PRESIDENTIAL DECREE No. 6-A September 29, 1972
AUTHORIZING THE UNDERTAKING OF EDUCATIONAL DEVELOPMENT PROJECTS,
PROVIDING ...
(b) Upgrading of academic standards through accreditation schemes, admissions testing and
guidance counselling;
(c) Democr...
of Education to, and approved by an Education Special Committee, hereinafter provided, to form
part of the educational dev...
and forty-two, Act Numbered Forty-two hundred and thirty nine, Commonwealth Act Numbered one
hundred thirty-eight, Commonw...
receipts from the taxes provided for under Republic Act Numbered Fifty-four hundred and
forty-eight, as provided in Sectio...
all taxes, duties, fees, imposts, other charges and restrictions, including import restrictions, imposed
by the Republic o...
NOW, THEREFORE, I, FERDINAND E. MARCOS, President of the Philippines, by virtue of the
powers vested in me by the Constitu...
(c) Look from time to time into the conditions affecting the practice of the teaching
profession, adopt such measures as m...
compensation the sum of not less than P5.00 for each examinee as may be determined by the
Board but in no case shall each ...
elementary or secondary school, unless he is holder of a Professional Teacher Certificate or is
considered a Professional ...
"(e) A graduate of a school college or university recognized by the government and
possesses the minimum educational quali...
A special permit may also be issued by the Board to a person who has excelled and gained
international recognition and is ...
development. Toward this end, the government shall ensure, within the context of a free and
democratic system, maximum con...
II. THE EDUCATIONAL COMMUNITY
CHAPTER 1
Preliminary Provisions
Section 5. Declaration of Policy and Objectives - It is lik...
c. "Academic non-teaching personnel," or those persons holding some academic
qualifications and performing academic functi...
5. The right to the issuance of official certificates, diplomas, transcript of records, grades,
transfer credentials and o...
4. Teachers shall be accorded the opportunity to choose alternative career lines either in
school administration, in class...
4. Participate actively in civic affairs and in the promotion of the general welfare, particular ly
in the social, economi...
Section 18. Obligations of Academic Non-Teaching Personnel - Academic non-teaching personnel
shall:
1. Improve himself pro...
4. To promote work experiences which develop the child's orientation to the world of work
and creativity and prepare himse...
c. To develop among the clientele of non-formal education proper values and
attitudes necessary for personal, community an...
Section 29. Voluntary Accreditation - The Ministry shall encourage programs of voluntary
accreditation for institution whi...
Section 35. Financial Aid Assistance to Public Secondary Schools - The national government shall
extend financial aid and ...
Section 44. Institutional Funds - The proceeds from tuition fees and other school charges, as well as
other income of scho...
Section 50. Conversion to Educational Foundations - An educational institution may convert itself
into a non-stock, non-pr...
National Scholarship Center and such other agencies as are now or may be established pursuant to
law, and (f) the cultural...
be composed of a Deputy Minister of Education, Culture and Sports designated as Chairman and
four other members to be appo...
1. Collaborate with other agencies in the formulation of manpower plans;
2. Conduct studies, formulate, develop and evalua...
V. MISCELLANEOUS PROVISIONS
CHAPTER 1
PENAL ADMINISTRATIVE SANCTIONS
Section 68. Penalty Clause - Any person upon convicti...
REPUBLIC ACT NO. 4670 June 18, 1966
THE MAGNA CARTA FOR PUBLIC SCHOOL TEACHERS
I. DECLARATION OF POLICY COVERAGE
Sec. 1. D...
examinations shall be made public and every applicant shall be furnished with his score and rank in
said examinations.
Sec...
d. the right to appeal to clearly designated authorities.
No publicity shall be given to any disciplinary action being tak...
(a) they shall compare favorably with those paid in other occupations requiring equivalent or similar
qualifications, trai...
treatment and/or hospitalization is necessary, same shall be provided free by the government entity
paying the salary of t...
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Presidential decree no.ann

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Transcripts - Presidential decree no.ann

  • 1. PRESIDENTIAL DECREE No. 6-A September 29, 1972 AUTHORIZING THE UNDERTAKING OF EDUCATIONAL DEVELOPMENT PROJECTS, PROVIDING FOR THE MECHANICS OF IMPLEMENTATION AND FINANCING THEREOF, AND FOR OTHER PURPOSES I, FERDINAND E. MARCOS, President of the Philippines, by virtue of the powers vested in me by the Constitution as Commander-in-Chief of all the Armed Forces of the Philippines, and pursuant to Proclamation No. 1081 dated September 21, 1972, and General Order No. 1 dated September 22, 1972, do hereby decree, order and make as part of the law of the land the following measures: Section 1. Title. - This Decree shall be known as the "Educational Development Decree of 1972." Section 2. Declaration of Policy. - It is hereby declared to be the policy of the government to ensure, within the context of a free and democratic system maximum contribution of the educational system to the attainment of the following national development goals: (a) To achieve and maintain an accelerating rate of economic development and social progress; (b) To assure the maximum participation of all the people in the attainment and enjoyment of the benefits of such growth; and (c) To strengthen national consciousness and promote desirable cultural values in a changing world. Section 3. Statement of Objectives. - To this end, the educational system aims to: (a) Provide for a broad general education that will assist each individual, in the peculiar ecology of his own society, to (1) attain his potential as a human being; (2) enhance the range and quality of individual and group participation in the basic functions of society; and (3) acquire the essential educational foundation for his development into a productive and versatile citizen: (b) Train the nation's manpower in the middle level skill required for national development; (c) Develop the high-level professions that will provide leadership for the nation, advance knowledge through research, and apply new knowledge for improving the quality of human life; and (d) Respond effectively to changing needs and conditions of the nation through a system of educational planning and evaluation. Section 4. Guiding Principles of the Ten-Year Program. - In order to lay the foundation and to advance the attainment of these objectives, a ten-year national education development program shall be formulated based on the following: (a) Improvement of curricular programs and quality of instruction of all levels by way of upgrading physical faculties, adoption of cost-saving instructional technology, and training and re-training of teachers and administrators;
  • 2. (b) Upgrading of academic standards through accreditation schemes, admissions testing and guidance counselling; (c) Democratization of access to educational opportunities through the provision of financial assistance to deserving students, skills training programs for out-of-school youth and continuing education program for non-literate adults; (d) Restructuring of higher education to become more responsive to national development needs through a planned system of incentives and assistance to both public and private colleges and universities and synchronization of curricular programs, staffing patterns and institutional development activities; (e) Expansion of existing programs and establishment of new ones designed to train middle- level technical and agricultural manpower; and (f) Instituting reform in the educational financing system to facilitate the shift of funding responsibility for elementary and secondary education from the national to the local government, thereby increasing government participation in higher education. Section 5. Educational Development Projects. - The above-stated objectives shall be attained through the undertaking of the following educational development projects: (a) Management study of the Department of Education and Culture and institution of administrative improvements therein; (b) Establishment and/or operation or improvement of secondary schools which may include provision for extension services, facilities and equipment to allow the use of expanded and improved curriculum; (c) Establishment and/or operation, upgrading or improvement of technical institutes, skills training centers, and other non-formal training programs and projects for the out-of-school youth and the unemployed in collaboration with the programs of the National Manpower and Youth Council; (d) Curriculum and staff development including mathematics and science teaching; (e) Expansion of agricultural secondary and higher education programs and extension activities which may include radio broadcasting and rural training services, and the provision of facilities therefor including seed capital and revolving funds; (f) Design, utilization and improvement of instructional technology and development/production of textbooks and other instructional materials; and (g) Assistance and incentives, including loans and grants, toward the planned development and improvement of programs and facilities in both public and private universities, colleges and schools. In addition, other educational development projects necessary pursuant to the objectives of this Decree are likewise to be undertaken: Provided, That for such projects to qualify under this Decree, the same must be consistent with the principles enunciated in Section 4 hereof, supported by sufficient studies, data and plans of operation and implementation, endorsed by the National Board
  • 3. of Education to, and approved by an Education Special Committee, hereinafter provided, to form part of the educational development program. Section 6. Working Arrangements. - For the attainment of the objectives of this Decree, an Education Special Committee, composed of the Secretary of Education and Culture as Chairman and the Secretary of Finance and the Commissioner of the Budget as members, if hereby created which shall: (a) Approve and evaluate the specific projects, endorsed to it by the National Board of Education, to be financed out of the resources provided for in this Decree; and (b) Administer the Educational Institutions Development Fund as hereinafter provided, except that the resources accruing into the Fund shall be managed by reputable fund managers or financial institutions. The National Board of Education, as reorganized pursuant to Presidential Decree No. 1 dated September 24, 1972, shall, in addition to its functions, perform the following: (a) Formulate education objectives and policies consistent with those enunciated in Section 2 hereof; and (b) Provide policy guidelines in the administration of the assistance and incentive programs provided for in Section 5(g) hereof, which shall include a system of educational priorities consistent with national, regional and/or local requirements for education and skills training, and such other procedures and requirements as will ensure the continual upgrading of the quality of education, the rationalization and institutional growth, and the democratization of access to education. In the discharge of its functions, the National Board of Education shall be assisted by an office of planning and research known as Planning Service in the Department of Education and Culture. A project unit to be known as the Educational Development Projects Implementing Task Force is hereby established under the Office of the Secretary of Education and Culture to be headed by a Director and be composed of technical staff members and such consultants as are necessary. Its functions are: (a) To supervise and implement foreign-assisted development projects; and (b) To implement such other development projects as may be assigned to it by the Secretary of Education and Culture. Where the project involves an office, agency or instrumentality of the government other than the Department of Education and Culture, appropriate working arrangements shall be established by the Educational Department Projects Implementing Task Force and the office, agency or instrumentality concerned, including the turn over of the project upon its completion to such office, agency or instrumentality to be integrated with and be part of the regular activities thereof. Section 7. Authority to Borrow. - The President of the Philippines, in behalf of the Republic of the Philippines, may contract loans, credits or indebtedness with any foreign source or lender, under such terms and conditions as may be agreed upon, any provision of law, including Republic Act Numbered Forty-eight hundred and sixty as amended by Republic Act Numbered Sixty-one hundred
  • 4. and forty-two, Act Numbered Forty-two hundred and thirty nine, Commonwealth Act Numbered one hundred thirty-eight, Commonwealth Act Numbered Five Hundred forty-one, Republic Act Numbered Nine hundred twelve, Republic Act Numbered Fifty-one hundred eighty-three, and other related laws to the contrary notwithstanding, for a total amount not exceeding one hundred million United States dollars or the equivalent thereof in other currencies, as may be necessary to meet the direct and indirect foreign exchange requirements of the projects authorized under this Decree, to cover the costs of feasibility studies, equipment, machineries, supplies, construction, installation and related services of any such projects: Provided, That the loans, credit or indebtedness authorized herein shall be incurred on terms of payment of not less that ten (10) years. Section 8. Utilization of Proceeds. - The proceeds of such loans, credits or indebtedness, as well as the appropriations under Section 9 hereof, shall be used exclusively for financing the educational development projects authorized under this Decree: Provided, That for the purpose of ensuring continued assistance to the planned development and improvement of programs and facilities in both public and private universities, colleges and schools, there is hereby authorized to be established an Educational Institutions Development Fund in an amount of not less that ten million pesos ( 10,000,000), Philippine currency, annually for a period of ten (10) years. The said Fund shall be administered as a separate fund, and lending or relending operations to private universities, colleges and schools shall be subject to the rules and regulations to be promulgated by the National Board of Education with the approval of the Secretary of Finance. Cities, provinces and municipalities may undertake educational development projects pursuant to the objectives of this Decree and are hereby authorized to avail themselves of proceeds of loans, credits or indebtedness herein authorized as well as the appropriations under Section 9 hereof and receive financial assistance subject to such conditions as may be provided for and/or promulgated by the National Board of Education pursuant to this Decree. Section 9. Appropriations. - In addition to the proceeds of the loans, credits or indebtedness mentioned in Section 7 hereof, there is hereby appropriated for the projects authorized herein the sum of five hundred million pesos (P500,000,000) out of the funds in the National Treasury not otherwise appropriated which shall be programmed and released in the following manner: fifty million pesos (P50,000,000) for Fiscal Year 1972-73 and fifty million pesos (P50,000,000) annually thereafter until June thirty, nineteen hundred eighty-two: Provided, That notwithstanding the said schedule, releases in a given year shall be adjusted in accordance with the actual requirements of the projects being implemented during the fiscal year: Provided, further, That should there be any surplus in the annual appropriations herein provided, the same shall accrue to the Educational Special Account herein created in the General Fund which shall be made available to finance the projects during the subsequent fiscal years. Section 10. Creation of Educational Special Account. - There is hereby established in the National Treasury an Educational Special Account to meet the appropriations herein provided, which shall be constituted from the following sources: (a) Proceeds form bond issues as provided for under Section 11 of this Decree; (b) Twenty million pesos (P20,000,000) annually from the share of the National Government in the Special Education Fund under Republic Act Numbered Fifty-four hundred forty-seven as provided in Section 12 hereof; (c) Fifteen million pesos (P15,000,000) from the Special Science Fund for Fiscal Year 1972- 73, and fifty percentum (50%), annually thereafter until June 30, 1982, of the total annual
  • 5. receipts from the taxes provided for under Republic Act Numbered Fifty-four hundred and forty-eight, as provided in Section 13 hereof; (d) Future savings of the Department of Education and Culture that may result from the implementation of reforms consequent to management study, as provided in Section 14 hereof; and (e) Augmentations from the General Funds which are hereby authorized in cases where the above sources are not sufficient to cover expenditures required in any year, as provided in Section 15 of this Act. The Department of Education and Culture is hereby authorized to receive and spend or utilize donations and/or bequests made in pursuance of the purposes and for projects enunciated in this Decree which donations and/or bequests shall be exempt from the payment of gift taxes. Section 11. Bond Issues. - The Secretary of Finance may issue and sell bonds not exceeding twenty million pesos annually under the authority of Republic Act Numbered Four thousand eight hundred sixty-one, any provision of law to the contrary, notwithstanding. Section 12. Portions of the Special Education Fund. - Any provision of law to the contrary notwithstanding, effective July 1, 1972, until June 30, 1982, twenty million pesos (P20,000,000) of the annual share of the National Government from the Special Education Fund provided for under Republic Act Numbered Fifty-four hundred and forty-seven shall accrue to the Educational Special Account herein provided. Thereafter, the said share shall accrue to the General Fund. In this connection, the shares of the local governments from the said Fund may be used by them to finance such projects as may be established in their locality under the authority of this Decree regardless of any restriction imposed thereon. Section 13. Portion of Special Science Fund. - Any provision of law to the contrary notwithstanding, effective upon approval of this Decree, fifteen million pesos (P15,000,000) of the Special Science Fund established under Republic Act Numbered fifty-four-hundred and forty-eight as amended as hereby transferred to the Educational Special Account herein provided. Starting July 1,1972, until June 30, 1982, fifty per centum (50%) of the total collections from the taxes imposed under Republic Act Numbered fifty-four hundred and forty-eight as amended shall accrued to the Educational Special Account. Thereafter, said portion shall accrue to the General Fund. Section 14. Future Savings. - Such amount of savings resulting from the implementation of reforms consequent to the management study authorized under Section 5 as may be necessary to prosecute the projects under this Decree shall accrue to the Educational Special Account. Section 15. Augmentation from General Fund. - In cases where funds from sources specified in Section 10 (a), (b), (c) and (d) are not sufficient to meet the requirements in any fiscal year, such amounts as are necessary to meet such requirements are hereby appropriated out of the funds in the General Funds not otherwise appropriated, and transferred to the Educational Special Account. Section 16. TaxExemption. - The loans, credits or indebtedness incurred pursuant to this Decree, the payment of the principal, interests and other charges thereon, the earnings of the fund created under Section 8, as well as the importation of articles, materials, equipment, machineries and supplies, including all building materials by the Department of Education and Culture or other offices, agencies or instrumentalities of the government and by private or chartered entities authorized by Education Special Committee to undertake the projects authorized in this Act shall be exempt from
  • 6. all taxes, duties, fees, imposts, other charges and restrictions, including import restrictions, imposed by the Republic of the Philippines or any of its agencies or political subdivisions. The Secretary of Finance shall promulgate rules and regulations necessary for the purpose. Section 17. Additional Appropriations. - There is hereby authorized to be appropriated, out of any funds in the National Treasury not otherwise appropriated, such sums as may be necessary to pay the principal, interests and other charges on the loans, credits or indebtedness incurred under the authority of this Decree as and when they become due. Section 18. Repealing Clause. - All laws, executive orders, rules or regulations or parts thereof which are inconsistent with this Decree are hereby repealed and/or modified accordingly. Section 19. Effectivity. - This Decree shall take effect immediately. PRESIDENTIAL DECREE NO 1006 PROVIDING FOR THE PROFESSIONALIZATION OF TEACHERS, REGULATING THEIR PRACTICE IN THE PHILIPPINES AND FOR OTHER PURPOSES WHEREAS, the Constitution provides that "All educational institutions shall be under the supervision of; and subject to regulation by, the State", and requires that "the State shall establish and maintain a complete, adequate and integrated system of education relevant to the goals of national development"; WHEREAS, in the pursuit on these objectives, the Department of Education and Culture has adopted ways and means of overseeing all the educational institutions in the country; WHEREAS, this supervisory function of the DEC has been primarily beamed towards insuring that the educational institutions inculcate in the studentry love of the country, teach the duties of citizenship, and develop moral character, personal discipline, and scientific, technological and vocational efficiency; WHEREAS, to implement these objectives, the institutions have relied upon their teachers whose direct and continuing interaction with the young people and the children make them potent forces for the development of proper attitudes among the citizenry; WHEREAS, this accounts for the tremendous growth of the teaching population, comprising in the civil service sector alone more than 300,000 teachers deployed all over the country; WHEREAS, to insure that in the immediacy and urgency of teacher recruitment qualitative requirements are not overlooked, it has become necessary to regulate the teaching profession; WHEREAS, although teaching requires a number of years of collegiate study, it is the only course that it is not yet considered a profession; WHEREAS, in recognition of the vital role of teachers in nation-building and as an incentive to raise the morale of teachers, it is imperative that they be considered as professionals and teaching be recognized as a profession.
  • 7. NOW, THEREFORE, I, FERDINAND E. MARCOS, President of the Philippines, by virtue of the powers vested in me by the Constitution, do hereby decree and order: Section 1. Title. This Decree shall be known as the Decree Professionalizing Teaching. Section 2. Declaration of Policy. It is hereby declared a policy that teacher education shall be given primary concern and attention by the government and shall be of the highest quality, and strongly oriented to Philippine conditions and to the needs and aspirations of the Filipino people even as it seeks enrichment from adoptable ideas and practices of other people. Section 3. Definition of Terms. As used in this Decree, the following shall be construed as follows: (a) Teaching refers to the profession primarily concerned with the classroom instruction, at the elementary and secondary levels, in accordance with the curriculum prescribed by National Board of Education, whether on part-time or full-time basis in the public or private schools. (b) Teachers refers to all persons engaged in teaching at the elementary and secondary levels, whether on a full-time or part-time basis, including guidance counselors, school librarians, industrial arts or vocational teachers and all other persons performing supervisory and/or administrative functions in all schools in the aforesaid levels and legally qualified to practice teaching under this Decree. (c)Board refers to the National Board for Teachers duly constituted under this Decree. Section 4. Creation of the National Board for Teachers. There is hereby created a National Board for Teachers, hereinafter called the Board, to be composed of the following: 1) Secretary of Education and Culture Co-Chairman 2) Chairman, Civil Service Commission 3) Commissioner, Professional Regulations Commission Member4) Two members representing the private sector to be appointed by the President Section 5. Powers and Duties. The Board shall have the following powers and duties: (a) Appoint a set of examiners for every examination who will determine and prepare the contents of the Board examination for teachers, hereinafter referred to as examination, in the elementary and secondary levels of instruction, to be held at least once a year; (b) Determine and fix the places and dates of examination, appoint supervisors and room examiners from among the employees of the Government who shall be entitled to a daily allowance to be fixed by the Board for every examination day actually attended, use the buildings and facilities of public and private schools for examination purposes, approve applications to take examination, and approve the release of examination results;
  • 8. (c) Look from time to time into the conditions affecting the practice of the teaching profession, adopt such measures as may be deemed proper for the enhancement of said profession, and/or maintenance of the professional standards and ethics; (d) Issue, suspend, revoke, replace or reissue Professional Teachers Certificate, and administer oaths; (e) Appoint, subject to the provisions of existing laws, such officials and employees as are necessary in the effective performance of its functions and responsibilities, prescribe their duties and fix their compensation; (f) Prescribe and collect examination and other fees as it may deem proper; and (g) Promulgate rules and regulations, and exercise such other powers, functions and duties as may be necessary to carry into effect the purposes of this Decree. Section 6. Qualification requirements for examination applicants. No applicant shall be admitted to take the examination unless, on the date of filing of the application, he shall have complied with the following requirements: (a) Except those who have been engaged in teaching as herein defined for at least five years in schools in the Philippines not organized exclusively for nationals of a foreign country at the time of the effectivity of this Decree, the applicant must be a citizen of the Philippines; (b) That he is of good moral character; (c) That he is free from any physical and/or mental defect which will incapacitate him to render efficient service; and (d) That he possesses the following minimum educational qualifications: 1) For teachers in the kindergarten and elementary grades, Bachelor's degree in Elementary Education (B.S.E.Ed.) or its equivalent; 2) For teachers of the secondary schools, Bachelor's degree in Education or its equivalent with a major and minor, or a Bachelor's degree in Arts or Sciences with at least eighteen units in professional education; and 3) For teachers of secondary vocational and two-year technical courses, Bachelor's degree in the field of specialization with at least eighteen units in professional education. All applications shall be filed with an office or offices designated by the Board, preferably the offices of the Civil Service Commission and the Department of Education and Culture. These offices shall screen and approve such applications and issue the corresponding permits to take the examination to qualify applicants. Section 7. Appointment of examiners. The Board shall appoint a set of examiners for every examination who are recognized authority in teacher education, and their names shall not be disclosed until after the release of the results of the examination. They shall each receive as
  • 9. compensation the sum of not less than P5.00 for each examinee as may be determined by the Board but in no case shall each examiner receive more than P18,000 per examination. Any examiner who is in the service of the Government shall receive the compensation herein provided in addition to his salary. Section 8. Scope of the examination. The examination shall consist of written tests, the scope of which shall be determined by the Board, taking into consideration the teaching plan of the schools legally constituted in the Philippines. Section 9. Ratings in the examination. In order that a candidate may be deemed to have successfully passed the examinations, he must have obtained a general average of at least 70 per cent in all subjects, with no rating below 50 per cent in any subject. Section 10. Report of the results of examination. The examiners shall report the ratings obtained by each candidate to the Board within 150 days after the last day of the examination, unless extended by the latter. Section 11. Issuance of Certificates. Teachers who have passed examinations given by the Civil Service Commission or jointly by the Civil Service Commission and the Department of Education and Culture shall be considered as having passed the board examinations for teachers. The Board may consider their certificates of rating as certificates of eligibility or issue an entirely new certificate upon registration of the teacher and payment of the corresponding fees. This provision shall likewise apply to those teachers who have permanent appointment under the Magna Carta For Public School Teachers and all others who may be qualified for registration as professional teachers under this Decree. Section 12. Registration. The Civil Service Commission shall, as an arm of the Board, register holders of Professional Teacher Certificate which registration shall evidence that the registrant is entitled to all the rights and privileges of a Professional Teacher until and unless the certificate is suspended or canceled by the Board for just cause. Section 13. Reissuance of revoked certificates and replacement of lost certificates. The Board may, for reason of equity and justice, and upon proper application therefor, issue another copy, original or duplicate, upon payment of the required fee, of a certificate which has been revoked. A new certificate to replace a lost, destroyed or mutilated certificate may be issued subject to the rules of the Board. Section 14. Registration by reciprocity. The Civil Service Commission shall, upon approval of the Board, effect the registration, without examination, of a teacher validly registered under the laws of any foreign state or country; Provided, That the requirements for registration in said foreign state or country are substantially the same as those required and contemplated by this Decree, and the laws of such foreign state or country allow citizens of the Philippines to practice the profession on the same basis and grant the same privileges as the citizens or subjects of such foreign state or country; Provided finally, That the applicant shall submit competent and conclusive documentary evidence, confirmed by the Department of Foreign Affairs, showing that his country's existing laws permit citizens of the Philippines to practice teaching profession under the rules and regulations governing citizens thereof. Section 15. Prohibition. Three years after the effectivity of this Decree, no person shall engage in teaching and/or act as a teacher as defined in this Decree, whether in the public or private
  • 10. elementary or secondary school, unless he is holder of a Professional Teacher Certificate or is considered a Professional Teacher under this Decree. Section 16. Penal Provision. Any person who shall practice the teaching without a valid Professional Teacher Certificate, or any person presenting as his or her own the certificate of another, or any person giving any false or forged evidence in order to obtain a Professional Teacher Certificate or admission to an examination, or any person assuming himself as a registered professional teacher or any person violating any provision of this Decree shall be penalized by a fine of not less than One Thousand Pesos nor more than Five Thousand Pesos with subsidiary imprisonment or to suffer an imprisonment of not less than six months nor more than two years, or both such fine and imprisonment at the discretion of the Court. Section 17. Repealing Clause. All Acts, Decrees, Executive Orders, Administrative Orders, rules and regulations or parts thereof inconsistent with the provisions of this Decree are hereby repealed or modified accordingly. Section 18. Separability Clause. In case any provision of this Decree or any portion thereof is declared unconstitutional by a competent court, other provisions shall not be affected thereby. Section 19. Effectivity. This Decree shall take effect January 1, 1977. Republic of the Philippines Congress of the Philippines Metro Manila Twelfth Congress Third Regular Session Begun and held in Metro Manila, on Monday, the twenty-eight day of July, two thousand and three. Republic Act No. 9293 April 21, 2004 AN ACT AMENDING CERTAIN SECTIONS OF REPUBLIC ACT NUMBERED SEVENTY-EIGHT HUNDRED AND THIRTY-SIX (R. A. NO. 7836), OTHERWISE KNOWN AS THE "PHILIPPINE TEACHERS PROFESSIONALIZATION ACT OF 1994" Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembled: Section 1. Section 15, (e) (3) of Republic Act No. 7836 is hereby amended as follows: "Sec. 15. Qualification Requirements of Applicant. – No applicant shall be admitted to take the examination unless, on the date of filing of the application, he shall have complied with the following requirements:
  • 11. "(e) A graduate of a school college or university recognized by the government and possesses the minimum educational qualifications, as follows: (1) For teachers in preschool, a bachelor's degree in early childhood education (BECED) or its equivalent; (2) For teachers in the secondary grades, a bachelor's degree in elementary education (BSEED) or its equivalent; (3) For teachers in the secondary grades, a bachelor's degree in education or its equivalent with a major and minor, or a bachelor degree in arts and sciences with at least eighteen (18) units in professional education; and (4) For teachers of vocational and two-year technical courses, a bachelor’s degree in the field of specialization or its equivalent, with at least eighteen (18) units in professional education," Section 2. Section 26 of the same Act is hereby amended to read as follows: "Sec 26. Registration and Exception. - No person shall engage in teaching and/or act as a professional teacher as defined in this Act. whether in the preschool, elementary or secondary level, unless the person is a duly registered professional teacher, and a holder of a valid certificate of registration and a valid professional license or a holder of a valid special/temporary permit. Upon approval of the application and payment of the prescribed fees, the certificate of registration and professional license as a professional teacher shall be issued without examination as acquired in this Act to a qualified applicant, who is: (a) A holder of a certificate of eligibility as a teacher issued by the Civil Service Commission and the Department of Education, Culture and Sports; or (b) A registered professional teacher with the National Board for Teachers under the Department of Education, Culture and Sports (DECS) pursuant to Presidential Decree No. 1006. Professional teachers who have not practiced their profession for the past five (5) years shall take at least twelve (12) units of education courses, consisting of a least six (6) units of pedagogy and six (6) units of context courses or the equivalent training and number 1 hours to be chosen from a list of courses to be provided by the Board and the Department of Education, before they can be allowed to practice their profession in the country. Those who have failed the licensure examination for professional teachers, with a rating of not lower than five percentage points from the passing general average rating, shall be eligible as para-teachers upon issuance by the Board of a two-year special permit, renewable for a non-extendible period of two (2) years The para-teachers shall be assigned to areas where there is a shortage or absence of a professional teacher, as identified and provided by the Department of Education and the Autonomous Region for Muslim Mindanao (ARMM) education department to the Board for professional teachers and to the Commission. The special permit shall indicate the area of assignment of the para-teacher.
  • 12. A special permit may also be issued by the Board to a person who has excelled and gained international recognition and is a widely acknowledged expert in his or her respective field of specialization." Section 3. Section 31 of the same Act is hereby amended to read as follows: "Sec. 31. Transitory Provision. – Special permits, with a validity of three (3) and five (5) years. issued to para-teachers by the Board for Professional Teachers before the effectivity of this Act shall be allowed to expire based on the period granted therein: Provided, That only special permits with a validity of three (3) years maybe renewed upon expiration for a non-extendible period of two (2) years." Section 4. References to the term "Department of Education, Culture and Sports", in Section 4 (a) and Section 25, and the term "DECS" in Section 20, of the same Act, are hereby amended to read as "Department of Education" DepEd", respectively. Section 5. Separability Clause. - If, for any reason, any section or provision of this Act or the application of such section in provision to any person in circumstance is declared unconstitutional or invalid, no other section or provision of this Act shall be affected thereby. Section 6. Repealing Clause. - All laws, decrees, circulars, administrative orders, rules and regulations, and other issuances which are inconsistent with the provisions of this Act am hereby repealed or modified accordingly. Section 7. Effectivity. – This Act shall take effect upon approval. BATAS PAMBANSA BLG. 232 September 11, 1982 AN ACT PROVIDING FOR THE ESTABLISHMENT AND MAINTENANCE OF AN INTEGRATED SYSTEM OF EDUCATION I. GENERAL PROVISIONS CHAPTER 1 Preliminary Matters Section 1. Title - This Act shall be known as the "Education Act of 1982." Section 2. Coverage - This Act shall apply to and govern both formal and non-formal systems in public and private schools in all levels of the entire educational system. CHAPTER 2 Declaration of Basic State Policy and Objectives Section 3. Declaration of Basic Policy - It is the policy of the State to established and maintain a complete, adequate and integrated system of education relevant to the goals of national
  • 13. development. Toward this end, the government shall ensure, within the context of a free and democratic system, maximum contribution of the educational system to the attainment of the following national developmental goals: 1. To achieve and maintain an accelerating rate of economic development and social progress; 2. To ensure the maximum participation of all the people in the attainment and enjoyment of the benefits of such growth; and 3. To achieve and strengthen national unity and consciousness and preserve, develop and promote desirable cultural, moral and spiritual values in a changing world. The State shall promote the right of every individual to relevant quality education, regardless of sex, age, creed, socio-economic status, physical and mental conditions, racial or ethnic origin, political or other affiliation. The State shall therefore promote and maintain equality of access to education as well as the enjoyment of the benefits of education by all its citizens. The state shall promote the right of the nation's cultural communities in the exercise of their right to develop themselves within the context of their cultures, customs, traditions, interest and belief, and recognizes education as an instrument for their maximum participation in national development and in ensuring their involvement in achieving national unity. Section 4. Declaration of Objectives - The educational system aim to: 1. Provide for a broad general education that will assist each individuals in the peculiar ecology of his own society, to (a) attain his potentials as a human being; (b) enhance the range and quality of individual and group participation in the basic functions of society; and (c) acquire the essential educational foundation of his development into a productive and versatile citizen; 2. Train the nation's manpower in the middle-level skills for national development; 3. Develop the profession that will provide leadership for the nation in the advancement of knowledge for improving the quality of human life; and 4. Respond effectively to changing needs and conditions of the nation through a system of educational planning and evaluation. Towards the realization of these objectives, and pursuant to the Constitution, all educational institutions shall aim to inculcate love of country, teach the duties of citizenship, and develop moral character, personal discipline, and scientific, technological, and vocational efficiency. Furthermore, the educational system shall reach out to educationally deprived communities, in order to give meaningful reality to their membership in the national society, to enrich their civic participation in the community and national life, and to unify all Filipinos into a free and just nation.
  • 14. II. THE EDUCATIONAL COMMUNITY CHAPTER 1 Preliminary Provisions Section 5. Declaration of Policy and Objectives - It is likewise declared government policy to foster, at all times, a spirit of shared purposes and cooperation among the members and elements of the educational community, and between the community and other sectors of society, in the realization that only in such an atmosphere can be true goals and objectives of education be fulfilled. Moreover, the State shall: 1. Aid and support the natural right and duty of parents in the rearing of the youth through the educational system. 2. Promote and safeguard the welfare and interest of the students by defining their rights and obligations, according them privileges, and encouraging the establishment of sound relationships between them and the other members of the school community. 3. Promote the social economic status of all school personnel, uphold their rights, define their obligations, and improve their living and working conditions and career prospects. 4. Extend support to promote the viability of those institutions through which parents, students and school personnel seek to attain their educational goals. Section 6. Definition and Coverage - "Educational community" refers to those persons or groups of persons as such or associated in institutions involved in organized teaching and learning systems. The members and elements of the educational community are: 1. "Parents" or guardians or the head of the institution or foster home which has custody of the pupil or student. 2. "Students," or those enrolled in and who regularly attend and educational institution of secondary or higher level of a person engaged in formal study. "Pupils," are those who regularly attend a school of elementary level under the supervision and tutelage of a teacher. 3 "School personnel," or all persons working for an educational institution, which includes the following: a. "Teaching or academic staff," or all persons engaged in actual teaching and/or research assignments, either on full-time or part-time basis, in all levels of the educational system. b. "School administrators," or all persons occupying policy implementing positions having to do with the functions of the school in all levels.
  • 15. c. "Academic non-teaching personnel," or those persons holding some academic qualifications and performing academic functions directly supportive of teaching, such as registrars, librarians, research assistants, research aides, and similar staff. d. "Non-academic personnel," or all other school personnel not falling under the definition and coverage of teaching and academic staff, school administrators and academic non-teaching personnel. 4. "Schools," or institutions recognized by the State which undertake educational operations. Section 7. Community Participation. - Every educational institution shall provide for the establishment of appropriate bodies through which the members of the educational community may discuss relevant issues, and communicate information and suggestions for assistance and support of the school and for the promotion of their common interest. Representatives from each subgroup of the educational community shall sit and participate in these bodies, the rules and procedures of which must be approved by them and duly published. CHAPTER 2 Rights Section 8. Rights of Parents - In addition to other rights under existing laws, all parents who have children enrolled in a school have the following rights: 1. The right to organize by themselves and/or with teachers for the purpose of providing a forum for the discussion of matters relating to the total school program, and for ensuring the full cooperation of parents and teachers in the formulation and efficient implementation of such programs. 2. The right to access to any official record directly relating to the children who are under their parental responsibility. Section 9. Right of Students in School - In addition to other rights, and subject to the limitation prescribed by law and regulations, and student and pupils in all schools shall enjoy the following rights: 1. The right to receive, primarily through competent instruction, relevant quality education in line with national goals and conducive to their full development as person with human dignity. 2. The right to freely chose their field of study subject to existing curricula and to continue their course therein up to graduation, except in cases of academic deficiency, or violation of disciplinary regulations. 3. The right to school guidance and counseling services for decisions and selecting the alternatives in fields of work suited to his potentialities. 4. The right of access to his own school records, the confidentiality of which the school shall maintain and preserve.
  • 16. 5. The right to the issuance of official certificates, diplomas, transcript of records, grades, transfer credentials and other similar documents within thirty days from request. 6. The right to publish a student newspaper and similar publications, as well as the right to invite resource persons during assemblies, symposia and other activities of similar nature. 7. The right to free expression of opinions and suggestions, and to effective channels of communication with appropriate academic channels and administrative bodies of the school or institution. 8. The right to form, establish, join and participate in organizations and societies recognized by the school to foster their intellectual, cultural, spiritual and physical growth and development, or to form, establish, join and maintain organizations and societies for purposes not contrary to law. 9. The right to be free from involuntary contributions, except those approved by their own he organizations or societies. Section 10. Rights of all School Personnel - In addition to other rights provided for by law, the following rights shall be enjoyed by all school personnel: 1. The right to free expression of opinion and suggestions, and to effective channels of communication with appropriate academic and administrative bodies of the school or institution. 2. The right to be provided with free legal service by the appropriate government office in the case of public school personnel, and through the school authorities concerned in the case of private school personnel, when charged in an administrative, civil and/or criminal proceedings by parties other than the school or regulatory authorities concerned for actions committed directly in the lawful discharge of professional duties and/or in defense of school policies. 3. The right to establish, join and maintain labor organizations and/or professional and self- regulating organizations of their choice to promote their welfare and defend their interests. 4. The right to be free from involuntary contributions except those imposed by their own organizations. Section 11. Special Rights and/or Privileges of Teaching or Academic Staff - Further to the rights mentioned in the preceding Section, every member of the teaching or academic staff shall enjoy the following rights and/or privileges: 1. The right to be free from compulsory assignments not related to their duties as defined in their appointments or employment contracts, unless compensated therefor, conformably to existing law. 2. The right to intellectual property consistent with applicable laws. 3. Teachers shall be deemed persons in authority when in the discharge of lawful duties and responsibilities, and shall, therefore, be accorded due respect and protection.
  • 17. 4. Teachers shall be accorded the opportunity to choose alternative career lines either in school administration, in classroom teaching, or others, for purposes of career advancement. Section 12. Special Rights of School Administration - School administrators shall, in accordance with existing laws, regulations and policies of the Ministry of Education, Culture and Sports, be accorded sufficient administrative discretion necessary for the efficient and effective performance of their functions. School administrators shall be deemed persons in authority while in the discharge of lawful duties and responsibilities, and shall therefore be accorded due respect and protection. Section 13. Rights of Schools - In addition to other rights provided for by law, schools shall enjoy the following: 1. The right of their governing boards or lawful authorities to provide for the proper governance of the school and to adopt and enforce administrative or management systems. 2. The right for institutions of higher learning to determine on academic grounds who shall be admitted to study, who may teach, and what shall be subjects of the study and research. CHAPTER 3 Duties and Obligations Section 14. Duties of Parents. - In addition to those provided for under existing laws, all parents shall have the following duties and obligations: 1. Parents, individually or collectively, through the school systems, shall help carry out the educational objectives in accordance with national goals. 2. Parents shall be obliged to enable their children to obtain elementary education and shall strive to enable them to obtain secondary and higher education in the pursuance of the right formation of the youth. 3. Parents shall cooperate with the school in the implementation of the school program curricular and co-curricular. Section 15. Duties and Responsibilities of Students - In addition to those provided for under existing laws, every student shall: 1. Exert his utmost to develop his potentialities for service, particularly by undergoing an education suited to his abilities, in order that he may become an asset to his family and to society. 2. Uphold the academic integrity of the school, endeavor to achieve academic excellence and abide by the rules and regulations governing his academic responsibilities and moral integrity. 3. Promote and maintain the peace and tranquility of the school by observing the rules and discipline, and by exerting efforts to attain harmonious relationships with fellow students, the teaching and academic staff and other school personnel.
  • 18. 4. Participate actively in civic affairs and in the promotion of the general welfare, particular ly in the social, economic and cultural development of his community and in the attainment of a just, compassionate and orderly society. 5. Exercise his rights responsibly in the knowledge that he is answerable for any infringement or violation of the public welfare and of the rights of others. Section 16. Teacher's Obligations - Every teacher shall: 1. Perform his duties to the school by discharging his responsibilities in accordance with the philosophy, goals, and objectives of the school. 2. Be accountable for the efficient and effective attainment of specified learning objectives in pursuance of national development goals within the limits of available school resources. 3. Render regular reports on performance of each student and to the latter and the latter's parents and guardians with specific suggestions for improvement. 4. Assume the responsibility to maintain and sustain his professional growth and advancement and maintain professionalism in his behavior at all times. 5. Refrain from making deductions in students' scholastic rating for acts that are clearly not manifestations of poor scholarship. 6. Participate as an agent of constructive social, economic, moral, intellectual, cultural and political change in his school and the community within the context of national policies. Section 17. School Administrators' Obligations - Every school administrator shall: 1. Perform his duties to the school by discharging his responsibilities in accordance with the philosophy, goals and objectives of the school. 2. Be accountable for the efficient and effective administration and management of the school. 3. Develop and maintain a healthy school atmosphere conducive to the promotion and preservation of academic freedom and effective teaching and learning, and to harmonious and progressive school-personnel relationship. 4. Assume and maintain professional behavior in his work and in dealing with students, teachers, academic non-teaching personnel, administrative staff, and parents or guardians. 5. Render adequate reports to teachers, academic non-teaching personnel and non- academic staff on their actual performance in relation to their expected performance and counsel them on ways of improving the same. 6. Observe due process, fairness, promptness, privacy, constructiveness and consistency in disciplining his teachers and other personnel. 7. Maintain adequate records and submit required reports to the Ministry of Education, Culture and Sports.
  • 19. Section 18. Obligations of Academic Non-Teaching Personnel - Academic non-teaching personnel shall: 1. Improve himself professionally be keeping abreast of the latest trends and techniques in his profession. 2. Assume, promote and maintain an atmosphere conducive to service and learning. 3. Promote and maintain an atmosphere conducive to service and learning. III. THE EDUCATIONAL SYSTEMS CHAPTER 1 Formal Education Section 19. Declaration of Policy. - The State recognizes that formal education, or the school system, in society's primary learning system, and therefore the main instrument for the achievement of the country's educational goals and objectives. Section 20. Definition - "Formal Educational" refers to the hierarchically structured and chronologically graded learning organized and provided by the formal school system and for which certification is required in order for the learner to progress through the grades or move to higher levels. Formal education shall correspond to the following levels: 1. Elementary Education. - the first stage of compulsory, formal education primarily concerned with providing basic education and usually corresponding to six or seven grades, including pre-school programs. 2. Secondary Education. - the state of formal education following the elementary level concerned primarily with continuing basic education and expanding it to include the learning of employable gainful skills, usually corresponding to four years of high school. 3. Tertiary Education. - post secondary schooling is higher education leading to a degree in a specific profession or discipline. Section 21. Objectives of Elementary Education - The objectives of elementary education are: 1. To provide the knowledge and develop the skills, attitudes, and values essential to personal development and necessary for living in and contributing to a developing and changing social milieu; 2. To provide learning experiences which increase the child's awareness of and responsiveness to the changes in and just demands of society and to prepare him for constructive and effective involvement; 3. To promote and intensify the child's knowledge of, identification with, and love for the nation and the people to which he belongs; and
  • 20. 4. To promote work experiences which develop the child's orientation to the world of work and creativity and prepare himself to engage in honest and gainful work. Section 22. Objectives of Secondary Education. - The objectives of secondary education are: 1. To continue to promote the objectives of elementary education; and 2. To discover and enhance the different aptitudes and interests of the students so as to equip him with skills for productive endeavor and/or prepare him for tertiary schooling. Section 23. Objective of Tertiary Education. - The objectives of tertiary education are: 1. To provide a general education program that will promote national identity, cultural consciousness, moral integrity and spiritual vigor; 2. To train the nation's manpower in the skills required for national development; 3. To develop the professions that will provide leadership for the nation; and 4. To advance knowledge through research work and apply new knowledge for improving the quality of human life and responding effectively to changing societal needs and conditions. CHAPTER 2 Non-Education and Specialized Educational Services Section 24. Specialized Educational Service - The State further recognizes its responsibility to provide, within the context of the formal education system, services to meet special needs of certain clientele. These specific types, which shall be guided by the basic policies of the State embodied in the General Provisions of this Act, include: 1. "Work Education," or "Practical Arts," as a program of basic education which aims to develop the right attitudes towards work; and "technical-vocational education," post- secondary but non-degree programs leading to one, two, or three year certificates in preparation for a group of middle-level occupations. 2. "Special Education," the education of persons who are physically, mentally, emotionally, socially, or culturally different from the so-called "normal" individuals that they require modification of school practices/services to develop them to their maximum capacity; and 3. "Non-formal Education," any organized school-based educational activities undertaken by the Ministry of Education, Culture and Sports and other agencies aimed at attaining specific learning objectives for a particular clientele, especially the illiterates and the out-of-school youth and adults, distinct from and outside the regular offerings of the formal school system. The objectives of non-formal education are as follows: a. To eradicate illiteracy and raise the level of functional literacy of the population; b. To provide unemployed and underemployed youth and adults with appropriate vocational/technical skills to enable them to become more productive and effective citizens; and
  • 21. c. To develop among the clientele of non-formal education proper values and attitudes necessary for personal, community and national development. CHAPTER 3 Establishment of Schools Section 25. Establishment of Schools - All schools shall be established in accordance with law. The establishment of new national schools and the conversion of existing schools from elementary to national secondary or tertiary schools shall be by law: Provided, That any private school proposed to be established must incorporate as an non-stock educational corporation in accordance with the provisions of the Corporation Code of the Philippines. This requirement to incorporate may be waived in the case of family-administered pre-school institutions. Government assistance to such schools for educational programs shall be used exclusively for that purpose. Section 26. Definition of Terms - The terms used in this Chapter are defined as follows: 1. "Schools" are duly established institutions of learning or educational institutions. 2. "Public Schools" are educational institutions established and administered by the government. 3. "Private Schools" are educational institutions maintained and administered by private individuals or groups. Section 27. Recognition of Schools - The educational operations of schools shall be subject to their prior authorization of the government, and shall be affected by recognition. In the case of government operated schools, whether local, regional, or national, recognition of educational programs and/or operations shall be deemed granted simultaneously with establishment. In all other case the rules and regulations governing recognition shall be prescribed and enforced by the Ministry of Education, Culture and Sports defining therein who are qualified to apply, providing for a permit system, stating the conditions for the grant of recognition and for its cancellation and withdrawal, and providing for related matters. Section 28. Effects of Recognition; Punishable Violations - The issuance of a certificate of recognition to a school shall have the following effects: 1. It transforms the temporary permit to a permanent authority to operate; 2. It entitled the school or college to give the students who have completed the course for which recognition is granted, a certificate, title or diploma; and 3. It shall entitle the students who have graduated from said recognized course or courses to all the benefits and privileges enjoyed by graduates in similar courses of studies in all schools recognized by the government. Operation of schools and educational programs without authorization, and/or operation thereof in violation of the terms of recognition, are hereby declared punishable violations subject to the penalties provided in this Act.
  • 22. Section 29. Voluntary Accreditation - The Ministry shall encourage programs of voluntary accreditation for institution which desire to meet standards of quality over and above minimum required for State recognition. CHAPTER 4 Internal Organization of Schools Section 30. Organization of Schools - Each school shall establish such internal organization as will best enable it to carry out its academic and administrative functions, subject to limitations provided by law. Each school establish such arrangements for the peaceful settlement of disputes between or among the members of the educational community. Section 31. Governing Board - Every government college or university as a tertiary institution and every private school shall have a governing board pursuant to its charter or the Corporation Code of the Philippines, as the case may be. Section 32. Personnel Transactions - The terms and conditions of employment of personnel in government schools shall be governed by the Civil Service, budgetary and compensation laws and rules. In private schools, dispute arising from employer-employee relations shall fall under the jurisdiction of the Ministry of Labor and Employment as provided for by law regulations: Provided, That in view of the special employment status of the teaching and academic non-teaching personnel, and their special roles in the advancement of knowledge, standards set or promulgated jointly by the Ministry of Education, Culture and Sports and by the Ministry of Labor and Employment shall be applied by the Ministry of Labor and Employment: Provided, further, That every private school shall establish and implement an appropriate system within the school for the prompt and orderly settlement of provisions of Articles 262 and 263 of the Labor Code. CHAPTER 5 School Finance and Assistance Section 33. Declaration of Policy - It is hereby declared to be the policy of the State that the national government shall contribute to the financial support of educational programs pursuant to goals of education as declared in the Constitution. Towards this end, the government shall: 1. Adopt measures to broaden access to education through financial assistance and other forms of incentives to schools, teachers, pupils and students; and 2. Encourage and stimulate private support to education through, inter alia, fiscal and other assistance measures. A. FUNDING OF REPUBLIC SCHOOLS Section 34. National Funds - Public school shall continue to be funded from national funds: Provided, That local governments shall be encouraged to assume operation of local public schools on the basis of national fund participation and adequate revenue sources which may be assigned by the national government for the purpose.
  • 23. Section 35. Financial Aid Assistance to Public Secondary Schools - The national government shall extend financial aid and assistance to public secondary schools established and maintained by local governments, including barangay high schools. Section 36. Share of Local Government - Provinces, cities and municipalities and barangays shall appropriate funds in their annual budgets for the operation and maintenance of public secondary schools on the basis of national fund participation. Section 37. Special Education Fund - The proceeds of the Special Education Fund accruing to local governments shall be used exclusively for the purposes enumerated in Section 1 of Republic Act No. 5447, and in accordance with rules and regulations issued by the Ministry of Education, Culture and Sports and the Ministry of the Budget. Said proceeds shall be considered a local fund and shall be subject to Presidential Decrees No. 477, Presidential Decree No. 1375 and other applicable local budget laws and regulations. Section 38. Tuition and other School Fees - Secondary and post-secondary schools may charge tuition and other school fees, in order to improve facilities or to accommodate more students. Section 39. Income from other Sources - Government-supported educational institution may receive grants, legacies, donations and gifts for purposes allowed by existing laws. Furthermore, income generated from production activities and from auxiliary enterprises may be retained and used for schools concerned in accordance with rules and regulations jointly issued consistently with pertinent appropriation and budgetary laws by the Ministry of the Budget, the Ministry of Education, Culture and Sports and the Commission on Audit. B. FUNDING OF PRIVATE SCHOOLS Section 40. Funding of Private Schools - Private schools may be funded from their capital investment or equity contributions, tuition fees and other school charges, grants, loans, subsidies, passive investment income and income from other sources. Section 41. Government Assistance - The government, in recognition of their complementary role in the educational system, may provide aid to the programs of private schools in the form of grants or scholarships, or loans from government financial institutions: Provided, That such programs meet certain defined educational requirements and standards and contribute to the attainment of national development goals. Section 42. Tuition and Other Fees - Each private school shall determine its rate of tuition and other school fees or charges. The rates and charges adopted by schools pursuant to this provision shall be collectible, and their application or use authorized, subject to rules and regulations promulgated by the Ministry of Education, Culture and Sports. Section 43. Income from Other Sources - Any private school duly recognized by the government, may receive any grant and legacy, donation, gift, bequest or devise from any individual, institution, corporation, foundation, trust of philanthropic organization, or research institution or organization as may be authorized by law. Furthermore, private schools are authorized to engage in any auxiliary enterprise to generate income primarily to finance their educational operations and/or to reduce the need to increase students' fees.
  • 24. Section 44. Institutional Funds - The proceeds from tuition fees and other school charges, as well as other income of schools, shall be treated as institutional funds. Schools may pool their institutional funds, in whole or in part, under joint management for the purpose of generating additional financial resources. C. INCENTIVES TO EDUCATION Section 45. Declaration of Policy - It is the policy of the State in the pursuit of its national education development goals to provide an incentive program to encourage the participation of the community in the development of the educational sector. Section 46. Relating to School Property - Real property, such as lands, buildings and other improvements thereon used actually, directly and exclusively for educational purposes shall be subject to the real property tax based on an assessment of fifteen per cent of the market value of such property: Provided, That all the proceeds from the payment thereof shall accrue to a special private education fund which shall be managed and disbursed by a local private school board which shall be constituted in each municipality or chartered city with private educational institutions with the mayor or his representative as chairman and not more than two representatives of the institutional taxpayers, and, likewise, not more than two residents of the municipality or chartered city who are alumni of any of the institutional taxpayers as members: Provided, further, That fifty percent of the additional one percent tax on real estate property provided for under Republic Act 5447, shall accrue to the special private education fund: Provided, finally, That in municipalities or chartered cities wherein the number of private institutions with individual enrollment of pupils and students over five thousand exceeds fifteen, the members of the private school board shall be increased to not more than fourteen members determined proportionately by the Minister of Education, Culture and Sports. The private school board shall adopt its own rules which shall enable it to finance the annual programs and projects of each institutional taxpayer for the following purposes; student-pupil scholarships; improvement of instructional, including laboratory, facilities and/or equipment; library books and periodicals acquisition; and extension service in the community, in that order of priority. Section 47. Relating to Gifts or Donations to Schools - All gifts or donation in favor of any school, college or university recognized by the Government shall not be subject to tax; Provided, That such gifts or donations shall be for improvement of classrooms and laboratory of library facilities, and shall not inure to the benefit of any officer, director, official, or owner or owners of the school, or paid out as salary, adjustments or allowance of any form or nature whatsoever, except in support of faculty and/or professorial chairs. Section 48. Relating to Earnings from Established Scholarship Funds - All earnings from the investment of any duly established scholarship fund of any school recognized by the government, constituted from gifts to the school, and/or from contributions or other resources assigned to said fund by the school, if said earnings are actually used to fund additional scholarship grants to financially deserving students shall be exempt from tax until the scholarship fund is fully liquidated, when the outstanding balance thereof shall be subject to tax. Section 49. School Dispersal Program - All gains realized from the sale, disposition or transfer of property, real or personal, of any duly established private school, college or university, in pursuance of a school dispersal program of the government or of the educational institution as approved by the government, shall be considered exempt from tax if the total proceeds of the sale are reinvested in a new or existing duly established school, college, or university located in the dispersal site, within one (1) year from the date of such sale, transfer or disposition; otherwise, all taxes due on the gains realized from the transaction shall immediately become due and payable.
  • 25. Section 50. Conversion to Educational Foundations - An educational institution may convert itself into a non-stock, non-profit educational foundation, in accordance with the implementing rules to be issued jointly by the Ministry of Education, Culture and Sports and the Ministry of Finance. In the case of stock corporations, if for any reason its corporate existence as an educational institution ceases and is not renewed, all its net assets after liquidation of the liabilities and other obligations may be conveyed and transferred to any non-profit educational institution or successor non-profit educational institution or to be used in such manner as in the judgment of said court will best accomplish the general purposes for which the dissolved organization was organized, or to the State. D. ASSISTANCE TO STUDENTS Section 51. Government Assistance to Students - The government shall provide financial assistance to financially disadvantaged and deserving students. Such assistance may be in the form of State scholarships, grants-in-aid, assistance from the Educational Loan Fund, or subsidized tuition rates in State colleges and universities. All the above and similar assistance programs shall provide for reserve quotas for financially needed but academically qualified students from the national cultural communities. Section 52. Grant of Scholarship Pursuant to Existing Laws - Educational institutions shall be encouraged to grant scholarships to students pursuant to the provisions of existing laws and such scholarship measures as may hereafter be provided for by law. Section 53. Assistance from the Private Sector - The private sector, especially educational institutions, business and industry, shall be encouraged to grant financial assistance to students, especially those undertaking research in the fields of science and technology or in such projects as may be necessary within the context of national development. IV. THE MINISTRY OF EDUCATION, CULTURE AND SPORTS CHAPTER 1 GENERAL PROVISIONS Section 54. Declaration of Policy - The administration of the education system and, pursuant to the provisions of the Constitution, the supervision and regulation of educational institutions are hereby vested in the Ministry of Education, Culture and Sports, without prejudice to the provisions of the charter of any state college and university. Section 55. Organization - The Ministry shall be headed by the Minister of Education, Culture and Sports who shall be assisted by one or more Deputy Ministers. The organization of the Ministry shall consist of (a) the Ministry Proper composed of the immediate Office of the Minister, and the Services of the Ministry, (b) the Board of Higher Education, which is hereby established, (c) the Bureau of Elementary Education, the Bureau of Secondary Education, the Bureau of Higher Education, the Bureau of Technical and Vocational Education, and the Bureau of Continuing Education, which are hereby established, (d) Regional offices and field offices, (e) the
  • 26. National Scholarship Center and such other agencies as are now or may be established pursuant to law, and (f) the cultural agencies, namely: the National Library, the National Historical Institute, the National Museum, and the Institute of National Language. Such of the above offices as are created or authorized to be established under this provision, shall be organized and staffed and shall function, subject to the approval of the President, upon recommendation of the Minister of Education, Culture and Sports in consultation with the Presidential Commission on Reorganization. Section 56. The National Board of Education is hereby abolished, and its appropriations, personnel, records, and equipment are hereby transferred to the Office of the Minister of Education, Culture and Sports. Section 57. Functions and Powers of the Ministry - The Ministry shall: 1. Formulate general education objectives and policies, and adopt long-range educational plans; 2. Plan, develop and implement programs and projects in education and culture; 3. Promulgate rules and regulations necessary for the administration, supervision and regulation of the educational system in accordance with declared policy; 4. Set up general objectives for the school system; 5. Coordinate the activities and functions of the school system and the various cultural agencies under it; 6. Coordinate and work with agencies concerned with the educational and cultural development of the national cultural communities; and 7. Recommend and study legislation proposed for adoption. Section 58. Report to the Batasang Pambansa. - The Minister of Education, Culture and Sports shall make an annual report to the Batasang Pambansa on the implementation of the national basic education plan, the current condition of the education programs, the adequacy or deficiency of the appropriations and status of expenditures, the impact of education on the different regions, the growth of enrollment, the adequacy of academic facilities, the concentration of low income groups, or the supply of teaching and non-teaching personnel, with such comments and appropriate recommendations thirty (30) days before the opening of its regular session. CHAPTER 2 BOARD OF HIGHER EDUCATION Section 59. Declaration of Policy - Higher education will be granted towards the provision of better quality education, the development of middle and high-level manpower, and the intensification of research and extension services. The main thrust of higher education is to achieve equity, efficiency, and high quality in the institutions of higher learning both public and private, so that together they will provide a complete set of program offerings that meet both national and regional development needs. Section 60. Organization of the Board of Higher Education - The Board of Higher Education is reconstituted as an advisory body to the Minister of Education, Culture and Sports. The Board shall
  • 27. be composed of a Deputy Minister of Education, Culture and Sports designated as Chairman and four other members to be appointed by the President of the Philippines upon nomination by the Minister of Education, Culture and Sports for a term of four years. The four members shall have distinguished themselves in the field of higher education and development either in the public or private sector. In the initial appointment of the non-exofficio members, the first appointee shall serve for a term of four years; the second for a term of three years; the third for a term of two years; and the fourth for a term of one year. The Director of the Bureau of Higher Education shall participate in the deliberation of the Board but without the right to vote. The Bureau of Higher Education shall provide the Board with the necessary technical and staff support: Provided, That the Board may create technical panels of experts in the various disciplines as the need arises. Section 61. Function of the Board of Higher Education. - The Board shall: 1. Make policy recommendations regarding the planning and management of the integrated system of higher education and the continuing evaluation thereof. 2. Recommend to the Minister of Education, Culture and Sports steps to improve the governance of the various components of the higher education system at national and regional levels. 3. Assist the Minister of Education, Culture and Sports in making recommendation relatives to the generation of resources and their allocation for higher education. CHAPTER 3 THE BUREAUS Section 62. Bureau of Elementary Education - The Bureau shall perform the following functions: 1. Conduct studies and formulate, develop, and evaluate programs and educational standards for elementary education; 2. Undertake studies necessary for the preparation of prototype curricular designs, instructional materials, and teacher training programs for elementary education; and 3. Formulate guidelines to improve elementary school physical plants and equipment, and general management of these schools. Section 63. Bureau of Secondary Education - The Bureau shall perform the following functions: 1. Conduct studies and formulate, develop and evaluate programs and educational standards for secondary education; 2. Develop curricular designs, prepare instructional materials, and prepare and evaluate programs to update the quality of the teaching and non-teaching staff at the secondary level; 3. Formulate guidelines to improve the secondary school physical plants and equipment, and general management of these schools. Section 64. Bureau of Technical and Vocational Education. - The Bureau shall perform the following:
  • 28. 1. Collaborate with other agencies in the formulation of manpower plans; 2. Conduct studies, formulate, develop and evaluate post-secondary vocational-technical programs and recommend educational standards for these programs; 3. Develop curricular designs and prepare instructional materials, prepare and evaluate programs to upgrade the quality of teaching and non-teaching staff, and formulate guidelines to improve the physical plant and equipment of post-secondary vocational-technical schools. Section 65. Bureau of Higher Education - The Bureau of higher Education shall perform the following functions: 1. Develop, formulate and evaluate programs, projects and educational standards for a higher education; 2. Provide staff assistance to the Board of Higher Education in its policy formulation and advisory functions; 3. Provide technical assistance to encourage institutional development programs and projects; 4. Compile, analyze and evaluate data on higher education; and 5. Perform other functions provided for by law. Section 66. Bureau of Continuing Education - As the main implementing arm of the non-formal education programs of the Ministry, the Bureau shall provide learning programs or activities that shall: 1. Serve as a means of meeting the learning needs of those unable to avail themselves of the educational services and programs of formal education; 2. Provide opportunities for the acquisition of skills necessary to enhance and ensure continuing employability, efficiency, productivity, and competitiveness in the labor market; 3. Serve as a means for expanding access to educational opportunities to citizens of varied interests, demographic characteristics and socio-economic origins or status. CHAPTER 4 REGIONAL OFFICES Section 67. Functions - A regional office shall: 1. Formulate the regional plan of education based on the national plan of the Ministry taking into account the specific needs and special traditions of the region; 2. Implement education laws, policies, plans, programs, rules and regulations of the Ministry or agency in the regional area; 3. Provide economical, efficient and effective education services to the people in the area.
  • 29. V. MISCELLANEOUS PROVISIONS CHAPTER 1 PENAL ADMINISTRATIVE SANCTIONS Section 68. Penalty Clause - Any person upon conviction for an act in violation of Section 28, Chapter 3, Title III above, shall be punished with a fine of not less than two thousand pesos (P2,000.00) nor more than ten thousand pesos (P10,000.00) or imprisonment for a maximum period of two (2) years, or both, in the discretion of the court. If the act is committed by a school corporation, the school head together with the person or persons responsible for the offense or violation shall be equally liable. Section 69. Administrative Sanction - The Minister of Education, Culture and Sports may prescribe and impose such administrative sanction as he may deem reasonable and appropriate in the implementing rules and regulations promulgated pursuant to this Act for any of the following causes: 1. Mismanagement of school operations; 2. Gross inefficiency of the teaching or non-teaching personnel; 3. Fraud or deceit committed in connection with the application for Ministry permit or recognition; 4. Failure to comply with conditions or obligations prescribed by this Code or its implementing rules and regulations; and 5. Unauthorized operation of a school or course, or any component thereof, or any violation of the requirement governing advertisements or announcements of educational institutions. Sanctions against the schools shall be without prejudice to the interest of the students, teacher s and employees. CHAPTER 2 ADMINISTRATIVE PROVISIONS Section 70. Rule-making Authority - The Minister Education, Culture and Sports charged with the administration and enforcement of this Act, shall promulgate the necessary implementing rules and regulations. Section 71. Separability Provision - Any part or provision of this Act which may held invalid or unconstitutional shall not affect its remaining parts of provisions. Section 72. Repealing Clause - All laws or parts thereof inconsistent with any provision of this Act shall be deemed repealed or modified, as the case may be. Section 73. Effectivity - This Act shall take effect upon its approval.
  • 30. REPUBLIC ACT NO. 4670 June 18, 1966 THE MAGNA CARTA FOR PUBLIC SCHOOL TEACHERS I. DECLARATION OF POLICY COVERAGE Sec. 1. Declaration of Policy. It is hereby declared to be the policy of this Act to promote and improve the social and economic status of public school teachers, their living and working conditions, their terms of employment and career prospects in order that they may compare favorably with existing opportunities in other walks of life, attract and retain in the teaching profession more people with the proper qualifications, it being recognized that advance in education depends on the qualifications and ability of the teaching staff and that education is an essential factor in the economic growth of the nation as a productive investment of vital importance. Sec. 2. Title Definition. This Act shall be known as the "Magna Carta for Public School Teachers" and shall apply to all public school teachers except those in the professorial staff of state colleges and universities. As used in this Act, the term "teacher" shall mean all persons engaged in classroom teaching, in any level of instruction, on full-time basis, including guidance counselors, school librarians, industrial arts or vocational instructors, and all other persons performing supervisory and/or administrative functions in all schools, colleges and universities operated by the Government or its political subdivisions; but shall not include school nurses, school physicians, school dentists, and other school employees. II. RECRUITMENT AND CAREER Sec. 3. Recruitment and Qualification. Recruitment policy with respect to the selection and appointment of teachers shall be clearly defined by the Department of Education: Provided, however, That effective upon the approval of this Act, the following shall constitute the minimum educational qualifications for teacher-applicants: (a) For teachers in the kindergarten and elementary grades, Bachelor's degree in Elementary Education (B.S.E.ED.); (b) For teachers of the secondary schools, Bachelor's degree in Education or its equivalent with a major and a minor; or a Bachelor's degree in Arts or Science with at least eighteen professional units in Education. (c) For teachers of secondary vocational and two years technical courses, Bachelor's degree in the field of specialization with at least eighteen professional units in education; (d) For teachers of courses on the collegiate level, other than vocational, master's degree with a specific area of specialization; Provided, further, That in the absence of applicants who possess the minimum educational qualifications as hereinabove provided, the school superintendentmay appoint, under a temporary status, applicants who do not meet the minimum qualifications: Provided, further, That should teacher-applicants, whether they possess the minimum educational qualifications or not, be required to take competitive examinations, preference in making appointments shall be in the order of their respective ranks in said competitive examinations: And provided, finally, That the results of the
  • 31. examinations shall be made public and every applicant shall be furnished with his score and rank in said examinations. Sec. 4. Probationary Period. When recruitment takes place after adequate training and professional preparation in any school recognized by the Government, no probationary period preceding regular appointment shall be imposed if the teacher possesses the appropriate civil service eligibility: Provided, however, That where, due to the exigencies of the service, it is necessary to employ as teacher a person who possesses the minimum educational qualifications herein above set forth but lacks the appropriate civil service eligibility, such person shall be appointed on a provisional status and shall undergo a period of probation for not less than one year from and after the date of his provisional appointment. Sec. 5. Tenure of Office. Stability on employment and security of tenure shall be assured the teachers as provided under existing laws. Subject to the provisions of Section three hereof, teachers appointed on a provisional status for lack of necessary civil service eligibility shall be extended permanent appointment for the position he is holding after having rendered at least ten years of continuous, efficient and faithful service in such position. Sec. 6. Consent for Transfer Transportation Expenses. Except for cause and as herein otherwise provided, no teacher shall be transferred without his consent from one station to another. Where the exigencies of the service require the transfer of a teacher from one station to another, such transfer may be effected by the school superintendent who shall previously notify the teacher concerned of the transfer and the reason or reasons therefor. If the teacher believes there is no justification for the transfer, he may appeal his case to the Director of Public Schools or the Director of Vocational Education, as the case may be. Pending his appeal and the decision thereon, his transfer shall be held in abeyance: Provided, however, That no transfers whatever shall be made three months before any local or national election. Necessary transfer expenses of the teacher and his family shall be paid for by the Government if his transfer is finally approved. Sec. 7. Code of Professional Conduct for Teachers. Within six months from the approval of this Act, the Secretary of Education shall formulate and prepare a Code of Professional Conduct for Public School Teachers. A copy of the Code shall be furnished each teacher: Provided, however, That where this is not possible by reason of inadequate fiscal resources of the Department of Education, at least three copies of the same Code shall be deposited with the office of the school principal or head teacher where they may be accessible for use by the teachers. Sec. 8. Safeguards in Disciplinary Procedure. Every teacher shall enjoy equitable safeguards at each stage of any disciplinary procedure and shall have: a. the right to be informed, in writing, of the charges; b. the right to full access to the evidence in the case; c. the right to defend himself and to be defended by a representative of his choice and/or by his organization, adequate time being given to the teacher for the preparation of his defense; and
  • 32. d. the right to appeal to clearly designated authorities. No publicity shall be given to any disciplinary action being taken against a teacher during the pendency of his case. Sec. 9. Administrative Charges. Administrative charges against a teacher shall be heard initially by a committee composed of the corresponding School Superintendent of the Division or a duly authorized representative who should at least have the rank of a division supervisor, where the teacher belongs, as chairman, a representative of the local or, in its absence, any existing provincial or national teacher's organization and a supervisor of the Division, the last two to be designated by the Director of Public Schools. The committee shall submit its findings and recommendations to the Director of Public Schools within thirty days from the termination of the hearings:Provided, however, That where the school superintendent is the complainant or an interested party, all the members of the committee shall be appointed by the Secretary of Education. Sec. 10. No Discrimination. There shall be no discrimination whatsoever in entrance to the teaching profession, or during its exercise, or in the termination of services, based on other than professional consideration. Sec. 11. Married Teachers. Whenever possible, the proper authorities shall take all steps to enable married couples, both of whom are public school teachers, to be employed in the same locality. Sec. 12. Academic Freedom. Teachers shall enjoy academic freedom in the discharge of their professional duties, particularly with regard to teaching and classroom methods. III. HOURS OF WORK AND REMUNERATION Sec. 13. Teaching Hours. Any teacher engaged in actual classroom instruction shall not be required to render more than six hours of actual classroom teaching a day, which shall be so scheduled as to give him time for the preparation and correction of exercises and other work incidental to his normal teaching duties: Provided,however, That where the exigencies of the service so require, any teacher may be required to render more than six hours but not exceeding eight hours of actual classroom teaching a day upon payment of additional compensation at the same rate as his regular remuneration plus at least twenty-five per cent of his basic pay. Sec. 14. Additional Compensation. Notwithstanding any provision of existing law to the contrary, co- curricula and out of school activities and any other activities outside of what is defined as normal duties of any teacher shall be paid an additional compensation of at least twenty-five per cent of his regular remuneration after the teacher has completed at least six hours of actual classroom teaching a day. In the case of other teachers or school officials not engaged in actual classroom instruction, any work performed in excess of eight hours a day shall be paid an additional compensation of at least twenty-five per cent of their regular remuneration. The agencies utilizing the services of teachers shall pay the additional compensation required under this section. Education authorities shall refuse to allow the rendition of services of teachers for other government agencies without the assurance that the teachers shall be paid the remuneration provided for under this section. Sec. 15. Criteria for Salaries. Teacher's salaries shall correspond to the following criteria:
  • 33. (a) they shall compare favorably with those paid in other occupations requiring equivalent or similar qualifications, training and abilities; (b) they shall be such as to insure teachers a reasonable standard of life for themselves and their families; and (c) they shall be properly graded so as to recognize the fact that certain positions require higher qualifications and greater responsibility than others: Provided, however, That the general salary scale shall be such that the relation between the lowest and highest salaries paid in the profession will be of reasonable order. Narrowing of the salary scale shall be achieved by raising the lower end of the salary scales relative to the upper end. Sec. 16. Salary Scale. Salary scales of teachers shall provide for a gradual progression from a minimum to a maximum salary by means of regular increments, granted automatically after three years: Provided, That the efficiency rating of the teacher concerned is at least satisfactory. The progression from the minimum to the maximum of the salary scale shall not extend over a period of ten years. Sec. 17. Equality in Salary Scales. The salary scales of teachers whose salaries are appropriated by a city, municipal, municipal district, or provincial government, shall not be less than those provided for teachers of the National Government. Sec. 18. Cost of Living Allowance. Teacher's salaries shall, at the very least, keep pace with the rise in the cost of living by the payment of a cost-of-living allowance which shall automatically follow changes in a cost-of-living index. The Secretary of Education shall, in consultation with the proper government entities, recommend to Congress, at least annually, the appropriation of the necessary funds for the cost-of-living allowances of teachers employed by the National Government. The determination of the cost-of-living allowances by the Secretary of Education shall, upon approval of the President of the Philippines, be binding on the city, municipal or provincial government, for the purposes of calculating the cost-of-living allowances of teachers under its employ. Sec. 19. Special Hardship Allowances. In areas in which teachers are exposed to hardship such as difficulty in commuting to the place of work or other hazards peculiar to the place of employment, as determined by the Secretary of Education, they shall be compensated special hardship allowances equivalent to at least twenty-five per cent of their monthly salary. Sec. 20. Salaries to be Paid in Legal Tender. Salaries of teachers shall be paid in legal tender of the Philippines or its equivalent in checks or treasury warrants. Provided, however, That such checks or treasury warrants shall be cashable in any national, provincial, city or municipal treasurer's office or any banking institutions operating under the laws of the Republic of the Philippines. Sec. 21. Deductions Prohibited. No person shall make any deduction whatsoever from the salaries of teachers except under specific authority of law authorizing such deductions: Provided, however, That upon written authority executed by the teacher concerned, (1) lawful dues and fees owing to the Philippine Public School Teachers Association, and (2) premiums properly due on insurance policies, shall be considered deductible. IV. HEALTH MEASURES AND INJURY BENEFITS Sec. 22. Medical Examination and Treatment. Compulsory medical examination shall be provided free of charge for all teachers before they take up teaching, and shall be repeated not less than once a year during the teacher's professional life. Where medical examination show that medical
  • 34. treatment and/or hospitalization is necessary, same shall be provided free by the government entity paying the salary of the teachers. In regions where there is scarcity of medical facilities, teachers may obtain elsewhere the necessary medical care with the right to be reimbursed for their traveling expenses by the government entity concerned in the first paragraph of this Section. Sec. 23. Compensation For Injuries. Teachers shall be protected against the consequences of employment injuries in accordance with existing laws. The effects of the physical and nervous strain on the teacher's health shall be recognized as a compensable occupational disease in accordance with existing laws. V. LEAVE AND RETIREMENT BENEFITS Sec. 24. Study Leave. In addition to the leave privileges now enjoyed by teachers in the public schools, they shall be entitled to study leave not exceeding one school year after seven years of service. Such leave shall be granted in accordance with a schedule set by the Department of Education. During the period of such leave, the teachers shall be entitled to at least sixty per cent of their monthly salary: Provided, however, That no teacher shall be allowed to accumulate more than one year study leave, unless he needs an additional semester to finish his thesis for a graduate study in education or allied courses: Provided, further, That no compensation shall be due the teacher after the first year of such leave. In all cases, the study leave period shall be counted for seniority and pension purposes. The compensation allowed for one year study leave as herein provided shall be subject to the condition that the teacher takes the regular study load and passes at least seventy-five per cent of his courses. Study leave of more than one year may be permitted by the Secretary of Education but without compensation. Sec. 25. Indefinite Leave. An indefinite sick leave of absence shall be granted to teachers when the nature of the illness demands a long treatment that will exceed one year at the least. Sec. 26. Salary Increase upon Retirement. Public school teachers having fulfilled the age and service requirements of the applicable retirement laws shall be given one range salary raise upon retirement, which shall be the basis of the computation of the lump sum of the retirement pay and the monthly benefits thereafter. VI. TEACHER'S ORGANIZATION Sec. 27. Freedom to Organize. Public school teachers shall have the right to freely and without previous authorization both to establish and to join organizations of their choosing, whether local or national to further and defend their interests. Sec. 28. Discrimination Against Teachers Prohibited. The rights established in the immediately preceding Section shall be exercised without any interference or coercion. It shall be unlawful for any person to commit any acts of discrimination against teachers which are calculated to (a) make the employment of a teacher subject to the condition that he shall not join an organization, or shall relinquish membership in an organization, (b) to cause the dismissal of or otherwise prejudice a teacher by reason of his membership in an organization or because of participation in organization activities outside school hours, or with the

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