REPUBLIC ACT NO. 6728
AN ACT PROVIDING GOVERNMENT ASSISTANCE TO STUDENTS AND TEACHERS IN PRIVATE EDUCATION, AND APPROPRIATING FUNDS THEREFOR
Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembled:
SECTION 1. Title.—This Act shall be known as the “Government Assistance to Students and Teachers in Private Education Act.”
SEC. 2. Declaration of Policy.—It is the declared policy of the State, in conformity with the mandate of the Constitution, to promote and make quality education accessible to all Filipino citizens. The State also hereby recognizes the complementary roles of public and private educational institutions in the educational system and the invaluable contribution that the private schools have made and will make to education. For these purposes, the State shall provide the mechanisms to improve quality in private education by maximizing the use of existing resources of private education, recognizing in the process the government responsibility to provide basic elementary and secondary education as having priority over its function to provide for higher education.
SEC. 3. Criteria for Assistance.—The programs for assistance shall be based on a set of criteria which shall include, among others, tuition fees charged by the schools, the socioeconomic needs of each region, overall performance of the schools, the academic qualifications and the financial needs of the students, as well as the geographic spread and size of student population.
In addition to the foregoing criteria, within such reasonable time as the State Assistance Council may determine, student grantees under the Private Education Student Financial Assistance Program shall be enrolled in schools which have accredited programs or are applying for accreditation as determined by the Federation of Accrediting Agencies of the Philippines, namely: the Philippine Association of Accredited Schools, Colleges and Universities, the Association of Christian Schools and Colleges Accrediting Agency, and the Philippine Association of Colleges and Universities Commission on Accreditation.
Preference shall be given to students whose family income is not more than Thirty-six thousand pesos (P36,000.00) or such amount as may be determined by the Council, as defined hereinafter.
For purposes of this Act, programs of assistance to students of private post-secondary education shall likewise be extended to students of community colleges and students in non-degree programs including vocational and technical courses. Implementation of the program shall encourage students to undergo tertiary education in the same region where their families reside.
The programs of assistance under this Act shall be extended only to students who are citizens of the Philippines.
SEC. 4. Forms of Assistance.—Assistance to private education shall consist of:
(1) Tuition fee supplements for students in private high schools, including students in vocational and technical courses;
(2) High School Textbook Assistance Fund: Provided, That students in public high schools shall be provided a comprehensive textbook program under the Secondary Education Development Program (SEDP);
(3) Expansion of the existing Educational Service Contracting (ESC) Scheme;
(4) The voucher system of the Private Education Student Financial Assistance Program (PESFA);
(5) Scholarship grants to students graduating as valedictorians and salutatorians from secondary schools;
(6) Tuition fee supplements to students in private colleges and universities;
(7) Education Loan Fund; and
(8) College Faculty Development Fund.
SEC. 5. Tuition Fee Supplement for Student in Private High School.—(1) Financial assistance for tuition for students in private high schools shall be provided by the government through a voucher system in the following manner:
(a) For students enrolled in schools charging less than One thousand five hundred pesos (P1,500.00) per year in tuition and other fees during school year 1988-1989 or such amount in subsequent years as may be determined from time to time by the State Assistance Council, the Government shall provide them with a voucher equal to Two hundred ninety pesos (P290.00): Provided, That the student pays in the 1989-1990 school year, tuition and other fees equal to the tuition and other fees paid during the preceding academic year: Provided, further, That the Government shall reimburse the vouchers from the schools concerned within sixty (60) days from the close of the registration period: Provided, furthermore, That the student’s family resides in the same city or province in which the high school is located unless the student has been enrolled in that school during the previous academic year.
(b) For students enrolled in schools charging above One thousand five hundred pesos (P1,500.00) per year in tuition and other fees during the school year 1988-1989 or such amount in subsequent years as may be determined from time to time by the State Assistance Council, no assistance for tuition fees shall be granted by the Government: Provided, however, That the schools concerned may raise their tuition fees subject to Section 10 hereof.
(2) Assistance under paragraph (1), subparagraphs (a) and (b) shall be granted and tuition fees under subparagraph (c) may be increased, on the condition that seventy percent (70%) of the amount subsidized allotted for tuition fee or of the tuition fee increases shall go to the payment of salaries, wages, allowances and other benefits of teaching and nonteaching personnel except administrators who are principal stockholders of the school, and may be used to cover increases as provided for in the collective bargaining agreements existing or in force at the time when this Act is approved and made effective: Provided, That government subsidies are not used directly for salaries of teachers of non-secular subjects. At least twenty percent (20%) shall go to the improvement or modernization of buildings, equipment, libraries, laboratories, gymnasia and similar facilities and to the payment of other costs of operation. For this purpose, schools shall maintain a separate record of accounts for all assistance received from the government, any tuition fee increase, and the detailed disposition and use thereof, which record shall be made available for periodic inspection as may be determined by the State Assistance Council, during business hours, by the faculty, the nonteaching personnel, students of the school concerned, the Department of Education, Culture and Sports, and other concerned government agencies.
SEC. 6. High School Textbook Assistance Fund.—There shall be established in the Department of Education, Culture and Sports (DECS), a High School Textbook Assistance Fund, so that an assistance on a per student basis shall be given to private schools charging less than One thousand five hundred pesos (P1,500.00) for 1988-1989 per year, or such amount in subsequent years as may be determined from time to time by the State Assistance Council, exclusively for the purchase of high school textbooks, in support of the implementation of the Secondary Education Development Program: Provided, That such fund shall not be used for the purchase of books that will advance or inhibit sectarian interest: Provided, further, That such textbooks are included in the list approved by the Department of Education, Culture and Sports.
SEC. 7. Expansion of the Existing Educational Service Contracting (ESC) Scheme.—(a) The Department of Education, Culture and Sports (DECS) shall continue to enter into contracts with private schools whereby the Government shall shoulder the tuition and other fees of excess students in public high schools who shall enroll under this program. It shall settle all outstanding obligations before contracting new obligations.
(b) The Department shall also enter into contract with private schools in communities where there are no public high schools, in which case the Department shall shoulder the tuition and other fees of students who shall enroll in said private schools. The number of such schools assisted by the program will be increased every year such that all schools in this category will be assisted within four (4) years from the promulgation of this Act.
(c) The amount of assistance to be given by the Government under this section shall not exceed that determined as the per student cost in public high schools.
(d) The Department shall fully pay the subsidized amount to participating schools not later than the end of the school year, unless the delay incurred is attributable to the participating schools.
(e) The amount of assistance shall be allocated and distributed among the fourteen (14) regions in proportion to the total population as well as the high school age population for the first school year: Provided, That starting school year 1990, an equalization scheme shall be implemented by the State Assistance Council.
SEC. 8. Assistance to College Freshmen.—(a) The Voucher System of Private Education Student Financial Assistance (PESFA) Program—The existing Private Education Student Financial Assistance (PESFA) Program which covers degree and vocational/technical courses shall be expanded so that a minimum of ten percent (10%) for the school year 1989, fifteen percent (15%) for the school year 1990, twenty percent (20%) for the school year 1991, twenty-five percent (25%) for the school year 1992 and thereafter, of all enrolling first year students can benefit from a full or partial scholarship, plus an allowance. Such financial assistance shall be granted to deserving underprivileged students, who shall be selected on the basis of family income, geographic spread and results of competitive examinations to be given by the Department of Education, Culture and Sports to students in all secondary schools. The program shall be equitably allocated to provinces and cities in accordance with regional and national plans to priority courses as determined by the Department of Education, Culture and Sports in coordination with the National Economic and Development Authority (NEDA). The priority courses shall be submitted to Congress at the start of this program and any changes thereon periodically.
For purposes of this Act, an underprivileged student shall refer to a student whose annual gross income, if any, and that of the combined annual gross income of his parents do not exceed Thirty-six thousand pesos (P36,000.00).
(b) Tuition Waiver—Private colleges and universities shall provide for full or half tuition waivers for five percent (5%) of the entering freshmen, which shall include among others, valedictorians and salutatorians of both public high schools and private high schools charging less than One thousand five hundred pesos (P1,500.00) per student per year as of school year 1988-1989, or such amount in subsequent years as may be determined by the State Assistance Council: Provided, That those valedictorians and salutatorians meet admission tests and retention requirements of the schools concerned. For this purpose, the tuition rates for entering freshmen in all private schools and colleges may be determined by the school itself, after appropriate consultations with parents, students and the alumni of the school. For this purpose, audited financial statements shall be made available to authorized representatives of these sectors.
(c) Allowance for Valedictorians—Subject to rules and regulations as may be promulgated by the State Assistance Council, valedictorians referred to under subparagraph (b) above, may, in addition to tuition waivers granted by the school concerned, be entitled to such allowances from the government as are provided to PESFA grantees, provided they shall enroll in priority courses.
(d) Allowance for other Honorees—In case the graduating class is composed of more than two hundred and fifty students, all salutatorians and first honorable mention graduates thereof may also be entitled to the allowance granted to valedictorians under the preceding paragraph.
SEC. 9. Further Assistance to Students in Private Colleges and Universities.—Tuition fee supplements for non-freshmen students of private colleges and universities in priority course programs determined by the Department of Education, Culture and Sports shall be provided by the government through a voucher system in the following manner:
(a) For re-enrolling students in priority programs in schools charging an effective per unit tuition rate of Eighty pesos (P80.00) or less per unit or such amount in subsequent years as may be determined by the State Assistance Council, the Government shall provide the student with a voucher with a value equivalent to the tuition fee increase: Provided, That all schools in this category shall not be allowed to raise their fees by more than Twelve pesos (P12.00) per unit, for both priority and non-priority courses: and, Provided, That such assistance shall be given only to students who have completed one academic year by June 1989 in priority programs and shall not apply to future college students and to current college students who transfer outside of their region.
(b) For students in schools charging an effective per unit tuition rate of more than Eighty pesos (P80.00) per unit or such amount in subsequent years as may be determined from time to time by the State Assistance Council, the Government shall provide no assistance, and the schools can determine their own tuition rates, subject to Section 10 hereof: Provided, That they grant full or half tuition waivers to five percent (5%) of all their students.
(c) Schools with accredited programs charging a tuition rate of less than Eighty pesos (P80.00) per unit or such amount in subsequent years as may be determined from time to time by the State Assistance Council, may continue to determine tuition rates, subject to Section 10 hereof, and non-freshmen students in their accredited priority courses will be entitled to a voucher equivalent to the tuition increase as in paragraph (a) hereof.
(d) Government assistance and tuition increases as described in this section shall be governed by the same conditions as provided under Section 5 (2).
SEC. 10. Consultation.—In any proposed increase in the rate of tuition fee, there shall be appropriate consultations conducted by the school administration with the duly organized parents and teachers associations and faculty associations with respect to secondary schools, and with students, governments or councils, alumni and faculty associations with respect to colleges. For this purpose, audited financial statements shall be made available to authorized representatives of these sectors. Every effort shall be exerted to reconcile possible differences. In case of disagreement, the alumni association of the school or any other impartial body of their choosing shall act as arbitrator.
SEC. 11. Education Loan Fund— (a) “Study Now, Pay Later Plan.” There is hereby created a special fund to be known as the Students’ Loan Fund to be administered by the Department of Education, Culture and Sports, or upon delegation by the Department, by the Student Loan Fund Authority created under Republic Act No. 6014 which is hereby reinstituted pursuant to the terms of the same Republic Act which shall be used to finance educational loans to cover matriculation and other school fees and educational expenses for book, subsistence, and board and lodging.
(b) Amounts covering payments for tuition, matriculation and other school fees shall be paid directly to the school concerned.
(c) Any loan granted under this section shall be paid by the student-debtor after he has finished the course or profession for which the proceeds of the loan was expended, but only after a period of two (2) years from the time he has acquired an employment: Provided, however, That interest at the rate of not more than twelve percent (12%) per annum shall accrue on the balance thereof.
(d) Social Security Fund. The Social Security System Fund shall make available low interest educational loans to its members and to private educational institutions for school buildings and/or improvement of their plants and facilities.
SEC. 12. Limitation.—The right of any student to avail himself of the benefits under this Act shall not apply:
(a) If he fails for one (1) school year in the majority of the academic subjects in which he has enrolled during the course of his study unless such failure is due to some valid cause beyond his control; and
(b) If he enrolls for the first time, or transfers, outside of the region where he is domiciled unless the course he wants to pursue is a priority course as determined by the Department of Education, Culture and Sports and is not offered in any private school in his region.
SEC. 13. College Faculty Development Fund.—For the purpose of improving the quality of teaching in higher education, there is hereby established in the Department of Education, Culture and Sports, a College Faculty Development Fund to provide for scholarships for graduate degrees and non-degree workshops or seminars for faculty members in private colleges and universities: Provided, That faculty member recipients of such scholarships shall serve three (3) years return service for every year of scholarship availed of. The scholarship shall be in priority courses as determined by the Department of Education, Culture and Sports in coordination with the National Economic and Development Authority (NEDA) and cannot be awarded to promote or inhibit sectarian purposes.
SEC. 14. Program Administration/Rules and Regulations.—The State Assistance Council shall be responsible for policy guidance and direction monitoring and evaluation of new and existing programs, and the promulgation of rules and regulations, while the Department of Education, Culture and Sports shall be responsible for the day to day administration and program implementation. Likewise, it may engage the services and support of any qualified government or private entity for its implementation.
The State Assistance Council (SAC), hereinafter known as the Council, shall be headed by the Secretary of Education, Culture and Sports as chairman, with representatives from NEDA, DBM, DOST, and representatives from duly organized nationwide associations of teachers, students and school administrators as members. The last three (3) members shall be appointed by the President upon the recommendation of their respective sectors for a term of four (4) years.
The Council shall meet, from time to time, as the need arises, to assess the effectivity of the programs and to ensure that schools, colleges and universities where student recipients are enrolled continue to provide quality education. For this purpose, the Council shall establish criteria, including accreditation status, to determine which schools, colleges and universities may continue to enroll students who are recipients of government assistance under this Act.
SEC. 15. Appropriations.—(a) The appropriations of the Department of Education, Culture and Sports authorized in General Appropriations Act for Fiscal Year 1989, Republic Act No. 6688, for A.7.d Implementation of programs for secondary education, A.7.e Implementation of programs for higher education, A.7.g Implementation of free secondary education shall be reduced as far as practicable on a proportionate basis by region to provide funds for the requirements of this Act in Fiscal Year 1989: Provided, That savings from any other item of appropriation of the Department of Education, Culture and Sports may be utilized for the implementation of this Act in Fiscal Year 1989: Provided, further, That any deficiency shall be taken from any or all of the following sources:
(1) Portions of the coconut levies authorized under Republic Act No. 6260 and Presidential Decree No. 1468 and other laws earmarked to finance scholarships for the benefit of deserving children of the coconut farmers, and the income thereof: Provided, That such funds shall be used exclusively for the program of assistance for said children including their books, board and lodging and other allowances in case these are not provided in a particular program of assistance;
(2) Twenty percent (20%) of the travel tax and airport departure tax collections;
(3) Ten percent (10%) of any funds collected by the Sugar Regulatory Administration or the Philippine Coconut Authority for students in provinces where they are collected;
(4) Ten percent (10%) of the net income of the Development Bank of the Philippines;
(5) Portions of the Overseas Welfare Fund to benefit the dependents or children of overseas workers; and
(6) Any other lump sum appropriations or collections under the supervision and control of the Office of the President.
Provided, finally, That the total amount made available to carry out the purposes of this Act shall not exceed Five hundred million pesos (P500 M) for Fiscal Year 1989.
Thereafter, such amount as may be necessary for its continued implementation shall be included in the annual General Appropriations Act.
(b) The amount of assistance on a per student basis as determined under Section 5 (a) and( b) and Section 9 (a) of this Act shall remain the same for the subsequent years unless Congress provides otherwise.
SEC. 16. Penalties.—In case of any violation of the provisions of this Act or the rules and regulations promulgated pursuant thereto by an institution, the Department of Education, Culture and Sports, upon the recommendation of the Council, may bar the institution from participating in or benefiting from the programs of this Act, and from ether programs of the Department, without prejudice to administrative and criminal charges as may be filed against the school and/or its responsible officers under existing laws.
Any school who shall refuse, as required under paragraph (1) (c) of Section 5, Section 8 (b) and Section 9 (b), to furnish copies of their audited financial statements to concerned sectors with whom they are having consultations prior to tuition fee increases, shall forfeit the right to increase their tuition fees, in addition to other penalties or sanctions as may be imposed under the preceding paragraph or by existing laws.
SEC. 17. Repealing Clause.—All laws and decrees particularly Presidential Decree Nos. 932 and 1371 and such letters of instruction, rules and regulations or parts thereof which are inconsistent with this Act are hereby repealed or modified accordingly.
SEC. 18. Separability Clause.—If any provision of this Act is declared unconstitutional, the same shall not affect the validity and effectivity of the other provisions not affected thereby.
SEC. 19. Effectivity Clause.—This Act shall take effect immediately upon its publication in English in an English newspaper and in Filipino in a Filipino newspaper, both of general circulation.
REPUBLIC ACT NO. 8545
AN ACT AMENDING REPUBLIC ACT NO. 6728, OTHERWISE KNOWN AS “AN ACT PROVIDING GOVERNMENT ASSISTANCE TO STUDENTS AND TEACHERS IN PRIVATE EDUCATION AND APPROPRIATING FUNDS THEREFOR,” ESTABLISHING A FUND FOR THE PURPOSE OF SUBSIDIZING SALARIES OF PRIVATE SCHOOL TEACHERS, AND APPROPRIATING FUNDS THEREFOR
SECTION 1. Republic Act No. 6728, otherwise known as the “Government Assistance to Students and Teachers in Private Education Act,” is hereby amended to read as follows:
“SEC. 1. Title. — This Act shall be known as the ‘Expanded Government Assistance to Students and Teachers in Private Education Act.’
“SEC. 2. Declaration of Policy. — It is a declared policy of the State in conformity with the mandate of the Constitution, to promote and make quality education accessible to all Filipino citizens. The State also hereby recognizes the complementary roles of public and private educational institutions in the educational system and the invaluable contribution that the private schools have made and will make to education. For these purposes, the State shall provide the mechanisms to improve quality in private education by maximizing the use of existing resources of private education, recognizing in the process the government’s responsibility to provide basic elementary and secondary education, post-secondary vocational and technical education and higher education as having priority over its other functions.
“Elementary education is the first six (6) years of basic education, excluding pre-school and grade seven, the completion of which is attested by a certificate issued by or with permission of the Department of Education, Culture and Sports. Secondary education is the next four (4) years of basic education, the completion of which is attested by a high school diploma issued by or with permission of the Department of Education, Culture and Sports.
“Post-secondary education may be education and training in non-degree vocational and technical courses offered in post-secondary vocational and technical institutions or education in degree courses offered by higher educational institutions, the completion of which are attested by a certificate or diploma issued by or with permission of the Technical Education and Skills Development Authority (TESDA) or the Commission on Higher Education (CHED), respectively.
“SEC. 3. Criteria for Assistance. — The programs for assistance shall be based on a set of criteria which shall include, among others, tuition fees charged by the schools, the socioeconomic needs of each region giving priority to the Social Reform Agenda (SRA) provinces, overall performance of the schools, the academic qualifications and the financial needs of the students and the teachers and the financial needs of the schools, as well as the geographic spread and size of student population.
“In addition to the foregoing criteria, within such reasonable time as the respective State Assistance Council may determine, student grantees under the Private Education Student Financial Assistance Program shall be enrolled in schools which have accredited programs or are applying for accreditation as may be recognized by the respective State Assistance Council.
“Preference shall be given to students whose family income is not more than Seventy-two thousand pesos (P72,000.00) or such amounts as may be determined by the respective councils, as defined hereinafter.
“For purposes of this Act, programs of assistance to students and teachers of private post-secondary vocational and technical institutions and higher educational institutions shall likewise be extended to students and teachers of community colleges in degree and non-degree programs. Implementation of the program shall encourage students to undergo post-secondary vocational and technical and higher education courses in the same region where their families reside.
“The programs of assistance under this Act shall be extended only to students who are citizens of the Philippines.
“The State Assistance Council, jointly with the Department of Education, Culture and Sports (DECS), the CHED and the TESDA shall formulate measurement standards for the evaluation of the quality of courses as well as the standing and status of the recipient institutions.
“Within five (5) years from the approval of this Act, the assistance shall be given to schools: Provided, That the present allocation of the tuition fee and other income of the schools shall be used at the same proportion and allocation as provided by law.
“SEC. 4. Forms of Assistance. — Assistance to private education shall consist of assistance to students and assistance to teachers.
“The following are forms of assistance to students in private education:
“(1) Tuition fee supplements for students in private high schools, including students in vocational and technical courses;
“(2) High School Textbook Assistance Fund: Provided, That the textbook assistance per student in private high schools shall be determined by the council and shall not exceed what students in public high schools are provided on a per student basis under a comprehensive textbook program of the Secondary Education Development Program (SEDP): Provided, further, That the textbook assistance shall be granted only to beneficiaries of tuition fee supplements and educational service contracting scheme provided in this Act;
“(3) Expansion of the existing Educational Service Contracting (ESC) Scheme;
“(4) The voucher system of the Private Education Student Financial Assistance Program (PESFA);
“(5) Scholarship grants to students graduating as valedictorians and salutatorians from secondary schools;
“(6) Tuition fee supplements to students in private colleges and universities; and
“(7) Education Loan Fund.
“The following are forms of assistance to teachers and faculty in private education:
“(1) In-service training fund for teachers in private high schools; and
“(2) College Faculty Development Fund.
“SEC. 5. Tuition Fee Supplements for Students in Private High Schools. — (1) Financial Assistance for tuition for students in private high schools shall be provided by the government through a voucher system in the following manner:
“(a) For students enrolled in schools charging an amount as may be determined by the State Assistance Council, the government shall provide them with a voucher in such an amount as may be determined by the council: Provided, That the government shall reimburse the vouchers from the schools concerned within one hundred twenty (120) days from the close of the registration period.
“(2) Assistance under paragraph (1), subparagraph (a) shall be guaranteed to all private high schools participating in the program for a number of slots as of the effectivity of this Act as the total number of students who availed of tuition fee supplements for school year 1997-1998: Provided, That the State Assistance Council may in subsequent years determine additional slots and/or additional participating high schools as may be deemed necessary.
“SEC. 6. High School Textbook Assistance Fund. — There shall be established in the Department of Education, Culture and Sports (DECS), a High School Textbook Assistance Fund, so that assistance on a per student basis shall be given to students enrolled in private schools exclusively for the purchase of high school textbooks, in support of the implementation of the Secondary Education Development Program: Provided, That the textbook assistance per student in private high schools shall be determined by the council and shall not exceed what students in public high schools are provided on a per student basis: Provided, further, That the textbook assistance shall be granted only to beneficiaries of tuition fee supplements and educational service contracting scheme provided in this Act.
“SEC. 7. Expansion of the Existing Educational Service Contracting (ESC) Scheme. — (a) The Department of Education, Culture and Sports (DECS) shall continue to enter into contracts with private schools whereby the government shall shoulder the tuition and other fees of high school students who shall enroll in private high schools under this program.
“(b) The Department shall also enter into contracts with private schools in communities where there are no public high schools, in which case the Department shall shoulder the tuition and other fees of students who shall enroll in said private schools.
“(c) The amount of assistance to be given by the government under this section shall not exceed that determined as the per student cost in public high schools.
“(d) The Department shall fully pay the subsidized amount to participating schools not later than one hundred eighty (180) days from the close of the registration period.
“(e) The amount of assistance shall be allocated and distributed among the sixteen (16) regions in proportion to the total population as well as the high school age population for the first school year: Provided, That starting school year 1998, an equalization scheme shall be implemented by the State Assistance Council.
“(f) The amount of assistance to private high schools participating in the program shall be guaranteed for a number of slots as of the effectivity of this Act as the number of students availing of educational service contracting assistance for school year 1997-1998: Provided, That the State Assistance Council may, in subsequent years determine additional slots and/or additional participating private high schools as may be deemed necessary.
“SEC. 8. Assistance to College Freshmen. — (a) The Voucher System of Private Education Student Financial Assistance (PESFA) Program. The existing Private Education Student Financial Assistance (PESFA) Program which covers degree and non-degree vocational/technical courses shall be expanded so that all qualified enrolling first year students can benefit from a scholarship, plus an allowance. Such financial assistance shall be granted to deserving underprivileged students, who shall be selected on the basis of family income, geographic spread and results of competitive examinations to be given by the CHED for degree courses and the TESDA for non-degree vocational/technical courses in all secondary schools in coordination with the DECS. The program shall be equitably allocated to provinces and cities in accordance with regional and national plans to priority courses as determined by the CHED and the TESDA.
“For purposes of this Act, an underprivileged student shall refer to a student whose gross income, if any, and that of the combined annual gross income of his/her parents do not exceed Seventy-two thousand pesos (P72,000.00).
“(b) Tuition Waiver. Private post-secondary vocational and technical institutions and higher educational institutions shall provide for full or half tuition waivers for five percent (5%) of the entering freshmen, which shall include among others, valedictorians and salutatorians of both public high schools and private high schools: Provided, That those valedictorians and salutatorians meet admission tests of the schools concerned.
“(c) Allowance for Valedictorians. Subject to rules and regulations as may be promulgated by the State Assistance Council, valedictorians referred to under subparagraph (b) above, may, in addition to tuition waivers granted by the school concerned, be entitled to such allowances from the government as are provided to PESFA grantees, provided they shall enroll in priority courses.
“(d) Allowance for other Honorees. In case the graduating class is composed of more than two hundred and fifty (250) students, all salutatorians and first honorable mention graduates thereof may also be entitled to the allowance granted to valedictorians under the preceding paragraph.
“SEC. 9. Further Assistance to Students in Private Colleges and Universities. — Tuition fee supplements for students of private post-secondary vocational and technical institutions and higher educational institutions enrolled in priority course programs determined by the TESDA and the CHED shall be provided by the government through a voucher system in the following manner:
“For students in priority programs in schools charging an effective per unit tuition rate of such amount as may be determined by the State Assistance Council, the government shall provide the student with a voucher for the amount of tuition fee supplement determined by the State Assistance Council.
“Government assistance and tuition increases as described in this Section shall be governed by the same conditions as provided under Section 5(2).
“SEC. 10. Education Loan Fund. — (a) ‘Study Now, Pay Later Plan.’ There is hereby created a special fund to be known as the Students’ Loan Fund to be administered by the CHED and the TESDA or upon delegation by the CHED by the Student Loan Fund Authority created under Republic Act No. 6014 which is hereby reinstituted pursuant to the terms of the same Republic Act which shall be used to finance educational loans to cover matriculation and other school fees and educational expenses for book subsistence, and board and lodging.
“(b) Amounts covering payments for tuition and other school fees shall be paid directly to the school concerned.
“(c) Any loan granted under this section shall be paid by the student-debtor after he has finished the course or profession for which the proceeds of the loan was expended, but only after a period of two (2) years from the time he has acquired an employment: Provided, however, That interest at the rate of not more than six percent (6%) per annum shall accrue on the balance thereof.
“(d) Social Security Fund. The Social Security System shall make available low interest educational loans to its members and to private educational institutions for school buildings and/or improvement of their plants and facilities.
“SEC. 11. The right of any student to avail himself/herself of the benefits under this Act shall not apply if he/she fails for one (1) school year in the majority of the academic subjects in which he/she has enrolled during the course of his/her study unless such failure is due to some valid cause beyond his/her control.
“SEC. 12. In-service Training Fund (Inset Fund). — For the purpose of improving the quality of teaching in private secondary education, there is hereby established in the Department of Education, Culture and Sports an Inset Fund to provide for the upgrading of knowledge and teaching competencies in critical subject areas and for the modernization of teaching techniques and strategies, including training in the use of computers and of other multi-media educational technologies to assist instruction: Provided, That the Inset Fund shall be available only to qualified licensed teachers in participating private high schools as determined by the State Assistance Council: Provided, further, That the amount of Inset Fund available to private secondary education shall not exceed that available to public secondary education on a per capita basis.
“SEC. 13. College Faculty Development Fund. — For the purpose of improving the quality of teaching in private post-secondary vocational and technical institutions and higher educational institutions, there is hereby established in the TESDA and the CHED, a College Faculty Development Fund to provide for scholarships for graduate degree, degree and non-degree workshops or seminars for faculty members in private post-secondary vocational and technical institutions and higher educational institutions: Provided, That faculty member recipients of such scholarships shall serve as many number of years return service for every year of scholarship availed of as may be determined by the State Assistance Council in conformity with prevailing National Economic and Development Authority (NEDA) policies on return service of government scholars. The scholarship shall be in priority courses as determined by the TESDA and the CHED and cannot be awarded to promote or inhibit sectarian purposes.
“SEC. 14. Teachers’ Salary Subsidy Fund. — A Teachers’ Salary Subsidy Fund is hereby established in the DECS to grant government subsidy to teachers in private high schools participating in the programs of assistance provided in this Act: Provided, That the total monthly salary which includes the subsidy to be received by such private high school teachers shall not be more than eighty percent (80%) of the salary of his counterpart in the public sector: Provided, further, That the amount of monthly subsidy shall not exceed the amount of any monthly salary increase that teachers in public high schools shall after the effectivity of this Act hereinafter receive: Provided, further, That private high school teachers qualified to receive subsidy under this Act are duly licensed by the Professional Regulation Commission: Provided, further, That the government shall provide them with a voucher for the salary subsidy which shall be reimbursed directly to the teachers within sixty (60) days after the close of the school year upon submission of proof of qualification and actual teaching service in a participating private high school: Provided, further, That the present allocation out of increases from tuition and other income shall be maintained: Provided, finally, That in case of insufficiency of funds, priority shall be given to married teachers supporting a family.
“SEC. 15. Program Administration/Rules and Regulations. — The State Assistance Council shall be responsible for policy guidance and direction, monitoring and evaluation of new and existing programs, and the promulgation of the rules and regulations, while the Department of Education, Culture and Sports, the TESDA and the CHED shall be responsible for the day to day administration and program implementation for the programs of assistance to private secondary education, post-secondary vocational and technical education and higher education, respectively. Likewise, it may engage the services and support of any qualified government or private entity for its implementation.
“The State Assistance Council, hereinafter known as the Council, shall be headed by the Secretary of Education, Culture and Sports as chairperson, the chairperson of the CHED and the director-general of the TESDA as co-chairpersons, with representatives from the National Economic and Development Authority, the Department of Budget and Management, the Department of Science and Technology, and representatives from duly organized nationwide associations of teachers, students, parents, and school administrators concerned with secondary, post-secondary vocational and technical education and higher education as members. The last three (3) members shall be appointed by the Council upon the recommendation of their respective sectors for a term of one (1) school year subject to re-appointment for a maximum term of four (4) school years. A representative each from the Committees on Education of both Houses of Congress shall be designated resource persons to the Council.
“The Council shall meet, from time to time, as the need arises, to assess the effectivity of the programs and to ensure that the secondary schools, post-secondary vocational and technical institutions and higher educational institutions where student recipients are enrolled continue to provide quality education. For this purpose, the Council shall establish criteria, to determine which secondary schools, post-secondary vocational and technical institutions and higher educational institutions may continue to enroll students and teachers/faculty as recipients of government assistance under this Act.
“SEC. 16. Appropriations. — The amount needed to implement these programs shall be provided for in the annual General Appropriations Act for the year 1998. The appropriation of One billion pesos (P1,000,000,000.00) already appropriated under the General Appropriations Act of 1998 shall be used for this purpose.
“All funds appropriated for this purpose shall be constituted as a trust fund to be administered by the State Assistance Council, which shall be directly and automatically released to the different regional offices of the DECS.
“SEC. 17. Penalties. — In case of violations of the provisions of this Act or the rules and regulations promulgated pursuant thereto by an institution, the Department of Education, Culture and Sports, the TESDA and the CHED, upon the recommendation of the Council, may bar the institution from participating in or benefiting from the programs of this Act, and from other programs of the Department, without prejudice to administrative and criminal charges as may be filed against the school and/or its responsible officers under existing laws.
“SEC. 18. Repealing Clause. — All laws and decrees, particularly Presidential Decree Nos. 932 and 1371, and such letters of instructions, rules and regulations or parts thereof which are inconsistent with this Act are hereby repealed or modified accordingly.
“SEC. 19. Separability Clause. — If any provision of this Act is declared unconstitutional, the same shall not affect the validity and effectivity of the other provisions not affected thereby.
“SEC. 20. Effectivity Clause. — This Act shall take effect immediately upon its publication in English in an English newspaper and in Filipino in a Filipino newspaper, both of general circulation: Provided, That the implementation of new programs of assistance provided in this Act shall be effective in the school year of the succeeding fiscal year within which the appropriations necessary to implement the new programs shall have been approved into law.”
SECTION 2. Effectivity Clause. — This Act shall take effect immediately upon its publication in English in an English newspaper and in Filipino in a Filipino newspaper, both of general circulation.
REPUBLIC ACT NO. 7877
AN ACT DECLARING SEXUAL HARASSMENT UNLAWFUL IN THE EMPLOYMENT, EDUCATION OR TRAINING ENVIRONMENT, AND FOR OTHER PURPOSES
Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembled:
SECTION 1. Title. – This Act shall be known as the “Anti-Sexual Harassment Act of 1995.”
SEC. 2. Declaration of Policy. – The State shall value the dignity of every individual, enhance the development of its human resources guarantee fell respect for human rights, and uphold the dignity of work rs, employees, applicants for employment, students or those undergoing training, instruction or education. Towards this end, all forms of sexual harassment in the employment, education or training environment are hereby declared unlawful.
SEC. 3. Work, Education or Training-related Sexual Harassment Defined. – Work, education or training-related sexual harassment is committed by an employer, employee, manager, supervisor, agent of the employer, teacher, instructor, professor, coach, trainor, or any other person who, having authority, influence or moral ascendancy over another in a work or training or education environment, demands, requests or otherwise requires any sexual favor from the other, regardless of whether the demand, request or requirement for submission is accepted by the object of said Act.
(a) In a work-related or employment environment, sexual
harassment is committed when:
(1) The sexual favor is made as a condition in the hiring or in the employment, re-employment or continued employment of said individual, or in granting said individual favorable compensation, terms, conditions, promotions, or privileges; or the refusal to grant the sexual favor results in limiting, segregating or classifying the employee which in any way would discriminate, deprive or diminish employment opportunities or otherwise adversely affect said employee;
(2) The above acts would impair the employee’s rights or privileges under existing labor laws; or
(3) The above acts would result in an intimidating, hostile, or offensive environment for the employee.
(b) In an education or training environment, sexual harassment is committed:
(1) Against one who is under the care, custody or supervision of the offender;
(2) Against one whose education, training, apprenticeship or tutorship is entrusted to the offender;
(3) When the sexual favor is made a condition to the giving of a passing grade, or the granting of honors and scholarships, or the payment of a stipend, allowance or other benefits, privileges, or considerations; or
(4) When the sexual advances result in an intimidating, hostile or offensive environment for the student, trainee or apprentice.
Any person who directs or induces another to commit any act of sexual harassment as herein defined, or who cooperates in the commission thereof by another without which it would not have been committed, shall also be held liable under this Act.
SEC. 4. Duty of the Employer or Head of Office in a Work-related, Education or Training Environment. – It shall be the duty of the employer or the head of the work-related, educational or training environment or institution, to prevent or deter the commission of acts of sexual harassment and to provide the procedures for the resolution, settlement or prosecution of acts of sexual harassment. Towards this end, the employer or head of office shall:
(a) Promulgate appropriate rules and regulations in consultation with and jointly approved by the employees or students or trainees, through their duly designated representatives, prescribing the procedure for the investigation of sexual harassment cases and the administrative sanctions therefor.
Administrative sanctions shall not be a bar to prosecution in the proper courts for unlawful acts of sexual harassment.
The said rules and regulations issued pursuant to this subsection (a) shall include, among others, guidelines on proper decorum in the workplace and educational or training institutions.
(b) Create a committee on decorum and investigation of cases on sexual harassment. The committee shall conduct meetings, as the case may be, with officers and employees, teachers, instructors, professors, coaches, trainors and students or trainees to increase understanding and prevent incidents of sexual harassment. It shall also conduct the investigation of alleged cases constituting sexual harassment.
In the case of a work-related environment, the committee shall be composed of at least one (1) representative each from the management, the union, if any, the employees from the supervisory rank, and from the rank and file employees.
In the case of the educational or training institution, the committee shall be composed of at least one (1) representative from the administration, the trainors, teachers, instructors, professors or coaches and students or trainees, as the case may be.
The employer or head of office, educational or training institution shall disseminate or post . copy of this Act for the information of all concerned.
SEC. 5. Liability of the Employer, Head of Office, Educational or Training Institution. – The employer or head of office, educational or training institution shall be solidarily liable for damages arising from the acts of sexual harassment committed in the employment, education or training environment if the employer or head of office, educational or training institution is informed of such acts by the offended party and no immediate action is taken thereon.
SEC. 6. Independent Action for Damages. – Nothing in this Act shall preclude the victim of work, education or training-related sexual harassment from instituting a separate and independent action for damages and other affirmative relief.
SEC 7. Penalties. – Any person who violates the provisions of this Act shall, upon conviction, be penalized by imprisonment of not less than one (1) month nor more than six (6) months, or a fine of not less than Ten thousand pesos (P 10,000) nor more than Twenty thousand pesos (P 20,000), or both such fine and imprisonment at the discretion of the court.
Any action arising from the violation of the provisions of this Act shall prescribe in three (3) years.
SEC. 8. Separability Clause. – If any portion or provision of this Act is declared void or unconstitutional, the remaining portions or provisions hereof shall not be affected by such declaration.
SEC. 9. Repealing Clause. – All laws, decrees, orders, rules and regulations, other issuances, or parts thereof inconsistent with the provisions of this Act are hereby repealed or modified accordingly.
SEC. 10. Effectivity Clause. – This Act shall take effect fifteen (15) days after its complete publication in at least two (2) national newspapers of general circulation.
Republic Act No. 9262
AN ACT DEFINING VIOLENCE AGAINST WOMEN AND THEIR CHILDREN, PROVIDING FOR PROTECTIVE MEASURES FOR VICTIMS, PRESCRIBING PENALTIES THEREFORE, AND FOR OTHER PURPOSES
Be it enacted by the Senate and House of Representatives of the Philippine Congress Assembled:
SECTION 1. Short Title.- This Act shall be known as the "Anti-Violence Against Women and Their Children Act of 2004".
SECTION 2. Declaration of Policy.- It is hereby declared that the State values the dignity of women and children and guarantees full respect for human rights. The State also recognizes the need to protect the family and its members particularly women and children, from violence and threats to their personal safety and security.
Towards this end, the State shall exert efforts to address violence committed against women and children in keeping with the fundamental freedoms guaranteed under the Constitution and the Provisions of the Universal Declaration of Human Rights, the convention on the Elimination of all forms of discrimination Against Women, Convention on the Rights of the Child and other international human rights instruments of which the Philippines is a party.
SECTION 3. Definition of Terms.- As used in this Act,
(a) "Violence against women and their children" refers to any act or a series of acts committed by any person against a woman who is his wife, former wife, or against a woman with whom the person has or had a sexual or dating relationship, or with whom he has a common child, or against her child whether legitimate or illegitimate, within or without the family abode, which result in or is likely to result in physical, sexual, psychological harm or suffering, or economic abuse including threats of such acts, battery, assault, coercion, harassment or arbitrary deprivation of liberty. It includes, but is not limited to, the following acts:
A. "Physical Violence" refers to acts that include bodily or physical harm;
B. "Sexual violence" refers to an act which is sexual in nature, committed against a woman or her child. It includes, but is not limited to:
a) rape, sexual harassment, acts of lasciviousness, treating a woman or her child as a sex object, making demeaning and sexually suggestive remarks, physically attacking the sexual parts of the victim's body, forcing her/him to watch obscene publications and indecent shows or forcing the woman or her child to do indecent acts and/or make films thereof, forcing the wife and mistress/lover to live in the conjugal home or sleep together in the same room with the abuser;
b) acts causing or attempting to cause the victim to engage in any sexual activity by force, threat of force, physical or other harm or threat of physical or other harm or coercion;
c) Prostituting the woman or child.
C. "Psychological violence" refers to acts or omissions causing or likely to cause mental or emotional suffering of the victim such as but not limited to intimidation, harassment, stalking, damage to property, public ridicule or humiliation, repeated verbal abuse and mental infidelity. It includes causing or allowing the victim to witness the physical, sexual or psychological abuse of a member of the family to which the victim belongs, or to witness pornography in any form or to witness abusive injury to pets or to unlawful or unwanted deprivation of the right to custody and/or visitation of common children.
D. "Economic abuse" refers to acts that make or attempt to make a woman financially dependent which includes, but is not limited to the following:
1. withdrawal of financial support or preventing the victim from engaging in any legitimate profession, occupation, business or activity, except in cases wherein the other spouse/partner objects on valid, serious and moral grounds as defined in Article 73 of the Family Code;
2. deprivation or threat of deprivation of financial resources and the right to the use and enjoyment of the conjugal, community or property owned in common;
3. destroying household property;
4. controlling the victims' own money or properties or solely controlling the conjugal money or properties.
(b) "Battery" refers to an act of inflicting physical harm upon the woman or her child resulting to the physical and psychological or emotional distress.
(c) "Battered Woman Syndrome" refers to a scientifically defined pattern of psychological and behavioral symptoms found in women living in battering relationships as a result of cumulative abuse.
(d) "Stalking" refers to an intentional act committed by a person who, knowingly and without lawful justification follows the woman or her child or places the woman or her child under surveillance directly or indirectly or a combination thereof.
(e) "Dating relationship" refers to a situation wherein the parties live as husband and wife without the benefit of marriage or are romantically involved over time and on a continuing basis during the course of the relationship. A casual acquaintance or ordinary socialization between two individuals in a business or social context is not a dating relationship.
(f) "Sexual relations" refers to a single sexual act which may or may not result in the bearing of a common child.
(g) "Safe place or shelter" refers to any home or institution maintained or managed by the Department of Social Welfare and Development (DSWD) or by any other agency or voluntary organization accredited by the DSWD for the purposes of this Act or any other suitable place the resident of which is willing temporarily to receive the victim.
(h) "Children" refers to those below eighteen (18) years of age or older but are incapable of taking care of themselves as defined under Republic Act No. 7610. As used in this Act, it includes the biological children of the victim and other children under her care.
SECTION 4. Construction.- This Act shall be liberally construed to promote the protection and safety of victims of violence against women and their children.
SECTION 5. Acts of Violence Against Women and Their Children.- The crime of violence against women and their children is committed through any of the following acts:
(a) Causing physical harm to the woman or her child;
(b) Threatening to cause the woman or her child physical harm;
(c) Attempting to cause the woman or her child physical harm;
(d) Placing the woman or her child in fear of imminent physical harm;
(e) Attempting to compel or compelling the woman or her child to engage in conduct which the woman or her child has the right to desist from or desist from conduct which the woman or her child has the right to engage in, or attempting to restrict or restricting the woman's or her child's freedom of movement or conduct by force or threat of force, physical or other harm or threat of physical or other harm, or intimidation directed against the woman or child. This shall include, but not limited to, the following acts committed with the purpose or effect of controlling or restricting the woman's or her child's movement or conduct:
(1) Threatening to deprive or actually depriving the woman or her child of custody to her/his family;
(2) Depriving or threatening to deprive the woman or her children of financial support legally due her or her family, or deliberately providing the woman's children insufficient financial support;
(3) Depriving or threatening to deprive the woman or her child of a legal right;
(4) Preventing the woman in engaging in any legitimate profession, occupation, business or activity or controlling the victim's own mon4ey or properties, or solely controlling the conjugal or common money, or properties;
(f) Inflicting or threatening to inflict physical harm on oneself for the purpose of controlling her actions or decisions;
(g) Causing or attempting to cause the woman or her child to engage in any sexual activity which does not constitute rape, by force or threat of force, physical harm, or through intimidation directed against the woman or her child or her/his immediate family;
(h) Engaging in purposeful, knowing, or reckless conduct, personally or through another, that alarms or causes substantial emotional or psychological distress to the woman or her child. This shall include, but not be limited to, the following acts:
(1) Stalking or following the woman or her child in public or private places;
(2) Peering in the window or lingering outside the residence of the woman or her child;
(3) Entering or remaining in the dwelling or on the property of the woman or her child against her/his will;
(4) Destroying the property and personal belongings or inflicting harm to animals or pets of the woman or her child; and
(5) Engaging in any form of harassment or violence;
(i) Causing mental or emotional anguish, public ridicule or humiliation to the woman or her child, including, but not limited to, repeated verbal and emotional abuse, and denial of financial support or custody of minor children of access to the woman's child/children.
SECTION 6. Penalties.- The crime of violence against women and their children, under Section 5 hereof shall be punished according to the following rules:
(a) Acts falling under Section 5(a) constituting attempted, frustrated or consummated parricide or murder or homicide shall be punished in accordance with the provisions of the Revised Penal Code.
If these acts resulted in mutilation, it shall be punishable in accordance with the Revised Penal Code; those constituting serious physical injuries shall have the penalty of prison mayor; those constituting less serious physical injuries shall be punished by prision correccional; and those constituting slight physical injuries shall be punished by arresto mayor.
Acts falling under Section 5(b) shall be punished by imprisonment of two degrees lower than the prescribed penalty for the consummated crime as specified in the preceding paragraph but shall in no case be lower than arresto mayor.
(b) Acts falling under Section 5(c) and 5(d) shall be punished by arresto mayor;
(c) Acts falling under Section 5(e) shall be punished by prision correccional;
(d) Acts falling under Section 5(f) shall be punished by arresto mayor;
(e) Acts falling under Section 5(g) shall be punished by prision mayor;
(f) Acts falling under Section 5(h) and Section 5(i) shall be punished by prision mayor.
If the acts are committed while the woman or child is pregnant or committed in the presence of her child, the penalty to be applied shall be the maximum period of penalty prescribed in the section.
In addition to imprisonment, the perpetrator shall (a) pay a fine in the amount of not less than One hundred thousand pesos (P100,000.00) but not more than three hundred thousand pesos (300,000.00); (b) undergo mandatory psychological counseling or psychiatric treatment and shall report compliance to the court.
SECTION 7. Venue.- The Regional Trial Court designated as a Family Court shall have original and exclusive jurisdiction over cases of violence against women and their children under this law. In the absence of such court in the place where the offense was committed, the case shall be filed in the Regional Trial Court where the crime or any of its elements was committed at the option of the compliant.
SECTION 8. Protection Orders.- A protection order is an order issued under this act for the purpose of preventing further acts of violence against a woman or her child specified in Section 5 of this Act and granting other necessary relief. The relief granted under a protection order serve the purpose of safeguarding the victim from further harm, minimizing any disruption in the victim's daily life, and facilitating the opportunity and ability of the victim to independently regain control over her life. The provisions of the protection order shall be enforced by law enforcement agencies. The protection orders that may be issued under this Act are the barangay protection order (BPO), temporary protection order (TPO) and permanent protection order (PPO). The protection orders that may be issued under this Act shall include any, some or all of the following reliefs:
(a) Prohibition of the respondent from threatening to commit or committing, personally or through another, any of the acts mentioned in Section 5 of this Act;
(b) Prohibition of the respondent from harassing, annoying, telephoning, contacting or otherwise communicating with the petitioner, directly or indirectly;
(c) Removal and exclusion of the respondent from the residence of the petitioner, regardless of ownership of the residence, either temporarily for the purpose of protecting the petitioner, or permanently where no property rights are violated, and if respondent must remove personal effects from the residence, the court shall direct a law enforcement agent to accompany the respondent has gathered his things and escort respondent from the residence;
(d) Directing the respondent to stay away from petitioner and designated family or household member at a distance specified by the court, and to stay away from the residence, school, place of employment, or any specified place frequented by the petitioner and any designated family or household member;
(e) Directing lawful possession and use by petitioner of an automobile and other essential personal effects, regardless of ownership, and directing the appropriate law enforcement officer to accompany the petitioner to the residence of the parties to ensure that the petitioner is safely restored to the possession of the automobile and other essential personal effects, or to supervise the petitioner's or respondent's removal of personal belongings;
(f) Granting a temporary or permanent custody of a child/children to the petitioner;
(g) Directing the respondent to provide support to the woman and/or her child if entitled to legal support. Notwithstanding other laws to the contrary, the court shall order an appropriate percentage of the income or salary of the respondent to be withheld regularly by the respondent's employer for the same to be automatically remitted directly to the woman. Failure to remit and/or withhold or any delay in the remittance of support to the woman and/or her child without justifiable cause shall render the respondent or his employer liable for indirect contempt of court;
(h) Prohibition of the respondent from any use or possession of any firearm or deadly weapon and order him to surrender the same to the court for appropriate disposition by the court, including revocation of license and disqualification to apply for any license to use or possess a firearm. If the offender is a law enforcement agent, the court shall order the offender to surrender his firearm and shall direct the appropriate authority to investigate on the offender and take appropriate action on matter;
(i) Restitution for actual damages caused by the violence inflicted, including, but not limited to, property damage, medical expenses, childcare expenses and loss of income;
(j) Directing the DSWD or any appropriate agency to provide petitioner may need; and
(k) Provision of such other forms of relief as the court deems necessary to protect and provide for the safety of the petitioner and any designated family or household member, provided petitioner and any designated family or household member consents to such relief.
Any of the reliefs provided under this section shall be granted even in the absence of a decree of legal separation or annulment or declaration of absolute nullity of marriage.
The issuance of a BPO or the pendency of an application for BPO shall not preclude a petitioner from applying for, or the court from granting a TPO or PPO.
SECTION 9. Who may file Petition for Protection Orders. – A petition for protection order may be filed by any of the following:
(a) the offended party;
(b) parents or guardians of the offended party;
(c) ascendants, descendants or collateral relatives within the fourth civil degree of consanguinity or affinity;
(d) officers or social workers of the DSWD or social workers of local government units (LGUs);
(e) police officers, preferably those in charge of women and children's desks;
(f) Punong Barangay or Barangay Kagawad;
(g) lawyer, counselor, therapist or healthcare provider of the petitioner;
(h) At least two (2) concerned responsible citizens of the city or municipality where the violence against women and their children occurred and who has personal knowledge of the offense committed.
SECTION 10. Where to Apply for a Protection Order. – Applications for BPOs shall follow the rules on venue under Section 409 of the Local Government Code of 1991 and its implementing rules and regulations. An application for a TPO or PPO may be filed in the regional trial court, metropolitan trial court, municipal trial court, municipal circuit trial court with territorial jurisdiction over the place of residence of the petitioner: Provided, however, That if a family court exists in the place of residence of the petitioner, the application shall be filed with that court.
SECTION 11. How to Apply for a Protection Order. – The application for a protection order must be in writing, signed and verified under oath by the applicant. It may be filed as an independent action or as incidental relief in any civil or criminal case the subject matter or issues thereof partakes of a violence as described in this Act. A standard protection order application form, written in English with translation to the major local languages, shall be made available to facilitate applications for protections order, and shall contain, among other, the following information:
(a) names and addresses of petitioner and respondent;
(b) description of relationships between petitioner and respondent;
(c) a statement of the circumstances of the abuse;
(d) description of the reliefs requested by petitioner as specified in Section 8 herein;
(e) request for counsel and reasons for such;
(f) request for waiver of application fees until hearing; and
(g) an attestation that there is no pending application for a protection order in another court.
If the applicants is not the victim, the application must be accompanied by an affidavit of the applicant attesting to (a) the circumstances of the abuse suffered by the victim and (b) the circumstances of consent given by the victim for the filling of the application. When disclosure of the address of the victim will pose danger to her life, it shall be so stated in the application. In such a case, the applicant shall attest that the victim is residing in the municipality or city over which court has territorial jurisdiction, and shall provide a mailing address for purpose of service processing.
An application for protection order filed with a court shall be considered an application for both a TPO and PPO.
Barangay officials and court personnel shall assist applicants in the preparation of the application. Law enforcement agents shall also extend assistance in the application for protection orders in cases brought to their attention.
SECTION 12. Enforceability of Protection Orders. – All TPOs and PPOs issued under this Act shall be enforceable anywhere in the Philippines and a violation thereof shall be punishable with a fine ranging from Five Thousand Pesos (P5,000.00) to Fifty Thousand Pesos (P50,000.00) and/or imprisonment of six (6) months.
SECTION 13. Legal Representation of Petitioners for Protection Order. – If the woman or her child requests in the applications for a protection order for the appointment of counsel because of lack of economic means to hire a counsel de parte, the court shall immediately direct the Public Attorney's Office (PAO) to represent the petitioner in the hearing on the application. If the PAO determines that the applicant can afford to hire the services of a counsel de parte, it shall facilitate the legal representation of the petitioner by a counsel de parte. The lack of access to family or conjugal resources by the applicant, such as when the same are controlled by the perpetrator, shall qualify the petitioner to legal representation by the PAO.
However, a private counsel offering free legal service is not barred from representing the petitioner.
SECTION 14. Barangay Protection Orders (BPOs); Who May Issue and How. - Barangay Protection Orders (BPOs) refer to the protection order issued by the Punong Barangay ordering the perpetrator to desist from committing acts under Section 5 (a) and (b) of this Act. A Punong Barangay who receives applications for a BPO shall issue the protection order to the applicant on the date of filing after ex parte determination of the basis of the application. If the Punong Barangay is unavailable to act on the application for a BPO, the application shall be acted upon by any available Barangay Kagawad. If the BPO is issued by a Barangay Kagawad the order must be accompanied by an attestation by the Barangay Kagawad that the Punong Barangay was unavailable at the time for the issuance of the BPO. BPOs shall be effective for fifteen (15) days. Immediately after the issuance of an ex parte BPO, the Punong Barangay or Barangay Kagawad shall personally serve a copy of the same on the respondent, or direct any barangay official to effect is personal service.
The parties may be accompanied by a non-lawyer advocate in any proceeding before the Punong Barangay.
SECTION 15. Temporary Protection Orders. – Temporary Protection Orders (TPOs) refers to the protection order issued by the court on the date of filing of the application after ex parte determination that such order should be issued. A court may grant in a TPO any, some or all of the reliefs mentioned in this Act and shall be effective for thirty (30) days. The court shall schedule a hearing on the issuance of a PPO prior to or on the date of the expiration of the TPO. The court shall order the immediate personal service of the TPO on the respondent by the court sheriff who may obtain the assistance of law enforcement agents for the service. The TPO shall include notice of the date of the hearing on the merits of the issuance of a PPO.
SECTION 16. Permanent Protection Orders. – Permanent Protection Order (PPO) refers to protection order issued by the court after notice and hearing.
Respondents non-appearance despite proper notice, or his lack of a lawyer, or the non-availability of his lawyer shall not be a ground for rescheduling or postponing the hearing on the merits of the issuance of a PPO. If the respondents appears without counsel on the date of the hearing on the PPO, the court shall appoint a lawyer for the respondent and immediately proceed with the hearing. In case the respondent fails to appear despite proper notice, the court shall allow ex parte presentation of the evidence by the applicant and render judgment on the basis of the evidence presented. The court shall allow the introduction of any history of abusive conduct of a respondent even if the same was not directed against the applicant or the person for whom the applicant is made.
The court shall, to the extent possible, conduct the hearing on the merits of the issuance of a PPO in one (1) day. Where the court is unable to conduct the hearing within one (1) day and the TPO issued is due to expire, the court shall continuously extend or renew the TPO for a period of thirty (30) days at each particular time until final judgment is issued. The extended or renewed TPO may be modified by the court as may be necessary or applicable to address the needs of the applicant.
The court may grant any, some or all of the reliefs specified in Section 8 hereof in a PPO. A PPO shall be effective until revoked by a court upon application of the person in whose favor the order was issued. The court shall ensure immediate personal service of the PPO on respondent.
The court shall not deny the issuance of protection order on the basis of the lapse of time between the act of violence and the filing of the application.
Regardless of the conviction or acquittal of the respondent, the Court must determine whether or not the PPO shall become final. Even in a dismissal, a PPO shall be granted as long as there is no clear showing that the act from which the order might arise did not exist.
SECTION 17. Notice of Sanction in Protection Orders. – The following statement must be printed in bold-faced type or in capital letters on the protection order issued by the Punong Barangay or court:
"VIOLATION OF THIS ORDER IS PUNISHABLE BY LAW."
SECTION 18. Mandatory Period For Acting on Applications For Protection Orders – Failure to act on an application for a protection order within the reglementary period specified in the previous section without justifiable cause shall render the official or judge administratively liable.
SECTION 19. Legal Separation Cases. – In cases of legal separation, where violence as specified in this Act is alleged, Article 58 of the Family Code shall not apply. The court shall proceed on the main case and other incidents of the case as soon as possible. The hearing on any application for a protection order filed by the petitioner must be conducted within the mandatory period specified in this Act.
SECTION 20. Priority of Application for a Protection Order. – Ex parte and adversarial hearings to determine the basis of applications for a protection order under this Act shall have priority over all other proceedings. Barangay officials and the courts shall schedule and conduct hearings on applications for a protection order under this Act above all other business and, if necessary, suspend other proceedings in order to hear applications for a protection order.
SECTION 21. Violation of Protection Orders. – A complaint for a violation of a BPO issued under this Act must be filed directly with any municipal trial court, metropolitan trial court, or municipal circuit trial court that has territorial jurisdiction over the barangay that issued the BPO. Violation of a BPO shall be punishable by imprisonment of thirty (30) days without prejudice to any other criminal or civil action that the offended party may file for any of the acts committed.
A judgement of violation of a BPO ma be appealed according to the Rules of Court. During trial and upon judgment, the trial court may motu proprio issue a protection order as it deems necessary without need of an application.
Violation of any provision of a TPO or PPO issued under this Act shall constitute contempt of court punishable under Rule 71 of the Rules of Court, without prejudice to any other criminal or civil action that the offended party may file for any of the acts committed.
SECTION 22. Applicability of Protection Orders to Criminal Cases. – The foregoing provisions on protection orders shall be applicable in impliedly instituted with the criminal actions involving violence against women and their children.
SECTION 23. Bond to Keep the Peace. – The Court may order any person against whom a protection order is issued to give a bond to keep the peace, to present two sufficient sureties who shall undertake that such person will not commit the violence sought to be prevented.
Should the respondent fail to give the bond as required, he shall be detained for a period which shall in no case exceed six (6) months, if he shall have been prosecuted for acts punishable under Section 5(a) to 5(f) and not exceeding thirty (30) days, if for acts punishable under Section 5(g) to 5(I).
The protection orders referred to in this section are the TPOs and the PPOs issued only by the courts.
SECTION 24. Prescriptive Period. – Acts falling under Sections 5(a) to 5(f) shall prescribe in twenty (20) years. Acts falling under Sections 5(g) to 5(I) shall prescribe in ten (10) years.
SECTION 25. Public Crime. – Violence against women and their children shall be considered a public offense which may be prosecuted upon the filing of a complaint by any citizen having personal knowledge of the circumstances involving the commission of the crime.
SECTION 26. Battered Woman Syndrome as a Defense. – Victim-survivors who are found by the courts to be suffering from battered woman syndrome do not incur any criminal and civil liability notwithstanding the absence of any of the elements for justifying circumstances of self-defense under the Revised Penal Code.
In the determination of the state of mind of the woman who was suffering from battered woman syndrome at the time of the commission of the crime, the courts shall be assisted by expert psychiatrists/ psychologists.
SECTION 27. Prohibited Defense. – Being under the influence of alcohol, any illicit drug, or any other mind-altering substance shall not be a defense under this Act.
SECTION 28. Custody of children. – The woman victim of violence shall be entitled to the custody and support of her child/children. Children below seven (7) years old older but with mental or physical disabilities shall automatically be given to the mother, with right to support, unless the court finds compelling reasons to order otherwise.
A victim who is suffering from battered woman syndrome shall not be disqualified from having custody of her children. In no case shall custody of minor children be given to the perpetrator of a woman who is suffering from Battered woman syndrome.
SECTION 29. Duties of Prosecutors/Court Personnel. – Prosecutors and court personnel should observe the following duties when dealing with victims under this Act:
a) communicate with the victim in a language understood by the woman or her child; and
b) inform the victim of her/his rights including legal remedies available and procedure, and privileges for indigent litigants.
SECTION 30. Duties of Barangay Officials and Law Enforcers. – Barangay officials and law enforcers shall have the following duties:
(a) respond immediately to a call for help or request for assistance or protection of the victim by entering the necessary whether or not a protection order has been issued and ensure the safety of the victim/s;
(b) confiscate any deadly weapon in the possession of the perpetrator or within plain view;
(c) transport or escort the victim/s to a safe place of their choice or to a clinic or hospital;
(d) assist the victim in removing personal belongs from the house;
(e) assist the barangay officials and other government officers and employees who respond to a call for help;
(f) ensure the enforcement of the Protection Orders issued by the Punong Barangy or the courts;
(g) arrest the suspected perpetrator wiithout a warrant when any of the acts of violence defined by this Act is occurring, or when he/she has personal knowledge that any act of abuse has just been committed, and there is imminent danger to the life or limb of the victim as defined in this Act; and
(h) immediately report the call for assessment or assistance of the DSWD, social Welfare Department of LGUs or accredited non-government organizations (NGOs).
Any barangay official or law enforcer who fails to report the incident shall be liable for a fine not exceeding Ten Thousand Pesos (P10,000.00) or whenever applicable criminal, civil or administrative liability.
SECTION 31. Healthcare Provider Response to Abuse – Any healthcare provider, including, but not limited to, an attending physician, nurse, clinician, barangay health worker, therapist or counselor who suspects abuse or has been informed by the victim of violence shall:
(a) properly document any of the victim's physical, emotional or psychological injuries;
(b) properly record any of victim's suspicions, observations and circumstances of the examination or visit;
(c) automatically provide the victim free of charge a medical certificate concerning the examination or visit;
(d) safeguard the records and make them available to the victim upon request at actual cost; and
(e) provide the victim immediate and adequate notice of rights and remedies provided under this Act, and services available to them.
SECTION 32. Duties of Other Government Agencies and LGUs – Other government agencies and LGUs shall establish programs such as, but not limited to, education and information campaign and seminars or symposia on the nature, causes, incidence and consequences of such violence particularly towards educating the public on its social impacts.
It shall be the duty of the concerned government agencies and LGU's to ensure the sustained education and training of their officers and personnel on the prevention of violence against women and their children under the Act.
SECTION 33. Prohibited Acts. – A Punong Barangay, Barangay Kagawad or the court hearing an application for a protection order shall not order, direct, force or in any way unduly influence he applicant for a protection order to compromise or abandon any of the reliefs sought in the application for protection under this Act. Section 7 of the Family Courts Act of 1997 and Sections 410, 411, 412 and 413 of the Local Government Code of 1991 shall not apply in proceedings where relief is sought under this Act.
Failure to comply with this Section shall render the official or judge administratively liable.
SECTION 34. Persons Intervening Exempt from Liability. – In every case of violence against women and their children as herein defined, any person, private individual or police authority or barangay official who, acting in accordance with law, responds or intervenes without using violence or restraint greater than necessary to ensure the safety of the victim, shall not be liable for any criminal, civil or administrative liability resulting therefrom.
SECTION 35. Rights of Victims. – In addition to their rights under existing laws, victims of violence against women and their children shall have the following rights:
(a) to be treated with respect and dignity;
(b) to avail of legal assistance form the PAO of the Department of Justice (DOJ) or any public legal assistance office;
(c) To be entitled to support services form the DSWD and LGUs'
(d) To be entitled to all legal remedies and support as provided for under the Family Code; and
(e) To be informed of their rights and the services available to them including their right to apply for a protection order.
SECTION 36. Damages. – Any victim of violence under this Act shall be entitled to actual, compensatory, moral and exemplary damages.
SECTION 37. Hold Departure Order. – The court shall expedite the process of issuance of a hold departure order in cases prosecuted under this Act.
SECTION 38. Exemption from Payment of Docket Fee and Other Expenses. – If the victim is an indigent or there is an immediate necessity due to imminent danger or threat of danger to act on an application for a protection order, the court shall accept the application without payment of the filing fee and other fees and of transcript of stenographic notes.
SECTION 39. Inter-Agency Council on Violence Against Women and Their Children (IAC-VAWC). In pursuance of the abovementioned policy, there is hereby established an Inter-Agency Council on Violence Against Women and their children, hereinafter known as the Council, which shall be composed of the following agencies:
(a) Department of Social Welfare and Development (DSWD);
(b) National Commission on the Role of Filipino Women (NCRFW);
(c) Civil Service Commission (CSC);
(d) Commission on Human rights (CHR)
(e) Council for the Welfare of Children (CWC);
(f) Department of Justice (DOJ);
(g) Department of the Interior and Local Government (DILG);
(h) Philippine National Police (PNP);
(i) Department of Health (DOH);
(j) Department of Education (DepEd);
(k) Department of Labor and Employment (DOLE); and
(l) National Bureau of Investigation (NBI).
These agencies are tasked to formulate programs and projects to eliminate VAW based on their mandates as well as develop capability programs for their employees to become more sensitive to the needs of their clients. The Council will also serve as the monitoring body as regards to VAW initiatives.
The Council members may designate their duly authorized representative who shall have a rank not lower than an assistant secretary or its equivalent. These representatives shall attend Council meetings in their behalf, and shall receive emoluments as may be determined by the Council in accordance with existing budget and accounting rules and regulations.
SECTION 40. Mandatory Programs and Services for Victims. – The DSWD, and LGU's shall provide the victims temporary shelters, provide counseling, psycho-social services and /or, recovery, rehabilitation programs and livelihood assistance.
The DOH shall provide medical assistance to victims.
SECTION 41. Counseling and Treatment of Offenders. – The DSWD shall provide rehabilitative counseling and treatment to perpetrators towards learning constructive ways of coping with anger and emotional outbursts and reforming their ways. When necessary, the offender shall be ordered by the Court to submit to psychiatric treatment or confinement.
SECTION 42. Training of Persons Involved in Responding to Violence Against Women and their Children Cases. – All agencies involved in responding to violence against women and their children cases shall be required to undergo education and training to acquaint them with:
a. the nature, extend and causes of violence against women and their children;
b. the legal rights of, and remedies available to, victims of violence against women and their children;
c. the services and facilities available to victims or survivors;
d. the legal duties imposed on police officers to make arrest and to offer protection and assistance; and
e. techniques for handling incidents of violence against women and their children that minimize the likelihood of injury to the officer and promote the safety of the victim or survivor.
The PNP, in coordination with LGU's shall establish an education and training program for police officers and barangay officials to enable them to properly handle cases of violence against women and their children.
SECTION 43. Entitled to Leave. – Victims under this Act shall be entitled to take a paid leave of absence up to ten (10) days in addition to other paid leaves under the Labor Code and Civil Service Rules and Regulations, extendible when the necessity arises as specified in the protection order.
Any employer who shall prejudice the right of the person under this section shall be penalized in accordance with the provisions of the Labor Code and Civil Service Rules and Regulations. Likewise, an employer who shall prejudice any person for assisting a co-employee who is a victim under this Act shall likewise be liable for discrimination.
SECTION 44. Confidentiality. – All records pertaining to cases of violence against women and their children including those in the barangay shall be confidential and all public officers and employees and public or private clinics to hospitals shall respect the right to privacy of the victim. Whoever publishes or causes to be published, in any format, the name, address, telephone number, school, business address, employer, or other identifying information of a victim or an immediate family member, without the latter's consent, shall be liable to the contempt power of the court.
Any person who violates this provision shall suffer the penalty of one (1) year imprisonment and a fine of not more than Five Hundred Thousand pesos (P500,000.00).
SECTION 45. Funding – The amount necessary to implement the provisions of this Act shall be included in the annual General Appropriations Act (GAA).
The Gender and Development (GAD) Budget of the mandated agencies and LGU's shall be used to implement services for victim of violence against women and their children.
SECTION 46. Implementing Rules and Regulations. – Within six (6) months from the approval of this Act, the DOJ, the NCRFW, the DSWD, the DILG, the DOH, and the PNP, and three (3) representatives from NGOs to be identified by the NCRFW, shall promulgate the Implementing Rules and Regulations (IRR) of this Act.
SECTION 47. Suppletory Application – For purposes of this Act, the Revised Penal Code and other applicable laws, shall have suppletory application.
SECTION 48. Separability Clause. – If any section or provision of this Act is held unconstitutional or invalid, the other sections or provisions shall not be affected.
SECTION 49. Repealing Clause – All laws, Presidential decrees, executive orders and rules and regulations, or parts thereof, inconsistent with the provisions of this Act are hereby repealed or modified accordingly.
SECTION 50. Effectivity – This Act shall take effect fifteen (15) days from the date of its complete publication in at least two (2) newspapers of general circulation.
Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembled:
SECTION 1. In the appointment or assignment of teachers to public elementary or secondary schools, priority shall be given to bona fide residents of the barangay, municipality, city or province where the school is located: Provided, That the teacher possesses all the minimum qualifications for the position as required by law.
Protests regarding the appointment or assignment of classroom public - school teachers shall prescribe in three (3) months upon the issuance of such appointment or assignment.
SEC. 2. In the exercise of its disciplinary authority, the Secretary of Education, Culture and Sports shall impose the following administrative sanctions for any willful violation of this Act: (1) first violation - suspension of one (1) month without pay; (2) second violation - suspension of two (2) months without pay; and (3) third violation and subsequent violations hereof – suspension of six (6) months without pay.
SEC. 3. The Department of Education, Culture and Sports (DECS) shall prescribe the rules and regulations necessary to implement this Act. The DECS shall provide the Senate and the House of Representatives a copy of the rules and regulations within ninety (90) days after approval of this Act.
SEC. 4. All laws, decrees, executive orders, rules and regulations, or parts thereof inconsistent with this Act are hereby repealed or modified accordingly.
SEC. 5. This Act shall take effect fifteen (15) days after its complete publication in the Official Gazette or in at least two (2) newspapers of general circulation.
REPUBLIC ACT NO. 9710
AN ACT PROVIDING FOR THE MAGNA CARTA OF WOMEN
CHAPTER I
General Provisions
SECTION 1. Short Title. — This Act shall be known as “The Magna Carta of Women”.
SECTION 2. Declaration of Policy. — Recognizing that the economic, political, and sociocultural realities affect women’s current condition, the State affirms the role of women in nation building and ensures the substantive equality of women and men. It shall promote empowerment of women and pursue equal opportunities for women and men and ensure equal access to resources and to development results and outcome. Further, the State realizes that equality of men and women entails the abolition of the unequal structures and practices that perpetuate discrimination and inequality. To realize this, the State shall endeavor to develop plans, policies, programs, measures, and mechanisms to address discrimination and inequality in the economic, political, social, and cultural life of women and men.
The State condemns discrimination against women in all its forms and pursues by all appropriate means and without delay the policy of eliminating discrimination against women in keeping with the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW) and other international instruments consistent with Philippine law. The State shall accord women the rights, protection, and opportunities available to every member of society.
The State affirms women’s rights as human rights and shall intensify its efforts to fulfill its duties under international and domestic law to recognize, respect, protect, fulfill, and promote all human rights and fundamental freedoms of women, especially marginalized women, in the economic, social, political, cultural, and other fields without distinction or discrimination on account of class, age, sex, gender, language, ethnicity, religion, ideology, disability, education, and status.
The State shall provide the necessary mechanisms to enforce women’s rights and adopt and undertake all legal measures necessary to foster and promote the equal opportunity for women to participate in and contribute to the development of the political, economic, social, and cultural realms.
The State, in ensuring the full integration of women’s concerns in the mainstream of development, shall provide ample opportunities to enhance and develop their skills, acquire productive employment and contribute to their families and communities to the fullest of their capabilities.
In pursuance of this policy, the State reaffirms the right of women in all sectors to participate in policy formulation, planning, organization, implementation, management, monitoring, and evaluation of all programs, projects, and services. It shall support policies, researches, technology, and training programs and other support services such as financing, production, and marketing to encourage active participation of women in national development.
SECTION 3. Principles of Human Rights of Women. — Human rights are universal and inalienable. All people in the world are entitled to them. The universality of human rights is encompassed in the words of Article 1 of the Universal Declaration of Human Rights, which states that all human beings are free and equal in dignity and rights.
Human rights are indivisible. Human rights are inherent to the dignity of every human being whether they relate to civil, cultural, economic, political, or social issues.
Human rights are interdependent and interrelated. The fulfillment of one right often depends, wholly or in part, upon the fulfillment of others.
All individuals are equal as human beings by virtue of the inherent dignity of each human person. No one, therefore, should suffer discrimination on the basis of ethnicity, gender, age, language, sexual orientation, race, color, religion, political, or other opinion, national, social, or geographical origin, disability, property, birth, or other status as established by human rights standards.
All people have the right to participate in and access information relating to the decision-making processes that affect their lives and well-being. Rights-based approaches require a high degree of participation by communities, civil society, minorities, women, young people, indigenous peoples, and other identified groups.
States and other duty-bearers are answerable for the observance of human rights. They have to comply with the legal norms and standards enshrined in international human rights instruments in accordance with the Philippine Constitution. Where they fail to do so, aggrieved rights-holders are entitled to institute proceedings for appropriate redress before a competent court or other adjudicator in accordance with the rules and procedures provided by law.
CHAPTER II
Definition of Terms
SECTION 4. Definitions. — For purposes of this Act, the following terms shall mean:
(a) “Women Empowerment” refers to the provision, availability, and accessibility of opportunities, services, and observance of human rights which enable women to actively participate and contribute to the political, economic, social, and cultural development of the nation as well as those which shall provide them equal access to ownership, management, and control of production, and of material and informational resources and benefits in the family, community, and society.
(b) “Discrimination Against Women” refers to any gender-based distinction, exclusion, or restriction which has the effect or purpose of impairing or nullifying the recognition, enjoyment, or exercise by women, irrespective of their marital status, on a basis of equality of men and women, of human rights and fundamental freedoms in the political, economic, social, cultural, civil, or any other field.
It includes any act or omission, including by law, policy, administrative measure, or practice, that directly or indirectly excludes or restricts women in the recognition and promotion of their rights and their access to and enjoyment of opportunities, benefits, or privileges.
A measure or practice of general application is discrimination against women if it fails to provide for mechanisms to offset or address sex or gender-based disadvantages or limitations of women, as a result of which women are denied or restricted in the recognition and protection of their rights and in their access to and enjoyment of opportunities, benefits, or privileges; or women, more than men, are shown to have suffered the greater adverse effects of those measures or practices.
Provided, finally, that discrimination compounded by or intersecting with other grounds, status, or condition, such as ethnicity, age, poverty, or religion shall be considered discrimination against women under this Act.
(c) “Marginalization” refers to a condition where a whole category of people is excluded from useful and meaningful participation in political, economic, social, and cultural life.
(d) “Marginalized” refers to the basic, disadvantaged, or vulnerable persons or groups who are mostly living in poverty and have little or no access to land and other resources, basic social and economic services such as health care, education, water and sanitation, employment and livelihood opportunities, housing, social security, physical infrastructure, and the justice system.
These include, but are not limited to, women in the following sectors and groups:
(1) “Small Farmers and Rural Workers” refers to those who are engaged directly or indirectly in small farms and forest areas, workers in commercial farms and plantations, whether paid or unpaid, regular or season-bound. These shall include, but are not limited to, (a) small farmers who own or are still amortizing for lands that is not more than three (3) hectares, tenants, leaseholders, and stewards; and (b) rural workers who are either wage earners, self-employed, unpaid family workers directly and personally engaged in agriculture, small-scale mining, handicrafts, and other related farm and off-farm activities;
(2) “Fisherfolk” refers to those directly or indirectly engaged in taking, culturing, or processing fishery or aquatic resources. These include, but are not to be limited to, women engaged in fishing in municipal waters, coastal and marine areas, women workers in commercial fishing and aquaculture, vendors and processors of fish and coastal products, and subsistence producers such as shell-gatherers, managers, and producers of mangrove resources, and other related producers;
(3) “Urban Poor” refers to those residing in urban and urbanizable slum or blighted areas, with or without the benefit of security of abode, where the income of the head of the family cannot afford in a sustained manner to provide for the family’s basic needs of food, health, education, housing, and other essentials in life;
(4) “Workers in the Formal Economy” refers to those who are employed by any person acting directly or indirectly in the interest of an employer in relation to an employee and shall include the government and all its branches, subdivisions, and instrumentalities, all government-owned and -controlled corporations and institutions, as well as nonprofit private institutions or organizations;
(5) “Workers in the Informal Economy” refers to self-employed, occasionally or personally hired, subcontracted, paid and unpaid family workers in household incorporated and unincorporated enterprises, including home workers, micro-entrepreneurs and producers, and operators of sari-sari stores and all other categories who suffer from violation of workers’ rights;
(6) “Migrant Workers” refers to Filipinos who are to be engaged, are engaged, or have been engaged in a remunerated activity in a State of which they are not legal residents, whether documented or undocumented;
(7) “Indigenous Peoples” refers to a group of people or homogenous societies identified by self-ascription and ascription by other, who have continuously lived as organized community on communally bounded and defined territory, and who have, under claims of ownership since time immemorial, occupied, possessed customs, tradition, and other distinctive cultural traits, or who have, through resistance to political, social, and cultural inroads of colonization, non-indigenous religions and culture, became historically differentiated from the majority of Filipinos. They shall likewise include peoples who are regarded as indigenous on account of their descent from the populations which inhabited the country, at the time of conquest or colonization, or at the time of inroads of non-indigenous religions and cultures, or the establishment of present state boundaries, who retain some or all of their own social, economic, cultural, and political institutions, but who may have been displaced from their traditional domains or who may have resettled outside their ancestral domains as defined under Section 3 (h), Chapter II of Republic Act No. 8371, otherwise known as “The Indigenous Peoples Rights Act of 1997” (IPRA of 1997);
(8) “Moro” refers to native peoples who have historically inhabited Mindanao, Palawan, and Sulu, and who are largely of the Islamic faith;
(9) “Children” refers to those who are below eighteen (18) years of age or over but are unable to fully take care of themselves or protect themselves from abuse, neglect, cruelty, exploitation, or discrimination because of a physical or mental disability or condition;
(10) “Senior Citizens” refers to those sixty (60) years of age and above;
(11) “Persons with Disabilities” refers to those who are suffering from restriction or different abilities, as a result of a mental, physical, or sensory impairment to perform an activity in the manner or within the range considered normal for a human being; and
(12) “Solo Parents” refers to those who fall under the category of a solo parent defined under Republic Act No. 8972, otherwise known as the “Solo Parents Welfare Act of 2000”.
(e) “Substantive Equality” refers to the full and equal enjoyment of rights and freedoms contemplated under this Act. It encompasses de jure and de facto equality and also equality in outcomes.
(f) “Gender Equality” refers to the principle asserting the equality of men and women and their right to enjoy equal conditions realizing their full human potentials to contribute to and benefit from the results of development, and with the State recognizing that all human beings are free and equal in dignity and rights.
(g) “Gender Equity” refers to the policies, instruments, programs, services, and actions that address the disadvantaged position of women in society by providing preferential treatment and affirmative action. Such temporary special measures aimed at accelerating de facto equality between men and women shall not be considered discriminatory but shall in no way entail as a consequence the maintenance of unequal or separate standards. These measures shall be discontinued when the objectives of equality of opportunity and treatment have been achieved.
(h) “Gender and Development (GAD)” refers to the development perspective and process that are participatory and empowering, equitable, sustainable, free from violence, respectful of human rights, supportive of self-determination and actualization of human potentials. It seeks to achieve gender equality as a fundamental value that should be reflected in development choices; seeks to transform society’s social, economic and political structures and questions the validity of the gender roles they ascribed to women and men; contends that women are active agents of development and not just passive recipients of development assistance; and stresses the need of women to organize themselves and participate in political processes to strengthen their legal rights.
(i) “Gender Mainstreaming” refers to the strategy for making women’s as well as men’s concerns and experiences an integral dimension of the design, implementation, monitoring, and evaluation of policies and programs in all political, economic, and societal spheres so that women and men benefit equally and inequality is not perpetuated. It is the process of assessing the implications for women and men of any planned action, including legislation, policies, or programs in all areas and at all levels.
(j) “Temporary Special Measures” refers to a variety of legislative, executive, administrative, and regulatory instruments, policies, and practices aimed at accelerating this de facto equality of women in specific areas. These measures shall not be considered discriminatory but shall in no way entail as a consequence the maintenance of unequal or separate standards. They shall be discontinued when their objectives have been achieved.
(k) “Violence Against Women” refers to any act of gender-based violence that results in, or is likely to result in, physical, sexual, or psychological harm or suffering to women, including threats of such acts, coercion, or arbitrary deprivation of liberty, whether occurring in public or in private life. It shall be understood to encompass, but not limited to, the following:
(1) Physical, sexual, psychological, and economic violence occurring in the family, including battering, sexual abuse of female children in the household, dowry-related violence, marital rape, and other traditional practices harmful to women, non-spousal violence, and violence related to exploitation;
(2) Physical, sexual, and psychological violence occurring within the general community, including rape, sexual abuse, sexual harassment, and intimidation at work, in educational institutions and elsewhere, trafficking in women, and prostitution; and
(3) Physical, sexual, and psychological violence perpetrated or condoned by the State, wherever it occurs.
It also includes acts of violence against women as defined in Republic Acts No. 9208 and 9262.
(l) “Women in the Military” refers to women employed in the military, both in the major and technical services, who are performing combat and/or noncombat functions, providing security to the State, and protecting the people from various forms of threat. It also includes women trainees in all military training institutions.
(m) “Social Protection” refers to policies and programs that seek to reduce poverty and vulnerability to risks and enhance the social status and rights of all women, especially the marginalized by promoting and protecting livelihood and employment, protecting against hazards and sudden loss of income, and improving people’s capacity to manage risk. Its components are labor market programs, social insurance, social welfare, and social safety nets.
CHAPTER III
Duties Related to the Human Rights of Women
The State, private sector, society in general, and all individuals shall contribute to the recognition, respect, and promotion of the rights of women defined and guaranteed under this Act.
SECTION 5. The State as the Primary Duty-Bearer. — The State, as the primary duty-bearer, shall:
(a) Refrain from discriminating against women and violating their rights;
(b) Protect women against discrimination and from violation of their rights by private corporations, entities, and individuals; and
(c) Promote and fulfill the rights of women in all spheres, including their rights to substantive equality and non-discrimination.
The State shall fulfill these duties through law, policy, regulatory instruments, administrative guidelines, and other appropriate measures, including temporary special measures.
Recognizing the interrelation of the human rights of women, the State shall take measures and establish mechanisms to promote the coherent and integrated implementation and enforcement of this Act and related laws, policies, or other measures to effectively stop discrimination against and advance the rights of women.
The State shall keep abreast with and be guided by progressive developments in human rights of women under international law and design of policies, laws, and other measures to promote the objectives of this Act.
SECTION 6. Duties of the State Agencies and Instrumentalities. — These duties of the State shall extend to all state agencies, offices, and instrumentalities at all levels and government-owned and -controlled corporations, subject to the Constitution and pertinent laws, policies, or administrative guidelines that define specific duties of state agencies and entities concerned.
SECTION 7. Suppletory Effect. — This chapter shall be deemed integrated into and be suppletory to other provisions of this Act, particularly those that guarantee specific rights to women and define specific roles and require specific conduct of state organs.
CHAPTER IV
Rights and Empowerment
SECTION 8. Human Rights of Women. — All rights in the Constitution and those rights recognized under international instruments duly signed and ratified by the Philippines, in consonance with Philippine law, shall be rights of women under this Act to be enjoyed without discrimination.
SECTION 9. Protection from Violence. — The State shall ensure that all women shall be protected from all forms of violence as provided for in existing laws. Agencies of government shall give priority to the defense and protection of women against gender-based offenses and help women attain justice and healing.
Towards this end, measures to prosecute and reform offenders shall likewise be pursued. (a) Within the next five (5) years, there shall be an incremental increase in the recruitment and training of women in the police force, forensics and medico-legal, legal services, and social work services availed of by women who are victims of gender-related offenses until fifty percent (50%) of the personnel thereof shall be women.
(b) Women shall have the right to protection and security in situations of armed conflict and militarization. Towards this end, they shall be protected from all forms of gender-based violence, particularly rape and other forms of sexual abuse, and all forms of violence in situations of armed conflict. The State shall observe international standards for the protection of civilian population in circumstances of emergency and armed conflict. It shall not force women, especially indigenous peoples, to abandon their lands, territories, and means of subsistence, or relocate them in special centers for military purposes under any discriminatory condition.
(c) All government personnel involved in the protection and defense of women against gender-based violence shall undergo a mandatory training on human rights and gender sensitivity pursuant to this Act.
(d) All local government units shall establish a Violence Against Women’s Desk in every barangay to ensure that violence against women cases are fully addressed in a gender-responsive manner.
SECTION 10. Women Affected by Disasters, Calamities, and Other Crisis Situations. — Women have the right to protection and security in times of disasters, calamities, and other crisis situations especially in all phases of relief, recovery, rehabilitation, and construction efforts. The State shall provide for immediate humanitarian assistance, allocation of resources, and early resettlement, if necessary. It shall also address the particular needs of women from a gender perspective to ensure their full protection from sexual exploitation and other sexual and gender-based violence committed against them. Responses to disaster situations shall include the provision of services, such as psychosocial support, livelihood support, education, psychological health, and comprehensive health services, including protection during pregnancy.
SECTION 11. Participation and Representation. — The State shall undertake temporary special measures to accelerate the participation and equitable representation of women in all spheres of society particularly in the decision-making and policy-making processes in government and private entities to fully realize their role as agents and beneficiaries of development.
The State shall institute the following affirmative action mechanisms so that women can participate meaningfully in the formulation, implementation, and evaluation of policies, plans, and programs for national, regional, and local development:
(a) Empowerment within the Civil Service. — Within the next five (5) years, the number of women in third (3rd) level positions in government shall be incrementally increased to achieve a fifty-fifty (50-50) gender balance;
(b) Development Councils and Planning Bodies. — To ensure the participation of women in all levels of development planning and program implementation, at least forty percent (40%) of membership of all development councils from the regional, provincial, city, municipal and barangay levels shall be composed of women;
(c) Other Policy and Decision-Making Bodies. — Women’s groups shall also be represented in international, national, and local special and decision-making bodies;
(d) International Bodies. — The State shall take all appropriate measures to ensure the opportunity of women, on equal terms with men and without any discrimination, to represent their governments at the international level and to participate in the work of international organizations;
(e) Integration of Women in Political Parties. — The State shall provide incentives to political parties with women’s agenda. It shall likewise encourage the integration of women in their leadership hierarchy, internal policy-making structures, appointive, and electoral nominating processes; and
(f) Private Sector. — The State shall take measures to encourage women leadership in the private sector in the form of incentives.
SECTION 12. Equal Treatment Before the Law. — The State shall take steps to review and, when necessary, amend and/or repeal existing laws that are discriminatory to women within three (3) years from the effectivity of this Act.
SECTION 13. Equal Access and Elimination of Discrimination in Education, Scholarships, and Training. — (a) The State shall ensure that gender stereotypes and images in educational materials and curricula are adequately and appropriately revised. Gender-sensitive language shall be used at all times. Capacity-building on gender and development (GAD), peace and human rights, education for teachers, and all those involved in the education sector shall be pursued toward this end. Partnerships between and among players of the education sector, including the private sector, churches, and faith groups shall be encouraged.
(b) Enrollment of women in nontraditional skills training in vocational and tertiary levels shall be encouraged.
(c) Expulsion and non-readmission of women faculty due to pregnancy outside of marriage shall be outlawed. No school shall turn out or refuse admission to a female student solely on the account of her having contracted pregnancy outside of marriage during her term in school.
SECTION 14. Women in Sports. — The State shall develop, establish, and strengthen programs for the participation of women and girl-children in competitive and noncompetitive sports as a means to achieve excellence, promote physical and social well-being, eliminate gender-role stereotyping, and provide equal access to the full benefits of development for all persons regardless of sex, gender identity, and other similar factors.
For this purpose, all sports-related organizations shall create guidelines that will establish and integrate affirmative action as a strategy and gender equality as a framework in planning and implementing their policies, budgets, programs, and activities relating to the participation of women and girls in sports.
The State will also provide material and nonmaterial incentives to local government units, media organizations, and the private sector for promoting, training, and preparing women and girls for participation in competitive and noncompetitive sports, especially in local and international events, including, but not limited to, the Palarong Pambansa, Southeast Asian Games, Asian Games, and the Olympics.
No sports event or tournament will offer or award a different sports prize, with respect to its amount or value, to women and men winners in the same sports category: Provided, That the said tournament, contest, race, match, event, or game is open to both sexes: Provided, further, That the sports event or tournament is divided into male or female divisions.
The State shall also ensure the safety and well-being of all women and girls participating in sports, especially, but not limited to, trainees, reserve members, members, coaches, and mentors of national sports teams, whether in studying, training, or performance phases, by providing them comprehensive health and medical insurance coverage, as well as integrated medical, nutritional, and healthcare services.
Schools, colleges, universities, or any other learning institution shall take into account its total women student population in granting athletic scholarship. There shall be a pro rata representation of women in the athletic scholarship program based on the percentage of women in the whole student population.
SECTION 15. Women in the Military. — The State shall pursue appropriate measures to eliminate discrimination of women in the military, police, and other similar services, including revising or abolishing policies and practices that restrict women from availing of both combat and noncombat training that are open to men, or from taking on functions other than administrative tasks, such as engaging in combat, security-related, or field operations. Women in the military shall be accorded the same promotional privileges and opportunities as men, including pay increases, additional remunerations and benefits, and awards based on their competency and quality of performance. Towards this end, the State shall ensure that the personal dignity of women shall always be respected.
Women in the military, police, and other similar services shall be provided with the same right to employment as men on equal conditions. Equally, they shall be accorded the same capacity as men to act in and enter into contracts, including marriage.
Further, women in the military, police, and other similar services shall be entitled to leave benefits such as maternity leave, as provided for by existing laws.
SECTION 16. Nondiscriminatory and Nonderogatory Portrayal of Women in Media and Film. — The State shall formulate policies and programs for the advancement of women in collaboration with government and nongovernment media-related organizations. It shall likewise endeavor to raise the consciousness of the general public in recognizing the dignity of women and the role and contribution of women in the family, community, and the society through the strategic use of mass media.
For this purpose, the State shall ensure allocation of space, airtime, and resources, strengthen programming, production, and image-making that appropriately present women’s needs, issues, and concerns in all forms of media, communication, information dissemination, and advertising.
The State, in cooperation with all schools of journalism, information, and communication, as well as the national media federations and associations, shall require all media organizations and corporations to integrate into their human resource development components regular training on gender equality and gender-based discrimination, create and use gender equality guidelines in all aspects of management, training, production, information, dissemination, communication, and programming; and convene a gender equality committee that will promote gender mainstreaming as a framework and affirmative action as a strategy, and monitor and evaluate the implementation of gender equality guidelines.
SECTION 17. Women’s Right to Health. — (a) Comprehensive Health Services. — The State shall, at all times, provide for a comprehensive, culture-sensitive, and gender-responsive health services and programs covering all stages of a woman’s life cycle and which addresses the major causes of women’s mortality and morbidity: Provided, That in the provision for comprehensive health services, due respect shall be accorded to women’s religious convictions, the rights of the spouses to found a family in accordance with their religious convictions, and the demands of responsible parenthood, and the right of women to protection from hazardous drugs, devices, interventions, and substances.
Access to the following services shall be ensured:
(1) Maternal care to include pre- and post-natal services to address pregnancy and infant health and nutrition;
(2) Promotion of breastfeeding;
(3) Responsible, ethical, legal, safe, and effective methods of family planning;
(4) Family and State collaboration in youth sexuality education and health services without prejudice to the primary right and duty of parents to educate their children;
(5) Prevention and management of reproductive tract infections, including sexually transmitted diseases, HIV, and AIDS;
(6) Prevention and management of reproductive tract cancers like breast and cervical cancers, and other gynecological conditions and disorders;
(7) Prevention of abortion and management of pregnancy-related complications;
(8) In cases of violence against women and children, women and children victims and survivors shall be provided with comprehensive health services that include psychosocial, therapeutic, medical, and legal interventions and assistance towards healing, recovery, and empowerment;
(9) Prevention and management of infertility and sexual dysfunction pursuant to ethical norms and medical standards;
(10) Care of the elderly women beyond their child-bearing years; and
(11) Management, treatment, and intervention of mental health problems of women and girls.
In addition, healthy lifestyle activities are encouraged and promoted through programs and projects as strategies in the prevention of diseases.
(b) Comprehensive Health Information and Education. — The State shall provide women in all sectors with appropriate, timely, complete, and accurate information and education on all the above-stated aspects of women’s health in government education and training programs, with due regard to the following:
(1) The natural and primary right and duty of parents in the rearing of the youth and the development of moral character and the right of children to be brought up in an atmosphere of morality and rectitude for the enrichment and strengthening of character;
(2) The formation of a person’s sexuality that affirms human dignity; and
(3) Ethical, legal, safe, and effective family planning methods including fertility awareness.
SECTION 18. Special Leave Benefits for Women. — A woman employee having rendered continuous aggregate employment service of at least six (6) months for the last twelve (12) months shall be entitled to a special leave benefit of two (2) months with full pay based on her gross monthly compensation following surgery caused by gynecological disorders.
SECTION 19. Equal Rights in All Matters Relating to Marriage and Family Relations. — The State shall take all appropriate measures to eliminate discrimination against women in all matters relating to marriage and family relations and shall ensure:
(a) the same rights to enter into and leave marriages or common law relationships referred to under the Family Code without prejudice to personal or religious beliefs;
(b) the same rights to choose freely a spouse and to enter into marriage only with their free and full consent. The betrothal and the marriage of a child shall have no legal effect;
(c) the joint decision on the number and spacing of their children and to have access to the information, education and means to enable them to exercise these rights;
(d) the same personal rights between spouses or common law spouses including the right to choose freely a profession and an occupation;
(e) the same rights for both spouses or common law spouses in respect of the ownership, acquisition, management, administration, enjoyment, and disposition of property;
(f) the same rights to properties and resources, whether titled or not, and inheritance, whether formal or customary; and
(g) women shall have equal rights with men to acquire, change, or retain their nationality. The State shall ensure in particular that neither marriage to an alien nor change of nationality by the husband during marriage shall automatically change the nationality of the wife, render her stateless or force upon her the nationality of the husband. Various statutes of other countries concerning dual citizenship that may be enjoyed equally by women and men shall likewise be considered.
Customary laws shall be respected: Provided, however, that they do not discriminate against women.
CHAPTER V
Rights and Empowerment of Marginalized Sectors
Women in marginalized sectors are hereby guaranteed all civil, political, social, and economic rights recognized, promoted, and protected under existing laws including, but not limited to, the Indigenous Peoples Rights Act, the Urban Development and Housing Act, the Comprehensive Agrarian Reform Law, the Fisheries Code, the Labor Code, the Migrant Workers Act, the Solo Parents Welfare Act, and the Social Reform and Poverty Alleviation Act.
SECTION 20. Food Security and Productive Resources. — The State recognizes the contribution of women to food production and shall ensure its sustainability and sufficiency with the active participation of women. Towards this end, the State shall guarantee, at all times, the availability in the market of safe and health-giving food to satisfy the dietary needs of the population, giving particular attention to the specific needs of poor girl-children and marginalized women, especially pregnant and lactating mothers and their young children. To further address this, the State shall ensure:
(a) Right to Food. — The State shall guarantee the availability of food in quantity and quality sufficient to satisfy the dietary needs of individuals, the physical and economic accessibility for everyone to adequate food that is culturally acceptable and free from unsafe substances and culturally accepted, and the accurate and substantial information to the availability of food, including the right to full, accurate, and truthful information about safe and health-giving foods and how to produce and have regular and easy access to them;
(b) Right to Resources for Food Production. — The State shall guarantee women a vital role in food production by giving priority to their rights to land, credit, and infrastructure support, technical training, and technological and marketing assistance. The State shall promote women-friendly technology as a high priority activity in agriculture and shall promote the right to adequate food by proactively engaging in activities intended to strengthen access to, utilization of, and receipt of accurate and substantial information on resources and means to ensure women’s livelihood, including food security:
(1) Equal status shall be given to women and men, whether married or not, in the titling of the land and issuance of stewardship contracts and patents;
(2) Equal treatment shall be given to women and men beneficiaries of the agrarian reform program, wherein the vested right of a woman agrarian reform beneficiary is defined by a woman’s relationship to tillage, i.e., her direct and indirect contribution to the development of the land;
(3) Customary rights of women to the land, including access to and control of the fruits and benefits, shall be recognized in circumstances where private ownership is not possible, such as ancestral domain claims;
(4) Information and assistance in claiming rights to the land shall be made available to women at all times;
(5) Equal rights to women to the enjoyment, use, and management of land, water, and other natural resources within their communities or ancestral domains;
(6) Equal access to the use and management of fisheries and aquatic resources, and all the rights and benefits accruing to stakeholders in the fishing industry;
(7) Equal status shall be given to women and men in the issuance of stewardship or lease agreements and other fishery rights that may be granted for the use and management of coastal and aquatic resources. In the same manner, women’s organizations shall be given equal treatment as with other marginalized fishers organizations in the issuance of stewardship or lease agreements or other fishery rights for the use and management of such coastal and aquatic resources which may include providing support to women-engaged coastal resources;
(8) There shall be no discrimination against women in the deputization of fish wardens;
(9) Women-friendly and sustainable agriculture technology shall be designed based on accessibility and viability in consultation with women’s organizations;
(10) Access to small farmer-based and controlled seeds production and distribution shall be ensured and protected;
(11) Indigenous practices of women in seed storage and cultivation shall be recognized, encouraged, and protected;
(12) Equal rights shall be given to women to be members of farmers’ organizations to ensure wider access to and control of the means of production;
(13) Provide opportunities for empowering women fishers to be involved in the control and management, not only of the catch and production of aquamarine resources but also, to engage in entrepreneurial activities which will add value to production and marketing ventures; and
(14) Provide economic opportunities for the indigenous women, particularly access to market for their produce.
In the enforcement of the foregoing, the requirements of law shall be observed at all times.
SECTION 21. Right to Housing. — The State shall develop housing programs for women that are localized, simple, accessible, with potable water, and electricity, secure, with viable employment opportunities and affordable amortization. In this regard, the State shall consult women and involve them in community planning and development, especially in matters pertaining to land use, zoning, and relocation.
SECTION 22. Right to Decent Work. — The State shall progressively realize and ensure decent work standards for women that involve the creation of jobs of acceptable quality in conditions of freedom, equity, security, and human dignity.
(a) Decent work involves opportunities for work that are productive and fairly remunerative as family living wage, security in the workplace, and social protection for families, better prospects for personal development and social integration, freedom for people to express their concerns, organize, participate in the decisions that affect their lives, and equality of opportunity and treatment for all women and men.
(b) The State shall further ensure:
(1) Support services and gears to protect them from occupational and health hazards taking into account women’s maternal functions;
(2) Support services that will enable women to balance their family obligations and work responsibilities including, but not limited to, the establishment of day care centers and breast-feeding stations at the workplace, and providing maternity leave pursuant to the Labor Code and other pertinent laws;
(3) Membership in unions regardless of status of employment and place of employment; and
(4) Respect for the observance of indigenous peoples’ cultural practices even in the workplace.
(c) In recognition of the temporary nature of overseas work, the State shall exert all efforts to address the causes of out-migration by developing local employment and other economic opportunities for women and by introducing measures to curb violence and forced and involuntary displacement of local women. The State shall ensure the protection and promotion of the rights and welfare of migrant women regardless of their work status, and protect them against discrimination in wages, conditions of work, and employment opportunities in host countries.
SECTION 23. Right to Livelihood, Credit, Capital, and Technology. — The State shall ensure that women are provided with the following:
(a) Equal access to formal sources of credit and capital;
(b) Equal share to the produce of farms and aquatic resources; and
(c) Employment opportunities for returning women migrant workers taking into account their skills and qualifications. Corollarily, the State shall also promote skills and entrepreneurship development of returning women migrant workers.
SECTION 24. Right to Education and Training. — The State shall ensure the following:
(a) Women migrant workers have the opportunity to undergo skills training, if they so desire, before taking on a foreign job, and possible retraining upon return to the country;
(b) Gender-sensitive training and seminars; and
(c) Equal opportunities in scholarships based on merit and fitness, especially to those interested in research and development aimed towards women-friendly farm technology.
SECTION 25. Right to Representation and Participation. — The State shall ensure women’s participation in policy-making or decision-making bodies in the regional, national, and international levels. It shall also ensure the participation of grassroots women leaders in decision and policy-making bodies in their respective sectors including, but not limited to, the Presidential Agrarian Reform Council (PARC) and its local counterparts; community-based resource management bodies or mechanisms on forest management and stewardship; the National Fisheries and Aquatic Resources Management Council (NFARMC) and its local counterparts; the National Commission on Indigenous Peoples; the Presidential Commission for the Urban Poor; the National Anti-Poverty Commission; and, where applicable, the local housing boards.
SECTION 26. Right to Information. — Access to information regarding policies on women, including programs, projects, and funding outlays that affect them, shall be ensured.
SECTION 27. Social Protection. —
(a) The Social Security System (SSS) and the Philippine Health Insurance Corporation (PhilHealth) shall support indigenous and community-based social protection schemes.
(b) The State shall institute policies and programs that seek to reduce the poverty and vulnerability to risks and enhance the social status and rights of the marginalized women by promoting and protecting livelihood and employment, protecting against hazards and sudden loss of income, and improving people’s capacity to manage risks.
(c) The State shall endeavor to reduce and eventually eliminate transfer costs of remittances from abroad through appropriate bilateral and multilateral agreements. It shall likewise provide access to investment opportunities for remittances in line with national development efforts.
(d) The State shall establish a health insurance program for senior citizens and indigents.
(e) The State shall support women with disabilities on a community-based social protection scheme.
SECTION 28. Recognition and Preservation of Cultural Identity and Integrity. — The State shall recognize and respect the rights of Moro and indigenous women to practice, promote, protect, and preserve their own culture, traditions, and institutions and to consider these rights in the formulation and implementation of national policies and programs. To this end, the State shall adopt measures in consultation with the sectors concerned to protect their rights to their indigenous knowledge systems and practices, traditional livelihood, and other manifestations of their cultures and ways of life: Provided, That these cultural systems and practices are not discriminatory to women.
SECTION 29. Peace and Development. — The peace process shall be pursued with the following considerations:
(a) Increase the number of women participating in discussions and decision-making in the peace process, including membership in peace panels recognizing women’s role in conflict-prevention and peace-making and in indigenous system of conflict resolution;
(b) Ensure the development and inclusion of women’s welfare and concerns in the peace agenda in the overall peace strategy and women’s participation in the planning, implementation, monitoring, and evaluation of rehabilitation and rebuilding of conflict-affected areas;
(c) The institution of measures to ensure the protection of civilians in conflict-affected communities with special consideration for the specific needs of women and girls;
(d) Include the peace perspective in the education curriculum and other educational undertakings; and
(e) The recognition and support for women’s role in conflict-prevention, management, resolution and peacemaking, and in indigenous systems of conflict resolution.
SECTION 30. Women in Especially Difficult Circumstances. — For purposes of this Act, “Women in Especially Difficult Circumstances” (WEDC) shall refer to victims and survivors of sexual and physical abuse, illegal recruitment, prostitution, trafficking, armed conflict, women in detention, victims and survivors of rape and incest, and such other related circumstances which have incapacitated them functionally. Local government units are therefore mandated to deliver the necessary services and interventions to WEDC under their respective jurisdictions.
SECTION 31. Services and Interventions. — WEDC shall be provided with services and interventions as necessary such as, but not limited to, the following:
(a) Temporary and protective custody;
(b) Medical and dental services;
(c) Psychological evaluation;
(d) Counseling;
(e) Psychiatric evaluation;
(f) Legal services:
(g) Productivity skills capability building;
(h) Livelihood assistance;
(i) Job placement;
(j) Financial assistance; and
(k) Transportation assistance.
SECTION 32. Protection of Girl-Children. — (a) The State shall pursue measures to eliminate all forms of discrimination against girl-children in education, health and nutrition, and skills development.
(b) Girl-children shall be protected from all forms of abuse and exploitation.
(c) Equal access of Moro and indigenous girl-children in the Madaris, schools of living culture and traditions, and the regular schools shall be ensured.
(d) Gender-sensitive curriculum, including legal literacy, books, and curriculum in the Madaris and schools of living culture and traditions shall be developed.
(e) Sensitivity of regular schools to particular Moro and indigenous practices, such as fasting in the month of Ramadan, choice of clothing (including the wearing of hijab), and availability of halal food shall be ensured.
SECTION 33. Protection of Senior Citizens. — The State shall protect women senior citizens from neglect, abandonment, domestic violence, abuse, exploitation, and discrimination. Towards this end, the State shall ensure special protective mechanisms and support services against violence, sexual abuse, exploitation, and discrimination of older women.
SECTION 34. Women are entitled to the recognition and protection of their rights defined and guaranteed under this Act including their right to nondiscrimination.
SECTION 35. Discrimination Against Women is Prohibited. — Public and private entities and individuals found to have committed discrimination against women shall be subject to the sanctions provided in Section 41 hereof. Violations of other rights of women shall be subject to sanctions under pertinent laws and regulations.
CHAPTER VI
Institutional Mechanisms
SECTION 36. Gender Mainstreaming as a Strategy for Implementing the Magna Carta of Women. — Within a period prescribed in the implementing rules and regulations, the National Commission on the Role of Filipino Women (NCRFW) shall assess its gender mainstreaming program for consistency with the standards under this Act. It shall modify the program accordingly to ensure that it will be an effective strategy for implementing this Act and attaining its objectives.
All departments, including their attached agencies, offices, bureaus, state universities and colleges, government-owned and -controlled corporations, local government units, and other government instrumentalities shall adopt gender mainstreaming as a strategy to promote women’s human rights and eliminate gender discrimination in their systems, structures, policies, programs, processes, and procedures which shall include, but not limited to, the following:
(a) Planning, budgeting, monitoring and evaluation for GAD. GAD programs addressing gender issues and concerns shall be designed and implemented based on the mandate of government agencies and local government units, Republic Act No. 7192, gender equality agenda of the government and other GAD-related legislation, policies, and commitments. The development of GAD programs shall proceed from the conduct of a gender audit of the agency or the local government unit and a gender analysis of its policies, programs, services and the situation of its clientele; the generation and review of sex-disaggregated data; and consultation with gender/women’s rights advocates and agency/women clientele. The cost of implementing GAD programs shall be the agency’s or the local government unit’s GAD budget which shall be at least five percent (5%) of the agency’s or the local government unit’s total budget appropriations.
Pursuant to Republic Act No. 7192, otherwise known as the Women in Development and Nation Building Act, which allocates five percent (5%) to thirty percent (30%) of overseas development assistance to GAD, government agencies receiving official development assistance should ensure the allocation and proper utilization of such funds to gender-responsive programs that complement the government GAD funds and annually report accomplishments thereof to the National Economic and Development Authority (NEDA) and the Philippine Commission on Women (PCW).
The utilization and outcome of the GAD budget shall be annually monitored and evaluated in terms of its success in influencing the gender-responsive implementation of agency programs funded by the remaining ninety-five percent (95%) budget.
The Commission on Audit (COA) shall conduct an annual audit on the use of the GAD budget for the purpose of determining its judicious use and the efficiency, and effectiveness of interventions in addressing gender issues towards the realization of the objectives of the country’s commitments, plans, and policies on women empowerment, gender equality, and GAD.
Local government units are also encouraged to develop and pass a GAD Code based on the gender issues and concerns in their respective localities based on consultation with their women constituents and the women’s empowerment and gender equality agenda of the government. The GAD Code shall also serve as basis for identifying programs, activities, and projects on GAD.
Where needed, temporary gender equity measures shall be provided for in the plans of all departments, including their attached agencies, offices, bureaus, state universities and colleges, government-owned and -controlled corporations, local government units, and other government instrumentalities.
To move towards a more sustainable, gender-responsive, and performance-based planning and budgeting, gender issues and concerns shall be integrated in, among others, the following plans:
(1) Macro socioeconomic plans such as the Medium-Term Philippine Development Plan and Medium-Term Philippine Investment Plan;
(2) Annual plans of all departments, including their attached agencies, offices, bureaus, state universities and colleges, and government-owned and -controlled corporations; and
(3) Local plans and agenda such as executive-legislative agenda, comprehensive development plan (CDP), comprehensive land use plan (CLUP), provincial development and physical framework plan (PDPFP), and annual investment plan.
(b) Creation and/or Strengthening of the GAD Focal Points (GFP). All departments, including their attached agencies, offices, bureaus, state universities and colleges, government-owned and -controlled corporations, local government units, and other government instrumentalities shall establish or strengthen their GAD Focal Point System or similar GAD mechanism to catalyze and accelerate gender mainstreaming within the agency or local government unit.
The GAD Focal Point System shall be composed of the agency head or local chief executive, an executive committee with an Undersecretary (or its equivalent), local government unit official, or office in a strategic decision-making position as Chair; and a technical working group or secretariat which is composed of representatives from various divisions or offices within the agency or local government unit.
The tasks and functions of the members of the GFP shall form part of their regular key result areas and shall be given due consideration in their performance evaluation.
(c) Generation and Maintenance of GAD Database. All departments, including their attached agencies, offices, bureaus, state universities and colleges, government-owned and -controlled corporations, local government units, and other government instrumentalities shall develop and maintain a GAD database containing gender statistics and sex-disaggregated data that have been systematically gathered, regularly updated, and subjected to gender analysis for planning, programming, and policy formulation.
SECTION 37. Gender Focal Point Officer in Philippine Embassies and Consulates. — An officer duly trained on GAD shall be designated as the gender focal point in the consular section of Philippine embassies or consulates. Said officer shall be primarily responsible in handling gender concerns of women migrant workers. Attached agencies shall cooperate in strengthening the Philippine foreign posts’ programs for the delivery of services to women migrant workers.
SECTION 38. National Commission on the Role of Filipino Women (NCRFW). — The National Commission on the Role of Filipino Women (NCRFW) shall be renamed as the Philippine Commission on Women (PCW), the primary policy-making and coordinating body of the women and gender equality concerns under the Office of the President. The PCW shall be the overall monitoring body and oversight to ensure the implementation of this Act. In doing so, the PCW may direct any government agency and instrumentality, as may be necessary, to report on the implementation of this Act and for them to immediately respond to the problems brought to their attention in relation to this Act. The PCW shall also lead in ensuring that government agencies are capacitated on the effective implementation of this Act. The chairperson shall likewise report to the President in Cabinet meetings on the implementation of this Act.
To the extent possible, the PCW shall influence the systems, processes, and procedures of the executive, legislative, and judicial branches of government vis-à-vis GAD to ensure the implementation of this Act.
To effectively and efficiently undertake and accomplish its functions, the PCW shall revise its structure and staffing pattern with the assistance of the Department of Budget and Management.
SECTION 39. Commission on Human Rights (CHR). — The Commission, acting as the Gender and Development Ombud, consistent with its mandate, shall undertake measures such as the following:
(a) Monitor with the PCW and other state agencies, among others, in developing indicators and guidelines to comply with their duties related to the human rights of women, including their right to nondiscrimination guaranteed under this Act;
(b) Designate one (1) commissioner and/or its Women’s Human Rights Center to be primarily responsible for formulating and implementing programs and activities related to the promotion and protection of the human rights of women, including the investigations and complaints of discrimination and violations of their rights brought under this Act and related laws and regulations;
(c) Establish guidelines and mechanisms, among others, that will facilitate access of women to legal remedies under this Act and related laws, and enhance the protection and promotion of the rights of women, especially marginalized women;
(d) Assist in the filing of cases against individuals, agencies, institutions, or establishments that violate the provisions of this Act; and
(e) Recommend to the President of the Philippines or the Civil Service Commission any possible administrative action based on noncompliance or failure to implement the provisions of this Act.
SECTION 40. Monitoring Progress and Implementation and Impact of this Act. — The PCW, in coordination with other state agencies and the CHR, shall submit to Congress regular reports on the progress of the implementation of this Act highlighting the impact thereof on the status and human rights of women: Provided, That the second report shall include an assessment of the effectiveness of this Act and recommend amendments to improve its provisions: Provided, finally, That these reports shall be submitted to Congress every three (3) years or as determined in the implementing rules and regulations.
SECTION 41. Penalties. — Upon finding of the CHR that a department, agency, or instrumentality of government, government-owned and -controlled corporation, or local government unit has violated any provision of this Act and its implementing rules and regulations, the sanctions under administrative law, civil service, or other appropriate laws shall be recommended to the Civil Service Commission and/or the Department of the Interior and Local Government. The person directly responsible for the violation as well as the head of the agency or local chief executive shall be held liable under this Act.
If the violation is committed by a private entity or individual, the person directly responsible for the violation shall be liable to pay damages.
Filing a complaint under this Act shall not preclude the offended party from pursuing other remedies available under the law and to invoke any of the provisions of existing laws especially those recently enacted laws protecting women and children, including the Women in Development and Nation Building Act (Republic Act No. 7192), the Special Protection of Children Against Child Abuse, Exploitation and Discrimination Act (Republic Act No. 7610), the Anti-Sexual Harassment Act of 1995 (Republic Act No. 7877), the Anti-Rape Law of 1997 (Republic Act No. 8353), the Rape Victim Assistance and Protection Act of 1998 (Republic Act No. 8505), the Anti-Trafficking in Persons Act of 2003 (Republic Act No. 9208) and the Anti-Violence Against Women and Their Children Act of 2004 (Republic Act No. 9262). If violence has been proven to be perpetrated by agents of the State including, but not limited to, extrajudicial killings, enforced disappearances, torture, and internal displacements, such shall be considered aggravating offenses with corresponding penalties depending on the severity of the offenses.
SECTION 42. Incentives and Awards. — There shall be established an incentives and awards system which shall be administered by a board under such rules and regulations as may be promulgated by the PCW to deserving entities, government agencies, and local government units for their outstanding performance in upholding the rights of women and effective implementation of gender-responsive programs.
SECTION 43. Funding. — The initial funding requirements for the implementation of this Act shall be charged against the current appropriations of the agencies concerned. Thereafter, such sums as may be necessary for the implementation of this Act shall be included in the agencies’ yearly budgets under the General Appropriations Act.
The State shall prioritize allocation of all available resources to effectively fulfill its obligations specified under this Act. The State agencies GAD budgets, which shall be at least five percent (5%) of their total budgetary allocation, shall also be utilized for the programs and activities to implement this Act.
SECTION 44. Implementing Rules and Regulations. — As the lead agency, the PCW shall, in coordination with the Commission on Human Rights and all concerned government departments and agencies including, as observers, both Houses of Congress through the Committee on Youth, Women and Family Relations (Senate) and the Committee on Women and Gender Equality (House of Representatives) and with the participation of representatives from nongovernment organizations (NGOs) and civil society groups with proven track record of involvement and promotion of the rights and welfare of Filipino women and girls identified by the PCW, formulate the implementing rules and regulations (IRR) of this Act within one hundred eighty (180) days after its effectivity.
SECTION 45. Separability Clause. — If any provision or part hereof is held invalid or unconstitutional, the remainder of the law or the provisions not otherwise affected shall remain valid and subsisting.
SECTION 46. Repealing Clause. — Any law, presidential decree or issuance, executive order, letter of instruction, administrative order, rule, or regulation contrary to, or inconsistent with, the provisions of this Act is hereby repealed, modified, or amended accordingly.
SECTION 47. Effectivity Clause. — This Act shall take effect fifteen (15) days after its publication in at least two (2) newspapers of general circulation.
REPUBLIC ACT NO. 8491
AN ACT PRESCRIBING THE CODE OF THE NATIONAL FLAG, ANTHEM, MOTTO, COAT-OF-ARMS AND OTHER HERALDIC ITEMS AND DEVICES OF THE PHILIPPINES.
Be it enacted by the Senate and Home of Representatives of the Philippines in Congress assembled:
SECTION 1. Short Title — This act shall be known as the “Flag and Heraldic Code of the Philippines.”
SECTION 2. Declaration of Policy – Reverence and respect shall at all times be accorded the flag, the anthem and other national symbols which embody the national ideals and traditions and which express the principles of sovereignty and national solidarity. The heraldic items and devices shall seek to manifest the national virtues and to inculcate in the minds and hearts of our people a just pride in their native land, fitting respect and affection for the national flag and anthem, and the proper use of the national motto, coat-of-arms and other heraldic items and devices.
SECTION 3. Definition of Terms — Whenever used in this Act, the term:
a. “Military” shall mean all branches of the Armed Forces of the Philippines including the Philippine National Police, the Bureau of Jail Management and Penology, and the Bureau of Fire Protection;
b. “Festoon” shall mean to hang in a curved shape between two points as a decoration;
c. “Flag” shall mean the Philippine National Flag, unless stated otherwise;
d. “Fly” shall mean the part of the flag outside the hoist or length;
e. “Symbol” shall mean any conventional sign which reveals man’s achievement and heroism (for orders and decorations), identification, authority and a sign of dignity (for coat-of-arms, logo and insignia);
f. “Half-Mast” shall mean lowering the flag to one-half the distance between the top and bottom of the staff;
g. “Hoist” shall mean the part of the flag nearest the staff or the canvass to which the halyard is attached;
h. “Inclement Weather” shall mean that a typhoon signal is raised in the locality;
i. “National Anthem” shall mean the Philippine National Anthem’
j. “Official Residences” shall mean Malacañang, and other government-owned structures where the President resides, and other structures occupied by the Philippine Consulate or Embassies abroad;
k. “Places of Frivolty” shall mean places of hilarity marked by or providing boisterous merriment or recreation; and
l. “Institute” shall mean the National Historical Institute.
CHAPTER 1
THE NATIONAL FLAG
A. Design of the National Flag
SECTION 4. The flag of the Philippines shall be blue, white and red with an eight-rayed golden-yellow sun and three five-pointed stars, as consecrated and honored by the people.
B. Hoisting and Display of the National Flag
SECTION 5. The flag shall be displayed in all public buildings, official residences public plazas, and institutions of learning everyday throughout the year.
SECTION 6. The flag shall be permanently hoisted, day and night throughout the year, in front of the following; at Malacanang Palace; the Congress of the Philippines building; Supreme Court building; the Rizal Monument in Luneta, Manila; Aguinaldo Shrine in Kawit, Cavite; Barasoain Shrine in Malolos, Bulacan; the Tomb of the Unknown Soldier, Libingan ngmga Bayani; Mausuleo de los Beteranos dela Revolucion; all International Ports of Entry and all other places as maybe designated by the Institute.
The flag shall be properly illuminated at night.
SECTION 7. The flag shall also be displayed in private buildings and residences or raised in the open flag-staffs in front of said buildings every April 9 (Araw ngKagitingan); May 1 (Labor Day); May 28 (National Flag Day) to June 12 (Independence Day); last Sunday of August (National Heroes Day); November 30 (Bonifacio Day); and December 30 (Rizal Day); and on such other days as may be declared by the President and/or local chief executives.
The flag may also be displayed throughout the year in private buildings or offices or raised in the open on flag-staffs in front of private buildings: Provided, that they observe flag-raising ceremonies in accordance with the rules and regulations to be issued by the Office of the President.
SECTION 8. All government agencies and instrumentalities, and local government offices, government-owned corporations and local government units are enjoined to observe flag day with appropriate ceremonies. Socio-civic groups, non-government organizations and the private sector are exhorted to cooperate in making the celebrations a success.
SECTION 9. The flag shall be flown on merchant ships of Philippine registry of more than one thousand (1000) gross tons and on all naval vessels.
On board naval vessels, the flag shall be displayed on the flagstaff at the stern when the ship is at anchor. The Flag shall be hoisted to the gaff at the aftermast when the ship is at sea.
SECTION 10. The flag, if flown from a flagpole, shall have its blue field on top in time of peace and the red field on top in time of war; if in a hanging position, the blue field shall be to the right (left of the observer) in time of peace, and the red field to the right (left of the observer) in time of war.
The flagpole staff must be straight and slightly tapering at the top.
SECTION 11. If planted on the ground, the flagpole shall be at a prominent place and shall be of such height as would give the flag commanding position in relation to the buildings in the vicinity.
If attached to a building, the flagpole shall be on top of its roof or anchored on a sill projecting at an angle upward.
If on stage or platform or government office, the flag shall be at the left (facing the stage) or the left of the office upon entering.
SECTION 12. When the Philippine flag is flown with another flag, the flags, if both are national flags, must be flown on separate staffs of the same height and shall be of equal size. The Philippine flag shall be hoisted first and lowered last.
If the other flag is not a national flag, it may be flown in the same lineyard as the Philippine flag but below the latter and it cannot be of greater size than the Philippine flag.
SECTION 13. When displayed with another flag, the Philippine flag shall be on the right of the other flag. If there is a line of other flags, the Philippine flag shall be in the middle of the line.
When carried in a parade with flags, which are not national flags, the Philippine flag shall be in front of the center of the line.
SECTION 14. A flag worn out through wear and tear shall not be thrown away. It shall be solemnly burned to avoid misuse or desecration. The flag shall be replaced immediately when it begins to show signs of wear and tear.
SECTION 15. The flag shall be raised at sunrise and lowered at sunset. It shall be on the mast at the start of official’office hours, shall remain flying throughout the day.
SECTION 16. The flag may be displayed:
a. Inside or outside-a building or on a stationary flagpoles. If the flag is displayed indoors on a flagpole, it shall be placed at the left of the observer as one enters the room;
b. From the top of a flagpole, which shall be at a prominent place or a commanding position in relation to the surrounding buildings;
c. From a staff projecting upward from the window sill, canopy, balcony or facade of a building.
d. In a suspended position from a rope extending from a building to pole erected away from the building;
e. Flat against the wall vertically with the sun and stars on top; and
f. Hanging in a vertical position across a street, with the blue field pointing east, if the road is heading south or north, or pointing north if the road is heading east or west.
The flag shall not be raised when the weather is inclement. If already raised, the flag shall not be lowered.
SECTION 17. The flag shall be hoisted to the top briskly and lowered ceremoniously.
The flag shall never touch anything beneath it, such as the ground, flood, water or other objects.
After being lowered, the flag shall be handled and folded solemnly as part of the ceremony.
C. Conduct of Flag Raising Ceremony
SECTION 18. All government offices and educational institutions shall henceforth observe the flag-raising ceremony every Monday morning and the flag lowering ceremony every Friday afternoon. The ceremony shall be simple and dignified and shall include the playing or singing of the Philippine National Anthem.
SECTION 19. The office of the President upon the recommendation of the Institute shall issue rules and regulations for the proper conduct of the flag ceremony.
SECTION 20. The observance of the flag ceremony in official or civic gatherings shall be simple and dignified and shall include the playing or singing of the anthem in its original Filipino lyrics and march tempo.
SECTION 21. During the flag-raising ceremony, the assembly shall stand in formation racing the flag. At the moment the first note of the anthem is heard, everyone in the premises shall come to attention; moving vehicles shall stop. All persons present shall :.ace their right palms over their chests, those with hats shall uncover, while those in military, scouting, security guard, and citizens military training uniforms shall give :.-.£ salute prescribed by their regulations, which salute shall be completed upon the last note of the anthem.
The assembly shall sing the Philippine national anthem, accompanied by a band, r available, and at the first note, the flag shall be raised briskly.
The same procedure shall be observed when the flag is passing in review or in parade.
SECTION 22. During the flag lowering, the flag shall be lowered solemnly and slowly so that the flag shall be down the mast at the sound of the last note of the anthem. Those in the assembly shall observe the same deportment or shall observe the same behavior as for the flag-raising ceremony.
D. Half-Mast
SECTION 23. The flag shall be flown at half-mast as a sign of mourning on all buildings and places where it is displayed, as provided for in this Act, on the day of official announcement of the death of any of the following officials:
a. The President or a former President, for ten (10) days;
b. The Vice-President, the Chief Justice, the President of the Senate, and the Speaker of the House of Representatives, for seven (7) days; and
c. Other persons to be determined by the Institute, for any period less than seven (7) days.
The flag shall be flown at half-mast on all the buildings and places where the decedent was holding office, on the day of death until the day of interment of an incumbent member of the Supreme Court, the Cabinet, the Senate or the House of Representatives, and such other persons as may be determined by the Institute.
The flag when flown at half-mast shall be first hoisted to the peak for a moment then lowered to the half-mast position. The flag shall again be raised briskly to the peak before it is lowered for the day.
E. Casket
SECTION 24. The flag may be used to cover the caskets of the honored dead of the military, veterans of previous wars, national artists, and of civilians who have rendered distinguished service to the nation, as maybe determined by the local government unit concerned. In such cases, the flag shall be placed such that the white triangle shall be at the head and the blue portion shall cover the right side of the caskets. The flag shall not be lowered to the grave or allowed to touch the ground, but shall be folded solemnly and handed over to the heirs of the deceased.
F. Pledge to the Flag
SECTION 25. The following shall be the Pledge of Allegiance to the Philippine Flag:
Ako ay Filipino
Buong katapatang nanunumpa
Sa watawat ng Pilipinas
At sa bansang kanyang sinasagisag
Na may dangal, katarungan, at kalayaan
Na pinakikilos ng sambayanang
Maka-Diyos,
Makatao,
Makakalikasan, at
Makabansa.
Such pledge shall be recited while standing with the right hand palm open raised shoulder high. Individuals whose faith or religious beliefs prohibit them from making such pledge must nonetheless show full respect when the pledge is being rendered by standing at attention.
G. Flag Days
SECTION 26. The period from May 28 to June 12 of each year is declared as Flag Days, during which period all offices, agencies and instrumentalities of government, business establishments, institutions of learning and private homes are enjoined to display the flag.
H. Specifications of the National Flag
SECTION 27. The flag shall have the following proportions. The width of the flag, 1; the length of the flag, 2; and the sides of the white triangle, 1.
SECTION 28. The technical specifications shall be as follows:
The blue color shall bear Cable No. 80173; the white color, Cable No. 80001 the red color, Cable No. 80108; and the golden yellow, Cable No. 80068.
SECTION 29. In order to establish uniform criteria in the making of our national flag and to guarantee its durability by the use of quality materials, the following standards and procedures shall be observed:
a. All requisitions for the purchase of the Philippine National Flag must be based on strict compliance with the deisgn, color, craftmanship and material requriements of the Government.
b. All submitted samples of flags by accredited suppliers offered for purchase for government use shall be evaluated as to design, color and craftmanship specifications by the Institute, through its Heraldry and Display Section, which shall stamp its approval or disapproval on the canvass reinforcement of the flag sample submitted. The samples shall be sent to the Institute by the requisitioning office, not by the flag supplier; and
c. The Industrial Technology Development Institute (ITDI) or the Philippine Textile Research Institute (PTRI) of the Department of Science and Technology (DOST) shall evaluate the quality of material of all flag samples and certify whether the fabric for the blue, white, red and golden yellow colors, including the canvass submitted, conforms to government requirement as to quality of the material. The samples shall be submitted by the said office to the Institute.
SECTION 30. All deliveries of the flags requisitioned by the government shall be inspected by the requisitioning agency’s internal inspector and by the Commission on Audit (COA) using the flag stamped approved by the Institute as reference.
SECTION 31. In carrying out its responsibilities under Section 4 hereof, the Institute, COA, the ITDI/PTRI shall prepare guidelines to be approved by the Office of the President.
SECTION 32. All government agencies and instrumentalities shall ensure that the requirements under this Act with respect to the standards, requisitions and delivery of the national flag are strictly complied with.
SECTION 33. All departments, agencies, offices, and instrumentalities of the government, government-owned or controlled corporations, local government units, including barangays, shall include in their annual budgets the necessary outlay for the purchase of the national flag.
I. Prohibited Acts
SECTION 34. It shall be prohibited
a. To mutilate, deface, defile, trample, on or cast contempt any act or omission casting dishonor or ridicule upon the flag over its surface;
b. To dip the flag to any person or object by way of compliment or salute;
c. To use the flag:
1. As a drapery, festoon, tablecloth
2. As covering for ceilings, walls, statues or other objects;
3. As a pennant in the hood, side, back and top of motor vehicles;
4. As a staff or whip;
5. For unveiling monuments or statues; and
6. As trademarks or for industrial, commercial or agricultural labels or designs.
d. Display the flag:
1. Under any painting or picture;
2. Horizontally face-up. It shall always be hoisted aloft and be allowed to fall freely;
3. Below any platform; or
4. In discotheques, cockpits, night and day clubs, casinos, gambling joints and places of vice or where frivolity prevails.
e. To wear the flag in whole or in part as a costume or uniform;
f. To add any word, figure, mark, picture, design, drawings, advertisements, or imprint of any nature on the flag;
g. To print, paint or attach representation of the flag on handkerchiefs, napkins, cushions, and other articles of merchandise;
h. To display in public any foreign flag, except in embassies and other diplomatic establishments, and in offices of international organizations.
i. To use, display or be part of any advertisement of infomercial; and
j. To display the flag in front of buildings or offices occupied by aliens.
CHAPTER II
THE NATIONAL ANTHEM
SECTION 35. The National Anthem is entitled Lupang Hinirang.
SECTION 36. The National Anthem shall always be sung in the national language v/ithin or without the country. The following shall be the lyrics of the National Anthem.
Bayang magiliw,
Perlas ng silanganan,
Alab ng puso
Sa dibdib mo’y buhay.
Lupang hinirang,
Duyan ka ng magiting,
Sa manlulupig
Di ka pasisiil.
Sa dagat at bundok,
Sa simoy at sa langit mong bughaw,
May dilag ang tula
At awit sa paglayang minamahal.
Ang kislap ng watawat mo’y
Tagumpay na nagniningning;
Ang bituin at araw niya,
Kailan pa ma’y di magdidilim.
Lupa ng araw, ng luwalhati’t pagsinta,
Buhay ay langit sa piling mo;
Aming ligaya na ‘pag may mang-aapi,
Ang mamatay nang dahil sa ‘yo.
SECTION 37. The rendition of the National Anthem, whether played or sung, shall be in accordance with the musical arrangement and composition of Julian Felipe.
SECTION 38. When the National Anthem is played at a public gathering, whether by a band or by singing or both, or reproduced by any means, the attending public shall sing the anthem. The singing must be done with fervor.
As a sign of respect, all persons shall stand at attention and face the Philippine flag, if there is one displayed, and if there is none, they shall face the band or the conductor. At the first note, all persons shall execute a salute by placing their right palms over their left chests. Those in military, scouting, citizen’s military training and security guard uniforms shall give the salute prescribed by their regulations. The salute shall be completed upon the last note of the anthem.
The anthem shall not be played and sung for mere recreation, amusement or entertainment purposes except on the following occasions:
a. International competitions where the Philippines is the host or has a representative;
b. Local competitions;
c. During “signing off” and “signing on” of radio broadcasting and television stations;
d. Before the initial and last screening of films or before the opening of theater performances; and
e. Other occasions as may be allowed by the Institute.
SECTION 39. All officials and employees of the national and local governments, and any agencies or instrumentalities thereof, including government-owned or controlled corporations, privately-owned entities of offices displaying the national flag and government institutions of learning are hereby directed to comply strictly with the rules prescribed for the rendition of the anthem. Failure to observe the rules shall be a ground for administrative discipline.
CHAPTER III
THE NATIONAL MOTTO
SECTION 40. The national Motto shall be “MAKA-DIYOS, MAKA-TAO, MAKAKALIKASAN AT MAKABANSA.”
CHAPTER IV
NATIONAL COAT-OF-ARMS
SECTION 41. The National Coat-of-Arms shall have:
Paleways of two (2) pieces, azure and gules; a chief argent studded with three (3) mullets equidistant from each other; and, in point of honor, ovoid argent over all the sun rayonnant with eight minor lesser rays. Beneath shall be the scroll with the words “REPUBLIKA NG PILIPINAS,” inscribed thereon.
CHAPTER V
THE GREAT SEAL
SECTION 42. The Great Seal shall be circular in form, with the arms as described in the preceding section, but without the scroll and the inscription thereon. Surrounding the whole shall be a double marginal circle within which shall appear the words “Republika ng Pilipinas.” For the purpose of placing The Great Seal, the color of the arms shall not be deemed essential but tincture representation must be used.
The Great Seal shall bear the National Motto.
SECTION 43. The Great Seal shall be affixed to or placed upon all commissions signed by the President and upon such other official documents and papers of the Republic of the Philippines as may be provided by law, or as may be required bv custom and usage. The President shall have custody of the Great Seal.
CHAPTER VI
OFFICIAL SEALS AND OTHER HERALDIC ITEMS AND DEVICES
SECTION 44. Any government entity, including the military, may adopt appropriate coat-of-arms, administrative seals, logo, insignia, badges, patches, banners and initiate awards, citations, orders or decorations, as may be authorized by the Congress or the Office of the President.
SECTION 45. Such hearldic devices and items shall be filed with the Institute for recording and evaluation as to precedence, design, customs and traditions. The institute shall promulgate the corresponding rules and regulations which shall be submitted for approval to the Office of the President or to Congress.
SECTION 46. All government offices including the military are hereby ordered to purchase all heraldic items and devices from manufacturers accredited and authorized by the Institute. Such items and devices shall be subject to inspection by the purchasing agency’s internal inspector and the COA representative using the design and specifications approved by the Office of the President or by the Congress, through the Institute.
SECTION 47. No government official or employee shall accept any orders or decorations from any foreign government without the consent of Congress, and without the prior evaluation and documentation of such order or decoration by the Institute.
CHAPTER VII
PENALTIES
SECTION 48. Failure or refusal to observe the provisions of this Act; and any violation of the corresponding rules and regulations issued by the Office of the President shall, after proper notice and hearing, be penalized by public censure which shall be published at least once in a newspaper of general circulation.
The Department of Education, Culture and Sports and the Commission on Higher Education, upon the recommendation of the Institute and after the proper notice and hearing, shall cause the cancellation of the recognition of permit of any private educational institution which fails or refuses to observe the provisions of this Act for the second time.
SECTION 49. The Department of Education, Culture and Sports (DECS) and the Commission on Higher Education shall ensure that the National Anthem, as adopted by law, shall be committed to memory by all students of both public and private educational institutions, and performed during the flag ceremony conducted in accordance with the rules and regulations issued by the Office of the President. In addition, they shall make available the vocal, piano or band scores of the National Anthem, as adopted by law, to all private and public schools, as well as he general public.
SECTION 50. Any person or judicial entity which violates any of the provisions of this Act shall, upon conviction, be punished by a fine of not less than Five thousand pesos (5,000.00) not more than Twenty thousand pesos (P20,000.00), or by imprisonment for not more than one (1) year, or both such fine and imprisonment, at the discretion of the court: Provided, That for any second and additional offenses, both fine and imprisonment shall always be imposed: Provided, That in case the violation is commited by a juridical person, its President or Chief Executive Officer thereof shall be liable.
CHAPTER VIII
COMMON PROVISION
SECTION 51. The Institute shall issue the necessary-rules and regulations to implement the provisions of this Act within ninety (90) days after effectivity. The Institute shall submit its rules and regulations to the Office of the President and the Congress of the Philippines.
SECTION 52. The Institute shall also be responsible for the strict enforcement of the provision of this Act. It may call upon any government department, agency, office, or government instrumentality, including government corporations and local government units, for such assistance as it may deem necessary for the effective discharge of its functions under this Act.
SECTION 53. Separability Clause— If any provision, or part hereof, is held invalid or unconstitutional, the remeinder of this Act not otherwise affected shall be valid and subisting.
SECTION 54. Repealing Clause – Any law, presidential decree or issuance, executive order, letter of instruction, administrative order, rule and regulation contrary to or inconsistent with the provisions of this Act is hereby repealed, modified, or amended accordingly.
SECTION 55. Effectivity — This Act shall be effective fifteen (15) days from the date of its publication in Official Gazette or in at east two (2) newspapers of general circulation.
REPUBLIC ACT NO. 10157
AN ACT INSTITUTIONALIZING THE KINDERGARTEN EDUCATION INTO THE BASIC EDUCATION SYSTEM AND APPROPRIATING FUNDS THEREFOR
Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembled:
SECTION 1. Short Title. – This Act shall be known as the “Kindergarten Education Act”.
SEC. 2. Declaration of Policy. – In consonance with the Millennium Development Goals on achieving Education for All (EFA) by the year 2015, it is hereby declared the policy of the State to provide equal opportunities for all children to avail of accessible mandatory and compulsory kindergarten education that effectively promotes physical, social, intellectual, emotional and skills stimulation and values formation to sufficiently prepare them for formal elementary schooling. This Act shall apply to elementary school system being the first stage of compulsory and mandatory formal education. Thus, kindergarten will now be an integral part of the basic education system of the country.
Kindergarten education is vital to the academic and technical development of the Filipino child for it is the period when the young mind’s absorptive capacity for learning is at its sharpest. It is also the policy of the State to make education learner-oriented and responsive to the needs, cognitive and cultural capacity, the circumstances and diversity of learners, schools and communities through the appropriate languages of teaching and learning.
SEC. 3. Definition of Terms. – The terms used in this Act are defined as follows:
(a) DepEd shall refer to the Department of Education;
(b) BEE shall refer to the Bureau of Elementary Education;
(c) Kindergarten education shall be understood in this Act to mean one (1) year of preparatory education for children at least five (5) years old as a prerequisite for Grade I; and
(d) Mother tongue refers to the language first learned by a child.
SEC. 4. Institutionalization of Kindergarten Education. – Kindergarten education is hereby institutionalized as part of basic education and for school year 2011-2012 shall be implemented partially, and thereafter, it shall be made mandatory and compulsory for entrance to Grade 1.
SEC. 5. Medium of Instruction. – The State shall hereby adopt the mother tongue-based multilingual education (MTB-MLE) method. The mother tongue of the learner shall be the primary medium of instruction for teaching and learning in the kindergarten level. However, exceptions shall be made to the following cases:
(a) When the pupils in the kindergarten classroom have different mother tongues or when some of them speak another mother tongue;
(b) When the teacher does not speak the mother tongue of the learners;
(c) When resources, in line with the use of the mother tongue, are not yet available; and
(d) When teachers are not yet trained how to use the MTB-MLE program.
In such exceptional cases, the primary medium of instruction shall be determined by the DepEd aligned with the framework being used in the elementary level including teacher training and production of local resources and materials under DepEd Order No. 74, series of 2009.
The DepEd, in coordination with the Commission on Filipino Language and in close collaboration with academic and research institutions concerned with education, shall formulate a mother tongue-based multilingual framework for teaching and learning: Provided, That the DepEd will include teaching strategies as defined in Section 7(c) which aims to introduce and eventually strengthen the child’s understanding of English, which is the official language.
SEC. 6. Implementing Agency. – The authority to regulate the organization, operation and/or implementation of the kindergarten education program of both public and private schools shall be vested upon the DepEd, through the creation of a new Division under the BEE and other necessary support to achieve successful implementation of kindergarten education to include, but not limited to, increasing the number of kindergarten teacher positions with the required salaries and benefits, enhancing teacher training in early education, and providing the necessary allocations for classrooms and chairs, facilities and equipment, and textbooks.
SEC. 7. Duties, Powers and Functions. – The DepEd, through the BEE, shall exercise the following powers and functions:
(a) Oversee and supervise the organization, operation and implementation of the kindergarten education program;
(b) Develop the curriculum for kindergarten education consistent with the universally accepted norms and standards, including values formation all of which shall be developmentally appropriate, and use of the MTB-MLE as a medium of instruction and to periodically review such for purposes of upgrading;
(c) Develop teaching strategies using the unique feature of the MTB-MLE which shall include, but not limited to, the following:
(1) The two-track method (storytelling and reading, listening story, oral communication activities);
(2) Interactive strategies;
(3) Use of manipulative games; and
(4) Experiential, small group discussions and total physical response (TPR) among others.
The learning development materials shall consist of the following at the minimum:
(i) Listening story;
(ii) Small books;
(iii) Big books;
(iv) Experience story;
(v) Primer lessons; and
(vi) Lessons exemplars;
(a) Conceive, develop and extend a continuing professional development program for kindergarten teachers to ensure constant updating of their knowledge in current trends, pedagogy, methodologies and concepts on early childhood education;
(b) Prescribe the necessary qualifications for the hiring and accreditation of teachers who will handle the kindergarten education program;
(c) Exercise authority over the operation of private kindergarten institutions;
(d) Supervise the establishment of various venues for early childhood education which may be institution-based, home-based, hospital-based or community-based, and which shall be duly accredited by the DepEd; and
(e) Introduce innovative programs in kindergarten that shall include educational technologies, whenever applicable.
SEC. 8. Appropriations. – The DepEd shall immediately include in the program of the Department the operationalization of the free, mandatory and compulsory public kindergarten education, the initial funding of which shall be charged against the current appropriations for kindergarten education of the DepEd. Thereafter, such sums which shall be necessary for the continued implementation of the free public kindergarten education program shall be charged to the General Fund and included in the annual General Appropriations Act.
SEC. 9. Implementing Rules and Regulations. – Within ninety (90) days after the effectivity of this Act, the DepEd, in consultation with the Department of Budget and Management, shall promulgate the rules and regulations needed for the implementation of this Act.
SEC. 10. Separability Clause. – If any provision of this Act is held invalid or unconstitutional, the same shall not affect the validity and effectivity of the other provisions hereof.
SEC. 11. Repealing Clause. – Pertinent provisions of all other laws, decrees, executive orders and rules and regulations contrary to or inconsistent with the provisions of this Act are hereby repealed or modified accordingly.
SEC. 12. Effectivity Clause. – This Act shall take effect fifteen (15) days after its publication in the Official Gazette or in two (2) newspapers of general circulation.
REPUBLIC ACT NO. 10533
AN ACT ENHANCING THE PHILIPPINE BASIC EDUCATION SYSTEM BY STRENGTHENING ITS CURRICULUM AND INCREASING THE NUMBER OF YEARS FOR BASIC EDUCATION, APPROPRIATING FUNDS THEREFOR AND FOR OTHER PURPOSES
Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembled:
SECTION 1. Short Title. — This Act shall be known as the “Enhanced Basic Education Act of 2013”.
SEC. 2. Declaration of Policy. — The State shall establish, maintain and support a complete, adequate, and integrated system of education relevant to the needs of the people, the country and society-at-large.
Likewise, it is hereby declared the policy of the State that every graduate of basic education shall be an empowered individual who has learned, through a program that is rooted on sound educational principles and geared towards excellence, the foundations for learning throughout life, the competence to engage in work and be productive, the ability to coexist in fruitful harmony with local and global communities, the capability to engage in autonomous, creative, and critical thinking, and the capacity and willingness to transform others and one’s self.
For this purpose, the State shall create a functional basic education system that will develop productive and responsible citizens equipped with the essential competencies, skills and values for both life-long learning and employment. In order to achieve this, the State shall:
(a) Give every student an opportunity to receive quality education that is globally competitive based on a pedagogically sound curriculum that is at par with international standards;
(b) Broaden the goals of high school education for college preparation, vocational and technical career opportunities as well as creative arts, sports and entrepreneurial employment in a rapidly changing and increasingly globalized environment; and
(c) Make education learner-oriented and responsive to the needs, cognitive and cultural capacity, the circumstances and diversity of learners, schools and communities through the appropriate languages of teaching and learning, including mother tongue as a learning resource.
SEC. 3. Basic Education. — Basic education is intended to meet basic learning needs which provides the foundation on which subsequent learning can be based. It encompasses kindergarten, elementary and secondary education as well as alternative learning systems for out-of-school learners and those with special needs.
SEC. 4. Enhanced Basic Education Program. — The enhanced basic education program encompasses at least one (1) year of kindergarten education, six (6) years of elementary education, and six (6) years of secondary education, in that sequence. Secondary education includes four (4) years of junior high school and two (2) years of senior high school education.
Kindergarten education shall mean one (1) year of preparatory education for children at least five (5) years old as a prerequisite for Grade I.
Elementary education refers to the second stage of compulsory basic education which is composed of six (6) years. The entrant age to this level is typically six (6) years old.
Secondary education refers to the third stage of compulsory basic education. It consists of four (4) years of junior high school education and two (2) years of senior high school education. The entrant age to the junior and senior high school levels are typically twelve (12) and sixteen (16) years old, respectively.
Basic education shall be delivered in languages understood by the learners as the language plays a strategic role in shaping the formative years of learners.
For kindergarten and the first three (3) years of elementary education, instruction, teaching materials and assessment shall be in the regional or native language of the learners. The Department of Education (DepED) shall formulate a mother language transition program from Grade 4 to Grade 6 so that Filipino and English shall be gradually introduced as languages of instruction until such time when these two (2) languages can become the primary languages of instruction at the secondary level.
For purposes of this Act, mother language or first Language (LI) refers to language or languages first learned by a child, which he/she identifies with, is identified as a native language user of by others, which he/she knows best, or uses most. This includes Filipino sign language used by individuals with pertinent disabilities. The regional or native language refers to the traditional speech variety or variety of Filipino sign language existing in a region, area or place.
SEC. 5. Curriculum Development. — The DepED shall formulate the design and details of the enhanced basic education curriculum. It shall work with the Commission on Higher Education (CHED) to craft harmonized basic and tertiary curricula for the global competitiveness of Filipino graduates. To ensure college readiness and to avoid remedial and duplication of basic education subjects, the DepED shall coordinate with the CHED and the Technical Education and Skills Development Authority (TESDA).
To achieve an effective enhanced basic education curriculum, the DepED shall undertake consultations with other national government agencies and other stakeholders including, but not limited to, the Department of Labor and Employment (DOLE), the Professional Regulation Commission (PRC), the private and public schools associations, the national student organizations, the national teacher organizations, the parents-teachers associations and the chambers of commerce on matters affecting the concerned stakeholders.
The DepED shall adhere to the following standards and principles in developing the enhanced basic education curriculum:
(a) The curriculum shall be learner-centered, inclusive and developmentally appropriate;
(b) The curriculum shall be relevant, responsive and research-based;
(c) The curriculum shall be culture-sensitive;
(d) The curriculum shall be contextualized and global;
(e) The curriculum shall use pedagogical approaches that are constructivist, inquiry-based, reflective, collaborative and integrative;
(f) The curriculum shall adhere to the principles and framework of Mother Tongue-Based Multilingual Education (MTB-MLE) which starts from where the learners are and from what they already knew proceeding from the known to the unknown; instructional materials and capable teachers to implement the MTB-MLE curriculum shall be available;
(g) The curriculum shall use the spiral progression approach to ensure mastery of knowledge and skills after each level; and
(h) The curriculum shall be flexible enough to enable and allow schools to localize, indigenize and enhance the same based on their respective educational and social contexts. The production and development of locally produced teaching materials shall be encouraged and approval of these materials shall devolve to the regional and division education units.
SEC. 6. Curriculum Consultative Committee. — There shall be created a curriculum consultative committee chaired by the DepED Secretary or his/her duly authorized representative and with members composed of, but not limited to, a representative each from the CHED, the TESDA, the DOLE, the PRC, the Department of Science and Technology (DOST), and a representative from the business chambers such as the Information Technology – Business Process Outsourcing (IT-BPO) industry association. The consultative committee shall oversee the review and evaluation on the implementation of the basic education curriculum and may recommend to the DepED the formulation of necessary refinements in the curriculum.
SEC. 7. Teacher Education and Training. — To ensure that the enhanced basic education program meets the demand for quality teachers and school leaders, the DepED and the CHED, in collaboration with relevant partners in government, academe, industry, and nongovernmental organizations, shall conduct teacher education and training programs, as specified:
(a) In-service Training on Content and Pedagogy — Current DepED teachers shall be retrained to meet the content and performance standards of the new K to 12 curriculum.
The DepED shall ensure that private education institutions shall be given the opportunity to avail of such training.
(b) Training of New Teachers. — New graduates of the current Teacher Education curriculum shall undergo additional training, upon hiring, to upgrade their skills to the content standards of the new curriculum. Furthermore, the CHED, in coordination with the DepED and relevant stakeholders, shall ensure that the Teacher Education curriculum offered in these Teacher Education Institutes (TEIs) will meet necessary quality standards for new teachers. Duly recognized organizations acting as TEIs, in coordination with the DepED, the CHED, and other relevant stakeholders, shall ensure that the curriculum of these organizations meet the necessary quality standards for trained teachers.
(c) Training of School Leadership. — Superintendents, principals, subject area coordinators and other instructional school leaders shall likewise undergo workshops and training to enhance their skills on their role as academic, administrative and community leaders.
Henceforth, such professional development programs as those stated above shall be initiated and conducted regularly throughout the school year to ensure constant upgrading of teacher skills.
SEC. 8. Hiring of Graduates of Science, Mathematics, Statistics, Engineering and Other Specialists in Subjects With a Shortage of Qualified Applicants, Technical-Vocational Courses and Higher Education Institution Faculty. — Notwithstanding the provisions of Sections 26, 27 and 28 of Republic Act No. 7836, otherwise known as the “Philippine Teachers Professionalization Act of 1994”, the DepED and private education institutions shall hire, as may be relevant to the particular subject:
(a) Graduates of science, mathematics, statistics, engineering, music and other degree courses with shortages in qualified Licensure Examination for Teachers (LET) applicants to teach in their specialized subjects in the elementary and secondary education. Qualified LET applicants shall also include graduates admitted by foundations duly recognized for their expertise in the education sector and who satisfactorily complete the requirements set by these organizations: Provided, That they pass the LET within five (5) years after their date of hiring: Provided, further, That if such graduates are willing to teach on part-time basis, the provisions of LET shall no longer be required;
(b) Graduates of technical-vocational courses to teach in their specialized subjects in the secondary education: Provided, That these graduates possess the necessary certification issued by the TESDA: Provided, further, That they undergo appropriate in-service training to be administered by the DepED or higher education institutions (HEIs) at the expense of the DepED;
(c) Faculty of HEIs be allowed to teach in their general education or subject specialties in the secondary education: Provided, That the faculty must be a holder of a relevant Bachelor’s degree, and must have satisfactorily served as a full-time HEI faculty;
(d) The DepED and private education institutions may hire practitioners, with expertise in the specialized learning areas offered by the Basic Education Curriculum, to teach in the secondary level; Provided, That they teach on part-time basis only. For this purpose, the DepED, in coordination with the appropriate government agencies, shall determine the necessary qualification standards in hiring these experts.
SEC. 9. Career Guidance and Counselling Advocacy. — To properly guide the students in choosing the career tracks that they intend to pursue, the DepED, in coordination with the DOLE, the TESDA and the CHED, shall regularly conduct career advocacy activities for secondary level students. Notwithstanding the provisions of Section 27 of Republic Act No. 9258, otherwise known as the “Guidance and Counselling Act of 2004”, career and employment guidance counsellors, who are not registered and licensed guidance counsellors, shall be allowed to conduct career advocacy activities to secondary level students of the school where they are currently employed; Provided, That they undergo a training program to be developed or accredited by the DepED.
SEC. 10. Expansion of E-GASTPE Beneficiaries. — The benefits accorded by Republic Act No. 8545, or the “Expanded Government Assistance to Students and Teachers in Private Education Act”, shall be extended to qualified students enrolled under the enhanced basic education.
The DepED shall engage the services of private education institutions and non-DepED schools offering senior high school through the programs under Republic Act No. 8545, and other financial arrangements formulated by the DepED and the Department of Budget and Management (DBM) based on the principles of public-private partnership.
SEC. 11. Appropriations. — The Secretary of Education shall include in the Department’s program the operationalization of the enhanced basic education program, the initial funding of which shall be charged against the current appropriations of the DepED. Thereafter, the amount necessary for the continued implementation of the enhanced basic education program shall be included in the annual General Appropriations Act.
SEC. 12. Transitory Provisions. — The DepED, the CHED and the TESDA shall formulate the appropriate strategies and mechanisms needed to ensure smooth transition from the existing ten (10) years basic education cycle to the enhanced basic education (K to 12) cycle. The strategies may cover changes in physical infrastructure, manpower, organizational and structural concerns, bridging models linking grade 10 competencies and the entry requirements of new tertiary curricula, and partnerships between the government and other entities. Modeling for senior high school may be implemented in selected schools to simulate the transition process and provide concrete data for the transition plan.
To manage the initial implementation of the enhanced basic education program and mitigate the expected multi-year low enrolment turnout for HEIs and Technical Vocational Institutions (TVIs) starting School Year 2016-2017, the DepED shall engage in partnerships with HEIs and TVIs for the utilization of the latter’s human and physical resources. Moreover, the DepED, the CHED, the TESDA, the TVIs and the HEIs shall coordinate closely with one another to implement strategies that ensure the academic, physical, financial, and human resource capabilities of HEIs and TVIs to provide educational and training services for graduates of the enhanced basic education program to ensure that they are not adversely affected. The faculty of HEIs and TVIs allowed to teach students of secondary education under Section 8 hereof, shall be given priority in hiring for the duration of the transition period. For this purpose, the transition period shall be provided for in the implementing rules and regulations (IRR).
SEC. 13. Joint Congressional Oversight Committee on the Enhanced Basic Educational Program (K to 12 Program). — There is hereby created a Joint Oversight Committee to oversee, monitor and evaluate the implementation of this Act.
The Oversight Committee shall be composed of five (5) members each from the Senate and from the House of Representatives, including Chairs of the Committees on Education, Arts and Culture, and Finance of both Houses. The membership of the Committee for every House shall have at least two (2) opposition or minority members.
SEC. 14. Mandatory Evaluation and Review. — By the end of School Year 2014-2015, the DepED shall conduct a mandatory review and submit a midterm report to Congress as to the status of implementation of the K to 12 program in terms of closing the following current shortages: (a) teachers; (b) classrooms; (c) textbooks; (d) seats; (e) toilets; and (f) other shortages that should be addressed.
The DepED shall include among others, in this midterm report, the following key metrics of access to and quality of basic education: (a) participation rate; (b) retention rate; (c) National Achievement Test results; (d) completion rate; (e) teachers’ welfare and training profiles; (f) adequacy of funding requirements; and (g) other learning facilities including, but not limited to, computer and science laboratories, libraries and library hubs, and sports, music and arts.
SEC. 15. Commitment to International Benchmarks. — The DepED shall endeavor to increase the per capita spending on education towards the immediate attainment of international benchmarks.
SEC. 16. Implementing Rules and Regulations. — Within ninety (90) days after the effectivity of this Act, the DepED Secretary, the CHED Chairperson and the TESDA Director-General shall promulgate the rules and regulations needed for the implementation of this Act.
SEC. 17. Separability Clause. — If any provision of this Act is held invalid or unconstitutional, the same shall not affect the validity and effectivity of the other provisions hereof.
SEC. 18. Repealing Clause. — Pertinent provisions of Batas Pambansa Blg. 232 or the “Education Act of 1982”, Republic Act No. 9155 or the “Governance of Basic Education.
Act of 2001″, Republic Act No. 9258, Republic Act No. 7836, and all other laws, decrees, executive orders and rules and regulations contrary to or inconsistent with the provisions of this Act are hereby repealed or modified accordingly.
SEC. 19. Effectivity Clause. — This Act shall take effect fifteen (15) days after its publication in the Official Gazette or in two (2) newspapers of general circulation.
REPUBLIC ACT No. 10931
AN ACT PROMOTING UNIVERSAL ACCESS TO QUALITY TERTIARY EDUCATION BY PROVIDING FOR FREE TUITION AND OTHER SCHOOL FEES IN STATE UNIVERSITIES AND COLLEGES, LOCAL UNIVERSITIES AND COLLEGES AND STATE-RUN TECHNICAL-VOCATIONAL INSTITUTIONS, ESTABLISHING THE TERTIARY EDUCATION SUBSIDY AND STUDENT LOAN PROGRAM, STRENGTHENING THE UNIFIED STUDENT FINANCIAL ASSISTANCE SYSTEM FOR TERTIARY EDUCATION, AND APPROPRIATING FUND THEREFOR
Be it enacted by the Senate House of Representatives of Philippines in Congress assembled:
Section 1. Short Title. - This Act shall be known as the "Universal Access to Quality Tertiary Education Act".
Section 2. Declaration of Policy. - It is hereby declared that quality education is an inalienable right of all Filipinos and it is the policy of the State to protect and promote the rights of all students to quality education at all levels. Therefore, the State shall take appropriate steps to make such education accessible to all.
Likewise, the State hereby recognizes the complementary roles of public and private higher education institutions and technical-vocational institutions in the educational system and the invaluable contribution that the private tertiary schools have made and will make to education. For these intents, the State shall:
(a) Provide adequate funding and such other mechanisms to increase the participation rate among all socioeconomic classes in tertiary education;
(b) Provide all Filipinos with equal opportunity to quality tertiary education in both the private and public educational institutions;
(c) Give priority to students who are academically able and who come from poor families;
(d) Ensure the optimized utilization of government resources in education;
(e) Provide adequate guidance and incentives in channeling young Filipinos in their career choices and towards the proper development and utilization of human resources; and
(f) Recognize the complementary roles of public and private institutions in tertiary educational system.
Section 3. Definition of Terms. - As used in this Act:
(a) Cost of Tertiary Education refers to (1) tuition and other school fees, (2) educational expenses and (3) the cost of living allowance;
(b) Graduate courses refers to higher education programs leading to a certificate, diploma, master's or doctorate degrees, as may be authorized and recognized by the Commission on Higher Education (CHED);
(c) Higher education refers to the stage of formal education, or its equivalent, requiring completion of secondary education and covering programs of study leading to bachelor and advanced degrees, including associate degrees;
(d) Higher Education Institution (HEI) refers to an education institution authorized and recognized by the CHED to offer bachelor's degree or graduate courses;
(e) Local universities and colleges (LUCs) refers to CHED-accredited public HEIs established by local government units (LGUs) through an enabling ordinance, financially supported by the LGU concerned, and complaint with the policies, standards and guidelines of the CHED;
(f) National Household Targeting System for Poverty Reduction (NHTS-PR) or Listahanan 2.0 refers to the information management of the Department of Social Welfare and Development (DSWD) that identifies who and where the poor are in the country. The system makes available to national government agencies and other social protection stakeholders a database of poor families as reference in identifying potential beneficiaries of social protection programs;
(g) Other education-related expenses refers to expenses related to the education of a student such as books, school supplies, uniforms, reproduction of materials, electronic devices necessary for education and other fees such as for practical teaching devices student publication, yearbook, insurance and student trust funds:
(h) Other school fees refers to fees charges by HEIs and technical-vocational institutions which cover other necessary costs supportive of instructions, specifically the following: library fees, computer fees, laboratory fees, school ID fees , athletic fees, admission fees, development fees, guidance fees, handbook fees, entrance fees, registration fees, medical and dental fees, cultural fees and other similar or related fees;
(i) Private higher education institution refers to HEI not not owned and controlled by the government or its instrumentalities;
(j) Private technical-vocational institution refers to post-secondary technical-vocational institution run by the private sector offering programs registered with the Technical Education and Skills Development Authority (TESDA);
(k) Qualified student refers to any student who possesses all the qualifications under Section 4 and 5 and none of the disqualifications under Section 6 hereof;
(l) State-run technical-vocational institutions refers to technical-vocational institutions operated by the TESDA or LGUs: Provided, That in the latter case, the same should be accredited by the TESDA;
(m) State universities and colleges (SUCs) refers to public HEIs established by national government and are governed by their respective independent boards of trustees or regents;
(n) Student loan program for tertiary education refers to a loan program established under Section 8 of this Act;
(o) Technical-Vocational Education and Training (TVET) refers to the education process designed a post-secondary and lower tertiary levels, officially recognized as nondegree programs aimed at preparing technicians, paraprofessionals and other categories of middle-level workers by providing them with a board range of general education, theoretical, scientific and technological studies, and related job skills training;
(p) Technical-Vocational Institutions (TVIs) refers to learning institutions offering post-secondary (TVET;
(q) Tertiary education refers to the stage of education following the secondary cycle which covers post-secondary nondegree diploma, TVET, and higher education programs, including graduate education;
(r) Tertiary education subsidy (TES) refers to a subsidy established under Section 7 of this Act;
(s) Tuition fees refer to fees or school charges for subjects or course enrolled in by a tertiary eduaction student;
(t) Undergraduate courses refers to any program leading to a degree as may be authorized and recognized by the CHED; and
(u) Unified StudentFinancial Assistance System for Tertiary Education (UniFAST) refers to the harmonized, state-run and administered system of higher education and technical-vocational scholarships, grants-in-aid, student loans, and other modalities of student financial assistance program under Republic Act No. 10687.
Section 4. Free Higher Education in SUCs and LUCs. - All Filipino students who are either cirrently enrolled at the time of the effectivityof this Act, or shall enroll at any time thereafter, in courses in pursuance of a bachelor's degree, certificate degree, o any comparable undergraduate degree in other school fees for units enrolled in: Provided, That they pass the entrance examination and other admission and rentention requirements of the SUCs and LUCs: Provided. Further, That all SUCs and LUCs shall create a mechanism to enable students with the financial capacity to pay for their education in the SUC and LUC to voluntarily opt out of the tuition and other school fees subsidy or make a contribution to the school. SUCs and LUCs must report the tuition payments and contributions collected from these students to the CHED: Provided, finally, That the amount required to implement the free tuition and other school fees in SUCs and LUCs shall be determined by the respective governing boards of SUCs and LUCs based on the projected number of enrollees for each academic years, which shall be the primary factor in computing the annual proposed budget of SUCs and, in the case of LUCs, the CHED for such purpose. This shall in turn serve as the baseline during the preparation of the annual National Expenditure Program (NEP) by the Department of Budget and Management (DBM).
Section 5. Free TVET in Post-Secondary TVIs. - All Filipino students who are currently enrolled at the time of the effectivity of this Act, or shall enroll at any time thereafter in any post-secondary TVET leading to nondegree certificate or diploma programs offered by any state-run TVI under the TESDA shall be exempt from paying tuition and other school fees: Provided, That all state-run TVIs shall create a mechanismto enable students with the financial capacity to pay for their education in the TVI to voluntarily opt out of the tuition and other school fees subsidy or make a contribution to the TVI. TVIs must report the tuition payments and contributions collected from these students.
The amount required to implement the free tuition and other school fees in state-run TVIs shall be determined by the governing board of the TESDA based on the projected number of enrollees for each course, which shall be primary factor in computing for the annual proposed budget of the TESDA for such purpose. This shall in turn serve as the baseline during the preparation of the annual NEP by the DBM.
Section 6. Exceptions to Free Tertiary Education. - The following students are ineligible to avail of the free tertiary education:
(a) In SUCs and LUCs:
(1) Students who have already attained a bachelor's degree or comparable undergraduate degree from any HEI, whether public or private:
(2) Students who fail to comply with the admission and retention policies of the SUC or LUC;
(3) Students who fail to complete their bachelor's degree or comparable undergraduate degree within a year after the period prescribed in their program; and
(b) In State-Run TVIs:
(1) Students who have obtained a bachelor's degree, as well as those who have received a certificate or diploma for a technical-vocational course equivalent to at least National Certificate III and above:
(2) Students who fail in any course enrolled in during the course of the program.
Students ineligible to avail of the free tertiary education shall be charged the tuition and other school fees, as determined by the respective boards of the SUCs and LUCs, and in the case of the state-run TVIs, to be determined by the TESDA.
Section 7. TES for Filipino Students. - To support the cost of tertiary education or any part or portion thereof, a TES is hereby established for all Filipino students who shall enroll in undergraduate-post-secondary programs of SUCs, LUCs private HEIs and all TVIs. The TES shall be administered by the UniFAST Board and the amount necessary to fund the TES shall be included in the budgets of the CHED and the TESDA: Provided, That prioritization shall be given to students in the following order: (a) students who are part of households included in the Listahanan 2.0, ranked according to the estimated per capita household income; and (b) students not part of the Listahanan 2.0, ranked according to estimated per capita household income based on submitted documentation of proof of income to be determined by the UniFAST Board: Provided, further, That such prioritization shall not apply to Filipino students in cities and municipalities with no existing SUC or LUC campus.
The TES may, among others, and to support the cost of tertiary education or any part or portion thereof, cover the following:
(a) Tuition and other school fees in private HEIs, and private or LGU-operated TVIs, which shall be equivalent to the tuition and other school fees of the nearest SUC or state-run TVI in their respective areas;
(b) All allowance for books, supplies transportation and miscellaneous personal expenses including a reasonable allowance for the documented rental or purchase of a personal computer or laptop and other education-related expenses:
(c) An allowance for room and board costs incurred by the student;
(d) For a student with a disability, an allowance for expenses related to the student's disability, an allowance for expenses related to the student's disability including special services, personal assistance, transportation, equipment, and supplies that are reasonably incurred: and
(e) For a student in a program requiring professional license or certification, the one (1)-time cost of obtaining the first professional credentials or qualifications, which may include the following: application fees, notarial fees, review classes fees, insurance premium fees and documentation fees: Provided, That the amount of subsidy shall be based on the guidelines set forth by the UniFAST Board and on the annual budgetary appropriation for this purpose.
Section 8. Student Loan Program for Tertiary Education. - To support further the cost of tertiary education or any part or portion thereof, a student loan program for tertiary education is hereby likewise established for all Filipino students who shall enroll in SUC, LUC, private HEI and TVET program in all TVIs registered under the TESDA. The Loan program shall be administered by the UniFAST Board and the amount necessary to fund the program shall be included in the budgets of the CHED and the TESDA: Provided, That the UniFAST may offer short-term or long-term loans: Provided, further, That those who availed of the loan during their undergraduate degree may still avail of another cycle of student loan for their pursuit of graduate studies, including medicine and law after they have fully paid the previously availed loan: Provided, furthermore, That those who did not avail of the loan program during their undergraduate studies may avail of it to pursue graduate studies including medicine and law: Provided, finally, That those who did not avail of the loan program during their undergraduate studies may avail of the loan program for their review expenses for licensure examinations administered by the Professional Regulation Commission (PRC).
Repayment shall be effected by the incorporating a portion of the loan amount or a percentage thereof in the employee's monthly Social Security System (SSS) or Government Service Insurance System (GSIS) contribution, as the case may be based on a reasonable schedule of repayment and interest rates. As may be formulated by the UniFAST Board.
Payment of the loan amount will commence once the beneficiary secures any gainful employment with compensation, remuneration or earnings that reaches the Compulsory Repayment Threshold (CRT). For purposes of this Act, the CRT shall be set and reviewed by the UniFAST Board, and adjusted when necessary.
The UniFAST Board, in consultation with relevant agencies, shall formulate loan payment guidelines for loan beneficiaries whose earnings are not covered by the GSIS or the SSS programs, including those of overseas Filipino workers (OFWs), emigrants, and self-employed persons and professionals (SEPs).
Section 9. Requirements for SUCs and LUCs. - SUCs and LUCs are hereby mandated to:
(a) Establish a learner information system in accordance with the guidelines to be developed by the CHED in order to facilitate the tracking of students and their performance;
(b) Submit relevant information as determined by the CHED on school quality and performance; and
(c) Formulate and submit to the CHED and to the Joint Congressional Oversight Committee on Universal Access to Tertiary Education created under Section 17 of this Act, a detailed SUC development plan updated every ten (10) years which shall included plans for facilities and infrastructure development and expansion.
Section 10. Quality Standard for SUC and LUC Budgets, TES and Student Loan Programs. - The CHED and the TESDA shall ensure quality standards in the review and consequent endorsement of the budget of the SUCs, LUCs abd state-run TVIs, respectively. The detailed design of the TES and student loan programs shall also be subject to similar quality indicators defined by the UniFAST Board.
Section 11. Prohibited Act. - Upon effectivity of this Act, it shall be unlawful for any person, SUC and state-run TVI to collect tuition and other school fees from qualified students who voluntarily opt out of the tuition and other school fees subsidy or make a contribution to the school.
Section 12. Penalties. - A violation of the prohibited act under Section 11 of this Act shall be meted a penalty of imprisonment of not less than six (6) months but not more than one (1) year or a fine of not less than Twenty thousand pesos (?20,000.00) but not more than One hundred thousand pesos (?100,000.00), or both, at the discretion of the court. In case of a university, college or any other judicial entity, the penalty shall be imposed on the president, treasurer or the officer or person responsible for the violation.
Section 13. Expansion of the UniFAST Board. - The UniFAST Board shall be expanded to include the following:
(a) President of the Philippine Association of State Universities and Colleges as Member;
(b) Chairman of the Coordinating Council of Private Educational Associations as Member;
(c) President of the Association of Local Colleges and Universities as Member;
(d) President of the GSIS as a nonvoting Member; and
(e) President of the SSS as a nonvoting Member.
The UniFAST Board is authorized to establish an enhanced organizational structure, staff development and incentives and such other administrative measures needed for the efficient discharge of tasks and commensurate to the level and scope of its responsibilities. It may tap the expertise and management services of eligible service providers subject to the appropriate guidelines promulgated by the UniFAST Board.
Section 14. Reporting Requirements. - All SUCs, LUCs and state-run TVIs shall submit to the CHED and the TESDA respectively, within five (5) days after the last day of late registration for each semester, a report detailing the names of students eligible for the free tuition and other school fees in their institutions.
Section 15. Appropriations. - The amounts necessary to carry out the provisions of this Act, specifically Section 4, 5, 7 and 8 shall be included in the annual General Appropriations Act (GAA) and shall be appropriated under SUCs, CHED and TESDA in accordance with the provisions of this Act: Provided, That an amount equivalent to not more than three percent (3%) of the TES and student loan program for tertiary education provided under this Act may be used as administrative cost under the UniFAST.
Section 16. Other Sources of Funds. The national government is hereby authorized to prioritize funding this measure in negotiating and utilizing loan-term deeply concessional official development assistance (ODA). Other sources of funds such as grants, donations, collections, and other forms of assistance from local and foreign donors or other public or private entities, and other private domestic and international sources may be tapped and facilitated by the UniFAST Board to support the programs under this Act, subject to the regular auditing guidelines and procedures;
Provided, That in case of donations from foreign sources, acceptance thereof shall be subject to existing government rules and regulations.
Section 17. Joint Congressional Oversight Committee on Universal Access to Tertiary Eduaction. There is hereby created a Joint Congressional Oversight Committee to oversee, monitor and evaluate the implementation of this Act.
The Oversight Committee shall be composed of five (5) members each from the Senate and from the House of Representatives, and shall include the following: Chairperson of the Senate Committee on Education, Arts and Culture; Chairperson of the House Committee on Higher and Technical Education; Chairperson of the House Committee on Higher and Technical Education by the Senate President and the House of Representatives and in the Senate. Funding for the expenses of the Committee shall be taken from the appropriations of both the Senate and the House of Representatives.
Section 18. Implementing Rules and Regulations. - Within sixty (60) days from the effectivity of this Act, the UniFAST Board, in consultation with the CHED, the TESDA, and other relevant stakeholders in higher and technical education, shall promulgate the implementing rules and regulation necessary to ensure the efficient and effective implementation of this Act: Provided, That the failure of the Board to promulgate the said rules and regulations shall not prevent or delay the effectivity and implementation of this Act in accordance with Section 21 hereof.
Section 19. Separability Clause. - Should any part of this Act be declared unconstitutional or invalid, the other parts or provisions hereof not affected not thereby shall continue to be in full force and effect.
Section 20. Repealing Clause. - All laws, executive orders, presidential decrees, implementing rules and regulations or parts thereof inconsistent with the provisions of this Act are hereby replealed or modified accordingly.
Section 21. Effectivity. - This Act shall take effect fifteen (15) days after its publication in the Official Gazzette or in a newspaper of general circulation.
REPUBLIC ACT No. 4670 June 18, 1966
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.1âшphi1 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 willfully 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.