Batas Pambansa 232

Tomas Claudio Memorial CollegeMorong, Rizal

The Law and the School

Maria Jovylyn M. TanMAED Student

BATAS PAMBANSA BLG. 232

An Act Providing for the Establishment and Maintenance of an Integrated

System of Education

I. General ProvisionsChapter I : 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 bothformal and non-formal systems in public andprivate schools in all levels of the entireeducational system.

I. General Provisions

Chapter II : Declaration of Basic State Policy and Objectives

Section 3. Declaration of Basic Policy

It is the policy of the State toestablish and maintain a complete,adequate and integrated system ofeducation relevant to the goals ofnational development.

Chapter II : Declaration of Basic State Policyand Objectives

Section 3. Declaration of Basic Policy

1. To achieve and maintain an acceleratingrate of economic development and socialprogress;

2. To ensure the maximum participation ofall the people in the attainment and enjoyment ofthe benefits of such growth; and3. To achieve and strengthen national unityand consciousness and preserve, develop andpromote desirable cultural, moral and spiritualvalues in a changing world.

The State shall promote the right of everyindividual to relevant quality education,regardless of sex, age, creed, socio-economicstatus, physical and mental conditions, racial orethnic origin, political or other affiliation. TheState shall therefore promote and maintainequality of access to education as well as theenjoyment of the benefits of education by all itscitizens.

Section 4. Declaration of Objectives

The educational system aims to:

1. Provide for a broad general education that willassist each individuals in the peculiar ecology ofhis own society,2. Train the nation's manpower in the middle-level skills for national development;

3. Develop the profession that will provideleadership for the nation in the advancement ofknowledge for improving the quality of humanlife; and

4. Respond effectively to changing needsand conditions of the nation through a system ofeducational planning and evaluation.

Chapter II : Declaration of Basic State Policyand Objectives

Towards the realization of these objectives,and pursuant to the Constitution, all educational

institutions shall aim to inculcate love ofcountry, teach the duties of citizenship, anddevelop moral character, personaldiscipline, and scientific, technological,and vocational efficiency.

II. The Educational Community

Chapter I : Preliminary Provision

Section 5. Declaration of Policy and

ObjectivesIt is likewise declared government policy tofoster, at all times, a spirit of shared purposes andcooperation among the members and elements ofthe educational community, and between thecommunity and other sectors of society, in therealization that only in such an atmosphere canbe true goals and objectives of education befulfilled.

ObjectivesMoreover, the State shall:

1. Aid and support the natural right andduty of parents in the rearing of the youththrough the educational system.

2. Promote and safeguard the welfare andinterest of the students by defining their rightsand obligations, according them privileges, andencouraging the establishment of soundrelationships between them and the othermembers of the school community.

ObjectivesMoreover, the State shall:

3. Promote the social economic status of allschool personnel, uphold their rights, define theirobligations, and improve their living andworking conditions and career prospects.

4. Extend support to promote the viability ofthose institutions through which parents,students and school personnel seek to attain theireducational goals.

Section 6. Definition and Coverage

"Educational community" refers to thosepersons or groups of persons as such orassociated in institutions involved in organizedteaching and learning systems.

Section 6. Definition and CoverageThe members and elements of the

educational community are:

1. "Parents" or guardians or the head of theinstitution or foster home which has custody ofthe pupil or student.

2. "Students," or those enrolled in and whoregularly attend an educational institution ofsecondary or higher level or a person engaged informal study. "Pupils," are those who regularlyattend a school of elementary level under thesupervision and tutelage of a teacher.

Section 6. Definition and CoverageThe members and elements of the

educational community are:

3 "School personnel," or all personsworking for an educational institution, whichincludes the following:

a. "Teaching or academic staff," or allpersons engaged in actual teaching either onfull-time or part-time basis, in all levels ofthe educational system.

Chapter I : Preliminary ProvisionSection 6. Definition and Coverage

b. "School administrators," or all personsoccupying policy implementing positions

having to do with the functions of the schoolin all levels.

c. "Academic non-teaching personnel," orthose persons holding some academicqualifications and performing academicfunctions directly supportive of teaching,such as registrars, librarians, researchassistants, research aides, and similar staff.

Chapter I : Preliminary ProvisionSection 6. Definition and Coverage

The members and elements of theeducational community are:

d. "Non-academic personnel," or all otherschool personnel not falling under thedefinition and coverage of teaching andacademic staff, school administrators andacademic non-teaching personnel.

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

Chapter I : Preliminary ProvisionSection 7. Community Participation

Every educational institution shall provide for

the establishment of appropriate bodiesthrough which the members of theeducational community may discussrelevant issues, and communicateinformation and suggestions for assistanceand support of the school and for thepromotion of their common interest.

Chapter 2 : Rights

Section 8. Rights of Parents

In addition to other rights under existinglaws, all parents who have children enrolledin a school have the following rights:

1. The right to organize by themselvesand/or with teachers for the purpose ofproviding a forum for the discussion ofmatters relating to the total schoolprogram.

Chapter 2 : Rights

Section 8. Rights of Parents

2. The right to access to any official recorddirectly relating to the children who areunder their parental responsibility.

Section 9. Rights of Students in School

In addition to other rights, and subject to thelimitation prescribed by law and regulations,and student and pupils in all schools shallenjoy the following rights:

Chapter 2 : Rights

1. The right to receive, primarily throughcompetent instruction, relevant qualityeducation in line with national goals andconducive to their full development asperson with human dignity.2. The right to freely choose their field ofstudy subject to existing curricula and tocontinue their course therein up tograduation, except in cases of academicdeficiency, or violation of disciplinaryregulations.

Chapter 2 : Rights

3. The right to school guidance andcounseling services for decisions andselecting the alternatives in fields of worksuited to his potentialities.4. The right of access to his own schoolrecords, the confidentiality of which theschool shall maintain and preserve.

5. The right to the issuance of officialcertificates, diplomas, transcript of records,grades, transfer credentials and other similardocuments within thirty days from request.

Chapter 2 : Rights

6. The right to publish a student newspaperand similar publications, as well as the rightto invite resource persons during assemblies,symposia and other activities of similarnature.7. The right to free expression of opinionsand suggestions, and to effective channels ofcommunication with appropriate academicchannels and administrative bodies of theschool or institution.

Chapter 2 : Rights

8. The right to form, establish, join andparticipate in organizations and societiesrecognized by the school to foster theirintellectual, cultural, spiritual and physicalgrowth and development, or to form,establish, join and maintain organizationsand societies for purposes not contrary tolaw.9. The right to be free from involuntarycontributions, except those approved by theirown organizations or societies.

Chapter 2 : Rights

In addition to other rights provided for bylaw, the following rights shall be enjoyed byall school personnel:

1. The right to free expression of opinionand suggestions, and to effective channelsof communication with appropriateacademic and administrative bodies of theschool or institution.

Section 10. Rights of all School Personnel

Chapter 2 : Rights

2. The right to establish, join and maintainlabor organizations and/or professional andself-regulating organizations of their choice topromote their welfare and defend theirinterests.

3. The right to be free from involuntarycontributions except those imposed by theirown organizations.

Section 10. Rights of all School Personnel

Chapter 2 : Rights

Section 11. Special Rights and/or Privileges of Teaching or Academic Staff

1. The right to be free from compulsoryassignments not related to their dutiesas defined in their appointments oremployment contracts, unless compensatedtherefor, conformably to existing law.

2. The right to intellectual property consistentwith applicable laws.

Chapter 2 : Rights

Section 11. Special Rights and/or Privileges of Teaching or Academic Staff

3. Teachers shall be deemed persons inauthority when in the discharge of lawfulduties and responsibilities, and shall,therefore, be accorded due respect andprotection.4. Teachers shall be accorded the opportunityto choose alternative career lines either inschool administration, in classroom teaching,or others, for purposes of career advancement.

Chapter 2 : Rights

School administrators shall, in accordancewith existing laws, regulations and policies ofthe Ministry of Education, Culture and Sports,be accorded sufficient administrativediscretion necessary for the efficient andeffective performance of their functions.

Section 12. Special Rights of SchoolAdministration

School administrators shall be deemedpersons in authority while in the discharge oflawful duties and responsibilities, and shalltherefore be accorded due respect andprotection.

Chapter 2 : Rights

In addition to other rights provided for bylaw, schools shall enjoy the following:

Section 13. Rights of School

1. The right of their governing boards orlawful authorities to provide for the propergovernance of the school and to adopt andenforce administrative or managementsystems.2. The right for institutions of higher learningto determine on academic grounds who shallbe admitted to study, who may teach, andwhat shall be subjects of the study andresearch.

Chapter 3 : Duties and Obligations

Section 14. Duties of Parents

In addition to those provided for underexisting laws, all parents shall have thefollowing duties and obligations:

1. Parents shall help carry out theeducational objectives in accordance withnational goals.

Section 14. Duties of Parents

2. Parents shall be obliged to enable theirchildren to obtain elementary education andshall strive to enable them to obtainsecondary and higher education in thepursuance of the right formation of theyouth.3. Parents shall cooperate with theschool in the implementation of the

school program curricular and co-curricular.

Section 15. Duties and Responsibilities of Student

In addition to those provided for underexisting laws, every student shall:

1. Exert his utmost to develop hispotentialities for service, particularly byundergoing an education suited to hisabilities, in order that he may become anasset to his family and to society.

Section 15. Duties and Responsibilities of Students

2. Uphold the academic integrity of theschool, endeavor to achieve academicexcellence and abide by the rules andregulations governing his academicresponsibilities and moral integrity.3. Promote and maintain the peace andtranquility of the school by observing therules and discipline…

Section 15. Duties and Responsibilities of Students

4. Participate actively in civic affairs and inthe promotion of the general welfare

5. Exercise his rights responsibly in theknowledge that he is answerable for anyinfringement or violation of the publicwelfare and of the rights of others.

Section 16. Teacher’s Obligations

Every teacher shall:

1. Perform his duties to the school bydischarging his responsibilities in accordancewith the philosophy, goals, and objectives ofthe school.2. Be accountable for the efficient andeffective attainment of specified learningobjectives

3. Render regular reports on performance ofeach student and to the latter and the latter'sparents and guardians with specificsuggestions for improvement.

4. Assume the responsibility to maintain andsustain his professional growth andadvancement and maintain professionalismin his behavior at all times.

5. Refrain from making deductions instudents' scholastic rating for acts thatare clearly not manifestations of poorscholarship.

6. Participate as an agent of constructivesocial, economic, moral, intellectual, culturaland political change in his school and thecommunity within the context of nationalpolicies.

Section 17. School Administrators’ Obligations

1. Perform his duties to the school bydischarging his responsibilities in accordancewith the philosophy, goals and objectives ofthe school.2. Be accountable for the efficient andeffective administration and management ofthe school.

Every school administrator shall:

3. Develop and maintain a healthy schoolatmosphere conducive to the promotion andpreservation of academic freedom andeffective teaching and learning, and toharmonious and progressive school-personnel relationship.4. Assume and maintain professionalbehavior in his work and in dealing with

students, teachers, academic non-teachingpersonnel, administrative staff, and parentsor guardians.

5. Render adequate reports to teachers,

academic non-teaching personnel and non-academic staff on their actual performanceand counsel them on ways of improving thesame.6. Observe due process, fairness, promptness,privacy, constructiveness and consistency indisciplining his teachers and other personnel.

7. Maintain adequate records and submitrequired reports to the Ministry of Education,Culture and Sports.

Section 18. Obligations of Academic Non-Teaching Personnel

Academic non-teaching personnel shall:

1. Improve himself professionally be keepingabreast of the latest trends and techniques inhis profession.

2. Assume, promote and maintain anatmosphere conducive to service andlearning.3. Promote and maintain an atmosphereconducive to service and learning.

III. The Educational System

Section 19. Declaration of Policy

The State recognizes that formal education, orthe school system, in society's primarylearning system, and therefore the maininstrument for the achievement of thecountry's educational goals and objectives.

Chapter 1: Formal Education

Section 20. Definition

"Formal Educational" refers to thehierarchically structured and chronologicallygraded learning organized and provided bythe formal school system and for whichcertification is required in order for thelearner to progress through the grades or moveto higher levels. Formal education shallcorrespond to the following levels:1. Elementary Education.

2. Secondary Education

3. Tertiary Education.

Section 21. Objectives of ElementaryEducation

The objectives of elementary education are:

1. To provide the knowledge and develop theskills, attitudes, and values essential topersonal development and necessary forliving in and contributing to a developingand changing social milieu;

2. To provide learning experiences whichincrease the child's awareness of andresponsiveness to the changes and justdemands of society and to prepare him forconstructive and effective involvement;

Section 21. Objectives of ElementaryEducation

The objectives of elementary education are:

3. To promote and intensify the child'sknowledge of, identification with, and lovefor the nation and the people to which hebelongs; and4. To promote work experiences whichdevelop the child's orientation to the worldof work and creativity and prepare himself toengage in honest and gainful work.

Section 22. Objectives of SecondaryEducation

The objectives of secondary education are:

1. To continue to promote the objectives ofelementary education; and

2. To discover and enhance the differentaptitudes and interests of the students so asto equip him with skills for productiveendeavor and/or prepare him for tertiaryschooling.

Section 23. Objectives of TertiaryEducation

The objectives of tertiary education are:

1. To provide a general education programthat will promote national identity, culturalconsciousness, moral integrity and spiritualvigor;2. To train the nation's manpower in theskills required for national development;

3. To develop the professions that will provide leadership for the nation; and

Section 23. Objectives of TertiaryEducation

The objectives of tertiary education are:

4. To advance knowledge through researchwork and apply new knowledge forimproving the quality of human life andresponding effectively to changing societalneeds and conditions.

1. "Work Education," or "Practical Arts," as aprogram of basic education which aims todevelop the right attitudes towards work; and"technical-vocational education," post-secondary but non-degree programs leadingto one, two, or three year certificates inpreparation for a group of middle-leveloccupations.

Chapter 2: Non Formal Education andSpecialized Educational

ServicesSection 24. Specialized Educational Service

2. "Special Education," the education ofpersons who are physically, mentally,emotionally, socially, or culturally differentfrom the so-called "normal" individuals thatthey require modification of schoolpractices/services to develop them to theirmaximum capacity; and

3. "Non-formal Education," any organizedschool-based educational activitiesundertaken by the Ministry of Education,Culture and Sports and other agencies aimedat attaining specific learning objectives for aparticular clientele, especially the illiteratesand the out-of-school youth and adults,distinct from and outside the regularofferings of the formal school system.

The objectives of non-formal education are asfollows:

Section 24. Specialized Educational Service

a. To eradicate illiteracy and raise the levelof functional literacy of the population;

b. To provide unemployed andunderemployed youth and adults withappropriate vocational/technical skills toenable them to become more productiveand effective citizens; andc. To develop among the clientele of non-formal education proper values andattitudes necessary for personal,community and national development.

All schools shall be established in accordancewith law. The establishment of new nationalschools and the conversion of existing schoolsfrom elementary to national secondary ortertiary schools shall be by law:

Chapter 3: Establishment of Schools

Section 25. Establishment of Schools

Government assistance to such schools foreducational programs shall be usedexclusively for that purpose.

Section 25. Establishment of Schools

Section 26. Definition of Terms- The terms used in this Chapter are definedas follows:

1. "Schools" are duly established institutionsof learning or educational institutions.

2. "Public Schools" are educationalinstitutions established and administered bythe government.

3. "Private Schools" are educationalinstitutions maintained and administered byprivate individuals or groups.

Section 26. Definition of Terms

- The educational operations of schools shallbe subject to their prior authorization of thegovernment, and shall be affected byrecognition.

Section 27. Recognition of Schools

The issuance of a certificate of recognition to aschool shall have the following effects:

Section 28. Effects of Recognition; PunishableViolations

1. It transforms the temporary permit to apermanent authority to operate;

2. It entitled the school or college to give thestudents who have completed the course forwhich recognition is granted, a certificate,title or diploma; and

Section 28. Effects of Recognition; PunishableViolations

3. It shall entitle the students who havegraduated from said recognized course orcourses to all the benefits and privilegesenjoyed by graduates in similar courses ofstudies in all schools recognized by thegovernment.

Operation of schools and educational programswithout authorization, and/or operation thereofin violation of the terms of recognition, arehereby declared punishable violations subjectto the penalties provided in this Act.

Section 29. Voluntary Accreditation

The Ministry shall encourage programs ofvoluntary accreditation for institution whichdesire to meet standards of quality over andabove minimum required for Staterecognition.

Chapter 4: Internal Organization of Schools

Section 30. Organization of Schools

Each school shall establish such internalorganization as will best enable it to carry outits academic and administrative functions,subject to limitations provided by law.

Each school establish such arrangementsfor the peaceful settlement of disputesbetween or among the members of theeducational community.

Section 31. Governing Board

Every government college or university as atertiary institution and every private schoolshall have a governing board pursuant to itscharter or the Corporation Code of thePhilippines, as the case may be.

Section 32. Personnel Transactions

The terms and conditions of employment ofpersonnel in government schools shall begoverned by the Civil Service, budgetary andcompensation laws and rules.

Chapter 5: School Finance and Assistance

It is hereby declared to be the policy of theState that the national government shallcontribute to the financial support ofeducational programs pursuant to goals ofeducation as declared in the Constitution.Towards this end, the government shall:

1. Adopt measures to broaden access toeducation through financial assistance andother forms of incentives to schools, teachers,pupils and students; and

2. Encourage and stimulate private support toeducation through, inter alia, fiscal and otherassistance measures.

A. Funding of Republic Schools

Public school shall continue to be funded fromnational funds:

Section 34. National Funds

The national government shall extend financialaid and assistance to public secondary schoolsestablished and maintained by localgovernments, including barangay highschools.

Section 35. Financial Aid Assistance to PublicSecondary Schools

Provinces, cities and municipalities andbarangays shall appropriate funds in theirannual budgets for the operation andmaintenance of public secondary schools onthe basis of national fund participation.

Section 36. Share of Local Government

The proceeds of the Special Education Fundaccruing to local governments shall be usedexclusively for the purposes enumerated inSection 1 of Republic Act No. 5447, and inaccordance with rules and regulations issuedby the Ministry of Education, Culture andSports and the Ministry of the Budget. Saidproceeds shall be considered a local fund andshall be subject to Presidential Decrees No. 477,Presidential Decree No. 1375 and otherapplicable local budget laws and regulations.

Section 37. Special Education Fund

Secondary and post-secondary schoolsmay charge tuition and other school fees,in order to improve facilities or toaccommodate more students.

Section 38. Tuition and other School Fees

Section 39. Income from other SourcesGovernment-supported educational institutionmay receive grants, legacies, donations andgifts for purposes allowed by existing laws.

B. Funding of Private Schools

Private schools may be funded from theircapital investment or equity contributions,tuition fees and other school charges, grants,loans, subsidies, passive investment incomeand income from other sources.

Section 40. Funding of Private Schools

The government, in recognition of theircomplementary role in the educational system,may provide aid to the programs of privateschools in the form of grants or scholarships,or loans from government financialinstitutions: Provided, That such programsmeet certain defined educational requirementsand standards and contribute to the attainmentof national development goals.

Section 41. Government Assistance

Each private school shall determine its rate oftuition and other school fees or charges. Therates and charges adopted by schools pursuantto this provision shall be collectible, and theirapplication or use authorized, subject to rulesand regulations promulgated by the Ministryof Education, Culture and Sports.

Section 42. Tuition and Other Fees

Any private school duly recognized by thegovernment, may receive any grant andlegacy, donation, gift, bequest or devise fromany individual, institution, corporation,foundation, trust of philanthropicorganization, or research institution ororganization as may be authorized by law.

Section 43. Income from Other Sources

Furthermore, private schools areauthorized to engage in any auxiliaryenterprise to generate income primarilyto finance their educational operationsand/or to reduce the need to increasestudents' fees.

Section 43. Income from Other Sources

The proceeds from tuition fees and otherschool charges, as well as other incomeof schools, shall be treated asinstitutional funds.

Section 44. Institutional Funds

C. Incentives to Education

It is the policy of the State in the pursuit of itsnational education development goals toprovide an incentive program to encourage theparticipation of the community in thedevelopment of the educational sector.

Real property, such as lands, buildingsand other improvements thereon usedactually, directly and exclusively foreducational purposes shall be subject tothe real property tax based on anassessment of fifteen per cent of themarket value of such property.

Section 46. Relating to School Property

All gifts or donation in favor of any school,college or university recognized by theGovernment shall not be subject to tax; Provided,That such gifts or donations shall be forimprovement of classrooms and laboratory oflibrary facilities.

Section 47. Relating to Gifts or Donations to Schools

All earnings from the investment of any dulyestablished scholarship fund of any schoolrecognized by the government, constituted fromgifts to the school, and/or from contributions orother resources assigned to said fund by theschool, if said earnings are actually used to fundadditional scholarship grants to financiallydeserving students shall be exempt from tax untilthe scholarship fund is fully liquidated

Section 48. Relating to Earnings from EstablishedScholarship Funds

All gains realized from the sale, disposition ortransfer of property, real or personal, of anyduly established private school, college oruniversity, in pursuance of a school dispersalprogram of the government or of theeducational institution as approved by thegovernment, shall be considered exemptfrom tax

Section 49. School Dispersal Program

An educational institution may convertitself into a non-stock, non-profiteducational foundation, in accordance withthe implementing rules to be issued jointlyby the Ministry of Education, Culture andSports and the Ministry of Finance.

Section 50. Conversion to Educational Foundations

D. Assistance to Students

The government shall provide financialassistance to financially disadvantaged anddeserving students. Such assistance may bein the form of State scholarships, grants-in-aid, assistance from the Educational LoanFund, or subsidized tuition rates in Statecolleges and universities.

Section 51. Government Assistance to Students

Educational institutions shall beencouraged to grant scholarships tostudents pursuant to the provisions ofexisting laws and such scholarshipmeasures as may hereafter be provided forby law.

Section 52. Grant of Scholarship Pursuant toExisting Laws

The private sector, especially educationalinstitutions, business and industry, shall beencouraged to grant financial assistance tostudents, especially those undertaking research inthe fields of science and technology or in suchprojects as may be necessary within the context ofnational development.

Section 53. Assistance from the Private

IV. The Ministry of Education, Culture andSports

The administration of the education system and,pursuant to the provisions of the Constitution, thesupervision and regulation of educationalinstitutions are hereby vested in the Ministry ofEducation, Culture and Sports, without prejudiceto the provisions of the charter of any state collegeand university.

Chapter 1: General Provisions

The Ministry shall be headed by the Minister ofEducation, Culture and Sports who shall beassisted by one or more Deputy Ministers.

Chapter 1: General Provisions

Section 55. Organization

Section 56. Functions and Powers of the Ministry

The Ministry shall:

1. Formulate general education objectives andpolicies, and adopt long-range educational plans;

2. Plan, develop and implement programs andprojects in education and culture;

Chapter 1: General ProvisionsSection 57. Functions and Powers of the Ministry

3. Promulgate rules and regulations necessary forthe administration, supervision and regulation ofthe educational system in accordance withdeclared policy;4. Set up general objectives for the school system;

5. Coordinate the activities and functions of theschool system and the various cultural agenciesunder it;

Chapter 1: General ProvisionsSection 57. Functions and Powers of the Ministry

6. Coordinate and work with agencies concernedwith the educational and cultural development ofthe national cultural communities; and7. Recommend and study legislation proposed foradoption.

Chapter 1: General ProvisionsSection 58. Report to the Batasang Pambansa

The Minister of Education, Culture and Sportsshall make an annual report to the BatasangPambansa, with such comments and appropriaterecommendations thirty (30) days before theopening of its regular session.

Chapter 1: General ProvisionsSection 58. Report to the Batasang Pambansa

The Minister of Education, Culture and Sportsshall make an annual report to the BatasangPambansa, with such comments and appropriaterecommendations thirty (30) days before theopening of its regular session.

Amendmentson

Batas Pambansa Blg. 232

AN ACTAMENDING SECTION 42 OF BATAS PAMBANSABLG. 232, OTHERWISE KNOWN AS THE“EDUCATION ACT OF 1982”, BY IMPOSING ATHREE-YEAR MORATORIUM ON TUITION ANDOTHER SCHOOL FEE INCREASE ON ALLEDUCATlONAL INSTlTUTlONS ANDSTIPULATING THEREAFTER THAT TUlTIONAND OTHER SCHOOL FEE INCREASE SHOULDNOT BE RAISED BEYOND THE CURRENTlNFLATlON RATE OF THE COUNTRY AND FOROTHER PURPOSES

Section 1. Short Title.

This Act shall be known as the “School FeesRegulation Act of 2007”

Section 2. Declaration of Basic Policy.

This Act shall be known as the “School FeesRegulation Act of 2007”

It is the policy of the state to promote qualityeducation that is accessible to all and toestablish, maintain and support a complete,adequate and integrated education systemrelevant to the needs of the Filipino people.

Section 3.

Section 42, Chapter 5 of Batas Pambansa Blg. 232,otherwise known as the “Education Act of 1982“,is hereby amended to read as follows:

Section 42 (A). Tuition and Other Fees .The DEPARTMENT OF EDUCATION (DEPED),COMMISSION ON HIGHER EDUCATION(CHED), TECHNICAL EDUCATION ANDSKILLS AUTHORITY (TESDA) are herebymandated to impose a three-year moratorium onany school fee increase, whether it be tuition,miscellaneous and other school fees on all privateeducational institutions.

THEREAFTER, each private school shall BEALLOWED TO INCREASE THE RATE oftuition and other school fees or charges NOTBEYOND THE CURRENT INFLATION RATEOF THE COUNTRY, AS OFFICIALLYDETERMINED BY THE NATIONALECONOMIC DEVELOPMENT AUTHORITY(NEDA). The rates and charges adopted byschools pursuant to this provision shall becollectible, and their application or useauthorized, subject to rules and regulationspromulgated by the [Ministry] DEPARTMENTof EDUCATION[,] (DEPED) [Culture andSports].

Section 42 (B). Exemptions

A private educational institution may apply foran increase in tuition or other school fees,following existing rules and guidelinesimplemented by the deped, ched and tesda,provided it has posted no net profit or incurredlosses on the year preceding the application forfee increase according to its declaration of assets,income and liabilities, a copy of which should befiled together with the application for exemption.

Section 42 (C). Penalty Clause.

Any educational institution found inviolation of section 42 (a) and section 42 (b) of thisact shall be punished with a fine of not less thanphp 100,000 pesos and not more than php1,000,000 pesos or imprisonment of not more thansix (6) years or both, at the discretion of the court.

Misrepresentation or misdeclaration ofassets, incomes and liabilities shall be prima facieevidence as violating section 42 (a) and section 42(b) of this act.

Section 4.

All words referring to the “Ministry ofEducation, Culture and Sports”, as used in BatasPambansa Blg. 232, are now amended to read as“Department of Education (DepEd)”.

Section 5. Implementing Rules and Regulations

Within 90 days from the date of effectivity ofthis Act, the Department of Education (DepEd), inconsultation with the Commission on HigherEducation (CHED) and Technical Education andSkills Authority (TESDA), shall formulate thenecessary rules and regulations to implement theprovisions of this measure.

Section 6. Repealing Clause

All laws, presidential decrees, executiveorders, rules and regulations or parts thereofwhich are inconsistent with the provisions of thisAct ate hereby repealed or modified accordingly.

Section 7. Separability Clause

If any part or provision of this Act shall beheld unconstitutional or invalid, other provisionshereof which are not affected shall continue to be infull force and effect.

Section 8. Effectivity ClauseThis Act shall take effect fifteen (15) days

after its publication to two (2) newspapers ofgeneral circulation.

Batas Pambansa 232

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