined by the DepEd aligned with the
framework being used in the elementary level including teacher training and production of local resources and
materials under DepEd Order No. 74, series of 2009.
The DepEd, in coordination with the Commission on Filipino Language and in close collaboration with academic
and research institutions concerned with education, shall formulate a mother tongue-based multilingual
framework for teaching and learning: Provided, That the DepEd will include teaching strategies as defined in
Section 7(c) which aims to introduce and eventually strengthen the child’s understanding of English, which is the
official language.
SEC. 6. Implementing Agency. – The authority to regulate the organization, operation and/or implementation of the
kindergarten education program of both public and private schools shall be vested upon the DepEd, through the
creation of a new Division under the BEE and other necessary support to achieve successful implementation of
kindergarten education to include, but not limited to, increasing the number of kindergarten teacher positions
with the required salaries and benefits, enhancing teacher training in early education, and providing the necessary
allocations for classrooms and chairs, facilities and equipment, and textbooks.
SEC. 7. Duties, Powers and Functions. – The DepEd, through the BEE, shall exercise the following powers and
functions:
(a) Oversee and supervise the organization, operation and implementation of the kindergarten education program;

(b) Develop the curriculum for kindergarten education consistent with the universally accepted norms and
standards, including values formation all of which shall be developmentally appropriate, and use of the MTB-
MLE as a medium of instruction and to periodically review such for purposes of upgrading;
(c) Develop teaching strategies using the unique feature of the MTB-MLE which shall include, but not limited to,
the following:
(1) The two-track method (storytelling and reading, listening story, oral communication activities);
(2) Interactive strategies;
(3) Use of manipulative games; and
(4) Experiential, small group discussions and total physical response (TPR) among others.
The learning development materials shall consist of the following at the minimum:
(i) Listening story;

(ii) Small books;
(iii) Big books;
(iv) Experience story;
(v) Primer lessons; and
(vi) Lessons exemplars;
(a) Conceive, develop and extend a continuing professional development program for kindergarten teachers to
ensure constant updating of their knowledge in current trends, pedagogy, methodologies and concepts on early
childhood education;
(b) Prescribe the necessary qualifications for the hiring and accreditation of teachers who will handle the
kindergarten education program;
(c) Exercise authority over the operation of private kindergarten institutions;
(d) Supervise the establishment of various venues for early childhood education which may be institution-based,
home-based, hospital-based or community-based, and which shall be duly accredited by the DepEd; and
(e) Introduce innovative programs in kindergarten that shall include educational technologies, whenever
applicable.
SEC. 8. Appropriations. – The DepEd shall immediately include in the program of the Department the
operationalization of the free, mandatory and compulsory public kindergarten education, the initial funding of
which shall be charged against the current appropriations for kindergarten education of the DepEd. Thereafter,
such sums which shall be necessary for the continued implementation of the free public kindergarten education
program shall be charged to the General Fund and included in the annual General Appropriations Act.
SEC. 9. Implementing Rules and Regulations. – Within ninety (90) days after the effectivity of this Act, the DepEd, in
consultation with the Department of Budget and Management, shall promulgate the rules and regulations needed
for the implementation of this Act.
SEC. 10. Separability Clause. – If any provision of this Act is held invalid or unconstitutional, the same shall not
affect the validity and effectivity of the other provisions hereof.
SEC. 11. Repealing Clause. – Pertinent provisions of all other laws, decrees, executive orders and rules and
regulations contrary to or inconsistent with the provisions of this Act are hereby repealed or modified accordingly.
SEC. 12. Effectivity Clause. – This Act shall take effect fifteen (15) days after its publication in the Official Gazette or
in two (2) newspapers of general circulation.

This Act which originated in the House of Representatives was finally passed by the House of Representatives
and the Senate on November 23, 2011 and November 21, 2011, respectively.
Approved: JAN 20 2012
(SGD) BENIGNO S. AQUINO III

I. R.A. 10533 – Enhanced Basic Education Act of 2013
(REPUBLIC ACT NO. 10533)

Pursuant to Section 16 of Republic Act No. 10533, entitled “An Act Enhancing the Philippine Basic Education
System by Strengthening Its Curriculum and Increasing the Number of Years for Basic Education,
Appropriating Funds Therefor and for Other Purposes,” otherwise known as the “Enhanced Basic Education
Act of 2013,” approved on May 15, 2013, and which took effect on June 8, 2013, the Department of Education
(DepEd), the Commission on Higher Education (CHED), and the Technical Education and Skills
Development Authority (TESDA), hereby issue the following rules and regulations to implement the provisions
of the Act.
RULE I. GENERAL PROVISIONS
Section 1. Title. These rules and regulations shall be referred to as the Implementing Rules and Regulations (IRR) of
the “Enhanced Basic Education Act of 2013” (Republic Act No. 10533).
Section 2. Scope and Application. The provisions of this IRR shall primarily apply to all public and private
basic educational institutions and learning centers. This IRR shall also apply to Higher Education Institutions
(HEIs), Technical-Vocational Institutions (TVIs), duly recognized organizations acting as Teacher Education
Institutions (TEIs), and foundations.
Section 3. Declaration of Policy. This IRR shall be interpreted in light of the Declaration of Policy found in
Section 2 of the Act.
Section 4. Definition of Terms. For purposes of this IRR, the following terms shall mean or be understood as
follows:
(a) Act refers to Republic Act No. 10533, entitled “An Act Enhancing the Philippine Basic Education System by
Strengthening Its Curriculum and Increasing the Number of Years for Basic Education, Appropriating Funds Therefor and for
Other Purposes,” otherwise known as the “Enhanced Basic Education Act of 2013.”
(b) Learning Center refers to a physical space to house learning resources and facilities of a learning program
for out-of-school youth and adults. It is a venue for face-to-face learning activities and other learning opportunities
for community development and improvement of the people’s quality of life. This may also be referred to as
“Community Learning Center” authorized or recognized by the DepEd.
(c) Learner refers to a pupil or student, or to a learner in the alternative learning system.
(d) Mother Language or First Language (L1) refers to the language or languages first learned by a child, which
he/she identifies with, is identified as a native language user of by others, which he/she knows best, or uses most.
This includes Filipino sign language used by individuals with pertinent disabilities. The regional or native language
refers to the traditional speech variety or variety of Filipino sign language existing in a region, area or place.
(e) Non-DepEd Public School refers to a public school offering basic education operated by an agency of the
national government other than the DepEd, or by a local government unit.

Section 5. Basic Education. Pursuant to Section 3 of the Act, basic education is intended to meet basic learning
needs which provides the foundation on which subsequent learning can be based. It encompasses kindergarten,
elementary, and secondary education as well as alternative learning systems for out-of-school learners and those
with special needs under Section 8 of this IRR.
Section 6. Enhanced Basic Education Program. For purposes of this IRR and pursuant to Section 4 of the
Act, the enhanced basic education program encompasses at least one (1) year of kindergarten education, six (6)
years of elementary education, and six (6) years of secondary education, in that sequence. Secondary education
includes four (4) years of junior high school and two (2) years of senior high school education. The enhanced
basic education program may likewise be delivered through the alternative learning system.
Kindergarten Education is the first stage of compulsory and mandatory formal education which consists of one
(1) year of preparatory education for children at least five (5) years old as a prerequisite for Grade 1.
Elementary Education refers to the second stage of compulsory basic education which is composed of six (6)
years. The entrant age to this level is typically six (6) years old.
Secondary Education refers to the third stage of compulsory basic education. It consists of four (4) years of
junior high school education and two (2) years of senior high school education. The entrant age to the junior and
senior high school levels are typically twelve (12) and sixteen (16) years old, respectively.
The DepEd may allow private educational institutions flexibility in adopting the program provided that they
comply with the DepEd-prescribed minimum standards consistent with the Act.
Section 7. Compulsory Basic Education. It shall be compulsory for every parent or guardian or other persons
having custody of a child to enroll such child in basic education, irrespective of learning delivery modes and
systems, until its completion, as provided for by existing laws, rules and regulations.
Section 8. Inclusiveness of Enhanced Basic Education. In furtherance of Section 3 of the Act, inclusiveness
of enhanced basic education shall mean the implementation of programs designed to address the physical,
intellectual, psychosocial, and cultural needs of learners, which shall include, but shall not be limited to, the
following:
8.1. Programs for the Gifted and Talented. These shall refer to comprehensive programs for the gifted and
talented learners in all levels of basic education.
8.2. Programs for Learners with Disabilities. These shall refer to the comprehensive programs designed for
learners with disabilities which may be home-, school-, center- or community-based.
8.3. Madrasah Program. This shall refer to the comprehensive program using the Madrasah curriculum
prescribed by the DepEd, in coordination with the Commission on Muslim Filipinos, for Muslim learners in
public and private schools.
8.4. Indigenous Peoples (IP) Education Program. This shall refer to the program that supports education
initiatives undertaken through formal, non-formal, and informal modalities with emphasis on any of, but not
limited to, the key areas of: Indigenous Knowledge Systems and Practices and community history; indigenous
languages; Indigenous Learning System (ILS) and community life cycle-based curriculum and assessment;
educational goals, aspirations, and competencies specific to the Indigenous Cultural Community (ICC);
engagement of elders and other community members in the teaching-learning process, assessment, and
management of the initiative, recognition and continuing practice of the community’s ILS; and the rights and
responsibilities of ICCs.

8.5. Programs for Learners under Difficult Circumstances. This shall refer to the timely and responsive
programs for learners under difficult circumstances, such as, but not limited to: geographic isolation; chronic
illness; displacement due to armed conflict, urban resettlement, or disasters; child abuse and child labor practices.
Section 9. Acceleration. Acceleration of learners in public and private basic educational institutions shall be
allowed, consistent with DepEd rules and regulations.
RULE II. CURRICULUM
Section 10. Basic Education Curriculum Development. In the development of the Basic Education
Curriculum, the DepEd shall be guided by the following:
10.1. Formulation and Design. Pursuant to Section 5 of the Act, the DepEd shall formulate the design and
details of the enhanced basic education curriculum. The DepEd shall work with the CHED and TESDA to craft
harmonized basic, tertiary, and technical-vocational education curricula for Filipino graduates to be locally and
globally competitive.
10.2. Standards and Principles. The DepEd shall adhere to the following standards and principles, when
appropriate, in developing the enhanced basic education curriculum:
(a) The curriculum shall be learner-centered, inclusive and developmentally appropriate;

(b) The curriculum shall be relevant, responsive and research-based;
(c) The curriculum shall be gender- and culture-sensitive;
(d) The curriculum shall be contextualized and global;
(e) The curriculum shall use pedagogical approaches that are constructivist, inquiry-based, reflective,
collaborative and integrative;
(f) The curriculum shall adhere to the principles and framework of Mother Tongue-Based Multilingual
Education (MTB-MLE) which starts from where the learners are and from what they already know proceeding
from the known to the unknown; instructional materials and capable teachers to implement the MTB-MLE
curriculum shall be available. For this purpose, MTB-MLE refers to formal or non-formal education in which
the learner’s mother tongue and additional languages are used in the classroom;
(g) The curriculum shall use the spiral progression approach to ensure mastery of knowledge and skills after
each level; and
(h) The curriculum shall be flexible enough to enable and allow schools to localize, indigenize and enhance the
same based on their respective educational and social contexts.
10.3. Production and Development of Materials. The production and development of locally produced
teaching and learning materials shall be encouraged. The approval of these materials shall be devolved to the
regional and division education unit in accordance with national policies and standards.
10.4. Medium of Teaching and Learning. Pursuant to Sections 4 and 5 of the Act, basic education shall be
delivered in languages understood by the learners as language plays a strategic role in shaping the formative years
of learners.
The curriculum shall develop proficiency in Filipino and English, provided that the first and dominant language
of the learners shall serve as the fundamental language of education. For Kindergarten and the first three years of
elementary education, instruction, teaching materials, and assessment shall be in the regional or native language
of the learners. The DepEd shall formulate a mother language transition program from the mother/first language
to the subsequent languages of the curriculum that is appropriate to the language capacity and needs of learners
from Grade 4 to Grade 6. Filipino and English shall be gradually introduced as languages of instruction until such
time when these two (2) languages can become the primary languages of instruction at the secondary level.
10.5. Stakeholder Participation. To achieve an enhanced and responsive basic education curriculum, the
DepEd shall undertake consultations with other national government agencies and other stakeholders including,
but not limited to, the Department of Labor and Employment (DOLE), the Professional Regulation Commission

(PRC), private and public schools associations, national student organizations, national teacher organizations,
parents-teachers associations, chambers of commerce and other industry associations, on matters affecting the
concerned stakeholders.
Section 11. Curriculum Consultative Committee. Pursuant to Section 6 of the Act, a Curriculum Consultative
Committee shall be created, to be chaired by the DepEd Secretary or his/her duly authorized representative, and
with members composed of, but not limited to, a representative each from the CHED, TESDA, DOLE, PRC,
the Department of Science and Technology (DOST), and a representative from business chambers such as the
Information Technology – Business Process Outsourcing (IT-BPO) industry association. The Consultative
Committee shall oversee the review and evaluation of the implementation of the enhanced basic education
curriculum and may recommend to the DepEd the formulation of necessary refinements in the curriculum.
RULE III. TEACHER QUALIFICATIONS, TRAINING AND CONTINUING PROFESSIONAL

DEVELOPMENT
Section 12. Teacher Education and Training. To ensure that the enhanced basic education program meets
the demand for quality teachers and school leaders, the DepEd, CHED, and TESDA shall conduct teacher
education and training programs, in collaboration with relevant partners in government, academe, industry, and
non-governmental organizations. Such professional development programs shall be initiated, conducted and
evaluated regularly throughout the year to ensure constant upgrading of teacher skills. Teacher education and
training programs shall include, but shall not be limited to:
12.1. In-service Training on Content and Pedagogy. DepEd teachers who will implement the enhanced basic
education curriculum but have not undergone pre-service education that is aligned with the enhanced basic
education curriculum shall be trained to meet the content and performance standards of the enhanced basic
education curriculum.
The DepEd shall ensure that private educational institutions shall be given the opportunity to avail of such training.
12.2. Training of New Teachers. New graduates of the Teacher Education curriculum not aligned with the
enhanced basic education curriculum shall undergo additional training, upon hiring, to upgrade their competencies
and skills to the content and performance standards of the new curriculum. Furthermore, the CHED, in
coordination with the DepEd and relevant stakeholders, shall ensure that the Teacher Education curriculum
offered in these TEIs will meet the necessary quality standards for new teachers. Duly recognized organizations
acting as TEIs, in coordination with the DepEd, CHED, and other relevant stakeholders, shall ensure that the
curriculum of these organizations meets the necessary quality standards for trained teachers.
For purposes of this subparagraph, the term “duly recognized organizations acting as TEIs” refers to organizations,
other than schools or HEIs, contracted out by the DepEd during the transition and for a fixed period, to provide
teacher training for purposes of retooling the graduates of the Teacher Education curriculum, and only in such
areas where there is a shortage of trained teachers.
12.3. Training of School Leadership. Superintendents, principals, subject area coordinators, and other
instructional school leaders shall likewise undergo workshops and training to enhance their skills on their roles as
academic, administrative, and community leaders.
12.4. Training of Alternative Learning System (ALS) Coordinators, Instructional Managers, Mobile
Teachers, and Learning Facilitators. ALS coordinators, instructional managers, mobile teachers, and learning
facilitators shall likewise undergo workshops and training to enhance their skills on their roles as academic,
administrative, and community leaders.
Section 13. Hiring of Other Teachers. Notwithstanding the provisions of Sections 26, 27 and 28 of Republic
Act No. 7836, otherwise known as the “Philippine Teachers Professionalization Act of 1994,” the DepEd and private
educational institutions shall hire, as may be relevant to the particular subject:

13.1. Graduates of science, mathematics, statistics, engineering, music and other degree courses needed to teach
in their specialized subjects in elementary and secondary education with shortages in qualified applicants who
have passed the Licensure Examination for Teachers (LET). They shall also include graduates admitted by
foundations duly recognized for their expertise in the education sector and who satisfactorily complete the
requirements set by these organizations; Provided, That they pass the LET within five (5) years after their date of
hiring; Provided, further, That if such graduates are willing to teach in basic education on part-time basis, the
provisions of LET shall no longer be required.
The term “foundations,” as used in this section, refers to non-stock, non-profit organizations, which are not
operating as educational institutions, contracted out by the DepEd for a fixed period, to provide volunteers to
teach in basic education in areas where there is a shortage of qualified teachers. The DepEd shall issue the
guidelines and procedures for selection and eligibility of these organizations.
13.2. Graduates of technical-vocational courses to teach in their specialized subjects in the secondary
education; Provided, That these graduates possess the necessary certification issued by TESDA; Provided, further,
That they undergo appropriate in-service training to be administered by the DepEd or HEIs at the expense of
the DepEd. The DepEd shall provide administrative support to private educational institutions for the in-service
training of their teachers on the enhanced basic education curriculum.
13.3. Faculty of HEIs to teach in their general education or subject specialties in secondary
education; Provided, That the faculty must be a holder of a relevant Bachelor’s degree, and must have satisfactorily
served as a full-time HEI faculty;
13.4. The DepEd and private educational institutions may hire practitioners, with expertise in the specialized
learning areas offered by the enhanced basic education curriculum, to teach in the secondary level: Provided, That
they teach on part-time basis only. For this purpose, the DepEd, in coordination with the appropriate government
agencies, shall determine the necessary qualification standards in hiring these experts.
RULE IV. PRIVATE EDUCATIONAL INSTITUTIONS
Section 14. Reasonable Supervision and Regulation. As a matter of policy laid down in Article XIV, Section
5(1) of the 1987 Philippine Constitution, the State recognizes the complementary roles of public and private
institutions in the educational system and shall exercise reasonable supervision and regulation of all educational
institutions.
Section 15. Issuance and Revocation of Permits and/or Recognition of Private Senior High Schools. The
DepEd shall regulate the offering of senior high school in private educational institutions. Private educational
institutions may only offer senior high school when so authorized by the DepEd. The DepEd shall prescribe the
guidelines on the issuance and revocation of permits and/or recognition of senior high schools.
Section 16. Specializations in Private Senior High School. Private educational institutions may offer
specializations in senior high school that are essential to the economic and social development of the nation,
region or locality. Local planning in the development of educational policies and programs shall be encouraged
consistent with the State policy to take into account regional and sectoral needs and conditions.
RULE V. CAREER GUIDANCE AND COUNSELING ADVOCACY
Section 17. Career Guidance and Counseling Programs. Consistent with Section 9 of the Act, to properly
guide the students towards becoming productive and contributing individuals through informed career choices,
the DepEd, in coordination with the DOLE, TESDA, CHED, PRC, NYC, industry associations, professional
associations, and other relevant stakeholders, shall pursue programs that expose students to the world and value
of work, and develop the capability of career counselors and advocates to guide the students and equip them with
the necessary life skills and values.

Section 18. Career Advocacy Activities. Career advocacy activities refer to activities that will guide secondary
level students in choosing the career tracks that they intend to pursue. Career advocacy activities involve provision
of career information and experiences, advising, coordinating and making referrals, and may include, but are not
limited to, career talks, career and job fairs, parents’ orientations, and seminar-workshops on career decision-
making.
Section 19. Career Advocates. Notwithstanding the provisions of Section 27 of Republic Act No. 9258,
otherwise known as the “Guidance and Counseling Act of 2004,” career advocates shall be allowed to conduct career
advocacy activities for secondary-level students of the schools where they are currently employed; Provided, That
they undergo appropriate capacity building programs developed and implemented by the DepEd, in coordination
with the DOLE, TESDA, CHED, PRC, NYC, student organizations, industry associations, guidance and
counseling associations, professional associations, and other relevant stakeholders.
Career advocacy may be conducted by career advocates and peer facilitators. Consistent with Section 9 of the Act,
career advocates refer to career and employment guidance counselors who are not registered and licensed
guidance counselors. Career advocates include homeroom advisers and teachers of all learning areas who will
implement career advocacy activities. Peer facilitators are secondary-level students trained to assist career
advocates in implementing career advocacy activities.
Section 20. Role of the DepEd. The DepEd shall:

(a) Integrate career concepts in the curriculum and undertake teaching in relevant learning areas;
(b) Conduct career assessments;
(c) Conduct regular career advocacy activities;
(d) Conduct continuous professionalization and capacity building of guidance counselors, career advocates, and
peer facilitators;
(e) Develop or accredit training programs on career advocacy;
(f) Establish a career advocacy unit and provide adequate office space in high schools; and
(g) Designate guidance supervisors at the division level and career advocates at the school level.
RULE VI. E-GASTPE BENEFICIARIES AND OTHER FINANCING ARRANGEMENTS WITH

PRIVATE EDUCATIONAL INSTITUTIONS AND NON-DEPED PUBLIC SCHOOLS
Section 21. Expansion of E-GASTPE Beneficiaries. Pursuant to Section 10 of the Act, the DepEd shall
develop programs of assistance that will extend the benefits accorded by Republic Act No. 8545, or the “Expanded
Government Assistance for Students and Teachers in Private Education Act,” to qualified students enrolled in senior high
school.
Section 22. Criteria for Assistance to Qualified Students. The programs of assistance shall be made available
primarily to students who completed junior high school in public schools, taking into account the income
background and financial needs of students, available capacities of public, private and non-DepEd public schools
in the locality, socio-economic needs of regions, overall performance of private and non-DepEd public schools,
as well as geographic spread and size of the student population.
The programs of assistance may also be made available to students who completed junior high school in private
educational institutions, whether these students are E-GASTPE beneficiaries or not, subject to compliance with
the qualifications and guidelines to be determined by the DepEd.
Section 23. Forms and Amount of Assistance. The forms of assistance that may be provided by the DepEd
may include any of the following:
(a) A voucher system, where government issues a coupon directly to students to enable them to enroll in eligible
private educational institutions or non-DepEd public schools of their choice under a full or partial tuition or
schooling subsidy;

(b) Education Service Contracting (ESC), where the government enters into contracts with private educational
institutions or non-DepEd public schools to shoulder the tuition and other fees of high school students who
shall enroll in private high schools under this program;
(c) Management contracts, where government enters into contractual arrangements with private educational
institutions or non-DepEd public schools to manage the day-to-day operations of public schools under agreed
performance targets;
(d) Forms of assistance provided under Republic Act No. 8545; and
(e) Other forms of financial arrangements consistent with the principles of public-private partnership.
The DepEd shall take into account the ability of program beneficiaries to cover tuition differentials, if any, in
setting the amount of the voucher, ESC, or other forms of assistance. The amount of assistance to be given by
the government shall not exceed the determined per student cost in public schools.
Section 24. Participating Schools. Private educational institutions, non-DepEd public schools, and other
potential providers of basic learning needs that may be authorized to offer senior high school are eligible to
participate in programs of assistance, as may be applicable, under the E-GASTPE program and other financial
arrangements formulated by the DepEd and DBM based on the principles of public-private partnership. The
continued participation of said providers in the E-GASTPE program and other financial arrangements is subject
to their meeting minimum requirements and standards, including student performance, as determined by the
DepEd.
To promote partnership and greater cooperation between public and private educational institutions, government
will take into account existing and potential capacities of private educational institutions in expanding public
school capacity.
Section 25. Implementation Mechanisms. The DepEd may enter into contractual arrangements or establish
new mechanisms for the design, administration, and supervision of programs of assistance or aspects thereof,
subject to the approval of the appropriate government agencies. For this purpose, the DepEd shall:
(a) Issue the appropriate guidelines for the implementation of the programs of assistance;
(b) Ensure transparency and accountability in the implementation of the programs of assistance;
(c) Implement information and advocacy programs to inform the general public and ensure greater participation
and availment of the programs of assistance; and
(d) Undertake periodic reviews of the program features and make adjustments, as necessary, to ensure the
successful, effective and sustainable implementation of the program. The program features shall include, among
others, amount of subsidy, number of grantees, eligibility requirements, and performance of participating
schools.
Section 26. Funding Requirement. The budgetary requirement of the programs under this Rule shall be
ensured by the national government.
The DepEd shall encourage private and corporate donors to support the programs of assistance in this section
under the framework of Republic Act No. 8525, entitled, “An Act Establishing An ‘Adopt-A-School Program,’ Providing
Incentives Therefor, And For Other Purposes,” and other relevant laws and policies.
Section 27. Timeframe. The DepEd shall implement the programs provided in this Rule no later than the start
of School Year 2016-2017.
Section 28. Additional Beneficiaries. The DepEd may develop similar programs of assistance for kindergarten
and elementary pupils and alternative learning system learners in accordance with specific objectives, taking into
account the need and capacities of public and private educational institutions.
RULE VII. TRANSITORY PROVISIONS

Section 29. Private Basic Educational Institutions’ Transition to the Enhanced Basic Education
Program. The DepEd shall ensure the smooth transition of private elementary and high schools in the country
that are not aligned with the enhanced basic education program. Private educational institutions or a group thereof
shall develop their plans detailing how to transition from their current basic education system to the enhanced
basic education program. The DepEd shall provide the appropriate guidelines on the evaluation of the transition
plans.
Private educational institutions offering twelve (12) to thirteen (13) years of basic education prior to the enactment
of this Act shall submit to the DepEd their transition plans within twelve (12) months from the effectivity of this
IRR, subject to the guidelines that will be issued by the DepEd.
Section 30. Implementation Mechanisms and Strategies. Pursuant to Section 12 of the Act, the DepEd,
CHED and TESDA shall formulate the appropriate strategies and mechanisms needed to ensure smooth
transition from the existing ten (10) years basic education cycle to the enhanced basic education program. The
strategies may cover, among others, changes in physical infrastructure, human resource, organizational and
structural concerns, bridging models linking secondary education competencies and the entry requirements of
new tertiary curricula, and partnerships between the government and other entities. Modeling for Senior High
School (SHS) may be implemented in selected schools to simulate the transition process and provide concrete
data for the transition plan following the guidelines set by the DepEd. The results of the SHS modeling program
may be considered in the nationwide implementation of the SHS program in School Year 2016-2017.
30.1. Partnerships with HEIs and TVIs. To manage the initial implementation of the enhanced basic education
program and mitigate the expected multi-year low enrolment turnout for HEIs and TVIs starting School Year
2016-2017, the DepEd shall engage in partnerships with HEIs and TVIs for the utilization of the latter’s human
and physical resources, and issue relevant guidelines on such partnerships. Moreover, the DepEd, CHED,
TESDA, TVIs and HEIs shall coordinate closely with one another to implement strategies that ensure the
academic, physical, financial, and human resource capabilities of HEIs and TVIs to provide educational and
training services for graduates of the enhanced basic education program to ensure that they are not adversely
affected. The faculty of HEIs and TVIs allowed to teach students of secondary education under Section 8 of the
Act, shall be given priority in hiring for the duration of the transition period.
30.2. Financing Framework for State Universities and Colleges During the Transition Period. The CHED
and DBM shall review the financing policy framework for State Universities and Colleges in light of the Act with
the end in view of optimizing the use of government resources for education, the results of which shall be covered
by a joint administrative issuance.
30.3. Effects of Initial Implementation of the Enhanced Basic Education Program on Industry Human
Resource Requirements. The DOLE, CHED, DepEd, TESDA and PRC, in coordination with industry
associations and chambers of commerce, shall develop a contingency plan, not later than the start of School Year
2015-2016, to mitigate the effects of the enhanced basic education program with respect to a potential reduction
or absence of college graduates to meet the human resource requirements of industry. The plan shall contain
mitigation strategies for industries to adjust their employment policies as deemed necessary and expedient, and
may include the adoption of other relevant programs or appropriate qualifications.
Section 31. Labor and Management Rights. In the implementation of the Act, including the transition period,
the rights of labor as provided in the Constitution, the Civil Service Rules and Regulations, Labor Code of the
Philippines, and existing collective agreements, as well as the prerogatives of management, shall be respected. The
DOLE, DepEd, CHED and TESDA shall promulgate the appropriate joint administrative issuance, within sixty
(60) days from the effectivity of this IRR, to ensure the sustainability of the private and public educational
institutions, and the promotion and protection of the rights, interests and welfare of teaching and non-teaching
personnel.
For this purpose, the DOLE shall convene a technical panel with representatives from the DepEd, CHED,
TESDA and representatives from both teaching and non-teaching personnel organizations, and administrators
of the educational institutions.

Section 32. Transition Period. The transition period shall be reckoned from the date of the approval of this
IRR until the end of School Year 2021-2022.
RULE VIII. JOINT CONGRESSIONAL OVERSIGHT COMMITTEE
Section 33. Joint Congressional Oversight Committee on the Enhanced Basic Education Program. The
Joint Congressional Oversight Committee created under Section 13 of the Act shall be composed of five (5)
members each from the Senate and from the House, including Chairs of the Committees on Education, Arts and
Culture, and Finance of both Houses. The membership of the Committee for every House shall have at least two
(2) opposition or minority members.
RULE IX. MANDATORY EVALUATION AND REVIEW
Section 34. Mandatory Evaluation and Review. By the end of School Year 2014-2015, the DepEd shall
conduct a mandatory review and submit a midterm report to Congress as to the status of implementation of the
Enhanced Basic Education Program in terms of closing the following current shortages: (a) teachers; (b)
classrooms; (c) textbooks; (d) seats; (e) toilets; (f) other shortages that should be addressed.
The DepEd shall include among others, in this midterm report, the following key metrics of access to and quality
of basic education: (a) participation rate; (b) retention rate; (c) National Achievement Test results; (d) completion
rate; (e) teachers’ welfare and training profiles; (f) adequacy of funding requirements; and (g) other learning
facilities including, but not limited to, computer and science laboratories, libraries and library hubs; and sports,
music and arts.
RULE X. COMMITMENT TO INTERNATIONAL BENCHMARKS
Section 35. Commitment to International Benchmarks. The DepEd shall endeavor to increase the per capita
spending on education towards the immediate attainment of international benchmarks. Towards this end, the
DepEd shall seek to:
a) engage local government units to efficiently use the special education fund and other funds to advance and
promote basic education;
b) implement programs that will enhance private sector participation and partnership in basic education; and
c) propose an annual budget allocation in accordance with these goals. The DepEd shall further develop a
multi-year spending plan to ensure that the UNESCO-prescribed standards on education spending are attained.
RULE XI. FINAL PROVISIONS
Section 36. Appropriations. Pursuant to Section 11 of the Act, the initial funding for the operationalization of
the Enhanced Basic Education Program shall be charged against the current appropriations of the DepEd.
Thereafter, such sums which shall be necessary for the continued implementation of the enhanced basic education
program shall be included in the annual General Appropriations Act.
Section 37. Implementing Details. The DepEd, CHED and TESDA may issue such policies and guidelines as
may be necessary to further implement this IRR.
Section 38. Amendment. Amendments to this IRR shall be jointly promulgated by the DepEd Secretary, CHED
Chairperson, and TESDA Director-General.
Section 39. Separability Clause. Should any provision of this IRR be subsequently declared invalid or
unconstitutional, the same shall not affect the validity and effectivity of the other provisions.
Section 40. Repealing Clause. Pursuant to Section 18 of the Act, rules and regulations implementing the
pertinent provisions of Batas Pambansa Bilang 232 or the “Education Act of 1982,” Republic Act No. 9155 or

the “Governance of Basic Education Act of 2001,” Republic Act No. 9258, Republic Act No. 7836, and all other laws,
decrees, executive orders and rules and regulations, contrary to or inconsistent with the provisions of the Act are
deemed repealed or modified accordingly.
Section 41. Effectivity Clause. This IRR shall take effect fifteen (15) days after its publication in the Official
Gazette or in two (2) newspapers of general circulation.
This IRR shall be registered with the Office of the National Administrative Register at the University of the
Philippines Law Center, UP Diliman, Quezon City.
Done this 4th day of September 2013.
(Sgd.) BR. ARMIN A. LUISTRO FSC (Sgd.) DR. PATRICIA B. LICUANAN

Secretary Chairperson
Department of Education Commission on Higher Education
(Sgd.) SEC. EMMANUEL JOEL J. VILLANUEVA

Director General
Technical Education and Skills Development Authority
J. R.A. 10931 – Universal Access to Quality Tertiary Education Act
AN ACT PROMOTING UNIVERSAL ACCESS TO QUALITY TERTIARY EDUCATION BY

PROVIDING FOR FREE TUITION AND OTHER SCHOOL FEES IN STATE UNIVERSITIES
AND COLLEGES, LOCAL UNIVERSITIES AND COLLEGES AND STATE-RUN TECHNICAL-
VOCATIONAL INSTITUTIONS, ESTABLISHING THE TERTIARY EDUCATION SUBSIDY
AND STUDENT LOAN PROGRAM, STRENGTHENING THE UNIFIED STUDENT
FINANCIAL ASSISTANCE SYSTEM FOR TERTIARY EDUCATION, AND APPROPRIATING
FUND THEREFOR
Be it enacted by the Senate House of Representatives of Philippines in Congress assembled:
Section 1. Short Title. - This Act shall be known as the "Universal Access to Quality Tertiary Education Act".
Section 2. Declaration of Policy. - It is hereby declared that quality education is an inalienable right of all Filipinos
and it is the policy of the State to protect and promote the rights of all students to quality education at all levels.
Therefore, the State shall take appropriate steps to make such education accessible to all.
Likewise, the State hereby recognizes the complementary roles of public and private higher education institutions
and technical-vocational institutions in the educational system and the invaluable contribution that the private
tertiary schools have made and will make to education. For these intents, the State shall:
(a) Provide adequate funding and such other mechanisms to increase the participation rate among all
socioeconomic classes in tertiary education;
(b) Provide all Filipinos with equal opportunity to quality tertiary education in both the private and public
educational institutions;
(c) Give priority to students who are academically able and who come from poor families;
(d) Ensure the optimized utilization of government resources in education;
(e) Provide adequate guidance and incentives in channeling young Filipinos in their career choices and towards
the proper development and utilization of human resources; and
(f) Recognize the complementary roles of public and private institutions in tertiary educational system.
Section 3. Definition of Terms. - As used in this Act:

(a) Cost of Tertiary Education refers to (1) tuition and other school fees, (2) educational expenses and (3)
the cost of living allowance;
(b) Graduate courses refers to higher education programs leading to a certificate, diploma, master's or
doctorate degrees, as may be authorized and recognized by the Commission on Higher Education
(CHED);
(c) Higher education refers to the stage of formal education, or its equivalent, requiring completion of
secondary education and covering programs of study leading to bachelor and advanced degrees, including
associate degrees;
(d) Higher Education Institution (HEI) refers to an education institution authorized and recognized by
the CHED to offer bachelor's degree or graduate courses;
(e) Local universities and colleges (LUCs) refers to CHED-accredited public HEIs established by local
government units (LGUs) through an enabling ordinance, financially supported by the LGU concerned,
and complaint with the policies, standards and guidelines of the CHED;
(f) National Household Targeting System for Poverty Reduction (NHTS-PR) or Listahanan 2.0 refers to
the information management of the Department of Social Welfare and Development (DSWD) that
identifies who and where the poor are in the country. The system makes available to national government
agencies and other social protection stakeholders a database of poor families as reference in identifying
potential beneficiaries of social protection programs;
(g) Other education-related expenses refers to expenses related to the education of a student such as
books, school supplies, uniforms, reproduction of materials, electronic devices necessary for education
and other fees such as for practical teaching devices student publication, yearbook, insurance and student
trust funds:
(h) Other school fees refers to fees charges by HEIs and technical-vocational institutions which cover
other necessary costs supportive of instructions, specifically the following: library fees, computer fees,
laboratory fees, school ID fees , athletic fees, admission fees, development fees, guidance fees, handbook
fees, entrance fees, registration fees, medical and dental fees, cultural fees and other similar or related
fees;
(i) Private higher education institution refers to HEI not not owned and controlled by the government
or its instrumentalities;
(j) Private technical-vocational institution refers to post-secondary technical-vocational institution run by

the private sector offering programs registered with the Technical Education and Skills Development
Authority (TESDA);
(k) Qualified student refers to any student who possesses all the qualifications under Section 4 and 5 and
none of the disqualifications under Section 6 hereof;
(l) State-run technical-vocational institutions refers to technical-vocational institutions operated by the

TESDA or LGUs: Provided, That in the latter case, the same should be accredited by the TESDA;
(m) State universities and colleges (SUCs) refers to public HEIs established by national government and
are governed by their respective independent boards of trustees or regents;
(n) Student loan program for tertiary education refers to a loan program established under Section 8 of
this Act;

(o) Technical-Vocational Education and Training (TVET) refers to the education process designed a
post-secondary and lower tertiary levels, officially recognized as nondegree programs aimed at preparing
technicians, paraprofessionals and other categories of middle-level workers by providing them with a
board range of general education, theoretical, scientific and technological studies, and related job skills
training;
(p) Technical-Vocational Institutions (TVIs) refers to learning institutions offering post-secondary

(TVET;
(q) Tertiary education refers to the stage of education following the secondary cycle which covers post-
secondary nondegree diploma, TVET, and higher education programs, including graduate education;
(r) Tertiary education subsidy (TES) refers to a subsidy established under Section 7 of this Act;
(s) Tuition fees refer to fees or school charges for subjects or course enrolled in by a tertiary eduaction
student;
(t) Undergraduate courses refers to any program leading to a degree as may be authorized and recognized
by the CHED; and
(u) Unified StudentFinancial Assistance System for Tertiary Education (UniFAST) refers to the
harmonized, state-run and administered system of higher education and technical-vocational scholarships,
grants-in-aid, student loans, and other modalities of student financial assistance program under Republic
Act No. 10687.
Section 4. Free Higher Education in SUCs and LUCs. - All Filipino students who are either cirrently enrolled at the
time of the effectivityof this Act, or shall enroll at any time thereafter, in courses in pursuance of a bachelor's
degree, certificate degree, o any comparable undergraduate degree in other school fees for units enrolled
in: Provided, That they pass the entrance examination and other admission and rentention requirements of the
SUCs and LUCs: Provided. Further, That all SUCs and LUCs shall create a mechanism to enable students with the
financial capacity to pay for their education in the SUC and LUC to voluntarily opt out of the tuition and other
school fees subsidy or make a contribution to the school. SUCs and LUCs must report the tuition payments and
contributions collected from these students to the CHED: Provided, finally, That the amount required to implement
the free tuition and other school fees in SUCs and LUCs shall be determined by the respective governing boards
of SUCs and LUCs based on the projected number of enrollees for each academic years, which shall be the
primary factor in computing the annual proposed budget of SUCs and, in the case of LUCs, the CHED for such
purpose. This shall in turn serve as the baseline during the preparation of the annual National Expenditure
Program (NEP) by the Department of Budget and Management (DBM).
Section 5. Free TVET in Post-Secondary TVIs. - All Filipino students who are currently enrolled at the time of the
effectivity of this Act, or shall enroll at any time thereafter in any post-secondary TVET leading to nondegree
certificate or diploma programs offered by any state-run TVI under the TESDA shall be exempt from paying
tuition and other school fees: Provided, That all state-run TVIs shall create a mechanismto enable students with
the financial capacity to pay for their education in the TVI to voluntarily opt out of the tuition and other school
fees subsidy or make a contribution to the TVI. TVIs must report the tuition payments and contributions collected
from these students.
The amount required to implement the free tuition and other school fees in state-run TVIs shall be determined
by the governing board of the TESDA based on the projected number of enrollees for each course, which shall
be primary factor in computing for the annual proposed budget of the TESDA for such purpose. This shall in
turn serve as the baseline during the preparation of the annual NEP by the DBM.
Section 6. Exceptions to Free Tertiary Education. - The following students are ineligible to avail of the free tertiary
education:

(a) In SUCs and LUCs:
(1) Students who have already attained a bachelor's degree or comparable undergraduate degree
from any HEI, whether public or private:
(2) Students who fail to comply with the admission and retention policies of the SUC or LUC;
(3) Students who fail to complete their bachelor's degree or comparable undergraduate degree
within a year after the period prescribed in their program; and
(b) In State-Run TVIs:
(1) Students who have obtained a bachelor's degree, as well as those who have received a
certificate or diploma for a technical-vocational course equivalent to at least National Certificate
III and above:
(2) Students who fail in any course enrolled in during the course of the program.
Students ineligible to avail of the free tertiary education shall be charged the tuition and other school fees, as
determined by the respective boards of the SUCs and LUCs, and in the case of the state-run TVIs, to be
determined by the TESDA.
Section 7. TES for Filipino Students. - To support the cost of tertiary education or any part or portion thereof, a
TES is hereby established for all Filipino students who shall enroll in undergraduate-post-secondary programs of
SUCs, LUCs private HEIs and all TVIs. The TES shall be administered by the UniFAST Board and the amount
necessary to fund the TES shall be included in the budgets of the CHED and the TESDA: Provided, That
prioritization shall be given to students in the following order: (a) students who are part of households included
in the Listahanan 2.0, ranked according to the estimated per capita household income; and (b) students not part
of the Listahanan 2.0, ranked according to estimated per capita household income based on submitted
documentation of proof of income to be determined by the UniFAST Board: Provided, further, That such
prioritization shall not apply to Filipino students in cities and municipalities with no existing SUC or LUC campus.
The TES may, among others, and to support the cost of tertiary education or any part or portion thereof, cover
the following:
(a) Tuition and other school fees in private HEIs, and private or LGU-operated TVIs, which shall be
equivalent to the tuition and other school fees of the nearest SUC or state-run TVI in their respective
areas;
(b) All allowance for books, supplies transportation and miscellaneous personal expenses including a
reasonable allowance for the documented rental or purchase of a personal computer or laptop and other
education-related expenses:
(c) An allowance for room and board costs incurred by the student;
(d) For a student with a disability, an allowance for expenses related to the student's disability, an
allowance for expenses related to the student's disability including special services, personal assistance,
transportation, equipment, and supplies that are reasonably incurred: and
(e) For a student in a program requiring professional license or certification, the one (1)-time cost of
obtaining the first professional credentials or qualifications, which may include the following: application
fees, notarial fees, review classes fees, insurance premium fees and documentation fees: Provided, That the
amount of subsidy shall be based on the guidelines set forth by the UniFAST Board and on the annual
budgetary appropriation for this purpose.

Section 8. Student Loan Program for Tertiary Education. - To support further the cost of tertiary education or any part
or portion thereof, a student loan program for tertiary education is hereby likewise established for all Filipino
students who shall enroll in SUC, LUC, private HEI and TVET program in all TVIs registered under the TESDA.
The Loan program shall be administered by the UniFAST Board and the amount necessary to fund the program
shall be included in the budgets of the CHED and the TESDA: Provided, That the UniFAST may offer short-term
or long-term loans: Provided, further, That those who availed of the loan during their undergraduate degree may still
avail of another cycle of student loan for their pursuit of graduate studies, including medicine and law after they
have fully paid the previously availed loan: Provided, furthermore, That those who did not avail of the loan program
during their undergraduate studies may avail of it to pursue graduate studies including medicine and law: Provided,
finally, That those who did not avail of the loan program during their undergraduate studies may avail of the loan
program for their review expenses for licensure examinations administered by the Professional Regulation
Commission (PRC).
Repayment shall be effected by the incorporating a portion of the loan amount or a percentage thereof in the
employee's monthly Social Security System (SSS) or Government Service Insurance System (GSIS) contribution,
as the case may be based on a reasonable schedule of repayment and interest rates. As may be formulated by the
UniFAST Board.
Payment of the loan amount will commence once the beneficiary secures any gainful employment with
compensation, remuneration or earnings that reaches the Compulsory Repayment Threshold (CRT). For
purposes of this Act, the CRT shall be set and reviewed by the UniFAST Board, and adjusted when necessary.
The UniFAST Board, in consultation with relevant agencies, shall formulate loan payment guidelines for loan
beneficiaries whose earnings are not covered by the GSIS or the SSS programs, including those of overseas
Filipino workers (OFWs), emigrants, and self-employed persons and professionals (SEPs).
Section 9. Requirements for SUCs and LUCs. - SUCs and LUCs are hereby mandated to:
(a) Establish a learner information system in accordance with the guidelines to be developed by the
CHED in order to facilitate the tracking of students and their performance;
(b) Submit relevant information as determined by the CHED on school quality and performance; and
(c) Formulate and submit to the CHED and to the Joint Congressional Oversight Committee on
Universal Access to Tertiary Education created under Section 17 of this Act, a detailed SUC development
plan updated every ten (10) years which shall included plans for facilities and infrastructure development
and expansion.
Section 10. Quality Standard for SUC and LUC Budgets, TES and Student Loan Programs. - The CHED and the
TESDA shall ensure quality standards in the review and consequent endorsement of the budget of the SUCs,
LUCs abd state-run TVIs, respectively. The detailed design of the TES and student loan programs shall also be
subject to similar quality indicators defined by the UniFAST Board.
Section 11. Prohibited Act. - Upon effectivity of this Act, it shall be unlawful for any person, SUC and state-run
TVI to collect tuition and other school fees from qualified students who voluntarily opt out of the tuition and
other school fees subsidy or make a contribution to the school.
Section 12. Penalties. - A violation of the prohibited act under Section 11 of this Act shall be meted a penalty of
imprisonment of not less than six (6) months but not more than one (1) year or a fine of not less than Twenty
thousand pesos (?20,000.00) but not more than One hundred thousand pesos (?100,000.00), or both, at the
discretion of the court. In case of a university, college or any other judicial entity, the penalty shall be imposed on
the president, treasurer or the officer or person responsible for the violation.
Section 13. Expansion of the UniFAST Board. - The UniFAST Board shall be expanded to include the following:

(a) President of the Philippine Association of State Universities and Colleges as Member;
(b) Chairman of the Coordinating Council of Private Educational Associations as Member;
(c) President of the Association of Local Colleges and Universities as Member;
(d) President of the GSIS as a nonvoting Member; and
(e) President of the SSS as a nonvoting Member.
The UniFAST Board is authorized to establish an enhanced organizational structure, staff development and
incentives and such other administrative measures needed for the efficient discharge of tasks and commensurate
to the level and scope of its responsibilities. It may tap the expertise and management services of eligible service
providers subject to the appropriate guidelines promulgated by the UniFAST Board.
Section 14. Reporting Requirements. - All SUCs, LUCs and state-run TVIs shall submit to the CHED and the
TESDA respectively, within five (5) days after the last day of late registration for each semester, a report detailing
the names of students eligible for the free tuition and other school fees in their institutions.
Section 15. Appropriations. - The amounts necessary to carry out the provisions of this Act, specifically Section 4,
5, 7 and 8 shall be included in the annual General Appropriations Act (GAA) and shall be appropriated under
SUCs, CHED and TESDA in accordance with the provisions of this Act: Provided, That an amount equivalent to
not more than three percent (3%) of the TES and student loan program for tertiary education provided under
this Act may be used as administrative cost under the UniFAST.
Section 16. Other Sources of Funds. The national government is hereby authorized to prioritize funding this measure
in negotiating and utilizing loan-term deeply concessional official development assistance (ODA). Other sources
of funds such as grants, donations, collections, and other forms of assistance from local and foreign donors or
other public or private entities, and other private domestic and international sources may be tapped and facilitated
by the UniFAST Board to support the programs under this Act, subject to the regular auditing guidelines and
procedures;
Provided, That in case of donations from foreign sources, acceptance thereof shall be subject to existing
government rules and regulations.
Section 17. Joint Congressional Oversight Committee on Universal Access to Tertiary Eduaction. There is hereby created a
Joint Congressional Oversight Committee to oversee, monitor and evaluate the implementation of this Act.
The Oversight Committee shall be composed of five (5) members each from the Senate and from the House of
Representatives, and shall include the following: Chairperson of the Senate Committee on Education, Arts and
Culture; Chairperson of the House Committee on Higher and Technical Education; Chairperson of the House
Committee on Higher and Technical Education by the Senate President and the House of Representatives and in
the Senate. Funding for the expenses of the Committee shall be taken from the appropriations of both the Senate
and the House of Representatives.
Section 18. Implementing Rules and Regulations. - Within sixty (60) days from the effectivity of this Act, the UniFAST
Board, in consultation with the CHED, the TESDA, and other relevant stakeholders in higher and technical
education, shall promulgate the implementing rules and regulation necessary to ensure the efficient and effective
implementation of this Act: Provided, That the failure of the Board to promulgate the said rules and regulations
shall not prevent or delay the effectivity and implementation of this Act in accordance with Section 21 hereof.
Section 19. Separability Clause. - Should any part of this Act be declared unconstitutional or invalid, the other parts
or provisions hereof not affected not thereby shall continue to be in full force and effect.
Section 20. Repealing Clause. - All laws, executive orders, presidential decrees, implementing rules and regulations
or parts thereof inconsistent with the provisions of this Act are hereby replealed or modified accordingly.

Section 21. Effectivity. - This Act shall take effect fifteen (15) days after its publication in the Official Gazzette or
in a newspaper of general circulation.
Approved,
(Sgd.) PANTALEON ALVAREZ (Sgd.) AQUILINO "KOKO" PIMENTEL, III

Speaker of the House President of the Senate
of Representatives
This Act which is a consolidation of Senate Bill No. 1304 and House Bill No. 5633 was finally passed by the
Senate and the House of Representatives on May 30, 2017 and May 29, 2017, respectively.
(Sgd.) CESAR STRAIT PAREJA (Sgd.) LUTGARDO B. BARBO

Secretary General Secretary of the Senate
House of Representatives
Approved: August 3, 2017
(Sgd.) RODRIGO ROA DUTERTE

LEARNING POINTS
These are excerpts on other laws relevant to the teaching profession:
A. R.A. 6728 – an act known as Government Assistance to Students and Teachers in Private Education
B. R.A. 8545 - Expanded Government Assistance to Students and Teachers in Private Education
Act
An act amending republic act no. 6728, otherwise known as “an act providing government assistance to students
and teachers in private education and appropriating funds therefor,” establishing a fund for the purpose of
subsidizing salaries of private school teachers, and appropriating funds therefor.
C. RA 7877 – Anti Sexual Harassment Act of 1995

An act declaring sexual harassment unlawful in the. employment, education or training environment, and. for
other purposes.
D. R.A. 8190 – an act granting priority to residents of the barangay, municipality or city where the school is
located, in the appointment or assignment of classroom public school teachers
E. RA 9262 – Anti Violence Against Women and their Children Act of 2004
An act defining violence against women and their children, providing for protective measures for victims,
prescribing penalties therefore, and for other purposes.
F. RA 9710 – The Magna Carta of Women

The various existing laws and policies to empower and protect women, and ensure equal rights and opportunities

for men and women, have been strengthened further with the enactment of Republic Act No. 9710, otherwise
known as The Magna Carta of Women.
G. RA 8491 – Flag and Heraldic Code of the Philippines

An act prescribing the code of the national flag, anthem, motto, coat-of-arms and other heraldic items and devices
of the Philippines. be it enacted by the senate and home of representatives of the Philippines in congress
H. RA 10157 – The Kindergarten Education Act

An Act Institutionalizing the Kindergarten Education Into the Basic Education System and Appropriating Funds
Therefor, otherwise known as the “Kindergarten Education Act.”
I. R.A. 10533 – Enhanced Basic Education Act of 2013

Act refers to Republic Act No. 10533, entitled “An Act Enhancing the Philippine Basic Education System by
Strengthening Its Curriculum and Increasing the Number of Years for Basic Education, Appropriating Funds
Therefor and for Other Purposes,” otherwise known as the “Enhanced Basic Education Act of 2013.”
J. R.A. 10931 – Universal Access to Quality Tertiary Education Act
Otherwise known as the Universal Access to Quality Tertiary Education Act is “an act promoting universal access
to quality tertiary education by providing free tuition and other school fees in State Universities and Colleges,
Local Universities and Colleges, and State-Run Technical-Vocational Institutions

LEARNING ACTIVITIES
Review Exercises
Name: _________________________________ Date: _________
Year & Section__________________________ Score: __________
Activity 1.1 Critical Questions: Reflect and write your answer to the following questions
1.You have read many cases of sexual harassment filed against teachers and other employees. Explain the
provision that sexual harassment is committed when the act is “against one who is under the care, custody or
supervision of the offender…”
____________________________________________________________________________________
____________________________________________________________________________________
____________________________________________________________________________________
____________________________________________________________________________________
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____________________________________________________________________________________
____________________________________________________________________________________
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____________________________________________________________________________________
____________________________________________________________________________________
____________________________________________________________________________________
____________________________________________________________________________________
___________________________________________________________________________________.
2. Cite other circumstances of sexual harassment in the education and training environment.
____________________________________________________________________________________
____________________________________________________________________________________
____________________________________________________________________________________
____________________________________________________________________________________
____________________________________________________________________________________
____________________________________________________________________________________
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____________________________________________________________________________________
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____________________________________________________________________________________
____________________________________________________________________________________
___________________________________________________________________________________.

Review Exercises
Name: _________________________________ Date: _________
Year & Section__________________________ Score: __________
Activity 1.2 Critical Questions: Reflect and write your answer to the following questions
A. What is meant by institutionalization of Kindergarten?

____________________________________________________________________________________
____________________________________________________________________________________
____________________________________________________________________________________
____________________________________________________________________________________
____________________________________________________________________________________
____________________________________________________________________________________
____________________________________________________________________________________
____________________________________________________________________________________
____________________________________________________________________________________
____________________________________________________________________________________
B. Completion type: Write the missing word/s under RA no. 8190 in order to complete the different
sections as stipulated from the abovementioned Republic Act.
REPUBLIC ACT NO. 8190 - AN ACT GRANTING PRIORITY TO RESIDENTS OF THE

BARANGAY, MUNICIPALITY OR CITY WHERE THE SCHOOL IS LOCATED, IN THE
APPOINTMENT OR ASSIGNMENT OF CLASSROOM PUBLIC SCHOOLTEACHERS
Section 1. In the appointment or assignment of teachers to public elementary or secondary schools, priority
shall be given to ______________________of the barangay, municipality, city or province where the school
is located: provided, that the teacher possesses all the minimum qualifications for the position as required by
law.
Protests regarding the appointment or assignment of classroom public schoolteachers shall prescribe in three
(3) months upon the issuance of such appointments or assignment.
Sec. 2. In the exercise of its disciplinary authority, the Secretary of Education, Culture and Sports shall impose
the following ________________________for any willful violation of this Act: (1) first violation –
suspension of one (1) month without pay; (2) second violation – suspension of two (2) months without pay;
and (3) third violation and subsequent violations hereof – suspension of six (6) months without pay.
Sec. 3. The Department of Education, Culture and Sports (DECS) shall prescribe the rules and regulations
necessary to implement this Act. The _____________shall provide the senate and the House of
Representatives a copy of the rules and regulations within ninety (90) days after approval of this Act.
Sec. 4. All laws, decrees, _________________, rules and regulations, or parts thereof inconsistent with this
Act are hereby repealed or modified accordingly.
Sec. 5. This Act shall take effect _______________after its complete publication in the Official Gazette or
in at least two (2) newspapers of general circulation.

REFERENCES
Pawilen ,Greg T..Copyright 2019.Teaching Profession Passion and Mission Second Edition.REX Bookstore
Publishing Co.
BilbaoPurita et.al.Copyright 2018.The Teaching Profession,Fourth Edition.LORIMAR Publishing, Inc.
BilbaoPurita et.al.Copyright 2012.The Teaching Profession,Second Edition.LORIMAR Publishing, Inc.
Prepared by : DR .SHIRLEY L. MILANES

Faculty/Program Chair, Beed & BTEd

Prof. Ed. 101 SG6

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Study Guide in Prof.Ed.

Unit 6 – Other Laws Relevant to the Teaching Profession

JANUARY 30, 1992 – DO 15, S. 1992 – GUIDELINES ON THE ALLOCATION OF THE

January 30, 1992

To: Bureau Directors

PANGASINAN STATE UNIVERSITY 1

Reference: DECS Order: No. 16, s. 1992

REPUBLIC ACT NO. 8545

PANGASINAN STATE UNIVERSITY 2

EDUCATION AND APPROPRIATING FUNDS THEREFOR,” ESTABLISHING A FUND FOR

PANGASINAN STATE UNIVERSITY 3

“The following are forms of assistance to students in private education:

PANGASINAN STATE UNIVERSITY 4

PANGASINAN STATE UNIVERSITY 5

PANGASINAN STATE UNIVERSITY 6

PANGASINAN STATE UNIVERSITY 7

Approved: February 24, 1998

C. RA 7877 – Anti Sexual Harassment Act of 1995

AN ACT DECLARING SEXUAL HARASSMENT UNLAWFUL IN THE EMPLOYMENT,

Republic Act 7877: Anti-Sexual Harassment Act of 1995

AN ACT DECLARING SEXUAL HARASSMENT UNLAWFUL IN THE EMPLOYMENT,

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

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

PANGASINAN STATE UNIVERSITY 8

PANGASINAN STATE UNIVERSITY 9

(Sgd.) EDGARDO J. ANGARA

(Sgd.) JOSE DE VENECIA, JR .

(Sgd.) EDGARDO E. TUMANGAN

(Sgd.) CAMILO L. SABIO

Approved: February 14, 1995

(Sgd.) FIDEL V. RAMOS

REPUBLIC ACT NO. 8190 - AN ACT GRANTING PRIORITY TO RESIDENTS OF THE

PANGASINAN STATE UNIVERSITY 10

Approved: June 11, 1996

Republic Act No. 9262

AN ACT DEFINING VIOLENCE AGAINST WOMEN AND THEIR CHILDREN, PROVIDING

SECTION 3. Definition of Terms.- As used in this Act,

A. “Physical Violence” refers to acts that include bodily or physical harm;

PANGASINAN STATE UNIVERSITY 11

c) Prostituting the woman or child.

3. destroying household property;

PANGASINAN STATE UNIVERSITY 12

(a) Causing physical harm to the woman or her child;

(b) Threatening to cause the woman or her child physical harm;

(c) Attempting to cause the woman or her child physical harm;

PANGASINAN STATE UNIVERSITY 13

(5) Engaging in any form of harassment or violence;

PANGASINAN STATE UNIVERSITY 14

(f) Granting a temporary or permanent custody of a child/children to the petitioner;

PANGASINAN STATE UNIVERSITY 15

(a) the offended party;

(b) parents or guardians of the offended party;

(f) Punong Barangay or Barangay Kagawad;

(g) lawyer, counselor, therapist or healthcare provider of the petitioner;

(a) names and addresses of petitioner and respondent;

(b) description of relationships between petitioner and respondent;

(c) a statement of the circumstances of the abuse;

(d) description of the reliefs requested by petitioner as specified in Section 8 herein;

(e) request for counsel and reasons for such;