PRESIDENTIAL DECREE NO. 1006
PROVIDING FOR THE PROFESSIONALIZATION OF TEACHERS, REGULATING THEIR PRACTICE IN THE PHILIPPINES AND FOR OTHER PURPOSES
WHEREAS, the Constitution provides that "All educational institutions shall be under the supervision of; and subject to regulation by, the State", and requires that "the State shall establish and maintain a complete, adequate and integrated system of education relevant to the goals of national development";
WHEREAS, in the pursuit on these objectives, the Department of Education and Culture has adopted ways and means of overseeing all the educational institutions in the country;
WHEREAS, this supervisory function of the DEC has been primarily beamed towards insuring that the educational institutions inculcate in the studentry love of the country, teach the duties of citizenship, and develop moral character, personal discipline, and scientific, technological and vocational efficiency;
WHEREAS, to implement these objectives, the institutions have relied upon their teachers whose direct and continuing interaction with the young people and the children make them potent forces for the development of proper attitudes among the citizenry;
WHEREAS, this accounts for the tremendous growth of the teaching population, comprising in the civil service sector alone - more than 300,000 teachers deployed all over the country;
WHEREAS, to insure that in the immediacy and urgency of teacher recruitment qualitative requirements are not overlooked, it has become necessary to regulate the teaching profession;
WHEREAS, although teaching requires a number of years of collegiate study, it is the only course that it is not yet considered a profession;
WHEREAS, in recognition of the vital role of teachers in nation-building and as an incentive to raise the morale of teachers, it is imperative that they be considered as professionals and teaching be recognized as a profession.
NOW, THEREFORE, I, FERDINAND E. MARCOS, President of the Philippines, by virtue of the powers vested in me by the Constitution, do hereby decree and order:
Section 1. Title. - This Decree shall be known as the Decree Professionalizing Teaching.
Section 2. Declaration of Policy. - It is hereby declared a policy that teacher education shall be given primary concern and attention by the government and shall be of the highest quality, and strongly oriented to Philippine conditions and to the needs and aspirations of the Filipino people even as it seeks enrichment from adoptable ideas and practices of other people.
Section 3. Definition of Terms. - As used in this Decree, the following shall be construed as follows:
(a) Teaching refers to the profession primarily concerned with the classroom instruction, at the elementary and secondary levels, in accordance with the curriculum prescribed by National Board of Education, whether on part-time or full-time basis in the public or private schools.
(b) Teachers refers to all persons engaged in teaching at the elementary and secondary levels, whether on a full-time or part-time basis, including guidance counsellors, school librarians, industrial arts or vocational teachers and all other persons performing supervisory and/or administrative functions in all schools in the aforesaid levels and legally qualified to practice teaching under this Decree.
(c) Board refers to the National Board for Teachers duly constituted under this Decree.
Section 4. Creation of the National Board for Teachers. - There is hereby created a National Board for Teachers, hereinafter called the Board, to be composed of the following:
Secretary of Education and Culture - Co-Chairman
Chairman, Civil Service Commission - Co-Chairman
Commissioner, Professional Regulations Commission - Member
Two members representing the private sector to be appointed by the President - Members
Section 5. Powers and Duties. - The Board shall have the following powers and duties:
(a) Appoint a set of examiners for every examination who will determine and prepare the contents of the Board examination for teachers, hereinafter referred to as examination, in the elementary and secondary levels of instruction, to be held at least once a year;
(b) Determine and fix the places and dates of examination, appoint supervisors and room examiners from among the employees of the Government who shall be entitled to a daily allowance to be fixed by the Board for every examination day actually attended, use the buildings and facilities of public and private schools for examination purposes, approve applications to take examination, and approve the release of examination results;
(c) Look from time to time into the conditions affecting the practice of the teaching profession, adopt such measures as may be deemed proper for the enhancement of said profession, and/or maintenance of the professional standards and ethics;
(d) Issue, suspend, revoke, replace or reissue Professional Teachers Certificate, and administer oaths;
(e) Appoint, subject to the provisions of existing laws, such officials and employees as are necessary in the effective performance of its functions and responsibilities, prescribe their duties and fix their compensation;
(f) Prescribe and collect examination and other fees as it may deem proper; and
(g) Promulgate rules and regulations, and exercise such other powers, functions and duties as may be necessary to carry into effect the purposes of this Decree.
Section 6. Qualification requirements for examination applicants. - No applicant shall be admitted to take the examination unless, on the date of filing of the application, he shall have complied with the following requirements:
(a) Except those who have been engaged in teaching as herein defined for at least five years in schools in the Philippines not organized exclusively for nationals of a foreign country at the time of the effectivity of this Decree, the applicant must be a citizen of the Philippines;
(b) That he is of good moral character;
(c) That he is free from any physical and/or mental defect which will incapacitate him to render efficient service; and
(d) That he possesses the following minimum educational qualifications:
(1) For teachers in the kindergarten and elementary grades, Bachelor's degree in Elementary Education (B.S.E.Ed.) or its equivalent;
(2) For teachers of the secondary schools, Bachelor's degree in Education or its equivalent with a major and minor, or a Bachelor's degree in Arts or Sciences with at least eighteen units in professional education; and
(3) For teachers of secondary vocational and two-year technical courses, Bachelor's degree in the field of specialization with at least eighteen units in professional education.
All applications shall be filed with an office or offices designated by the Board, preferably the offices of the Civil Service Commission and the Department of Education and Culture.
These offices shall screen and approve such applications and issue the corresponding permits to take the examination to qualify applicants.
Section 7. Appointment of examiners. - The Board shall appoint a set of examiners for every examination who are recognized authority in teacher education, and their names shall not be disclosed until after the release of the results of the examination. They shall each receive as compensation the sum of not less than P5.00 for each examinee as may be determined by the Board but in no case shall each examiner receive more than P18,000 per examination. Any examiner who is in the service of the Government shall receive the compensation herein provided in addition to his salary.
Section 8. Scope of the examination. - The examination shall consist of written tests, the scope of which shall be determined by the Board, taking into consideration the teaching plan of the schools legally constituted in the Philippines.
Section 9. Ratings in the examination. - In order that a candidate may be deemed to have successfully passed the examinations, he must have obtained a general average of at least 70 per cent in all subjects, with no rating below 50 per cent in any subject.
Section 10. Report of the results of examination. - The examiners shall report the ratings obtained by each candidate to the Board within 150 days after the last day of the examination, unless extended by the latter.
Section 11. Issuance of Certificates. - Teachers who have passed examinations given by the Civil Service Commission or jointly by the Civil Service Commission and the Department of Education and Culture shall be considered as having passed the board examinations for teachers. The Board may consider their certificates of rating as certificates of eligibility or issue an entirely new certificate upon registration of the teacher and payment of the corresponding fees.
This provision shall likewise apply to those teachers who have permanent appointment under the Magna Carta For Public School Teachers and all others who may be qualified for registration as professional teachers under this Decree.
Section 12. Registration. - The Civil Service Commission shall, as an arm of the Board, register holders of Professional Teacher Certificate which registration shall evidence that the registrant is entitled to all the rights and privileges of a Professional Teacher until and unless the certificate is suspended or cancelled by the Board for just cause.
Section 13. Reissuance of revoked certificates and replacement of lost certificates. - The Board may, for reason of equity and justice, and upon proper application therefor, issue another copy, original or duplicate, upon payment of the required fee, of a certificate which has been revoked. A new certificate to replace a lost, destroyed or mutilated certificate may be issued subject to the rules of the Board.
Section 14. Registration by reciprocity. - The Civil Service Commission shall, upon approval of the Board, effect the registration, without examination, of a teacher validly registered under the laws of any foreign state or country; Provided, That the requirements for registration in said foreign state or country are substantially the same as those required and contemplated by this Decree, and the laws of such foreign state or country allow citizens of the Philippines to practice the profession on the same basis and grant the same privileges as the citizens or subjects of such foreign state or country; Provided, finally, That the applicant shall submit competent and conclusive documentary evidence, confirmed by the Department of Foreign Affairs, showing that his country's existing laws permit citizens of the Philippines to practice teaching profession under the rules and regulations governing citizens thereof.
Section 15. Prohibition. - Three years after the effectivity of this Decree, no person shall engage in teaching and/or act as a teacher as defined in this Decree, whether in the public or private elementary or secondary school, unless he is holder of a Professional Teacher Certificate or is considered a Professional Teacher under this Decree.
Section 16. Penal Provision. - Any person who shall practice the teaching without a valid Professional Teacher Certificate, or any person presenting as his or her own the certificate of another, or any person giving any false or forged evidence in order to obtain a Professional Teacher Certificate or admission to an examination, or any person assuming himself as a registered professional teacher or any person violating any provision of this Decree shall be penalized by a fine of not less than One Thousand Pesos nor more than Five Thousand Pesos with subsidiary imprisonment or to suffer an imprisonment of not less than six months nor more than two years, or both such fine and imprisonment at the discretion of the Court.
Section 17. Repealing Clause. - All Acts, Decrees, Executive Orders, Administrative Orders, rules and regulations or parts thereof inconsistent with the provisions of this Decree are hereby repealed or modified accordingly.
Section 18. Separability Clause. - In case any provision of this Decree or any portion thereof is declared unconstitutional by a competent court, other provisions shall not be affected thereby.
Section 19. Effectivity. - This Decree shall take effect January 1, 1977.
DONE in the City of Manila, this 22nd day of September, in the year of Our Lord, nineteen hundred and seventy-six.
Showing posts with label Relevant Laws. Show all posts
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The Law Ensuring More Protection to Public School Teachers | RA 4670
THE MAGNA CARTA FOR PUBLIC SCHOOL TEACHERS
I. DECLARATION OF POLICY - COVERAGE
Section 1. Declaration of Policy. - It is hereby declared to be the policy of this Act to promote and improve the social and economic status of public school teachers, their living and working conditions, their terms of employment and career prospects in order that they may compare favorably with existing opportunities in other walks of life, attract and retain in the teaching profession more people with the proper qualifications, it being recognized that advance in education depends on the qualifications and ability of the teaching staff and that education is an essential factor in the economic growth of the nation as a productive investment of vital importance.
Section 2. Title - Definition. - This Act shall be known as the "Magna Carta for Public School Teachers" and shall apply to all public school teachers except those in the professorial staff of state colleges and universities.
As used in this Act, the term "teacher" shall mean all persons engaged in classroom teaching, in any level of instruction, on full-time basis, including guidance counselors, school librarians, industrial arts or vocational instructors, and all other persons performing supervisory and/or administrative functions in all schools, colleges and universities operated by the Government or its political subdivisions; but shall not include school nurses, school physicians, school dentists, and other school employees.
II. RECRUITMENT AND CAREER
Section 3. Recruitment and Qualification. - Recruitment policy with respect to the selection and appointment of teachers shall be clearly defined by the Department of Education: Provided, however, That effective upon the approval of this Act, the following shall constitute the minimum educational qualifications for teacher-applicants:
(a) For teachers in the kindergarten and elementary grades, Bachelor's degree in Elementary Education (B.S.E.ED.);
(b) For teachers of the secondary schools, Bachelor's degree in Education or its equivalent with a major and a minor; or a Bachelor's degree in Arts or Science with at least eighteen professional units in Education.
(c) For teachers of secondary vocational and two years technical courses, Bachelor's degree in the field of specialization with at least eighteen professional units in education;
(d) For teachers of courses on the collegiate level, other than vocational, master's degree with a specific area of specialization;
Provided, further, That in the absence of applicants who possess the minimum educational qualifications as hereinabove provided, the school superintendent may appoint, under a temporary status, applicants who do not meet the minimum qualifications: Provided, further, That should teacher-applicants, whether they possess the minimum educational qualifications or not, be required to take competitive examinations, preference in making appointments shall be in the order of their respective ranks in said competitive examinations: And provided, finally, that the results of the examinations shall be made public and every applicant shall be furnished with his score and rank in said examinations.
Section 4. Probationary Period. - When recruitment takes place after adequate training and professional preparation in any school recognized by the Government, no probationary period preceding regular appointment shall be imposed if the teacher possesses the appropriate civil service eligibility: provided, however, that where, due to the exigencies of the service, it is necessary to employ as teacher a person who possesses the minimum educational qualifications herein above set forth but lacks the appropriate civil service eligibility, such person shall be appointed on a provisional status and shall undergo a period of probation for not less than one year from and after the date of his provisional appointment.
Section 5. Tenure of Office. - Stability on employment and security of tenure shall be assured the teachers as provided under existing laws.
Subject to the provisions of Section three hereof, teachers appointed on a provisional status for lack of necessary civil service eligibility shall be extended permanent appointment for the position he is holding after having rendered at least ten years of continuous, efficient and faithful service in such position.
Section 6. Consent for Transfer - Transportation Expenses. - Except for cause and as herein otherwise provided, no teacher shall be transferred without his consent from one station to another.
Where the exigencies of the service require the transfer of a teacher from one station to another, such transfer may be effected by the school superintendent who shall previously notify the teacher concerned of the transfer and the reason or reasons therefor. If the teacher believes there is no justification for the transfer, he may appeal his case to the Director of Public Schools or the Director of Vocational Education, as the case may be. Pending his appeal and the decision thereon, his transfer shall be held in abeyance: provided, however, that no transfers whatever shall be made three months before any local or national election.
Necessary transfer expenses of the teacher and his family shall be paid for by the Government if his transfer is finally approved.
Section 7. Code of Professional Conduct for Teachers. - Within six months from the approval of this Act, the Secretary of Education shall formulate and prepare a Code of Professional Conduct for Public School Teachers. A copy of the Code shall be furnished each teacher: provided, however, that where this is not possible by reason of inadequate fiscal resources of the Department of Education, at least three copies of the same Code shall be deposited with the office of the school principal or head teacher where they may be accessible for use by the teachers.
Section 8. Safeguards in Disciplinary Procedure. - Every teacher shall enjoy equitable safeguards at each stage of any disciplinary procedure and shall have:
a. the right to be informed, in writing, of the charges;
b. the right to full access to the evidence in the case;
c. the right to defend himself and to be defended by a representative of his choice and/or by his organization, adequate time being given to the teacher for the preparation of his defense; and
d. the right to appeal to clearly designated authorities.
No publicity shall be given to any disciplinary action being taken against a teacher during the pendency of his case.
Section 9. Administrative Charges. - Administrative charges against a teacher shall be heard initially by a committee composed of the corresponding School Superintendent of the Division or a duly authorized representative who should at least have the rank of a division supervisor, where the teacher belongs, as chairman, a representative of the local or, in its absence, any existing provincial or national teacher's organization and a supervisor of the Division, the last two to be designated by the Director of Public Schools. The committee shall submit its findings and recommendations to the Director of Public Schools within thirty days from the termination of the hearings: provided, however, that where the school superintendent is the complainant or an interested party, all the members of the committee shall be appointed by the Secretary of Education.
Section 10. No Discrimination. - There shall be no discrimination whatsoever in entrance to the teaching profession, or during its exercise, or in the termination of services, based on other than professional consideration.
Section 11. Married Teachers. - Whenever possible, the proper authorities shall take all steps to enable married couples, both of whom are public school teachers, to be employed in the same locality.
Section 12. Academic Freedom. - Teachers shall enjoy academic freedom in the discharge of their professional duties, particularly with regard to teaching and classroom methods.
III. HOURS OF WORK AND REMUNERATION
Section 13. Teaching Hours. - Any teacher engaged in actual classroom instruction shall not be required to render more than six hours of actual classroom teaching a day, which shall be so scheduled as to give him time for the preparation and correction of exercises and other work incidental to his normal teaching duties: provided, however, that where the exigencies of the service so require, any teacher may be required to render more than six hours but not exceeding eight hours of actual classroom teaching a day upon payment of additional compensation at the same rate as his regular remuneration plus at least twenty-five per cent of his basic pay.
Section 14. Additional Compensation. - Notwithstanding any provision of existing law to the contrary, co-curricula and out of school activities and any other activities outside of what is defined as normal duties of any teacher shall be paid an additional compensation of at least twenty-five per cent of his regular remuneration after the teacher has completed at least six hours of actual classroom teaching a day.
In the case of other teachers or school officials not engaged in actual classroom instruction, any work performed in excess of eight hours a day shall be paid an additional compensation of at least twenty-five per cent of their regular remuneration.
The agencies utilizing the services of teachers shall pay the additional compensation required under this Section. Education authorities shall refuse to allow the rendition of services of teachers for other government agencies without the assurance that the teachers shall be paid the remuneration provided for under this Section.
Section 15. Criteria for Salaries. - Teacher's salaries shall correspond to the following criteria:
(a) they shall compare favorably with those paid in other occupations requiring equivalent or similar qualifications, training and abilities;
(b) they shall be such as to insure teachers a reasonable standard of life for themselves and their families; and
(c) they shall be properly graded so as to recognize the fact that certain positions require higher qualifications and greater responsibility than others: Provided, however, That the general salary scale shall be such that the relation between the lowest and highest salaries paid in the profession will be of reasonable order. Narrowing of the salary scale shall be achieved by raising the lower end of the salary scales relative to the upper end.
Section 16. Salary Scale. - Salary scales of teachers shall provide for a gradual progression from a minimum to a maximum salary by means of regular increments, granted automatically after three years: provided, that the efficiency rating of the teacher concerned is at least satisfactory. The progression from the minimum to the maximum of the salary scale shall not extend over a period of ten years.
Section 17. Equality in Salary Scales. - The salary scales of teachers whose salaries are appropriated by a city, municipal, municipal district, or provincial government, shall not be less than those provided for teachers of the National Government.
Section 18. Cost of Living Allowance. - Teacher's salaries shall, at the very least, keep pace with the rise in the cost of living by the payment of a cost-of-living allowance which shall automatically follow changes in a cost-of-living index. The Secretary of Education shall, in consultation with the proper government entities, recommend to Congress, at least annually, the appropriation of the necessary funds for the cost-of-living allowances of teachers employed by the National Government. The determination of the cost-of-living allowances by the Secretary of Education shall, upon approval of the President of the Philippines, be binding on the city, municipal or provincial government, for the purposes of calculating the cost-of-living allowances of teachers under its employ.
Section 19. Special Hardship Allowances. - In areas in which teachers are exposed to hardship such as difficulty in commuting to the place of work or other hazards peculiar to the place of employment, as determined by the Secretary of Education, they shall be compensated special hardship allowances equivalent to at least twenty-five per cent of their monthly salary.
Section 20. Salaries to be Paid in Legal Tender. - Salaries of teachers shall be paid in legal tender of the Philippines or its equivalent in checks or treasury warrants. Provided, however, that such checks or treasury warrants shall be cashable in any national, provincial, city or municipal treasurer's office or any banking institutions operating under the laws of the Republic of the Philippines.
Section 21. Deductions Prohibited. - No person shall make any deduction whatsoever from the salaries of teachers except under specific authority of law authorizing such deductions: Provided, however, That upon written authority executed by the teacher concerned, (1) lawful dues and fees owing to the Philippine Public School Teachers Association, and (2) premiums properly due on insurance policies, shall be considered deductible.
IV. HEALTH MEASURES AND INJURY BENEFITS
Section 22. Medical Examination and Treatment. - Compulsory medical examination shall be provided free of charge for all teachers before they take up teaching, and shall be repeated not less than once a year during the teacher's professional life. Where medical examination show that medical treatment and/or hospitalization is necessary, same shall be provided free by the government entity paying the salary of the teachers.
In regions where there is scarcity of medical facilities, teachers may obtain elsewhere the necessary medical care with the right to be reimbursed for their traveling expenses by the government entity concerned in the first paragraph of this Section.
Section 23. Compensation For Injuries. - Teachers shall be protected against the consequences of employment injuries in accordance with existing laws. The effects of the physical and nervous strain on the teacher's health shall be recognized as a compensable occupational disease in accordance with existing laws.
V. LEAVE AND RETIREMENT BENEFITS
Section 24. Study Leave. - In addition to the leave privileges now enjoyed by teachers in the public schools, they shall be entitled to study leave not exceeding one school year after seven years of service. Such leave shall be granted in accordance with a schedule set by the Department of Education. During the period of such leave, the teachers shall be entitled to at least sixty per cent of their monthly salary: Provided, however, That no teacher shall be allowed to accumulate more than one year study leave, unless he needs an additional semester to finish his thesis for a graduate study in education or allied courses: Provided, further, That no compensation shall be due the teacher after the first year of such leave. In all cases, the study leave period shall be counted for seniority and pension purposes.
The compensation allowed for one year study leave as herein provided shall be subject to the condition that the teacher takes the regular study load and passes at least seventy-five per cent of his courses. Study leave of more than one year may be permitted by the Secretary of Education but without compensation.
Section 25. Indefinite Leave. - An indefinite sick leave of absence shall be granted to teachers when the nature of the illness demands a long treatment that will exceed one year at the least.
Section 26. Salary Increase upon Retirement. - Public school teachers having fulfilled the age and service requirements of the applicable retirement laws shall be given one range salary raise upon retirement, which shall be the basis of the computation of the lump sum of the retirement pay and the monthly benefits thereafter.
VI. TEACHER'S ORGANIZATION
Section 27. Freedom to Organize. - Public school teachers shall have the right to freely and without previous authorization both to establish and to join organizations of their choosing, whether local or national to further and defend their interests.
Section 28. Discrimination Against Teachers Prohibited. - The rights established in the immediately preceding Section shall be exercised without any interference or coercion. It shall be unlawful for any person to commit any acts of discrimination against teachers which are calculated to (a) make the employment of a teacher subject to the condition that he shall not join an organization, or shall relinquish membership in an organization, (b) to cause the dismissal of or otherwise prejudice a teacher by reason of his membership in an organization or because of participation in organization activities outside school hours, or with the consent of the proper school authorities, within school hours, and (c) to prevent him from carrying out the duties laid upon him by his position in the organization, or to penalize him for an action undertaken in that capacity.
Section 29. National Teacher's Organizations. - National teachers' organizations shall be consulted in the formulation of national educational policies and professional standards, and in the formulation of national policies governing the social security of the teachers.
VII. ADMINISTRATION AND ENFORCEMENT
Section 30. Rules and Regulations. - The Secretary of Education shall formulate and prepare the necessary rules and regulations to implement the provisions of this Act. Rules and regulations issued pursuant to this Section shall take effect thirty days after publication in a newspaper of general circulation and by such other means as the Secretary of Education deems reasonably sufficient to give interested parties general notice of such issuance.
Section 31. Budgetary Estimates. - The Secretary of Education shall submit to Congress annually the necessary budgetary estimates to implement the provisions of the Act concerning the benefits herein granted to public school teachers under the employ of the National Government.
Section 32. Penal Provision. - A person who shall wilfully interfere with, restrain or coerce any teacher in the exercise of his rights guaranteed by this Act or who shall in any other manner commit any act to defeat any of the provisions of this Act shall, upon conviction, be punished by a fine of not less than one hundred pesos nor more than one thousand pesos, or by imprisonment, in the discretion of the court.
If the offender is a public official, the court shall order his dismissal from the Government service.
Section 33. Repealing Clause. - All Acts or parts of Acts, executive orders and their implementing rules inconsistent with the provisions of this Act are hereby repealed, amended or modified accordingly.
Section 34. Separability Clause. - If any provision of this Act is declared invalid, the remainder of this Act or any provisions not affected thereby shall remain in force and in effect.
Section 35. This Act shall take effect upon its approval.
Approved, June 18, 1966.
I. DECLARATION OF POLICY - COVERAGE
Section 1. Declaration of Policy. - It is hereby declared to be the policy of this Act to promote and improve the social and economic status of public school teachers, their living and working conditions, their terms of employment and career prospects in order that they may compare favorably with existing opportunities in other walks of life, attract and retain in the teaching profession more people with the proper qualifications, it being recognized that advance in education depends on the qualifications and ability of the teaching staff and that education is an essential factor in the economic growth of the nation as a productive investment of vital importance.
Section 2. Title - Definition. - This Act shall be known as the "Magna Carta for Public School Teachers" and shall apply to all public school teachers except those in the professorial staff of state colleges and universities.
As used in this Act, the term "teacher" shall mean all persons engaged in classroom teaching, in any level of instruction, on full-time basis, including guidance counselors, school librarians, industrial arts or vocational instructors, and all other persons performing supervisory and/or administrative functions in all schools, colleges and universities operated by the Government or its political subdivisions; but shall not include school nurses, school physicians, school dentists, and other school employees.
II. RECRUITMENT AND CAREER
Section 3. Recruitment and Qualification. - Recruitment policy with respect to the selection and appointment of teachers shall be clearly defined by the Department of Education: Provided, however, That effective upon the approval of this Act, the following shall constitute the minimum educational qualifications for teacher-applicants:
(a) For teachers in the kindergarten and elementary grades, Bachelor's degree in Elementary Education (B.S.E.ED.);
(b) For teachers of the secondary schools, Bachelor's degree in Education or its equivalent with a major and a minor; or a Bachelor's degree in Arts or Science with at least eighteen professional units in Education.
(c) For teachers of secondary vocational and two years technical courses, Bachelor's degree in the field of specialization with at least eighteen professional units in education;
(d) For teachers of courses on the collegiate level, other than vocational, master's degree with a specific area of specialization;
Provided, further, That in the absence of applicants who possess the minimum educational qualifications as hereinabove provided, the school superintendent may appoint, under a temporary status, applicants who do not meet the minimum qualifications: Provided, further, That should teacher-applicants, whether they possess the minimum educational qualifications or not, be required to take competitive examinations, preference in making appointments shall be in the order of their respective ranks in said competitive examinations: And provided, finally, that the results of the examinations shall be made public and every applicant shall be furnished with his score and rank in said examinations.
Section 4. Probationary Period. - When recruitment takes place after adequate training and professional preparation in any school recognized by the Government, no probationary period preceding regular appointment shall be imposed if the teacher possesses the appropriate civil service eligibility: provided, however, that where, due to the exigencies of the service, it is necessary to employ as teacher a person who possesses the minimum educational qualifications herein above set forth but lacks the appropriate civil service eligibility, such person shall be appointed on a provisional status and shall undergo a period of probation for not less than one year from and after the date of his provisional appointment.
Section 5. Tenure of Office. - Stability on employment and security of tenure shall be assured the teachers as provided under existing laws.
Subject to the provisions of Section three hereof, teachers appointed on a provisional status for lack of necessary civil service eligibility shall be extended permanent appointment for the position he is holding after having rendered at least ten years of continuous, efficient and faithful service in such position.
Section 6. Consent for Transfer - Transportation Expenses. - Except for cause and as herein otherwise provided, no teacher shall be transferred without his consent from one station to another.
Where the exigencies of the service require the transfer of a teacher from one station to another, such transfer may be effected by the school superintendent who shall previously notify the teacher concerned of the transfer and the reason or reasons therefor. If the teacher believes there is no justification for the transfer, he may appeal his case to the Director of Public Schools or the Director of Vocational Education, as the case may be. Pending his appeal and the decision thereon, his transfer shall be held in abeyance: provided, however, that no transfers whatever shall be made three months before any local or national election.
Necessary transfer expenses of the teacher and his family shall be paid for by the Government if his transfer is finally approved.
Section 7. Code of Professional Conduct for Teachers. - Within six months from the approval of this Act, the Secretary of Education shall formulate and prepare a Code of Professional Conduct for Public School Teachers. A copy of the Code shall be furnished each teacher: provided, however, that where this is not possible by reason of inadequate fiscal resources of the Department of Education, at least three copies of the same Code shall be deposited with the office of the school principal or head teacher where they may be accessible for use by the teachers.
Section 8. Safeguards in Disciplinary Procedure. - Every teacher shall enjoy equitable safeguards at each stage of any disciplinary procedure and shall have:
a. the right to be informed, in writing, of the charges;
b. the right to full access to the evidence in the case;
c. the right to defend himself and to be defended by a representative of his choice and/or by his organization, adequate time being given to the teacher for the preparation of his defense; and
d. the right to appeal to clearly designated authorities.
No publicity shall be given to any disciplinary action being taken against a teacher during the pendency of his case.
Section 9. Administrative Charges. - Administrative charges against a teacher shall be heard initially by a committee composed of the corresponding School Superintendent of the Division or a duly authorized representative who should at least have the rank of a division supervisor, where the teacher belongs, as chairman, a representative of the local or, in its absence, any existing provincial or national teacher's organization and a supervisor of the Division, the last two to be designated by the Director of Public Schools. The committee shall submit its findings and recommendations to the Director of Public Schools within thirty days from the termination of the hearings: provided, however, that where the school superintendent is the complainant or an interested party, all the members of the committee shall be appointed by the Secretary of Education.
Section 10. No Discrimination. - There shall be no discrimination whatsoever in entrance to the teaching profession, or during its exercise, or in the termination of services, based on other than professional consideration.
Section 11. Married Teachers. - Whenever possible, the proper authorities shall take all steps to enable married couples, both of whom are public school teachers, to be employed in the same locality.
Section 12. Academic Freedom. - Teachers shall enjoy academic freedom in the discharge of their professional duties, particularly with regard to teaching and classroom methods.
III. HOURS OF WORK AND REMUNERATION
Section 13. Teaching Hours. - Any teacher engaged in actual classroom instruction shall not be required to render more than six hours of actual classroom teaching a day, which shall be so scheduled as to give him time for the preparation and correction of exercises and other work incidental to his normal teaching duties: provided, however, that where the exigencies of the service so require, any teacher may be required to render more than six hours but not exceeding eight hours of actual classroom teaching a day upon payment of additional compensation at the same rate as his regular remuneration plus at least twenty-five per cent of his basic pay.
Section 14. Additional Compensation. - Notwithstanding any provision of existing law to the contrary, co-curricula and out of school activities and any other activities outside of what is defined as normal duties of any teacher shall be paid an additional compensation of at least twenty-five per cent of his regular remuneration after the teacher has completed at least six hours of actual classroom teaching a day.
In the case of other teachers or school officials not engaged in actual classroom instruction, any work performed in excess of eight hours a day shall be paid an additional compensation of at least twenty-five per cent of their regular remuneration.
The agencies utilizing the services of teachers shall pay the additional compensation required under this Section. Education authorities shall refuse to allow the rendition of services of teachers for other government agencies without the assurance that the teachers shall be paid the remuneration provided for under this Section.
Section 15. Criteria for Salaries. - Teacher's salaries shall correspond to the following criteria:
(a) they shall compare favorably with those paid in other occupations requiring equivalent or similar qualifications, training and abilities;
(b) they shall be such as to insure teachers a reasonable standard of life for themselves and their families; and
(c) they shall be properly graded so as to recognize the fact that certain positions require higher qualifications and greater responsibility than others: Provided, however, That the general salary scale shall be such that the relation between the lowest and highest salaries paid in the profession will be of reasonable order. Narrowing of the salary scale shall be achieved by raising the lower end of the salary scales relative to the upper end.
Section 16. Salary Scale. - Salary scales of teachers shall provide for a gradual progression from a minimum to a maximum salary by means of regular increments, granted automatically after three years: provided, that the efficiency rating of the teacher concerned is at least satisfactory. The progression from the minimum to the maximum of the salary scale shall not extend over a period of ten years.
Section 17. Equality in Salary Scales. - The salary scales of teachers whose salaries are appropriated by a city, municipal, municipal district, or provincial government, shall not be less than those provided for teachers of the National Government.
Section 18. Cost of Living Allowance. - Teacher's salaries shall, at the very least, keep pace with the rise in the cost of living by the payment of a cost-of-living allowance which shall automatically follow changes in a cost-of-living index. The Secretary of Education shall, in consultation with the proper government entities, recommend to Congress, at least annually, the appropriation of the necessary funds for the cost-of-living allowances of teachers employed by the National Government. The determination of the cost-of-living allowances by the Secretary of Education shall, upon approval of the President of the Philippines, be binding on the city, municipal or provincial government, for the purposes of calculating the cost-of-living allowances of teachers under its employ.
Section 19. Special Hardship Allowances. - In areas in which teachers are exposed to hardship such as difficulty in commuting to the place of work or other hazards peculiar to the place of employment, as determined by the Secretary of Education, they shall be compensated special hardship allowances equivalent to at least twenty-five per cent of their monthly salary.
Section 20. Salaries to be Paid in Legal Tender. - Salaries of teachers shall be paid in legal tender of the Philippines or its equivalent in checks or treasury warrants. Provided, however, that such checks or treasury warrants shall be cashable in any national, provincial, city or municipal treasurer's office or any banking institutions operating under the laws of the Republic of the Philippines.
Section 21. Deductions Prohibited. - No person shall make any deduction whatsoever from the salaries of teachers except under specific authority of law authorizing such deductions: Provided, however, That upon written authority executed by the teacher concerned, (1) lawful dues and fees owing to the Philippine Public School Teachers Association, and (2) premiums properly due on insurance policies, shall be considered deductible.
IV. HEALTH MEASURES AND INJURY BENEFITS
Section 22. Medical Examination and Treatment. - Compulsory medical examination shall be provided free of charge for all teachers before they take up teaching, and shall be repeated not less than once a year during the teacher's professional life. Where medical examination show that medical treatment and/or hospitalization is necessary, same shall be provided free by the government entity paying the salary of the teachers.
In regions where there is scarcity of medical facilities, teachers may obtain elsewhere the necessary medical care with the right to be reimbursed for their traveling expenses by the government entity concerned in the first paragraph of this Section.
Section 23. Compensation For Injuries. - Teachers shall be protected against the consequences of employment injuries in accordance with existing laws. The effects of the physical and nervous strain on the teacher's health shall be recognized as a compensable occupational disease in accordance with existing laws.
V. LEAVE AND RETIREMENT BENEFITS
Section 24. Study Leave. - In addition to the leave privileges now enjoyed by teachers in the public schools, they shall be entitled to study leave not exceeding one school year after seven years of service. Such leave shall be granted in accordance with a schedule set by the Department of Education. During the period of such leave, the teachers shall be entitled to at least sixty per cent of their monthly salary: Provided, however, That no teacher shall be allowed to accumulate more than one year study leave, unless he needs an additional semester to finish his thesis for a graduate study in education or allied courses: Provided, further, That no compensation shall be due the teacher after the first year of such leave. In all cases, the study leave period shall be counted for seniority and pension purposes.
The compensation allowed for one year study leave as herein provided shall be subject to the condition that the teacher takes the regular study load and passes at least seventy-five per cent of his courses. Study leave of more than one year may be permitted by the Secretary of Education but without compensation.
Section 25. Indefinite Leave. - An indefinite sick leave of absence shall be granted to teachers when the nature of the illness demands a long treatment that will exceed one year at the least.
Section 26. Salary Increase upon Retirement. - Public school teachers having fulfilled the age and service requirements of the applicable retirement laws shall be given one range salary raise upon retirement, which shall be the basis of the computation of the lump sum of the retirement pay and the monthly benefits thereafter.
VI. TEACHER'S ORGANIZATION
Section 27. Freedom to Organize. - Public school teachers shall have the right to freely and without previous authorization both to establish and to join organizations of their choosing, whether local or national to further and defend their interests.
Section 28. Discrimination Against Teachers Prohibited. - The rights established in the immediately preceding Section shall be exercised without any interference or coercion. It shall be unlawful for any person to commit any acts of discrimination against teachers which are calculated to (a) make the employment of a teacher subject to the condition that he shall not join an organization, or shall relinquish membership in an organization, (b) to cause the dismissal of or otherwise prejudice a teacher by reason of his membership in an organization or because of participation in organization activities outside school hours, or with the consent of the proper school authorities, within school hours, and (c) to prevent him from carrying out the duties laid upon him by his position in the organization, or to penalize him for an action undertaken in that capacity.
Section 29. National Teacher's Organizations. - National teachers' organizations shall be consulted in the formulation of national educational policies and professional standards, and in the formulation of national policies governing the social security of the teachers.
VII. ADMINISTRATION AND ENFORCEMENT
Section 30. Rules and Regulations. - The Secretary of Education shall formulate and prepare the necessary rules and regulations to implement the provisions of this Act. Rules and regulations issued pursuant to this Section shall take effect thirty days after publication in a newspaper of general circulation and by such other means as the Secretary of Education deems reasonably sufficient to give interested parties general notice of such issuance.
Section 31. Budgetary Estimates. - The Secretary of Education shall submit to Congress annually the necessary budgetary estimates to implement the provisions of the Act concerning the benefits herein granted to public school teachers under the employ of the National Government.
Section 32. Penal Provision. - A person who shall wilfully interfere with, restrain or coerce any teacher in the exercise of his rights guaranteed by this Act or who shall in any other manner commit any act to defeat any of the provisions of this Act shall, upon conviction, be punished by a fine of not less than one hundred pesos nor more than one thousand pesos, or by imprisonment, in the discretion of the court.
If the offender is a public official, the court shall order his dismissal from the Government service.
Section 33. Repealing Clause. - All Acts or parts of Acts, executive orders and their implementing rules inconsistent with the provisions of this Act are hereby repealed, amended or modified accordingly.
Section 34. Separability Clause. - If any provision of this Act is declared invalid, the remainder of this Act or any provisions not affected thereby shall remain in force and in effect.
Section 35. This Act shall take effect upon its approval.
Approved, June 18, 1966.
The Law Creating Local School Boards for Collection of Proceeds for Special Education | RA 5447
AN ACT CREATING A SPECIAL EDUCATION FUND TO BE CONSTITUTED FROM THE PROCEEDS OF AN ADDITIONAL REAL PROPERTY TAX AND A CERTAIN PORTION OF THE TAXES ON VIRGINIA-TYPE CIGARETTES AND DUTIES ON IMPORTED LEAF TOBACCO, DEFINING THE ACTIVITIES TO BE FINANCED, CREATING SCHOOL BOARDS FOR THE PURPOSE, AND APPROPRIATING FUNDS THEREFROM
SECTION 1. Declaration of policy; creation of Special Education Fund. - It is hereby declared to be the policy of the government to contribute to the financial support of the goals of education as provided by the Constitution. For this purpose, there is hereby created a Special Education Fund, hereinafter referred to as the Fund, to be derived from the additional tax on real property and from a certain portion of the taxes on Virginia-type cigarettes and duties on imported leaf tobacco, hereinafter provided for, which shall be expended exclusively for the following activities of the Department of Education:
(a) the organization and operation of such number of extension classes as may be needed to accommodate all children of school age desiring to enter Grade I, including the creation of positions of classroom teachers, head teachers and principals for such extension classes, which shall not exceed the standard requirements of the Bureau of Public Schools: Provided, That under equal circumstances, in the opening of such extension classes, priority shall be given to the needs of barrios;
(b) the programming of the construction and repair of elementary school buildings, acquisition of sites, and the construction and repair of workshops and similar buildings and accessories thereof to house laboratory, technical and similar equipment and apparatus needed by public schools offering practical arts, home economics and vocational courses, giving priority to elementary schools on the basis of the actual needs and total requirements of the country: Provided, That the construction and repair shall be undertaken by the Bureau of Public Works in coordination with the Bureau of Public Schools or Bureau of Vocational Education, as the case may be, and the local school board: Provided, further, That in cases where the cost of the school project does not exceed ten thousand pesos the construction and repair may be undertaken by negotiated contract by the Parents-Teachers Association or by the barrio councils concerned under the supervision and direction of the Bureau of Public Works;
(c) the payment and adjustment of salaries of public school teachers under and by virtue of Republic Act Numbered Five thousand one hundred sixty-eight and all the benefits in favor of public school teachers provided under Republic Act Numbered Four thousand six hundred seventy;
(d) the preparation, printing and/or purchase of textbooks, teachers' guides, forms and pamphlets, approved in accordance with existing laws to be used in all public schools;
(e) the purchase and/or improvement, repair and refurbishing of machinery, laboratory, technical and similar equipment and apparatus, including spare parts needed by the Bureau of Vocational Education and secondary schools offering vocational courses;
(f) the establishment of a printing plant to be used exclusively for the printing needs of the Department of Education and the improvement of regional printing plants in the vocational schools;
(g) the purchase of teaching materials such as workbooks, atlases, flip charts, science and mathematics teaching aids, and simple laboratory devices for elementary and secondary classes;
(h) the implementation of the existing program for citizenship development in barrio high schools, folk schools and adult education classes;
(i) the undertaking of education research, including that of the Board of National Education;
(j) the granting of government scholarships to poor but deserving students under Republic Act Numbered Four thousand ninety; and
(k) the promotion of physical education, such as athletic meets.
SECTION 2. Financing sources of the Fund. - This Fund shall consist of the proceeds of the following taxes:
(a) a portion of the taxes on Virginia-type cigarettes and duties on imported leaf tobacco; and
(b) an additional tax on real property.
SECTION 3. Allocation of the taxes on Virginia-type cigarettes and the duties on imported leaf tobacco. - The entire collection from specific taxes on locally-manufactured Virginia-type cigarettes and tariff duties on imported leaf tobacco shall be allocated as follows:
The share of the local governments in the regular internal revenue allotment as provided for in Commonwealth Act Numbered Four hundred eighty-six, as amended by Republic Act Numbered Seven hundred eighty-one, as further amended by Republic Act Numbered Five thousand one hundred eighty-five, shall be computed and set aside for distribution to local governments in accordance with existing laws.
One per centum of the entire collection shall be retained by the Bureau of Internal Revenue for the purchase of strip stamps, apparatus, equipment, as well as improvement and adoption of modern methods for the effective enforcement and collection of the specific taxes mentioned in this section.
The balance shall be distributed as follows: ten per centum to the national share of the Fund; forty per centum to the Philippine Virginia Tobacco Administration Tobacco Fund created under Republic Act Numbered Four thousand one hundred fifty-five; and fifty per centum to the general fund of the National Government.
SECTION 4. Imposition of additional tax on real property; disposition of proceeds. - There is hereby imposed an annual additional tax of one per centum on the assessed value of real property in addition to the real property tax regularly levied thereon under existing laws: Provided, That when the entire total assessed valuation of real property assessable to any one person is not in excess of three thousand pesos, the additional tax thereon shall not be collected: Provided, further, That the total real property tax shall not exceed a maximum of three per centum.
Article three of Commonwealth Act Numbered Four hundred seventy and the pertinent provisions of the corresponding charters of chartered cities to the contrary notwithstanding, the basic and the additional real property tax shall be due and payable in four equal installments; the first installment shall be due and payable on or before March 31; the second installment, on or before June 30; the third installment, on or before September 30; and the last installment, on or before December 31.
The assessment already made or to be made under Commonwealth Act Numbered Four hundred seventy and under other applicable laws shall constitute the basis for assessment and collection of the additional levy under this Act. It shall be collected by the municipal or city treasurer where the real property is situated and distributed as follows:
A. Collections in the municipalities:
(1) Fifty per cent shall be retained by the municipality;
(2) Twenty per cent shall be remitted to the provincial treasurer of the province; and
(3) Thirty per cent shall be remitted to the Treasurer of the Philippines to be expended exclusively for stabilizing the Special Education Fund in the municipalities, cities and provinces under Section seven of this Act.
B. Collections in the cities;
(1) Sixty per cent shall be retained by the city; and
(2) Forty per cent shall be remitted to the Treasurer of the Philippines to be expended exclusively for stabilizing the Special Education Fund in municipalities, cities and provinces under Section seven of this Act.
SECTION 5. Creation of Local School Boards. - In every province, city or municipality, there shall be established a Provincial School Board, City School Board, or Municipal School Board, respectively, which shall be composed of the following:
A. Provincial School Board:
(1) Division Superintendent of Schools - Chairman
(2) Representative of the Provincial Governor
(3) Provincial Treasurer
(4) The Representative of the Provincial Board to be chosen by the Board from among its members.
(5) The President or the duly-elected representative of the League of Parents-Teachers Associations.
B. City School Board:
(1) City Superintendent of Schools - Chairman
(2) Representative of the City Mayor
(3) City Treasurer
(4) The Representative of the City Council chosen by the Council from among its members
(5) The President or the duly-elected representative of the League of Parents-Teachers Associations.
C. Municipal School Board:
(1) District Supervisor - Chairman
(2) Representative of the Municipal Mayor
(3) Municipal Treasurer
(4) The Representative of the Municipal Council chosen by the Council from among the members of the Council
(5) The President or the duly-elected representative of the League of Parents-Teachers Associations.
The performance of the duties and responsibilities of the above-named persons once appointed or nominated shall not be delegated.
SECTION 6. Functions of provincial, city or municipal school boards. - Provincial, city and municipal school boards shall have the following functions:
(a) Determine, in accordance with the criteria set by the Bureau of Public Schools or by the Bureau of Vocational Education, as the case may be, and approved by the Secretary of Education, the annual budgetary needs for the operation and maintenance of public schools within the province, city or municipality and the cost of adequately meeting such needs which shall be prepared in the form of an annual school budget corresponding to their respective shares of the proceeds of the additional real property tax.
(b) Apply to the Bureau of Public Schools or to the Bureau of Vocational Education, as the case may be, through the Division Superintendent of Schools or Superintendent of Vocational Education, for a share in the fund established under Section 4A (3) and 4B (2) hereof, which share, upon approval of the application therefor, shall be remitted to the provincial, city or municipal treasurer concerned.
(c) Authorize the provincial, city or municipal treasurer as the case may be, to disburse funds from the provincial, city or municipal share in the Special Education Fund pursuant to the budget prepared under Section seven hereof and in accordance with the rules and regulations to be promulgated under Section ten of this Act; and
(d) Discharge such other functions and duties as the Bureau of Public Schools or the Bureau of Vocational Education, as the case may be, may assign to them.
The chairman and members of the provincial, city or municipal school boards, shall perform their duties as such without compensation or remuneration: Provided, however, That members thereof who are not government officials shall be entitled to necessary travelling expenses chargeable against their corresponding funds. The boards shall meet at least once a month or as often as the chairman or majority of the members shall convene the same. Three shall form a quorum and the chairman must always be present when the special school budget is being prepared: Provided, That the affirmative vote of three shall be necessary to approve the budget.
SECTION 7. Expenditure of the Special Education Fund. - Each school board shall prepare not later than August 15 each year the budget of receipts and expenditures for the ensuing fiscal year to carry out the purpose of this Act. Budgets prepared and approved in accordance with Republic Act Numbered Five thousand one hundred sixty-eight and other existing laws, administrative rules and regulations by provincial, city or municipal school boards shall be final and executory upon approval of the budget by the boards unless an appropriate appeal is taken within fifteen days from the date of the approval of the budget with the Director of Public Schools or the Director of the Bureau of Vocational Education, as the case may be, for final decision within thirty days upon receipt of the appeal under rules and regulations to be promulgated by the Secretary of Education. Any school need which cannot be covered by the budget of receipts and expenditures shall be forwarded to the Department of Education, through the Bureau of Public Schools or the Bureau of Vocational Education, as the case may be, together with the approved special budget for the ensuing fiscal year for its information.
Expenditure of the share of the National Government out of the Special Education Fund shall be in pursuance of appropriations made by the law which shall be included in the budgets of the Bureau of Public Schools and the Bureau of Vocational Education in the annual General Appropriations Acts: Provided, however, That in allocating the Fund corresponding to the National Government, the Department of Education shall follow a schedule of priorities starting with the municipalities, cities or provinces belonging to the lowest classification made by the Department of Finance under Section two thousand one hundred seventy-one of the Revised Administrative Code, as amended by Section one of Republic Act Numbered Two thousand three hundred sixty-eight: Provided, finally, That starting with the fourth year from the approval of this Act, municipalities, cities and provinces enjoying priority shall continue to be entitled thereto provided their total collection from real estate taxes during the preceding three fiscal years shall have increased by an average of at least fifteen per cent.
The collections accruing to the said Fund during the fiscal year ending June 30, 1969, are hereby appropriated to fund the appropriations from the general and bond funds for the Bureau of Public Schools and the Bureau of Vocational Education which cannot be programmed for expenditure for lack of funds: Provided, That the following sums are hereby appropriated strictly in accordance with the following schedule of priorities:
(a) Twenty million pesos, or so much thereof as may be necessary, for the adjustment and payment of salaries of public school teachers under Republic Act Numbered Five thousand one hundred sixty-eight;
(b) Five million pesos, or so much thereof as may be necessary, for the repair of school buildings and building accessories;
(c) Five million pesos, or so much thereof as may be necessary, as aid to barrio high schools;
(d) Two million pesos, or so much thereof as may be necessary, for the granting of government scholarships to poor but deserving students under Republic Act Numbered Four thousand ninety;
(e) Four million pesos, or so much thereof as may be necessary, for the acquisition and establishment of an adequate printing plant to be used exclusively for the printing of textbooks, teaching materials and other printing needs of the Department of Education: Provided, That the operation and maintenance of the said printing plant shall be undertaken by the Bureau of Printing;
(f) One million pesos, or so much thereof as may be necessary, for expenses in connection with the holding of the Bureau of Public Schools 1969 Interscholastic Meet; and
(g) Five hundred thousand pesos, or so much thereof as may be necessary, for education research, including that of the Board of National Education.
SECTION 8. Administrative provisions. - All administrative, special and general provisions of law, including those pertaining to the assessment, remission, collection, and refund of real property taxes not inconsistent with the provisions of this Act are made applicable in respect to the additional tax on real property.
SECTION 9. Turnover of the collections; release of the Fund is ministerial. - The municipal or city treasurers concerned shall retain the shares of the municipal or city government and turn over the portions of their collections of the taxes and penalties mentioned in Section four hereof appertaining, as the case may be, to the provincial government and/or to the National Government to the respective treasurers thereof monthly within fifteen days of every succeeding month. No portion of the collections may be transferred or diverted to the general or any of other fund of the National Government, provinces, cities or municipalities, or used or expended for any purpose other than those specified in this Act. It shall be the ministerial duty of the Budget Commissioner, the Treasurer of the Philippines, all municipal, provincial and city treasurers, as well as of the officials and employees under their supervision and control to effect releases from the Fund within fifteen days from receipt of the order and/or authorization by the Secretary of Education, in respect to the share of the National Government from the Fund, and by the municipal, city or provincial school boards, in respect to their respective shares from the Fund.
SECTION 10. Rules and Regulations. - The Secretary of Education and the Secretary of Finance, upon the recommendation of the Director of Public Schools, the Director of Vocational Education and the Treasurer of the Philippines, as the case may be, shall promulgate all rules and regulations for the effective enforcement of the provisions of this Act pertaining to their respective jurisdictions, and shall cause the same to be published within fifteen days from promulgation, in three newspapers of general circulation in the Philippines and shall take effect as such, fifteen days after their publication.
SECTION 11. Penal provision. - Any person who fails or refuses to turn over collections of the taxes and penalties mentioned in this Act within the period fixed in Section nine hereof, or who delays, obstructs, or prevents the same; or who fails or refuses to effect releases from the Fund within the period fixed in Section nine hereof, or who delays, obstructs or prevents the same; or who orders, causes, or effects the transfer or diversion of the collections of this Fund or any portion thereof, shall be punished with a fine not exceeding ten thousand pesos or imprisonment not exceeding six years, or both, in the discretion of the court. If the offender is a government official or employee, he shall, in addition, be dismissed from the service with prejudice to reinstatement and with disqualification for election or appointment to any public office.
SECTION 12. Separability clause. - The provisions of this Act are hereby declared to be separable, and in the event any part, section or provision of this Act is held invalid or unconstitutional, no other part, section or provision thereof shall be affected thereby.
SECTION 13. Repealing clause. - All Acts, parts of Acts, executive orders, ordinances, rules and regulations which are inconsistent with the provisions of this Act are hereby repealed, amended or modified accordingly.
SECTION 14. Effectivity. - This Act shall take effect on January first, nineteen hundred and sixty-nine except the allocation under Section three which shall take effect upon approval of this Act.
Approved, September 25, 1968.
SECTION 1. Declaration of policy; creation of Special Education Fund. - It is hereby declared to be the policy of the government to contribute to the financial support of the goals of education as provided by the Constitution. For this purpose, there is hereby created a Special Education Fund, hereinafter referred to as the Fund, to be derived from the additional tax on real property and from a certain portion of the taxes on Virginia-type cigarettes and duties on imported leaf tobacco, hereinafter provided for, which shall be expended exclusively for the following activities of the Department of Education:
(a) the organization and operation of such number of extension classes as may be needed to accommodate all children of school age desiring to enter Grade I, including the creation of positions of classroom teachers, head teachers and principals for such extension classes, which shall not exceed the standard requirements of the Bureau of Public Schools: Provided, That under equal circumstances, in the opening of such extension classes, priority shall be given to the needs of barrios;
(b) the programming of the construction and repair of elementary school buildings, acquisition of sites, and the construction and repair of workshops and similar buildings and accessories thereof to house laboratory, technical and similar equipment and apparatus needed by public schools offering practical arts, home economics and vocational courses, giving priority to elementary schools on the basis of the actual needs and total requirements of the country: Provided, That the construction and repair shall be undertaken by the Bureau of Public Works in coordination with the Bureau of Public Schools or Bureau of Vocational Education, as the case may be, and the local school board: Provided, further, That in cases where the cost of the school project does not exceed ten thousand pesos the construction and repair may be undertaken by negotiated contract by the Parents-Teachers Association or by the barrio councils concerned under the supervision and direction of the Bureau of Public Works;
(c) the payment and adjustment of salaries of public school teachers under and by virtue of Republic Act Numbered Five thousand one hundred sixty-eight and all the benefits in favor of public school teachers provided under Republic Act Numbered Four thousand six hundred seventy;
(d) the preparation, printing and/or purchase of textbooks, teachers' guides, forms and pamphlets, approved in accordance with existing laws to be used in all public schools;
(e) the purchase and/or improvement, repair and refurbishing of machinery, laboratory, technical and similar equipment and apparatus, including spare parts needed by the Bureau of Vocational Education and secondary schools offering vocational courses;
(f) the establishment of a printing plant to be used exclusively for the printing needs of the Department of Education and the improvement of regional printing plants in the vocational schools;
(g) the purchase of teaching materials such as workbooks, atlases, flip charts, science and mathematics teaching aids, and simple laboratory devices for elementary and secondary classes;
(h) the implementation of the existing program for citizenship development in barrio high schools, folk schools and adult education classes;
(i) the undertaking of education research, including that of the Board of National Education;
(j) the granting of government scholarships to poor but deserving students under Republic Act Numbered Four thousand ninety; and
(k) the promotion of physical education, such as athletic meets.
SECTION 2. Financing sources of the Fund. - This Fund shall consist of the proceeds of the following taxes:
(a) a portion of the taxes on Virginia-type cigarettes and duties on imported leaf tobacco; and
(b) an additional tax on real property.
SECTION 3. Allocation of the taxes on Virginia-type cigarettes and the duties on imported leaf tobacco. - The entire collection from specific taxes on locally-manufactured Virginia-type cigarettes and tariff duties on imported leaf tobacco shall be allocated as follows:
The share of the local governments in the regular internal revenue allotment as provided for in Commonwealth Act Numbered Four hundred eighty-six, as amended by Republic Act Numbered Seven hundred eighty-one, as further amended by Republic Act Numbered Five thousand one hundred eighty-five, shall be computed and set aside for distribution to local governments in accordance with existing laws.
One per centum of the entire collection shall be retained by the Bureau of Internal Revenue for the purchase of strip stamps, apparatus, equipment, as well as improvement and adoption of modern methods for the effective enforcement and collection of the specific taxes mentioned in this section.
The balance shall be distributed as follows: ten per centum to the national share of the Fund; forty per centum to the Philippine Virginia Tobacco Administration Tobacco Fund created under Republic Act Numbered Four thousand one hundred fifty-five; and fifty per centum to the general fund of the National Government.
SECTION 4. Imposition of additional tax on real property; disposition of proceeds. - There is hereby imposed an annual additional tax of one per centum on the assessed value of real property in addition to the real property tax regularly levied thereon under existing laws: Provided, That when the entire total assessed valuation of real property assessable to any one person is not in excess of three thousand pesos, the additional tax thereon shall not be collected: Provided, further, That the total real property tax shall not exceed a maximum of three per centum.
Article three of Commonwealth Act Numbered Four hundred seventy and the pertinent provisions of the corresponding charters of chartered cities to the contrary notwithstanding, the basic and the additional real property tax shall be due and payable in four equal installments; the first installment shall be due and payable on or before March 31; the second installment, on or before June 30; the third installment, on or before September 30; and the last installment, on or before December 31.
The assessment already made or to be made under Commonwealth Act Numbered Four hundred seventy and under other applicable laws shall constitute the basis for assessment and collection of the additional levy under this Act. It shall be collected by the municipal or city treasurer where the real property is situated and distributed as follows:
A. Collections in the municipalities:
(1) Fifty per cent shall be retained by the municipality;
(2) Twenty per cent shall be remitted to the provincial treasurer of the province; and
(3) Thirty per cent shall be remitted to the Treasurer of the Philippines to be expended exclusively for stabilizing the Special Education Fund in the municipalities, cities and provinces under Section seven of this Act.
B. Collections in the cities;
(1) Sixty per cent shall be retained by the city; and
(2) Forty per cent shall be remitted to the Treasurer of the Philippines to be expended exclusively for stabilizing the Special Education Fund in municipalities, cities and provinces under Section seven of this Act.
SECTION 5. Creation of Local School Boards. - In every province, city or municipality, there shall be established a Provincial School Board, City School Board, or Municipal School Board, respectively, which shall be composed of the following:
A. Provincial School Board:
(1) Division Superintendent of Schools - Chairman
(2) Representative of the Provincial Governor
(3) Provincial Treasurer
(4) The Representative of the Provincial Board to be chosen by the Board from among its members.
(5) The President or the duly-elected representative of the League of Parents-Teachers Associations.
B. City School Board:
(1) City Superintendent of Schools - Chairman
(2) Representative of the City Mayor
(3) City Treasurer
(4) The Representative of the City Council chosen by the Council from among its members
(5) The President or the duly-elected representative of the League of Parents-Teachers Associations.
C. Municipal School Board:
(1) District Supervisor - Chairman
(2) Representative of the Municipal Mayor
(3) Municipal Treasurer
(4) The Representative of the Municipal Council chosen by the Council from among the members of the Council
(5) The President or the duly-elected representative of the League of Parents-Teachers Associations.
The performance of the duties and responsibilities of the above-named persons once appointed or nominated shall not be delegated.
SECTION 6. Functions of provincial, city or municipal school boards. - Provincial, city and municipal school boards shall have the following functions:
(a) Determine, in accordance with the criteria set by the Bureau of Public Schools or by the Bureau of Vocational Education, as the case may be, and approved by the Secretary of Education, the annual budgetary needs for the operation and maintenance of public schools within the province, city or municipality and the cost of adequately meeting such needs which shall be prepared in the form of an annual school budget corresponding to their respective shares of the proceeds of the additional real property tax.
(b) Apply to the Bureau of Public Schools or to the Bureau of Vocational Education, as the case may be, through the Division Superintendent of Schools or Superintendent of Vocational Education, for a share in the fund established under Section 4A (3) and 4B (2) hereof, which share, upon approval of the application therefor, shall be remitted to the provincial, city or municipal treasurer concerned.
(c) Authorize the provincial, city or municipal treasurer as the case may be, to disburse funds from the provincial, city or municipal share in the Special Education Fund pursuant to the budget prepared under Section seven hereof and in accordance with the rules and regulations to be promulgated under Section ten of this Act; and
(d) Discharge such other functions and duties as the Bureau of Public Schools or the Bureau of Vocational Education, as the case may be, may assign to them.
The chairman and members of the provincial, city or municipal school boards, shall perform their duties as such without compensation or remuneration: Provided, however, That members thereof who are not government officials shall be entitled to necessary travelling expenses chargeable against their corresponding funds. The boards shall meet at least once a month or as often as the chairman or majority of the members shall convene the same. Three shall form a quorum and the chairman must always be present when the special school budget is being prepared: Provided, That the affirmative vote of three shall be necessary to approve the budget.
SECTION 7. Expenditure of the Special Education Fund. - Each school board shall prepare not later than August 15 each year the budget of receipts and expenditures for the ensuing fiscal year to carry out the purpose of this Act. Budgets prepared and approved in accordance with Republic Act Numbered Five thousand one hundred sixty-eight and other existing laws, administrative rules and regulations by provincial, city or municipal school boards shall be final and executory upon approval of the budget by the boards unless an appropriate appeal is taken within fifteen days from the date of the approval of the budget with the Director of Public Schools or the Director of the Bureau of Vocational Education, as the case may be, for final decision within thirty days upon receipt of the appeal under rules and regulations to be promulgated by the Secretary of Education. Any school need which cannot be covered by the budget of receipts and expenditures shall be forwarded to the Department of Education, through the Bureau of Public Schools or the Bureau of Vocational Education, as the case may be, together with the approved special budget for the ensuing fiscal year for its information.
Expenditure of the share of the National Government out of the Special Education Fund shall be in pursuance of appropriations made by the law which shall be included in the budgets of the Bureau of Public Schools and the Bureau of Vocational Education in the annual General Appropriations Acts: Provided, however, That in allocating the Fund corresponding to the National Government, the Department of Education shall follow a schedule of priorities starting with the municipalities, cities or provinces belonging to the lowest classification made by the Department of Finance under Section two thousand one hundred seventy-one of the Revised Administrative Code, as amended by Section one of Republic Act Numbered Two thousand three hundred sixty-eight: Provided, finally, That starting with the fourth year from the approval of this Act, municipalities, cities and provinces enjoying priority shall continue to be entitled thereto provided their total collection from real estate taxes during the preceding three fiscal years shall have increased by an average of at least fifteen per cent.
The collections accruing to the said Fund during the fiscal year ending June 30, 1969, are hereby appropriated to fund the appropriations from the general and bond funds for the Bureau of Public Schools and the Bureau of Vocational Education which cannot be programmed for expenditure for lack of funds: Provided, That the following sums are hereby appropriated strictly in accordance with the following schedule of priorities:
(a) Twenty million pesos, or so much thereof as may be necessary, for the adjustment and payment of salaries of public school teachers under Republic Act Numbered Five thousand one hundred sixty-eight;
(b) Five million pesos, or so much thereof as may be necessary, for the repair of school buildings and building accessories;
(c) Five million pesos, or so much thereof as may be necessary, as aid to barrio high schools;
(d) Two million pesos, or so much thereof as may be necessary, for the granting of government scholarships to poor but deserving students under Republic Act Numbered Four thousand ninety;
(e) Four million pesos, or so much thereof as may be necessary, for the acquisition and establishment of an adequate printing plant to be used exclusively for the printing of textbooks, teaching materials and other printing needs of the Department of Education: Provided, That the operation and maintenance of the said printing plant shall be undertaken by the Bureau of Printing;
(f) One million pesos, or so much thereof as may be necessary, for expenses in connection with the holding of the Bureau of Public Schools 1969 Interscholastic Meet; and
(g) Five hundred thousand pesos, or so much thereof as may be necessary, for education research, including that of the Board of National Education.
SECTION 8. Administrative provisions. - All administrative, special and general provisions of law, including those pertaining to the assessment, remission, collection, and refund of real property taxes not inconsistent with the provisions of this Act are made applicable in respect to the additional tax on real property.
SECTION 9. Turnover of the collections; release of the Fund is ministerial. - The municipal or city treasurers concerned shall retain the shares of the municipal or city government and turn over the portions of their collections of the taxes and penalties mentioned in Section four hereof appertaining, as the case may be, to the provincial government and/or to the National Government to the respective treasurers thereof monthly within fifteen days of every succeeding month. No portion of the collections may be transferred or diverted to the general or any of other fund of the National Government, provinces, cities or municipalities, or used or expended for any purpose other than those specified in this Act. It shall be the ministerial duty of the Budget Commissioner, the Treasurer of the Philippines, all municipal, provincial and city treasurers, as well as of the officials and employees under their supervision and control to effect releases from the Fund within fifteen days from receipt of the order and/or authorization by the Secretary of Education, in respect to the share of the National Government from the Fund, and by the municipal, city or provincial school boards, in respect to their respective shares from the Fund.
SECTION 10. Rules and Regulations. - The Secretary of Education and the Secretary of Finance, upon the recommendation of the Director of Public Schools, the Director of Vocational Education and the Treasurer of the Philippines, as the case may be, shall promulgate all rules and regulations for the effective enforcement of the provisions of this Act pertaining to their respective jurisdictions, and shall cause the same to be published within fifteen days from promulgation, in three newspapers of general circulation in the Philippines and shall take effect as such, fifteen days after their publication.
SECTION 11. Penal provision. - Any person who fails or refuses to turn over collections of the taxes and penalties mentioned in this Act within the period fixed in Section nine hereof, or who delays, obstructs, or prevents the same; or who fails or refuses to effect releases from the Fund within the period fixed in Section nine hereof, or who delays, obstructs or prevents the same; or who orders, causes, or effects the transfer or diversion of the collections of this Fund or any portion thereof, shall be punished with a fine not exceeding ten thousand pesos or imprisonment not exceeding six years, or both, in the discretion of the court. If the offender is a government official or employee, he shall, in addition, be dismissed from the service with prejudice to reinstatement and with disqualification for election or appointment to any public office.
SECTION 12. Separability clause. - The provisions of this Act are hereby declared to be separable, and in the event any part, section or provision of this Act is held invalid or unconstitutional, no other part, section or provision thereof shall be affected thereby.
SECTION 13. Repealing clause. - All Acts, parts of Acts, executive orders, ordinances, rules and regulations which are inconsistent with the provisions of this Act are hereby repealed, amended or modified accordingly.
SECTION 14. Effectivity. - This Act shall take effect on January first, nineteen hundred and sixty-nine except the allocation under Section three which shall take effect upon approval of this Act.
Approved, September 25, 1968.
The Law Creating Free Public High School in The Philippines | RA 6655
AN ACT ESTABLISHING AND PROVIDING FOR A FREE PUBLIC SECONDARY EDUCATION AND FOR OTHER PURPOSES
Section 1. Title. - This Act shall be known as the "Free Public Secondary Education Act of 1988."
Section 2. Declaration of Policy. - It is the policy of the State to provide for a free public secondary education to all qualified citizens and to promote quality education at all levels.
Section 3. Definitions. - For purposes of this Act, the following terms shall mean:
a) Free Public Secondary Education. - Means that the students enrolled in secondary course offerings in national high schools, general comprehensive high schools, trade, technical, vocational, fishery and agricultural schools, and in schools established, administered, maintained and funded by local government units, including city, provincial municipal and barangay high schools, and those public high schools which may be established by law, shall be free from payment of tuition and other schools fees;
b) Tuition Fee. - Refers to the fee representing direct costs of instruction, training and other related activities and for the students' use of the instruction and training facilities;
c) Other School Fees. - Refer to those fees which cover the other necessary costs supportive of instruction, including but not limited to medical and dental, athletic, library, laboratory and Citizens Army Training (CAT) fees.
However, fees elated to membership in the school community such as identification cards, student organizations and publications may be collected, provided that nonpayment to these fees shall not in any case be a bar to the enrollment or graduation of any student.
Section 4. Implementation of Free Public Secondary Education. - The system of free public secondary education as provided in this Act shall commence in School Year 1988-1989, and that the students enrolled in secondary course offerings in national and general comprehensive high schools, state colleges and universities, specialized schools, trade, technical, vocational, fishery and agricultural schools and in schools which may be established by law, shall be free from payment of tuition and other school fees, except fees related to membership in the school community such as identification cards, student organizations and publication which may be collected: provided, that nothing in this Act shall cause or authorize the reduction or removal of any benefit which the national or local government may have granted to the students, teachers and other school personnel of these public high schools prior to the enactment of this Act.
Section 5. Formulation of a Secondary Education Curriculum. - The Department of Education, Culture and Sports shall formulate a secondary education curriculum in order to upgrade its quality, efficiency and access. In addition to providing the high school students with general skills, knowledge and values, such a curriculum must include vocational and technical courses that will give the students gainful employment.
Section 6. Limitation. - The right of any student to avail of free public high school shall terminate if he fails for two (2) consecutive school years in the majority of the academic subjects in which he is enrolled during the course of his study unless such failure is due to some valid cause.
Section 7. Nationalization of Public Secondary Schools. - To effectively implement the system, the establishment, renaming, conversion, integration, separation, administration, supervision and control of all public secondary schools and public secondary school teachers and other school personnel, including the payment of their salaries allowances and other fringe benefits as well as those already provided by local governments are hereby vested in the Department of Education, Culture and Sports.
Section 8. Priority in Admission. - Graduates of public elementary schools in a municipality shall be given priority in admission when the present facilities in the same municipality cannot accommodate all of those applying for enrollment in the public high schools.
Section 9. Implementing Rules and Regulations. - The Secretary of Education, Culture and Sports shall issue the necessary rules and regulations to implement this Act.
Section 10. Funding. - The President is hereby authorized to realign or transfer any item of appropriation within the Department of Education, Culture and Sports. and/or utilize any savings therein to carry out the purposes of this Act. Whatever additional amount as may be needed for its implementation shall be included in the General Appropriations Acts for the ensuing fiscal years.
Section 11. Repealing Clause. - All laws or parts thereof, inconsistent with any provision of this Act shall be deemed repealed or modified as the case may be.
Section 12. Effectivity. - This Act shall take effect upon its approval.
Approved, May 26, 1988.
Section 1. Title. - This Act shall be known as the "Free Public Secondary Education Act of 1988."
Section 2. Declaration of Policy. - It is the policy of the State to provide for a free public secondary education to all qualified citizens and to promote quality education at all levels.
Section 3. Definitions. - For purposes of this Act, the following terms shall mean:
a) Free Public Secondary Education. - Means that the students enrolled in secondary course offerings in national high schools, general comprehensive high schools, trade, technical, vocational, fishery and agricultural schools, and in schools established, administered, maintained and funded by local government units, including city, provincial municipal and barangay high schools, and those public high schools which may be established by law, shall be free from payment of tuition and other schools fees;
b) Tuition Fee. - Refers to the fee representing direct costs of instruction, training and other related activities and for the students' use of the instruction and training facilities;
c) Other School Fees. - Refer to those fees which cover the other necessary costs supportive of instruction, including but not limited to medical and dental, athletic, library, laboratory and Citizens Army Training (CAT) fees.
However, fees elated to membership in the school community such as identification cards, student organizations and publications may be collected, provided that nonpayment to these fees shall not in any case be a bar to the enrollment or graduation of any student.
Section 4. Implementation of Free Public Secondary Education. - The system of free public secondary education as provided in this Act shall commence in School Year 1988-1989, and that the students enrolled in secondary course offerings in national and general comprehensive high schools, state colleges and universities, specialized schools, trade, technical, vocational, fishery and agricultural schools and in schools which may be established by law, shall be free from payment of tuition and other school fees, except fees related to membership in the school community such as identification cards, student organizations and publication which may be collected: provided, that nothing in this Act shall cause or authorize the reduction or removal of any benefit which the national or local government may have granted to the students, teachers and other school personnel of these public high schools prior to the enactment of this Act.
Section 5. Formulation of a Secondary Education Curriculum. - The Department of Education, Culture and Sports shall formulate a secondary education curriculum in order to upgrade its quality, efficiency and access. In addition to providing the high school students with general skills, knowledge and values, such a curriculum must include vocational and technical courses that will give the students gainful employment.
Section 6. Limitation. - The right of any student to avail of free public high school shall terminate if he fails for two (2) consecutive school years in the majority of the academic subjects in which he is enrolled during the course of his study unless such failure is due to some valid cause.
Section 7. Nationalization of Public Secondary Schools. - To effectively implement the system, the establishment, renaming, conversion, integration, separation, administration, supervision and control of all public secondary schools and public secondary school teachers and other school personnel, including the payment of their salaries allowances and other fringe benefits as well as those already provided by local governments are hereby vested in the Department of Education, Culture and Sports.
Section 8. Priority in Admission. - Graduates of public elementary schools in a municipality shall be given priority in admission when the present facilities in the same municipality cannot accommodate all of those applying for enrollment in the public high schools.
Section 9. Implementing Rules and Regulations. - The Secretary of Education, Culture and Sports shall issue the necessary rules and regulations to implement this Act.
Section 10. Funding. - The President is hereby authorized to realign or transfer any item of appropriation within the Department of Education, Culture and Sports. and/or utilize any savings therein to carry out the purposes of this Act. Whatever additional amount as may be needed for its implementation shall be included in the General Appropriations Acts for the ensuing fiscal years.
Section 11. Repealing Clause. - All laws or parts thereof, inconsistent with any provision of this Act shall be deemed repealed or modified as the case may be.
Section 12. Effectivity. - This Act shall take effect upon its approval.
Approved, May 26, 1988.
The Law Providing for DOST Scholarship | RA 7687
AN ACT INSTITUTING A SCIENCE AND TECHNOLOGY SCHOLARSHIP PROGRAM AND OTHER PURPOSES
Section 1. Title. - This Act shall be known as the "Science and Technology Scholarship Act of 1994".
Section 2. Statement of Policy. - Science and technology are essential for national development and progress. The State shall give priority to research and development, invention, innovation and their utilization; and to science and technology education, training and services.
In line with the above, it is hereby declared the policy of the State to promote the development of the country's science and technology manpower in line with economic development and to provide the capability required in the areas of research, development, innovation as well as their utilization. As such, it shall provide for scholarships, grants-in-aid, or other forms of incentives to deserving science students and other specially-gifted citizens to enable them to pursue higher education or training in areas of science and technology.
Section 3. General Objectives. - To carry out the foregoing policy, this Act strengthens the country's science and technology manpower by creating a pool of scientists, engineers and technicians who shall fill the needs of industrialization. Towards this end, scholarships shall be provided to finance the education of poor, talented and deserving students desiring to pursue a degree or training in areas of science and technology as are recognized or permitted by law.
Section 4. Science and Technology Scholarship Fund. - There is hereby created a Science and Technology Scholarship Fund, hereinafter known as the Fund, to be administered by the Department of Science and Technology (DOST).
Section 5. Appropriations. - The amount necessary to carry out the initial implementation of this Act, shall be charged against the current Fiscal Year Appropriations of the DOST.In order to provide funds necessary for the continuous implementation of the program for every year following its initial implementation, the budget of the DOST shall be increased in the amount of Sixty million pesos (P60M) per year until it eventually reaches the amount of Three hundred million pesos (P300M) to sustain the recipients of the scholarship during the duration of their study.
Section 6. Coverage. - The grant of any scholarship award from the Fund shall be applied only in the field of science, mathematics, engineering, and such other areas in the undergraduate or postgraduate courses as may be provided for in the rules and regulations to be promulgated by the DOST and the Department of Education, Culture and Sports (DECS): provided, however, that the scholarship grant for the postgraduate level shall not be limited to those scholars or recipients who are graduates of the undergraduate scholarship program.
Section 7. Assistance to Grantees. - The grantee of the scholarship program under this Act is entitled to financial assistance which may include tuition and other school fees, outright grant for prescribed textbooks and essential school supplies, outright grant for prescribed military science and physical education uniform, transportation expenses and monthly living allowance: provided, however, that in the granting of financial assistance, the availability of funds, purchasing power of the peso and rate of financial assistance given under other government scholarship programs must be considered.
Section 8. Qualifications. - In order to qualify for the scholarship program, the applicant must be:
a) a member of the top five percent (5%) of the high school graduating class, regardless of gender, religion, and cultural affiliation;
b) a resident of the municipality for the last four (4) years prior to availing of the scholarship, as attested by the school records; and
c) of good moral character and in good health.
Section 9. Value Formation Program. - The scholarship program under this Act shall be supported by appropriate courses for value formation of scholars that will inculcate in them the virtues of nationalism, industriousness, honesty, commitment to national development and an effective work ethic.
Section 10. Distribution of Scholarship Slots. - The DOST in line with this Act shall provide for a proportional and equitable allotment of slots for identified fields of science and technology to attain a balanced distribution of manpower in terms of number and expertise. The DOST shall organize a program geared towards enlisting at least two (2) scholars in each municipality of the Philippines and at least ten (10) scholars for those congressional districts without municipality. Qualified members of the cultural minority in appropriate cases shall be given due preference.
Section 11. Place of Study in the Country. - The recipient of the scholarship privileges under this Act shall be required to pursue their degree program and/or the vocational, technical, or other courses specified under this Act at any academic or training institutions duly accredited by the DECS and the DOST and in private schools accredited by Federation of Accrediting Agencies in the Philippines (FAAP).Refusal or failure to comply with this provision shall be ground for disqualification from the Program.
Section 12. Place of Study Outside the Home Country. - The scholarship grant provided herein shall not be limited to studying only in any school in this country but would include scholars who can be granted the opportunity to study abroad in schools specializing in courses stated therein: provided, however, that a grantee who has qualified for study abroad must execute an undertaking binding himself to return to the country to fulfill his service obligation on the basis of the length of his scholarship. The Department of Foreign Affairs is hereby directed to give full assistance in enforcing such undertaking.
Section 13. Service Obligation. - Immediately upon completion of a Bachelor of Science course, a scholar shall serve the country on full-time basis only along his field of training for a minimum period equivalent to the length of time a scholar enjoyed the scholarship by rendering service to his province or municipality by organizing technology-based livelihood activities or enterprises, teaching, or such other service related to the course or training he has completed, and, for this purpose, requiring the execution of a contract between the Government and the scholar incorporating the details of the said service obligation.
Any recipient of the program who has not completed his course shall render service to the country equivalent to the number of years he enjoyed the scholarship.
For the purpose stated in paragraph 1 of this Section, government banks, financial institutions, and appropriate agencies shall provide priority access to credit, research and development facilities, support programs and other assistance to graduate scholars under this Act where the same may be sound and viable.
Any scholar who violates the service obligation imposed under this section shall be liable to reimburse the Government of the fund assistance received under this Act in full or pro tanto as the case may be.
Section 14. Post Scholarship Incentives. - In order to encourage graduates of the scholarship program under this Act to serve in fulfillment of their service obligation and entice them to continue to stay and serve in the country even beyond their service obligation, they shall be entitled to the following incentives:
To ensure the effective coordination of the program, said body shall act in an advisory capacity in its implementation.
Section 16. Implementing Body. - The scholarship program herein provided shall be directly implemented by the DOST through the Science Education Institute.
Section 17. Rules and Regulations. - Within thirty (30) days from the approval of this Act, the DOST in joint collaboration with the DECS shall promulgate the necessary rules and regulations for the effective implementation of the provisions thereof.
Section 18. Transitory Provisions. - Within sixty (60) days from effectivity of this Act, existing state colleges and universities and private schools with curriculum offerings on science and technology shall ipso facto be deemed accredited.
Section 19. Repealing Clause. - All laws, decrees, orders, rules and regulations, or portions thereof, inconsistent with this Act are hereby repealed or modified accordingly.
Section 20. Separability Clause. - In the event any of the provisions of this Act is declared unconstitutional, the validity of the other provisions shall not be affected by such declaration.
Section 21. Effectivity. - This Act shall take effect upon its approval.
Approved, March 2, 1994.
Section 1. Title. - This Act shall be known as the "Science and Technology Scholarship Act of 1994".
Section 2. Statement of Policy. - Science and technology are essential for national development and progress. The State shall give priority to research and development, invention, innovation and their utilization; and to science and technology education, training and services.
In line with the above, it is hereby declared the policy of the State to promote the development of the country's science and technology manpower in line with economic development and to provide the capability required in the areas of research, development, innovation as well as their utilization. As such, it shall provide for scholarships, grants-in-aid, or other forms of incentives to deserving science students and other specially-gifted citizens to enable them to pursue higher education or training in areas of science and technology.
Section 3. General Objectives. - To carry out the foregoing policy, this Act strengthens the country's science and technology manpower by creating a pool of scientists, engineers and technicians who shall fill the needs of industrialization. Towards this end, scholarships shall be provided to finance the education of poor, talented and deserving students desiring to pursue a degree or training in areas of science and technology as are recognized or permitted by law.
Section 4. Science and Technology Scholarship Fund. - There is hereby created a Science and Technology Scholarship Fund, hereinafter known as the Fund, to be administered by the Department of Science and Technology (DOST).
Section 5. Appropriations. - The amount necessary to carry out the initial implementation of this Act, shall be charged against the current Fiscal Year Appropriations of the DOST.In order to provide funds necessary for the continuous implementation of the program for every year following its initial implementation, the budget of the DOST shall be increased in the amount of Sixty million pesos (P60M) per year until it eventually reaches the amount of Three hundred million pesos (P300M) to sustain the recipients of the scholarship during the duration of their study.
Section 6. Coverage. - The grant of any scholarship award from the Fund shall be applied only in the field of science, mathematics, engineering, and such other areas in the undergraduate or postgraduate courses as may be provided for in the rules and regulations to be promulgated by the DOST and the Department of Education, Culture and Sports (DECS): provided, however, that the scholarship grant for the postgraduate level shall not be limited to those scholars or recipients who are graduates of the undergraduate scholarship program.
Section 7. Assistance to Grantees. - The grantee of the scholarship program under this Act is entitled to financial assistance which may include tuition and other school fees, outright grant for prescribed textbooks and essential school supplies, outright grant for prescribed military science and physical education uniform, transportation expenses and monthly living allowance: provided, however, that in the granting of financial assistance, the availability of funds, purchasing power of the peso and rate of financial assistance given under other government scholarship programs must be considered.
Section 8. Qualifications. - In order to qualify for the scholarship program, the applicant must be:
a) a member of the top five percent (5%) of the high school graduating class, regardless of gender, religion, and cultural affiliation;
b) a resident of the municipality for the last four (4) years prior to availing of the scholarship, as attested by the school records; and
c) of good moral character and in good health.
Section 9. Value Formation Program. - The scholarship program under this Act shall be supported by appropriate courses for value formation of scholars that will inculcate in them the virtues of nationalism, industriousness, honesty, commitment to national development and an effective work ethic.
Section 10. Distribution of Scholarship Slots. - The DOST in line with this Act shall provide for a proportional and equitable allotment of slots for identified fields of science and technology to attain a balanced distribution of manpower in terms of number and expertise. The DOST shall organize a program geared towards enlisting at least two (2) scholars in each municipality of the Philippines and at least ten (10) scholars for those congressional districts without municipality. Qualified members of the cultural minority in appropriate cases shall be given due preference.
Section 11. Place of Study in the Country. - The recipient of the scholarship privileges under this Act shall be required to pursue their degree program and/or the vocational, technical, or other courses specified under this Act at any academic or training institutions duly accredited by the DECS and the DOST and in private schools accredited by Federation of Accrediting Agencies in the Philippines (FAAP).Refusal or failure to comply with this provision shall be ground for disqualification from the Program.
Section 12. Place of Study Outside the Home Country. - The scholarship grant provided herein shall not be limited to studying only in any school in this country but would include scholars who can be granted the opportunity to study abroad in schools specializing in courses stated therein: provided, however, that a grantee who has qualified for study abroad must execute an undertaking binding himself to return to the country to fulfill his service obligation on the basis of the length of his scholarship. The Department of Foreign Affairs is hereby directed to give full assistance in enforcing such undertaking.
Section 13. Service Obligation. - Immediately upon completion of a Bachelor of Science course, a scholar shall serve the country on full-time basis only along his field of training for a minimum period equivalent to the length of time a scholar enjoyed the scholarship by rendering service to his province or municipality by organizing technology-based livelihood activities or enterprises, teaching, or such other service related to the course or training he has completed, and, for this purpose, requiring the execution of a contract between the Government and the scholar incorporating the details of the said service obligation.
Any recipient of the program who has not completed his course shall render service to the country equivalent to the number of years he enjoyed the scholarship.
For the purpose stated in paragraph 1 of this Section, government banks, financial institutions, and appropriate agencies shall provide priority access to credit, research and development facilities, support programs and other assistance to graduate scholars under this Act where the same may be sound and viable.
Any scholar who violates the service obligation imposed under this section shall be liable to reimburse the Government of the fund assistance received under this Act in full or pro tanto as the case may be.
Section 14. Post Scholarship Incentives. - In order to encourage graduates of the scholarship program under this Act to serve in fulfillment of their service obligation and entice them to continue to stay and serve in the country even beyond their service obligation, they shall be entitled to the following incentives:
a) priority for job placement in the Government or in the private sector in positions appropriate to their area of education or training;
b) grants-in-aid and access to government research facilities in the conduct of research and development projects and other service and technology activities;
c) access to credit with liberal terms from government banks and financial institutions;
d) payment of hardship and/or hazard allowance to those who are engaged in research and other science and technology activities that posed danger and caused hardship to their well-being; and
e) travel and accident insurance coverage.Section 15. Advisory Committee. - There is hereby created a committee composed of the Secretary of Science and Technology as Chairman, and the Secretaries or Heads of the following departments or agencies or their chosen representatives as members: Education, Culture and Sports; Budget and Management; Agriculture; Trade and Industry; Interior and Local Government; Finance and the National Economic and Development Authority; and two (2) representatives from the private sector one (1) of whom shall come from the Philippine Chamber of Commerce and Industry and one (1) from other sectors.
To ensure the effective coordination of the program, said body shall act in an advisory capacity in its implementation.
Section 16. Implementing Body. - The scholarship program herein provided shall be directly implemented by the DOST through the Science Education Institute.
Section 17. Rules and Regulations. - Within thirty (30) days from the approval of this Act, the DOST in joint collaboration with the DECS shall promulgate the necessary rules and regulations for the effective implementation of the provisions thereof.
Section 18. Transitory Provisions. - Within sixty (60) days from effectivity of this Act, existing state colleges and universities and private schools with curriculum offerings on science and technology shall ipso facto be deemed accredited.
Section 19. Repealing Clause. - All laws, decrees, orders, rules and regulations, or portions thereof, inconsistent with this Act are hereby repealed or modified accordingly.
Section 20. Separability Clause. - In the event any of the provisions of this Act is declared unconstitutional, the validity of the other provisions shall not be affected by such declaration.
Section 21. Effectivity. - This Act shall take effect upon its approval.
Approved, March 2, 1994.
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