Laws on Tuition Fees

8/12/2019 Laws on Tuition Fees

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REPUBLIC ACT NO. 6728

AN ACT PROVIDING GOVERNMENT ASSISTANCE TO STUDENTS AND TEACHERS IN PRIVATE

EDUCATION, AND APPROPRIATING FUNDS THEREFOR.

Section 1. Title. This Act shall be known as the "Government Assistance To Students and Teachers In

Private Education Act."

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Sec. 2. Declaration of Policy. It is declared policy of the State in conformity with the mandate of the

Constitution, to promote and make quality education accessible to all Filipino citizens. The State also

hereby recognizes the complementary roles of public and private educational institutions in the

educational system and the invaluable contribution that the private schools have made and will make

to education. For these purposes, the State shall provide the mechanisms to improve quality in

private education by maximizing the use of existing resources of private education, recognizing in the

process the government responsibility to provide basic elementary and secondary education as having

priority over its function to provide for higher education. chan robles virtual law library

Sec. 3. Criteria for Assistance. The programs for assistance shall be based on a set of criteria whichshall include, among others, tuition fees charged by the schools, the socio-economic needs of each

region, overall performance of the schools, the academic qualifications and the financial needs of the

students, as well as the geographic spread and size of student population.chan robles virtual law

library

In addition to the foregoing criteria, within such reasonable time as the State Assistance Council may

determine, student grantees under the Private Education Student Financial Assistance Program shall

be enrolled in schools which have accredited programs or are applying for accreditation as

determined by the Federation of Accrediting Agencies of the Philippines, namely: The Philippine

Association of Accredited Schools, Colleges and Universities, the Association of Christian Schools and

Colleges Accrediting Agency, and the Philippine Association of Colleges and Universities Commission

on Accreditation. chan robles virtual law library


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Preference shall be given to students whose family income is not more than thirty six thousand pesos

(P36,000) or such amount as may be determined by the Council, as defined hereinafter.cralaw

For purposes of this Act, programs of assistance to students of private post-secondary education shall

likewise be extended to students of community colleges and students in non-degree programs

including vocational and technical courses. Implementation of the program shall encourage students

to undergo tertiary education in the same region where their families reside. chan robles virtual law

library

The programs of assistance under this Act shall be extended only to students who are citizens of the

Philippines.cralaw

Sec. 4. Forms of Assistance. Assistance to private education shall consist of:

(1) Tuition fee supplements for students in private high schools, including students in vocational and

technical courses;

(2) High School Textbook Assistance Fund: Provided, That students in public schools shall be provided

a comprehensive textbook program under the Secondary Education Development Program

(SEDP); chan robles virtual law library

(3) Expansion of the existing Educational Service Contracting (ESC) Scheme;

(4) The voucher system of the Private Education Student Financial Assistance Program (PESFA); chan

robles virtual law library

(5) Scholarship grants to students graduating as valedictorians and salutatorians from secondaryschools;

(6) Tuition fee supplements to students in private colleges and universities;

(7) Education Loan Fund; and chan robles virtual law library

(8) College Faculty Development Fund.

Sec. 5. Tuition Fee Supplement for Students in Private High School. (1) Financial assistance for

tuition for students in private high schools shall be provided by the government through a voucher

system in the following manner:

(a) For students enrolled in schools charging less than one thousand five hundred pesos (P1,500) per

year in tuition and other fees during school year 1988-1989 or such amount in subsequent years as

may be determined from time to time by the State Assistance Council: The Government shall provide


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them with a voucher equal to two hundred ninety pesos (P290.00): Provided, That the student pays in

the 1989-1990 school year, tuition and other fees equal to the tuition and other fees paid during the

preceding academic year: Provided, further, That the Government shall reimburse the vouchers from

the schools concerned within sixty (60) days from the close of the registration period: Provided,

furthermore, That the student's family resides in the same city or province in which the high school is

located unless the student has been enrolled in that school during the previous academic year.

(b) For students enrolled in schools charging above one thousand five hundred pesos (P1,500) per year

in tuition and other fees during the school year 1988-1989 or such amount in subsequent years as may

be determined from time to time by the State Assistance Council, no assistance for tuition fees shall

be granted by the Government: Provided, however, That the schools concerned may raise their tuition

fees subject to Section 10 hereof. chan robles virtual law library

(2) Assistance under paragraph (1), subparagraphs (a) and (b) shall be granted and tuition fees under

subparagraph (c) may be increased, on the condition that seventy percent (70%) of the amount

subsidized allotted for tuition fee or of the tuition fee increases shall go to the payment of salaries,

wages, allowances and other benefits of teaching and non-teaching personnel except administrators

who are principal stockholders of the school, and may be used to cover increases as provided for in

the collective bargaining agreements existing or in force at the time when this Act is approved and

made effective: Provided, That government subsidies are not used directly for salaries of teachers of

non-secular subjects. At least twenty percent (20%) shall go to the improvement or modernization of

buildings, equipment, libraries, laboratories, gymnasia and similar facilities and to the payment of

other costs of operation. For this purpose, school shall maintain a separate record of accounts for all

assistance received from the government, any tuition fee increase, and the detailed disposition and

use thereof, which record shall be made available for periodic inspection as may be determined by the

State Assistance Council, during business hours, by the faculty, the non-teaching personnel, students

of the school concerned, the Department of Education, Culture and Sports and other concerned

government agencies.chanrobles virtual law library


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Sec. 6. High School Textbook Assistance Fund. There shall be established in the Department of

Education, Culture and Sports (DECS) a High School Textbook Assistance Fund, so that an assistance on

a per student basis shall be given to private schools charging less than one thousand five hundred

pesos (P1,500.00) for 1988-1989 per year, or such amount in subsequent years as may be determined

from time to time by the State Assistance Council, exclusively for the purchase of high school

textbooks, in support of the implementation of the Secondary Education Development Program:

Provided, That such fund shall not be used for the purchase of books that will advance or inhibit

sectarian interest: Provided, further, That such textbooks are included in the list approved by the

Department of Education, Culture and Sports.

Sec. 7. Expansion of the Existing Educational Service Contracting (ESC) Scheme. (a) The Department

of Education, Culture and Sports (DECS) shall continue to enter into contracts with private schools

whereby the Government shall shoulder the tuition and other fees of excess students in public high

schools who shall enroll under this program. It shall settle all outstanding obligations before

contracting new obligations.chan robles virtual law library

(b) The Department shall also enter into contract with private schools in communities where there are

no public high schools, in which case the Department shall shoulder the tuition and other fees of

students who shall enroll in said private schools. The number of such schools assisted by the program

will be increased every year such that all schools in this category will be assisted within four (4) years

from the promulgation of this Act.cralaw

(c) The amount of assistance to be given by the Government under this Section shall not exceed that

determined as the per student cost in public high schools.chan robles virtual law library

(d) The Department shall fully pay the subsidized amount to participating schools not later than the

end of the schoolyear, unless the delay incurred is attributable to the participating schools.cralaw

(e) The amount of assistance shall be allocated and distributed among the fourteen (14) regions in

proportion to the total population as well as the high school age population for the first school year:

Provided, That starting school year 1990, an equalization scheme shall be implemented by the State

Assistance Council.chan robles virtual law library

Sec. 8. Assistance to College Freshmen. (a) The Voucher System of Private Education Student

Financial Assistance (PESFA) Program. The existing Private Education Student Financial Assistance

(PESFA) Program which covers degree and vocational/technical courses shall be expanded so that a


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Sec. 9. Further Assistance To Students in Private Colleges and Universities. Tuition fee supplements

for non-freshmen students of private colleges and universities in priority course programs determined

by the Department of Education, Culture and Sports shall be provided by the government through a

voucher system in the following manner: chan robles virtual law library

(a) For re-enrolling students in priority programs in schools, charging an effective per-unit tuition rate

of eighty pesos (P80) or less per unit or such amount in subsequent years as may be determined by

the State Assistance Council: The Government shall provide the student with a voucher with a value

equivalent to the tuition fee increase: Provided, That all schools in this category shall not be allowed

to raise their fees by more than twelve pesos (P12.00) per unit, for both priority and non-priority

courses; and Provided, That such assistance shall be given only to students who have completed one

academic year by June 1989 in priority programs and shall not apply to future college students and to

current college students who transfer outside of their region.chanrobles virtual law library

(b) For students in schools charging an effective per unit tuition rate of more than eighty pesos (P80)

per unit or such amount in subsequent years as may be determined from time to time by the Senate

Assistance Council: The Government shall provide no assistance, and the schools can determine their

own tuition rates, subject to Section 10 hereof: Provided, That they grant full or half-tuition waivers to

five percent (5%) of all their students.chan robles virtual law library

(c) Schools with accredited programs charging a tuition rate of less than eighty pesos (P80.00) per unit

or such amount in subsequent years as may be determined from time to time by the State Assistance

Council, may continue to determine tuition rates, subject to Section 10 hereof, and non-freshmen

students in their accredited priority courses will be entitled to a voucher equivalent to the tuition

increase as in paragraph (a) hereof.

(d) Government assistance and tuition increases as described in this Section shall be governed by the

same conditions as provided under Section 5 (2).

Sec. 10. Consultation. In any proposed increase in the rate of tuition fee, there shall be appropriate

consultations conducted by the school administration with the duly organized parents and teachers

associations and faculty associations with respect to secondary schools, and with students

governments or councils, alumni and faculty associations with respect to colleges. For this purpose,

audited financial statements shall be made available to authorized representatives of these sectors.

Every effort shall be exerted to reconcile possible differences. In case of disagreement, the alumni

association of the school or any other impartial body of their choosing shall act as arbitrator.


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Sec. 11. Education Loan Fund. (a) "Study Now, Pay Later Plan". There is hereby created a special

fund to be known as the Students' Loan Fund to be administered by the Department of Education,

Culture and Sports, or upon delegation by the Department, by the Student Loan Fund Authority

created under Republic Act No. 6014 which is hereby reinstituted pursuant to the terms of the same

Republic Act which shall be used to finance educational loans to cover matriculation and other school

fees and educational expenses for book, subsistence and board and lodging. chan robles virtual law

library

(b) Amounts covering payments for tuition, matriculation and other school fees shall be paid directly

to the school concerned.

(c) Any loan granted under this Section shall be paid by the student-debtor after he has finished the

course or profession for which the proceeds of the loan was expended, but only after a period of two

(2) years from the time he has acquired an employment: Provided, however, That interest at the rate

of not more than twelve percent per annum shall accrue on the balance thereof.cralaw

(d) Social Security Fund. The Social Security System Fund shall make available low interest educational

loans to its members and to private educational institutions for school buildings and/or improvement

of their plants and facilities. chan robles virtual law library

Sec. 12. Limitation. The right of any student to avail himself of the benefits under this Act shall not

apply:

(a) If he fails for one (1) schoolyear in the majority of the academic subjects in which he has enrolled

during the course of his study unless such failure is due to some valid cause beyond his control;

and chan robles virtual law library

(b) If he enrolls for the first time, or transfers, outside of the region where he is domiciled unless the

course he wants to pursue is a priority course as determined by the Department of Education, Culture

and Sports and is not offered in any private school in his region.chanrobles virtual law library

Sec. 13. College Faculty Development Fund. For the purpose of improving the quality of teaching in

higher education, there is hereby established in Department of Education, Culture and Sports a

College Faculty Development Fund to provide for scholarships for graduate degrees and non-degree

workshops or seminars for faculty members in private colleges and universities: Provided, That faculty

member recipients of such scholarships shall serve three (3) years return service for every year of


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scholarship availed of. The scholarship shall be in priority courses as determined by the Department of

Education, Culture and Sports in coordination with the National Economic Development Authority

(NEDA) and cannot be awarded to promote or inhibit sectarian purposes.chan robles virtual law

library

Sec. 14. Program Administration/Rules and Regulations. The State Assistance Council shall be

responsible for policy guidance and direction, monitoring and evaluation of new and existing

programs, and the promulgation of rules and regulations, while the Department of Education, Culture

and Sports shall be responsible for the day to day administration and program implementation.

Likewise, it may engage the services and support of any qualified government or private entity for its

implementation.chanrobles virtual law library

The State Assistance Council (SAC), hereinafter known as the Council, shall be headed by the Secretary

of Education, Culture and Sports as chairman, with representatives from NEDA, DBM, DOST, and

representatives from duly organized nationwide associations of teachers, students and school

administrators as members. The last three (3) members shall be appointed by the President upon the

recommendation of their respective sectors for a term of four (4) years.cralaw

The Council shall meet, from time to time, as the need arises, to assess the effectivity of the programs

and to ensure that schools, colleges and universities where student recipients are enrolled continue to

provide quality education. For this purpose, the Council shall establish criteria, including accreditation

status, to determine which schools, colleges and universities may continue to enroll students who are

recipients of government assistance under this Act. chan robles virtual law library

Sec. 15. Appropriations. (a) The appropriations of the Department of Education, Culture and Sports

authorized in General Appropriations Act for Fiscal Year 1989, Republic Act No. 6688, for A.7.d

Implementation of programs for secondary education, A.7.e Implementation of programs for higher

education, A.7.g Implementation of free secondary education shall be reduced as far as practicable on

a proportionate basis by region to provide funds for the requirements of this Act in Fiscal Year 1989:

Provided, That savings from any other item of appropriation of the Department of Education, Culture

and Sports may be utilized for the implementation of this Act in Fiscal Year 1989: Provided, further,

That any deficiency shall be taken from any or all of the following sources:

(1) Portions of the coconut levies authorized under Republic Act No. 620 and Presidential Decree No.

1468 and other laws earmarked to finance scholarships for the benefit of deserving children of the

coconut farmers, and the income thereof: Provided, That such funds shall be used exclusively for the


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program of assistance for said children including their books, board and lodging and other allowances

in case these are not provided in a particular program of assistance; chan robles virtual law library

(2) Twenty percent (20%) of the travel tax and airport departure tax collections;

(3) Ten percent (10%) of any funds collected by the Sugar Regulatory Administration or the Philippine

Coconut Authority for students in provinces where they are collected; chan robles virtual law library

(4) Ten percent (10%) of the net income of the Development Bank of the Philippines;

(5) Portions of the Overseas Welfare Fund to benefit the dependents or children of overseas workers;

and

(6) Any other lump sum appropriations or collections under the supervision and control of the Office

of the President.

Provided, finally, That the total amount made available to carry out the purposes of this Act shall not

exceed five hundred million pesos (P500M) for Fiscal Year 1989. chan robles virtual law library

Thereafter, such amount as may be necessary for its continued implementation shall be included in

the annual General Appropriations Act.

(b) The amount of assistance on a per student basis as determined under Section 5(a) and (b) and

Section 9(a) of this Act shall remain the same for the subsequent years unless Congress provides

otherwise. chan robles virtual law library

Sec. 16. Penalties. In case of any violation of the provisions of this Act or the rules and regulations

promulgated pursuant thereto by an institution, the Department of Education, Culture and Sports,

upon the recommendation of the Council, may bar the institution from participating in or benefiting

from the programs of this Act, and from other programs of the Department, without prejudice to

administrative and criminal charges as may be filed against the school and/or its responsible officers

under existing laws.cralaw

Any school who shall refuse, as required under paragraph (1) (c) of Section 5, Section 8 (b) and Section

9 (b), to furnish copies of their audited financial statements to concerned sectors with whom they are

having consultations prior to tuition fee increases, shall forfeit the right to increase their tuition fees,

in addition to other penalties or sanctions as may be imposed under the preceding paragraph or by

existing laws.cralaw


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Sec. 17. Repealing Clause. All laws and decrees particularly Presidential Decree Nos. 932 and 1371

and such letters of instruction, rules and regulations or parts thereof which are inconsistent with this

Act are hereby repealed or modified accordingly.cralaw

Sec. 18. Separability Clause. If any provision of this Act is declared unconstitutional, the same shall

not affect the validity and effectivity of the other provisions not affected thereby.chan robles virtual

law library

Sec. 19. Effectivity Clause. This Act shall take effect immediately upon its publication in English in

an English newspaper and in Filipino in a Filipino newspaper, both of general circulation. chan robles

virtual law library

Approved:June 10, 1989


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REPUBLIC ACT NO. 6139

AN ACT TO REGULATE TUITION AND OTHER SCHOOL FEES OF PRIVATE EDUCATIONAL INSTITUTION,

PROVIDING FOR THE SETTLEMENT OF CONTROVERSIES THEREON AND FOR OTHER PURPOSES.

Section 1.It is hereby declared to be the policy of this Act to regulate tuition and other fees charged by

private schools in order to discourage the collection of exorbitant and unreasonable fees.chanrobles

virtualaw library

Sec. 2.Within the limits and under the circumstances set forth in this Act, the Secretary of Education

shall have the authority to regulate tuition and/or other school fees that each private school, college,

university or any other educational institution as defined in Act Numbered Twenty-seven hundred and

six, including nurseries and kindergarten schools, may impose.chanrobles virtualaw library

Sec. 3.Any private educational institution proposing to increase the tuition and/or other fees being

charged and/or collected by it for any course shall adopt the following procedure:

(a) At least 180 days before the school year, semester, or term in which the increase is to be effective, it

shall serve written notice thereof on the student council or government, or in case of schools or courses

below the college or university level, on the Association of Parents, or in default thereof, the Parents-

Teachers Association of the school concerned.

Likewise, notice of such proposal shall be sent by personal delivery or registered mail to the Director of

Private Schools, copy furnished the Regional Superintendent of the Bureau of Private Schools.

Appropriate circulars containing the proposal shall be posted by the school administration in at least

two conspicuous place within the premises of the school concerned.

The notice of the proposal to increase shall, among other things, state the following: (1) the current fees

or charges and the amount of increase (2) the reason or reasons for the proposed increase (3) the

semester, term or school year in which the increase is proposed to take effect, and (4) a statement that

if no opposition is filed until the thirtieth day from the posting of the notice, the increase shall become

effective under this Act.

(b) If after such notice is made, a formal opposition against such increase is presented to the school

administration within thirty days after receipt of said notice by at least a majority of the student

governing body or at least twenty per cent of the parents, in case of schools below college or university

level, then the Local Schools Council on Fees herein created shall be convened to act on the controversy.

Copy of said opposition shall be served on the Director of Private Schools who shall immediately, upon

receipt, transmit said opposition to the corresponding Regional Superintendent of private schools and


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Education, who shall, after giving notice and opportunity to be heard to interested parties, act upon said

appeal at least sixty days before the close of the school year preceding that to which the increase shall

apply and shall become enforceable beginning the school year following. An appeal shall stay the

execution of decision of the Local School Council on Fees. The decision of the Secretary shall be final and

bidding from its promulgation.

If no appeal is made within the period herein provided, the decision shall become final and binding from

the expiration of said period.chanrobles virtualaw library

Sec. 5.Any private educational institution proposing to decrease the tuition and/or other fees being

charged and/or collected by it for any course shall serve notice of its proposal to decrease on the

student council or government, and in case of schools below the college or university level on the

Association of Parents or in default thereof, on the Parents-Teachers Association at least ninety days

before the school year, term or semester in which it is proposed to take effect. Notice of such proposal

shall be sent by personal delivery or registered mail within the same period to the Director of Public

Schools, copy furnished the Regional Superintendent of the Private Schools in the area.

Notice of the proposal to decrease shall, among other things, state the following: (1) the current fees or

charges and the amount of decrease; (2) the reason or reasons for the proposed decrease; and (3) the

semester, term or school year in which the decrease is supposed to take effect.

If no opposition is presented to the Director of Private Schools by any interested party within thirty days

after such notice is received, the decrease shall be considered authorized. If an opposition is presented

to the Director of Private Schools by any interested party within said period, the Director of Private

Schools shall notify the interested parties, and after giving them the opportunity to be heard and to

present evidence, shall decide the matter at least thirty days before the school year, term or semester in

which the decrease is to take effect. The decision of the Director of Private Schools on decrease of fees

shall be considered final.chanrobles virtualaw library

Sec. 6.In case of appeal from a decision on the increase of tuition or other fees, the Secretary of

Education shall determine the reasonableness of the same taking into consideration, among others, the

factors mentioned in Sec. 3 (c) of this Act.chanrobles virtualaw library

Sec. 7.In cases of extraordinary causes, such as fluctuations in currency, strikes, and other unforseeable

occurrences, the one hundred eighty day- period prescribed in Sec. 3 (a) shall be shortened to ninety

days; the thirty-day period in Sec. 3 (b) to fifteen days, and the one hundred-day period in Sec. 3 (c) to

sixty days. The decision of the Secretary of Education, in case of appeal, shall be promulgated at the


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PRESIDENTIAL DECREE No. 451 May 11, 1974

AUTHORIZING THE SECRETARY OF EDUCATION AND CULTURE TO REGULATE THE IMPOSITION OF

TUITION AND OTHER SCHOOL FEES, REPEALING REPUBLIC ACT NO. 6139, AND FOR OTHER PURPOSES

WHEREAS, private schools, colleges and universities have been faced with increasingly serious

problems arising from decreasing incomes due to slump in enrolment and increasing operational costs

brought about by the rise in prices of instructional materials and educational, as well as allied

services;

WHEREAS, it is imperative that private educational institutions upgrade classroom instruction by

improving their facilities and hiring competent teachers in all levels of education, provide salary and

or wage increases and other benefits to their teaching, administrative and other personnel to keep up

with the increasing cost of living;

WHEREAS, the procedure prescribed under R.A. No. 6139 for the increase of tuition and other school

fees has been proved to be too cumbersome and time-consuming, and is not conducive to the growth

and improvement of private educational institutions and the well-being of their employees,

particularly those in the lower income groups and

WHEREAS, in order to alleviate the sad plight of private schools, their personnel and all those directly

and indirectly dependent on school incomes it advisable and necessary that the cumbersome and

time-consuming procedures fixed under Republic Act No. 6139 for increasing tuition fees be simplified

without opening the flood-gates to abuse of the right to increase tuition and other school fees.

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 the following as part of the law of the

land:

Section 1. Authority of Secretary of Education and Culture. Within the limits and under the

circumstances set forth in this Decree, the Secretary of Education and Culture shall have the authority

to regulate the imposition of tuition and other school fees or charges by any and all private schools as

defined under Act Numbered Two thousand seven hundred and six, as amended. No changes in the

rates of tuition or other school fees or charges shall be effective without the prior approval of the

Secretary of Education and Culture. New school fees or charges to be imposed by new or existing

schools, whether for new courses or other matters, shall be at such reasonable rates as may be

determined by the Secretary of Education and culture based on the standard of such school.


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Sec. 6. Review of Financial Statements. Financial statements submitted in accordance with the

provisions of Sec. 2 hereof may be reviewed by the Commission on Audit at the instance of the

Secretary of Education and Culture whenever he believes that the same is necessary for verification

purposes. For this purpose, the Commission on Audit is authorized to examine the pertinent books

and record of the school concerned.

Sec. 7. Additional Scholarships. As a further condition to any grant of increase in tuition or other

school fees, private schools with a total enrolment of at least one thousand, are hereby required to

provide free scholarships to poor but deserving students at the ratio of one (1) free scholarship for

every five hundred (500) pupils/students enrolled: Provided, That this requirement shall be exclusive

of the present practice of private schools offering scholarship privileges to valedictorians and

salutatorians and other pupils/students who have achieved scholastic distinctions. Neither shall other

forms of scholarships such as those offered to athletes and working students be included in arriving atthe proper number of poor but deserving pupils/students to be given free scholarships.

Sec. 8. Penal Clause. Any violation of the provisions of this Decree or of the rules or regulations

promulgated pursuant thereto or any final decision made by the Secretary of Education and Culture

shall be punishable by a fine of five thousand (P5,000.00) pesos or imprisonment of two years or both

at the discretion of the court which penalty shall be imposed on the official(s) of the private school or

on any person acting for and in behalf of the school directly responsible for the violation. If the

violator is a public official the same penalty shall be imposed without prejudice to any administrative

action which may be taken against him.

Sec. 9. Repealing Clause. Republic Act No. 6139 is hereby repealed, and all laws, decrees, executive

orders, directives and rules and regulations inconsistent herewith are likewise repealed, amended or

modified accordingly.

Section 10. Effectivity. This Decree shall take effect immediately.

Done in the City of Manila, this 11th day of May, in the year of Our Lord, nineteen hundred and

seventy-four.

DEC ISSUANCE

IMPLEMENTING RULES AND REGULATIONS FOR PRESIDENTIAL DECREE NO. 451


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Pursuant to Sec. 4 of Presidential Decree No. 451, in relation to Section 1 thereof, the following

implementing rules and regulations are hereby prescribed and promulgated for the guidance of all

concerned:

RULE I

Policy and Scope

Section 1. Scope. The rules and regulations herein prescribed shall apply to all private schools, colleges

and universities duly authorized or recognized by the Government.

Sec. 2. Authority to Regulate. The Secretary of Education and Culture has the authority to regulate any

increase or change in the rate of tuition and/or other school fees or charges collected from pupils or

students and/or their parents by all private schools, colleges and universities.

Any increase or change including new fees in private schools, colleges, and universities shall not be

effective without the prior approval of the Secretary of Education and Culture.

Sec. 3. Purpose of Increase. As a general rule, the purpose or purposes for which any increase or

change in the current rates of tuition and/or other school fees or charges of private schools, colleges

and universities shall be to upgrade and update classroom instruction by improving their facilities and

hiring competent teachers in all levels of education, provide salary and/or wage increase and other

benefits to their teaching, administrative and other personnel to keep up with the increasing cost of

living, and to grant student assistance and establish extension services.

Sec. 4. Effectivity of Increase. Unless otherwise provided, the effectivity of each approval of an

application for increase or change in tuition and/or other school fees or charges, including new fees or

charges, shall be specified and indicated on the action taken by the Secretary of Education and

Culture.

RULE II

Definition of Terms

Section 1. Unless otherwise specifically defined the following terms shall be understood thus

a) Tuition fee covers the school charges for the subjects or course enrolled in by a pupil or student, as

indicated in the respective prospectuses, colleges and universities, which may either be on a term or

yearly basis or per unit or units.

b) Other school fees includes all miscellaneous fees charged to be charged by private schools, colleges

and universities as embodied in their respective prospectuses, bulletins of information, or catalogues,


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which are collected and earmarked for certain specified purposes pursuant to existing laws, rules and

regulations.

c) Current school fees means the tuition and other school fees collected or charged by private schools,

colleges and universities as approved, indicated and published in their respective prospectuses,

bulletins of information, or catalogues.

d) Increase in fees means any addition in the amount of the current tuition and/or other school fees

as defined in subsections (a), (b), and (c) herein.

e) New fee or charge means those which are imposed by new schools or by existing schools which are

not included in their public bulletin or catalogue.

RULE III

Application

Section 1. Period of Filing. For the school year 1974-75, each application for increase in tuition and/or

other school fees or charges, including new fees or charges, together with all necessary supporting

documents, shall be filed directly by mail or personal delivery to the Director of Private Schools in

Manila.

Sec. 2. Contents. The application referred to in the preceding section shall indicate, among others, (a)

the purpose and jurisdiction for the proposed increase in tuition and/or other school fees or other

charges, (b) the itemized current rates of tuition fee or other school charges, (c) the corresponding

proposed percentage increase, (d) the revised rates to be imposed or collected, (e) the proposed

allocation and program of expenses to be effected if the petition is approved, and (f) the effectivity in

point of school year on a term at which time the new rates shall be implemented.

Sec. 3. Notices. Application for increase in tuition fee and/or other school charges, or for new fees or

charges, shall be announced by the school administration.

Sec. 4. Oath and Other Requirements. The application shall be signed by the school head, under oath,

and shall include as annexes (a) copy of the financial statement showing the financial status of the

school, college or university, duly certified correct by a licensed Certified Public Accountant; and (b)

copy of the latest tax returns filed by the school, college or university with the Bureau of Internal

Revenue, or in the negative, and lieu of the required tax returns, a corresponding statement relative

thereto by the school head or his duly authorized representative; and (c) a certification by the school

head to the effect that the application for increase has been announced.


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RULE VI

Miscellaneous

Section 1. Prohibitions. No school administration shall sponsor or hold any benefit performances,

movies, concerts, dramatic presentations, games and/or shows of whatever kind or nature whether

for charity or otherwise. Any such act on the part of the school administration shall be considered a

circumvention of Presidential Decree No. 451 and shall accordingly be taken as sufficient cause for the

cancellation of the latest approval of the increase in tuition and/or other school fees or charges of the

school, college or university concerned granted by the Secretary of Education and Culture, if any, or a

valid ground for the denial or disapproval of its application if one is pending consideration.

Sec. 2. Penal Provision. Pursuant to Sec. 8 of Presidential Decree No. 451, any violation of the law or

any provisions of these Implementing Rules and Regulations, or any final decision made by the

Secretary of Education and Culture shall be punishable by a fine of Five thousand pesos (5,000.00) or

imprisonment of two (2) years or both at the discretion of the court, which penalty shall be imposed

on the official(s) of the private school or any person acting for and in behalf of the school directly

responsible for the violation. If the violator be a public official the same penalty shall be imposed

without prejudice to any administrative action that may be taken against him.

Sec. 3. Repealed Clause. All existing rules and regulations inconsistent with the present Implementing

Rules and Regulations are repealed, cancelled, revoked, or modified accordingly.

Sec. 4. Effectivity. These implementing rules and regulations shall be effective immediately.

Manila Philippines, May 13, 1974.


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Republic Act 6728

Government Assistance To Students and Teachers In Private Education Act

Files:

Republic Act 6728

AN ACT PROVIDING ASSISTANCE TO STUDENTS AND TEACHERS

Section 1. Title.This Act shall be known as the "Government Assistance To

Students and Teachers In Private Education Act."

Sec. 2. Declaration of Policy.It is declared policy of the State in conformity with the

mandate of the Constitution, to promote and make quality education accessible to all

Filipino citizens. The State also hereby recognizes the complementary roles of public andprivate educational institutions in the educational system and the invaluable contribution

that the private schools have made and will make to education. For these purposes, the

State shall provide the mechanisms to improve quality in private education by

maximizing the use of existing resources of private education, recognizing in the process

the government responsibility to provide basic elementary and secondary education as

having priority over its function to provide for higher education.

Sec. 3. Criteria for Assistance. The programs for assistance shall be based on a set

of criteria which shall include, among others, tuition fees charged by the schools, thesocio-economic needs of each region, overall performance of the schools, the academic

qualifications and the financial needs of the students, as well as the geographic spread

and size of student population.

In addition to the foregoing criteria, within such reasonable time as the State Assistance

Council may determine, student grantees under the Private Education Student Financial

Assistance Program shall be enrolled in schools which have accredited programs or are

applying for accreditation as determined by the Federation of Accrediting Agencies of the

Philippines, namely: The Philippine Association of Accredited Schools, Colleges and

Universities, the Association of Christian Schools and Colleges Accrediting Agency, and

the Philippine Association of Colleges and Universities Commission on Accreditation.

Preference shall be given to students whose family income is not more than thirty six

thousand pesos (P36,000) or such amount as may be determined by the Council, as

defined hereinafter.
http://www.pcw.gov.ph/sites/default/files/documents/laws/republic_act_6728.pdfhttp://www.pcw.gov.ph/sites/default/files/documents/laws/republic_act_6728.pdfhttp://www.pcw.gov.ph/sites/default/files/documents/laws/republic_act_6728.pdf


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For purposes of this Act, programs of assistance to students of private post-secondary

education shall likewise be extended to students of community colleges and students in

non-degree programs including vocational and technical courses. Implementation of the

program shall encourage students to undergo tertiary education in the same region

where their families reside.

The programs of assistance under this Act shall be extended only to students who are

citizens of the Philippines.

Sec. 4. Forms of Assistance.Assistance to private education shall consist of:

1. Tuition fee supplements for students in private high schools, including students invocational and technical courses;

2. High School Textbook Assistance Fund: Provided, That students in public schoolsshall be provided a comprehensive textbook program under the Secondary

Education Development Program (SEDP);

3. Expansion of the existing Educational Service Contracting (ESC) Scheme;4. The voucher system of the Private Education Student Financial Assistance Program

(PESFA);

5. Scholarship grants to students graduating as valedictorians and salutatorians fromsecondary schools;

6. Tuition fee supplements to students in private colleges and universities;7. Education Loan Fund; and8. College Faculty Development Fund.

Sec. 5. Tuition Fee Supplement for Students in Private High School.

(1)Financial assistance for tuition for students in private high schools shall be provided by

the government through a voucher system in the following manner:

(a) For students enrolled in schools charging less than one thousand five hundred

pesos (P1,500) per year in tuition and other fees during school year 1988-1989 or such

amount in subsequent years as may be determined from time to time by the State


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Assistance Council: The Government shall provide them with a voucher equal to two

hundred ninety pesos (P290.00): Provided, That the student pays in the 1989-1990

school year, tuition and other fees equal to the tuition and other fees paid during the

preceding academic year: Provided, further, That the Government shall reimburse the

vouchers from the schools concerned within sixty (60) days from the close of theregistration period: Provided, furthermore, That the student's family resides in the same

city or province in which the high school is located unless the student has been enrolled

in that school during the previous academic year.

(b) For students enrolled in schools charging above one thousand five hundred pesos

(P1,500) per year in tuition and other fees during the school year 1988-1989 or such

amount in subsequent years as may be determined from time to time by the State

Assistance Council, no assistance for tuition fees shall be granted by the Government:

Provided, however, That the schools concerned may raise their tuition fees subject to

Section 10 hereof.

(2) Assistance under paragraph (1), subparagraphs (a) and (b) shall be granted and

tuition fees under subparagraph (c) may be increased, on the condition that seventy

percent (70%) of the amount subsidized allotted for tuition fee or of the tuition fee

increases shall go to the payment of salaries, wages, allowances and other benefits of

teaching and non-teaching personnel except administrators who are principal

stockholders of the school, and may be used to cover increases as provided for in the

collective bargaining agreements existing or in force at the time when this Act is

approved and made effective: Provided, That government subsidies are not used directly

for salaries of teachers of non-secular subjects. At least twenty percent (20%) shall go to

the improvement or modernization of buildings, equipment, libraries, laboratories,

gymnasia and similar facilities and to the payment of other costs of operation. For this

purpose, school shall maintain a separate record of accounts for all assistance received

from the government, any tuition fee increase, and the detailed disposition and use

thereof, which record shall be made available for periodic inspection as may be

determined by the State Assistance Council, during business hours, by the faculty, the

non-teaching personnel, students of the school concerned, the Department of Education,

Culture and Sports and other concerned government agencies.

Sec. 6. High School Textbook Assistance Fund.There shall be established in the

Department of Education, Culture and Sports (DECS) a High School Textbook Assistance

Fund, so that an assistance on a per student basis shall be given to private schools

charging less than one thousand five hundred pesos (P1,500.00) for 1988-1989 per year,

or such amount in subsequent years as may be determined from time to time by the


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State Assistance Council, exclusively for the purchase of high school textbooks, in

support of the implementation of the Secondary Education Development Program:

Provided, That such fund shall not be used for the purchase of books that will advance or

inhibit sectarian interest: Provided, further, That such textbooks are included in the list

approved by the Department of Education, Culture and Sports.

Sec. 7. Expansion of the Existing Educational Service Contracting (ESC)

Scheme.

(a) The Department of Education, Culture and Sports (DECS) shall continue to enter into

contracts with private schools whereby the Government shall shoulder the tuition and

other fees of excess students in public high schools who shall enroll under this program.

It shall settle all outstanding obligations before contracting new obligations.

(b) The Department shall also enter into contract with private schools in communitieswhere there are no public high schools, in which case the Department shall shoulder the

tuition and other fees of students who shall enroll in said private schools. The number of

such schools assisted by the program will be increased every year such that all schools in

this category will be assisted within four (4) years from the promulgation of this Act.

(c) The amount of assistance to be given by the Government under this Section shall not

exceed that determined as the per student cost in public high schools.

(d) The Department shall fully pay the subsidized amount to participating schools not

later than the end of the schoolyear, unless the delay incurred is attributable to the

participating schools.

(e) The amount of assistance shall be allocated and distributed among the fourteen (14)

regions in proportion to the total population as well as the high school age population for

the first school year: Provided, That starting school year 1990, an equalization scheme

shall be implemented by the State Assistance Council.

Sec. 8. Assistance to College Freshmen.

(a) The Voucher System of Private Education Student Financial Assistance (PESFA)

Program. The existing Private Education Student Financial Assistance (PESFA) Program

which covers degree and vocational/technical courses shall be expanded so that a

minimum of ten percent (10%) for the school year 1989, fifteen percent (15%) for the

school year 1990, twenty percent (20%) for the school year 1991, twenty-five percent

(25%) for the school year 1992 and thereafter, of all enrolling first year students can

benefit from a full or partial scholarship, plus an allowance. Such financial assistance

shall be granted to deserving underprivileged students, who shall be selected on the


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basis of family income, geographic spread and results of competitive examinations to be

given by the Department of Education, Culture and Sports to students in all secondary

schools. The program shall be equitably allocated to provinces and cities in accordance

with regional and national plans to priority courses as determined by the Department of

Education, Culture and Sports in coordination with the National Economic DevelopmentAuthority (NEDA). The priority courses shall be submitted to Congress at the start of this

program and any changes thereon periodically.

For purposes of this Act, an underprivileged student shall refer to a student whose

annual gross income, if any, and that of the combined annual gross income of his parents

do not exceed thirty-six thousand pesos (P36,000).

(b) Tuition Waiver.Private colleges and universities shall provide for full or half

tuition waivers for five percent (5%) of the entering freshmen, which shall include amongothers, valedictorians and salutatorians of both public high schools and private high

schools charging less than one thousand five hundred pesos (P1,500) per student per

year as of school year 1988-1989, or such amount in subsequent years as may be

determined by the State Assistance Council: Provided, That those valedictorians and

salutatorians meet admission tests and retention requirements of the schools concerned.

For this purpose, the tuition rates for entering freshmen in all private schools and

colleges may be determined by the school itself, after appropriate consultations with

parents, students and the alumni of the school. For this purpose, audited financial

statements shall be made available to authorized representatives of these sectors.

(c)Allowance of Valedictorians.Subject to rules and regulations as may be

promulgated by the State Assistance Council, valedictorians referred to under

subparagraph (b) above, may, in addition to tuition waivers granted by the school

concerned, be entitled to such allowances from the government as are provided to PESFA

grantees, provided they shall enroll in priority courses.

(d) Allowance for other Honorees.In case the graduating class is composed of

more than two hundred and fifty students, all salutatorians and first honorable mention

graduates thereof may also be entitled to the allowance granted to valedictorians under

the preceding paragraph.

Sec. 9. Further Assistance To Students in Private Colleges and Universities.

Tuition fee supplements for non-freshmen students of private colleges and universities in


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priority course programs determined by the Department of Education, Culture and Sports

shall be provided by the government through a voucher system in the following manner:

(a) For re-enrolling students in priority programs in schools, charging an effective per-

unit tuition rate of eighty pesos (P80) or less per unit or such amount in subsequentyears as may be determined by the State Assistance Council: The Government shall

provide the student with a voucher with a value equivalent to the tuition fee increase:

Provided, That all schools in this category shall not be allowed to raise their fees by more

than twelve pesos (P12.00) per unit, for both priority and non-priority courses; and

Provided, That such assistance shall be given only to students who have completed one

academic year by June 1989 in priority programs and shall not apply to future college

students and to current college students who transfer outside of their region.

(b) For students in schools charging an effective per unit tuition rate of more than

eighty pesos (P80) per unit or such amount in subsequent years as may be determinedfrom time to time by the Senate Assistance Council: The Government shall provide no

assistance, and the schools can determine their own tuition rates, subject to Section 10

hereof: Provided, That they grant full or half-tuition waivers to five percent (5%) of all

their students.

(c) Schools with accredited programs charging a tuition rate of less than eighty pesos

(P80.00) per unit or such amount in subsequent years as may be determined from time

to time by the State Assistance Council, may continue to determine tuition rates, subject

to Section 10 hereof, and non-freshmen students in their accredited priority courses will

be entitled to a voucher equivalent to the tuition increase as in paragraph (a) hereof.

(d) Government assistance and tuition increases as described in this Section shall be

governed by the same conditions as provided under Section 5 (2).

Sec. 10. Consultation.In any proposed increase in the rate of tuition fee, there

shall be appropriate consultations conducted by the school administration with the duly

organized parents and teachers associations and faculty associations with respect to

secondary schools, and with students governments or councils, alumni and faculty

associations with respect to colleges. For this purpose, audited financial statements shall

be made available to authorized representatives of these sectors. Every effort shall be

exerted to reconcile possible differences. In case of disagreement, the alumni association

of the school or any other impartial body of their choosing shall act as arbitrator.

Sec. 11. Education Loan Fund.


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(a) "Study Now, Pay Later Plan". There is hereby created a special fund to be known

as the Students' Loan Fund to be administered by the Department of Education, Culture

and Sports, or upon delegation by the Department, by the Student Loan Fund Authority

created under Republic Act No. 6014 which is hereby reinstituted pursuant to the terms

of the same Republic Act which shall be used to finance educational loans to covermatriculation and other school fees and educational expenses for book, subsistence and

board and lodging.

(b) Amounts covering payments for tuition, matriculation and other school fees shall be

paid directly to the school concerned.

(c) Any loan granted under this Section shall be paid by the student-debtor after he has

finished the course or profession for which the proceeds of the loan was expended, but

only after a period of two (2) years from the time he has acquired an employment:Provided, however, That interest at the rate of not more than twelve percent per annum

shall accrue on the balance thereof.

(d) Social Security Fund.The Social Security System Fund shall make available low

interest educational loans to its members and to private educational institutions for

school buildings and/or improvement of their plants and facilities.

Sec. 12. Limitation. The right of any student to avail himself of the benefits under

this Act shall not apply:

(a) If he fails for one (1) schoolyear in the majority of the academic subjects in which

he has enrolled during the course of his study unless such failure is due to some valid

cause beyond his control; and

(b) If he enrolls for the first time, or transfers, outside of the region where he is

domiciled unless the course he wants to pursue is a priority course as determined by the

Department of Education, Culture and Sports and is not offered in any private school in

his region.

Sec. 13. College Faculty Development Fund.For the purpose of improving the

quality of teaching in higher education, there is hereby established in Department of

Education, Culture and Sports a College Faculty Development Fund to provide for

scholarships for graduate degrees and non-degree workshops or seminars for faculty

members in private colleges and universities: Provided, That faculty member recipients

of such scholarships shall serve three (3) years return service for every year of


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scholarship availed of. The scholarship shall be in priority courses as determined by the

Department of Education, Culture and Sports in coordination with the National Economic

Development Authority (NEDA) and cannot be awarded to promote or inhibit sectarian

purposes.

Sec. 14. Program Administration/Rules and Regulations.The State Assistance

Council shall be responsible for policy guidance and direction, monitoring and evaluation

of new and existing programs, and the promulgation of rules and regulations, while the

Department of Education, Culture and Sports shall be responsible for the day to day

administration and program implementation. Likewise, it may engage the services and

support of any qualified government or private entity for its implementation.

The State Assistance Council (SAC), hereinafter known as the Council, shall be

headed by the Secretary of Education, Culture and Sports as chairman, withrepresentatives from NEDA, DBM, DOST, and representatives from duly organized

nationwide associations of teachers, students and school administrators as members. The

last three (3) members shall be appointed by the President upon the recommendation of

their respective sectors for a term of four (4) years.

The Council shall meet, from time to time, as the need arises, to assess the effectivity of

the programs and to ensure that schools, colleges and universities where student

recipients are enrolled continue to provide quality education. For this purpose, the

Council shall establish criteria, including accreditation status, to determine which schools,

colleges and universities may continue to enroll students who are recipients of

government assistance under this Act.

Sec. 15. Appropriations.

(a) The appropriations of the Department of Education, Culture and Sports authorized in

General Appropriations Act for Fiscal Year 1989, Republic Act No. 6688, for A.7.d

Implementation of programs for secondary education, A.7.e Implementation of programs

for higher education, A.7.g Implementation of free secondary education shall be reduced

as far as practicable on a proportionate basis by region to provide funds for the

requirements of this Act in Fiscal Year 1989: Provided, That savings from any other item

of appropriation of the Department of Education, Culture and Sports may be utilized for

the implementation of this Act in Fiscal Year 1989: Provided, further, That any deficiency

shall be taken from any or all of the following sources:


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1. Portions of the coconut levies authorized under Republic Act No. 620 andPresidential Decree No. 1468 and other laws earmarked to finance scholarships for

the benefit of deserving children of the coconut farmers, and the income thereof:

Provided, That such funds shall be used exclusively for the program of assistance

for said children including their books, board and lodging and other allowances incase these are not provided in a particular program of assistance;

2. Twenty percent (20%) of the travel tax and airport departure tax collections;3. Ten percent (10%) of any funds collected by the Sugar Regulatory Administration

or the Philippine Coconut Authority for students in provinces where they are

collected;

4. Ten percent (10%) of the net income of the Development Bank of the Philippines;5. Portions of the Overseas Welfare Fund to benefit the dependents or children of

overseas workers; and

6. Any other lump sum appropriations or collections under the supervision and controlof the Office of the President.

Provided, finally, That the total amount made available to carry out the purposes of this

Act shall not exceed five hundred million pesos (P500M) for Fiscal Year 1989.

Thereafter, such amount as may be necessary for its continued implementation shall beincluded in the annual General Appropriations Act.

(b) The amount of assistance on a per student basis as determined under Section 5(a)

and (b) and Section 9(a) of this Act shall remain the same for the subsequent years

unless Congress provides otherwise.

Sec. 16. Penalties.In case of any violation of the provisions of this Act or the rules

and regulations promulgated pursuant thereto by an institution, the Department of

Education, Culture and Sports, upon the recommendation of the Council, may bar theinstitution from participating in or benefiting from the programs of this Act, and from

other programs of the Department, without prejudice to administrative and criminal

charges as may be filed against the school and/or its responsible officers under existing

laws.


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Batas Pambansa Blg: 232 | Date: 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. TitleThis Act shall be known as the Education Act of 1982.

Section 2. CoverageThis 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 PolicyIt is the policy of the State to established and maintain a

complete, adequate and integrated system of education relevant to the goals of national

development. Toward this end, the government shall ensure, within the context of a free and

democratic system, 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 nations 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 ObjectivesThe 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


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Section 8. Rights of ParentsIn 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 SchoolIn 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.

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.


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Section 10. Rights of all School PersonnelIn 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 StaffFurther to the rights

mentioned in the preceding Section, every member of the teaching or academic staff shall enjoy the

following rights and/or privileges:

1. The right to be free from compulsory assignments not related to their duties as defined in their

appointments or employment contracts, unless compensated therefor, conformably to existing law.

2. The right to intellectual property consistent with applicable laws.

3. Teachers shall be deemed persons in authority when in the discharge of lawful duties and

responsibilities, and shall, therefore, be accorded due respect and protection.

4. Teachers shall be accorded the opportunity to choose alternative career lines either in school

administration, in classroom teaching, or others, for purposes of career advancement.

Section 12. Special Rights of School AdministrationSchool 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 SchoolsIn addition to other rights provided for by law, schools shall enjoy the

following:


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1. The right of their governing boards or lawful authorities to provide for the proper governance of the

school and to adopt and enforce administrative or management systems.

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 StudentsIn addition to those provided for under existing

laws, every student shall:

1. Exert his utmost to develop his potentialities for service, particularly by undergoing an education

suited to his abilities, in order that he may become an asset to his family and to society.2. Uphold the academic integrity of the school, endeavor to achieve academic excellence and abide by

the rules and regulations governing his academic responsibilities and moral integrity.

3. Promote and maintain the peace and tranquility of the school by observing the rules and discipline,

and by exerting efforts to attain harmonious relationships with fellow students, the teaching and

academic staff and other school personnel.

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

social, economic and cultural development of his community and in the attainment of a just,

compassionate and orderly society.

5. Exercise his rights responsibly in the knowledge that he is answerable for any infringement or

violation of the public welfare and of the rights of others.

Section 16. Teachers Obligations Every teacher shall:


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1. Perform his duties to the school by discharging his responsibilities in accordance with the

philosophy, goals, and objectives of the school.

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 latters parents

and guardians with specific suggestions for improvement.

4. Assume the responsibility to maintain and sustain his professional growth and advancement and

maintain professionalism in his behavior at all times.

5. Refrain from making deductions in students scholastic rating for acts that are clearly not

manifestations of poor scholarship.

6. Participate as an agent of constructive social, economic, moral, intellectual, cultural and political

change in his school and the community within the context of national policies.

Section 17. School Administrators Obligations Every school administrator shall:

1. Perform his duties to the school by discharging his responsibilities in accordance with the

philosophy, goals and objectives of the school.

2. Be accountable for the efficient and effective administration and management of the school.

3. Develop and maintain a healthy school atmosphere conducive to the promotion and preservation

of academic freedom and effective teaching and learning, and to harmonious and progressive school-

personnel relationship.

4. Assume and maintain professional behavior in his work and in dealing with students, teachers,

academic non-teaching personnel, administrative staff, and parents or guardians.

5. Render adequate reports to teachers, academic non-teaching personnel and non-academic staff on

their actual performance in relation to their expected performance and counsel them on ways of

improving the same.

6. Observe due process, fairness, promptness, privacy, constructiveness and consistency in disciplining

his teachers and other personnel.

7. Maintain adequate records and submit required reports to the Ministry of Education, Culture and

Sports.

Section 18. Obligations of Academic Non-Teaching PersonnelAcademic non-teaching personnel

shall:


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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 societys primary learning system, and therefore the main instrument for the achievement of the

countrys educational goals and objectives.

Section 20. DefinitionFormal 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 EducationThe 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 childs 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 childs knowledge of, identification with, and love for the nation and

the people to which he belongs; and


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4. To promote work experiences which develop the childs 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 nations 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 ServiceThe 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:


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2. It entitled the school or college to give the students who have completed the course for which

recognition is granted, a certificate, title or diploma; and

3. It shall entitle the students who have graduated from said recognized course or courses to all the

benefits and privileges enjoyed by graduates in similar courses of studies in all schools recognized by

the government.

Operation of schools and educational programs without authorization, and/or operation thereof in

violation of the terms of recognition, are hereby declared punishable violations subject to the

penalties provided in this Act.

Section 29. Voluntary AccreditationThe 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 SchoolsEach 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 BoardEvery 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 TransactionsThe 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


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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 PolicyIt 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 FundsPublic school shall continue to be funded from national funds: Provided,

That local governments shall be encouraged to assume operation of local public schools on the basis

of national fund participation and adequate revenue sources which may be assigned by the national

government for the purpose.

Section 35. Financial Aid Assistance to Public Secondary SchoolsThe 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 GovernmentProvinces, 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 FundThe 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 FeesSecondary and post-secondary schools may charge tuition

and other school fees, in order to improve facilities or to accommodate more students.


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Section 39. Income from other SourcesGovernment-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 SchoolsPrivate schools may be funded from their capital investment

or equity contribu

Documents

Laws on Tuition Fees