THE MAGNA CARTA FOR PUBLIC SCHOOL TEACHERS

REPUBLIC ACT NO. 4670 

June 18, 1966

I. DECLARATION OF POLICY COVERAGE

Sec. 1. Declaration of Policy. It is hereby declared to be the policy of this Act to promote and improve the social and economic status of public school teachers, their living and working conditions, their terms of employment and career prospects in order that they may compare favorably with existing opportunities in other walks of life, attract and retain in the teaching profession more people with the proper qualifications, it being recognized that advance in education depends on the qualifications and ability of the teaching staff and that education is an essential factor in the economic growth of the nation as a productive investment of vital importance.

Sec. 2. Title Definition. This Act shall be known as the "Magna Carta for Public School Teachers" and shall apply to all public school teachers except those in the professorial staff of state colleges and universities.

As used in this Act, the term "teacher" shall mean all persons engaged in classroom teaching, in any level of instruction, on full-time basis, including guidance counselors, school librarians, industrial arts or vocational instructors, and all other persons performing supervisory and/or administrative functions in all schools, colleges and universities operated by the Government or its political subdivisions; but shall not include school nurses, school physicians, school dentists, and other school employees.

II. RECRUITMENT AND CAREER

Sec. 3. Recruitment and Qualification. Recruitment policy with respect to the selection and appointment of teachers shall be clearly defined by the Department of Education: Provided, however, That effective upon the approval of this Act, the following shall constitute the minimum educational qualifications for teacher-applicants:

(a) For teachers in the kindergarten and elementary grades, Bachelor's degree in Elementary Education (B.S.E.ED.);

(b) For teachers of the secondary schools, Bachelor's degree in Education or its equivalent with a major and a minor; or a Bachelor's degree in Arts or Science with at least eighteen professional units in Education.

(c) For teachers of secondary vocational and two years technical courses, Bachelor's degree in the field of specialization with at least eighteen professional units in education;

(d) For teachers of courses on the collegiate level, other than vocational, master's degree with a specific area of specialization;

Provided, further, That in the absence of applicants who possess the minimum educational qualifications as hereinabove provided, the school 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.

Sec. 4. Probationary Period. When recruitment takes place after adequate training and professional preparation in any school recognized by the Government, no probationary period preceding regular appointment shall be imposed if the teacher possesses the appropriate civil service eligibility: Provided, however, That where, due to the exigencies of the service, it is necessary to employ as teacher a person who possesses the minimum educational qualifications herein above set forth but lacks the appropriate civil service eligibility, such person shall be appointed on a provisional status and shall undergo a period of probation for not less than one year from and after the date of his provisional appointment.

Sec. 5. Tenure of Office. Stability on employment and security of tenure shall be assured the teachers as provided under existing laws.

Subject to the provisions of Section three hereof, teachers appointed on a provisional status for lack of necessary civil service eligibility shall be extended permanent appointment for the position he is holding after having rendered at least ten years of continuous, efficient and faithful service in such position.

Sec. 6. Consent for Transfer Transportation Expenses. Except for cause and as herein otherwise provided, no teacher shall be transferred without his consent from one station to another.

Where the exigencies of the service require the transfer of a teacher from one station to another, such transfer may be effected by the school superintendent who shall previously notify the teacher concerned of the transfer and the reason or reasons therefor. If the teacher believes there is no justification for the transfer, he may appeal his case to the Director of Public Schools or the Director of Vocational Education, as the case may be. Pending his appeal and the decision thereon, his transfer shall be held in abeyance: Provided, however, That no transfers whatever shall be made three months before any local or national election.

Necessary transfer expenses of the teacher and his family shall be paid for by the Government if his transfer is finally approved.

Sec. 7. Code of Professional Conduct for Teachers. Within six months from the approval of this Act, the Secretary of Education shall formulate and prepare a Code of Professional Conduct for Public School Teachers. A copy of the Code shall be furnished each teacher: Provided, however, That where this is not possible by reason of inadequate fiscal resources of the Department of Education, at least three copies of the same Code shall be deposited with the office of the school principal or head teacher where they may be accessible for use by the teachers.

Sec. 8. Safeguards in Disciplinary Procedure. Every teacher shall enjoy equitable safeguards at each stage of any disciplinary procedure and shall have:

a. the right to be informed, in writing, of the charges;

b. the right to full access to the evidence in the case;

c. the right to defend himself and to be defended by a representative of his choice and/or by his organization, adequate time being given to the teacher for the preparation of his defense; and

d. the right to appeal to clearly designated authorities.

No publicity shall be given to any disciplinary action being taken against a teacher during the pendency of his case.

Sec. 9. Administrative Charges. Administrative charges against a teacher shall be heard initially by a committee composed of the corresponding School Superintendent of the Division or a duly authorized representative who should at least have the rank of a division supervisor, where the teacher belongs, as chairman, a representative of the local or, in its absence, any existing provincial or national teacher's organization and a supervisor of the Division, the last two to be designated by the Director of Public Schools. The committee shall submit its findings and recommendations to the Director of Public Schools within thirty days from the termination of the hearings: Provided, however, That where the school superintendent is the complainant or an interested party, all the members of the committee shall be appointed by the Secretary of Education.

Sec. 10. No Discrimination. There shall be no discrimination whatsoever in entrance to the teaching profession, or during its exercise, or in the termination of services, based on other than professional consideration.

Sec. 11. Married Teachers. Whenever possible, the proper authorities shall take all steps to enable married couples, both of whom are public school teachers, to be employed in the same locality.

Sec. 12. Academic Freedom. Teachers shall enjoy academic freedom in the discharge of their professional duties, particularly with regard to teaching and classroom methods.

III. HOURS OF WORK AND REMUNERATION

Sec. 13. Teaching Hours. Any teacher engaged in actual classroom instruction shall not be required to render more than six hours of actual classroom teaching a day, which shall be so scheduled as to give him time for the preparation and correction of exercises and other work incidental to his normal teaching duties: Provided, however, That where the exigencies of the service so require, any teacher may be required to render more than six hours but not exceeding eight hours of actual classroom teaching a day upon payment of additional compensation at the same rate as his regular remuneration plus at least twenty-five per cent of his basic pay.

Sec. 14. Additional Compensation. Notwithstanding any provision of existing law to the contrary, co-curricula and out of school activities and any other activities outside of what is defined as normal duties of any teacher shall be paid an additional compensation of at least twenty-five per cent of his regular remuneration after the teacher has completed at least six hours of actual classroom teaching a day.

In the case of other teachers or school officials not engaged in actual classroom instruction, any work performed in excess of eight hours a day shall be paid an additional compensation of at least twenty-five per cent of their regular remuneration.

The agencies utilizing the services of teachers shall pay the additional compensation required under this section. Education authorities shall refuse to allow the rendition of services of teachers for other government agencies without the assurance that the teachers shall be paid the remuneration provided for under this section.

Sec. 15. Criteria for Salaries. Teacher's salaries shall correspond to the following criteria:

(a) they shall compare favorably with those paid in other occupations requiring equivalent or similar qualifications, training and abilities;

(b) they shall be such as to insure teachers a reasonable standard of life for themselves and their families; and

(c) they shall be properly graded so as to recognize the fact that certain positions require higher qualifications and greater responsibility than others: Provided, however, That the general salary scale shall be such that the relation between the lowest and highest salaries paid in the profession will be of reasonable order. Narrowing of the salary scale shall be achieved by raising the lower end of the salary scales relative to the upper end.

Sec. 16. Salary Scale. Salary scales of teachers shall provide for a gradual progression from a minimum to a maximum salary by means of regular increments, granted automatically after three years: Provided, That the efficiency rating of the teacher concerned is at least satisfactory. The progression from the minimum to the maximum of the salary scale shall not extend over a period of ten years.

Sec. 17. Equality in Salary Scales. The salary scales of teachers whose salaries are appropriated by a city, municipal, municipal district, or provincial government, shall not be less than those provided for teachers of the National Government.

Sec. 18. Cost of Living Allowance. Teacher's salaries shall, at the very least, keep pace with the rise in the cost of living by the payment of a cost-of-living allowance which shall automatically follow changes in a cost-of-living index. The Secretary of Education shall, in consultation with the proper government entities, recommend to Congress, at least annually, the appropriation of the necessary funds for the cost-of-living allowances of teachers employed by the National Government. The determination of the cost-of-living allowances by the Secretary of Education shall, upon approval of the President of the Philippines, be binding on the city, municipal or provincial government, for the purposes of calculating the cost-of-living allowances of teachers under its employ.

Sec. 19. Special Hardship Allowances. In areas in which teachers are exposed to hardship such as difficulty in commuting to the place of work or other hazards peculiar to the place of employment, as determined by the Secretary of Education, they shall be compensated special hardship allowances equivalent to at least twenty-five per cent of their monthly salary.

Sec. 20. Salaries to be Paid in Legal Tender. Salaries of teachers shall be paid in legal tender of the Philippines or its equivalent in checks or treasury warrants. Provided, however, That such checks or treasury warrants shall be cashable in any national, provincial, city or municipal treasurer's office or any banking institutions operating under the laws of the Republic of the Philippines.

Sec. 21. Deductions Prohibited. No person shall make any deduction whatsoever from the salaries of teachers except under specific authority of law authorizing such deductions: Provided, however, That upon written authority executed by the teacher concerned, (1) lawful dues and fees owing to the Philippine Public School Teachers Association, and (2) premiums properly due on insurance policies, shall be considered deductible.

IV. HEALTH MEASURES AND INJURY BENEFITS

Sec. 22. Medical Examination and Treatment. Compulsory medical examination shall be provided free of charge for all teachers before they take up teaching, and shall be repeated not less than once a year during the teacher's professional life. Where medical examination show that medical treatment and/or hospitalization is necessary, same shall be provided free by the government entity paying the salary of the teachers.

In regions where there is scarcity of medical facilities, teachers may obtain elsewhere the necessary medical care with the right to be reimbursed for their traveling expenses by the government entity concerned in the first paragraph of this Section.

Sec. 23. Compensation For Injuries. Teachers shall be protected against the consequences of employment injuries in accordance with existing laws. The effects of the physical and nervous strain on the teacher's health shall be recognized as a compensable occupational disease in accordance with existing laws.

V. LEAVE AND RETIREMENT BENEFITS

Sec. 24. Study Leave. In addition to the leave privileges now enjoyed by teachers in the public schools, they shall be entitled to study leave not exceeding one school year after seven years of service. Such leave shall be granted in accordance with a schedule set by the Department of Education. During the period of such leave, the teachers shall be entitled to at least sixty per cent of their monthly salary: Provided, however, That no teacher shall be allowed to accumulate more than one year study leave, unless he needs an additional semester to finish his thesis for a graduate study in education or allied courses: Provided, further, That no compensation shall be due the teacher after the first year of such leave. In all cases, the study leave period shall be counted for seniority and pension purposes.

The compensation allowed for one year study leave as herein provided shall be subject to the condition that the teacher takes the regular study load and passes at least seventy-five per cent of his courses. Study leave of more than one year may be permitted by the Secretary of Education but without compensation.

Sec. 25. Indefinite Leave. An indefinite sick leave of absence shall be granted to teachers when the nature of the illness demands a long treatment that will exceed one year at the least.

Sec. 26. Salary Increase upon Retirement. Public school teachers having fulfilled the age and service requirements of the applicable retirement laws shall be given one range salary raise upon retirement, which shall be the basis of the computation of the lump sum of the retirement pay and the monthly benefits thereafter.

VI. TEACHER'S ORGANIZATION

Sec. 27. Freedom to Organize. Public school teachers shall have the right to freely and without previous authorization both to establish and to join organizations of their choosing, whether local or national to further and defend their interests.

Sec. 28. Discrimination Against Teachers Prohibited. The rights established in the immediately preceding Section shall be exercised without any interference or coercion. It shall be unlawful for any person to commit any acts of discrimination against teachers which are calculated to (a) make the employment of a teacher subject to the condition that he shall not join an organization, or shall relinquish membership in an organization,

(b) to cause the dismissal of or otherwise prejudice a teacher by reason of his membership in an organization or because of participation in organization activities outside school hours, or with the 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.

Sec. 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

Sec. 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.

Sec. 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.

Sec. 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.

Sec. 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.

Sec. 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.

Sec. 35. This Act shall take effect upon its approval.

CODE OF ETHICS FOR PROFESSIONAL TEACHERS

Pursuant to the provisions of paragraph (e), Article 11, of R.A. No. 7836,otherwise known as the Philippine Teachers Professionalization Act of 1994 and paragraph (a), section 6, P.D. No. 223, as amended, the Board for Professional Teachers hereby adopt the Code of Ethics for Professional Teachers.

Preamble

Teachers are duly licensed professionals who possesses dignity and reputation withhigh moral values as well as technical and professional competence in the practiceof their noble profession, and they strictly adhere to, observe, and practice thisset of ethical and moral principles, standards, and values.

Article I: Scope and Limitations

Section 1. The Philippine Constitution provides that all educational institutionshall offer quality education for all competent teachers. Committed to its fullrealization, the provision of this Code shall apply, therefore, to all teachers inschools in the Philippines.

Section 2. This Code covers all public and private school teachers in alleducational institutions at the preschool, primary, elementary, and secondarylevels whether academic, vocational, special, technical, or non-formal. The term“teacher” shall include industrial arts or vocational teachers and all otherpersons performing supervisory and /or administrative functions in all school atthe aforesaid levels, whether on full time or part-time basis.

Article II: The Teacher and the State

Section 1. The schools are the nurseries of the future citizens of the state; eachteacher is a trustee of the cultural and educational heritage of the nation and isunder obligation to transmit to learners such heritage as well as to elevatenational morality, promote national pride, cultivate love of country, instillallegiance to the constitution and for all duly constituted authorities, andpromote obedience to the laws of the state.

Section 2. Every teacher or school official shall actively help carry out thedeclared policies of the state, and shall take an oath to this effect.

Section 3. In the interest of the State and of the Filipino people as much as ofhis own, every teacher shall be physically, mentally and morally fit.

Section 4. Every teacher shall possess and actualize a full commitment anddevotion to duty.

Section 5. A teacher shall not engage in the promotion of any political,religious, or other partisan interest, and shall not, directly or indirectly,solicit, require, collect, or receive any money or service or other valuablematerial from any person or entity for such purposes.

Section 6. Every teacher shall vote and shall exercise all other constitutionalrights and responsibility.

Section 7. A teacher shall not use his position or official authority or influenceto coerce any other person to follow any political course of action.

Section 8. Every teacher shall enjoy academic freedom and shall have privilege ofexpounding the product of his researches and investigations; provided that, if theresults are inimical to the declared policies of the State, they shall be broughtto the proper authorities for appropriate remedial action.

Article III: The Teacher and the Community

Section 1. A teacher is a facilitator of learning and of the development of theyouth; he shall, therefore, render the best service by providing an environmentconducive to such learning and growth.

Section 2. Every teacher shall provide leadership and initiative to activelyparticipate in community movements for moral, social, educational, economic andcivic betterment.

Section 3. Every teacher shall merit reasonable social recognition for whichpurpose he shall behave with honor and dignity at all times and refrain from suchactivities as gambling, smoking, drunkenness, and other excesses, much lessillicit relations.

Section 4. Every teacher shall live for and with the community and shall,therefore, study and understand local customs and traditions in order to havesympathetic attitude, therefore, refrain from disparaging the community.

Section 5. Every teacher shall help the school keep the people in the communityinformed about the school’s work and accomplishments as well as its needs andproblems.

Section 6. Every teacher is intellectual leader in the community, especially inthe barangay, and shall welcome the opportunity to provide such leadership whenneeded, to extend counseling services, as appropriate, and to actively be involvedin matters affecting the welfare of the people.

Section 7. Every teacher shall maintain harmonious and pleasant personal andofficial relations with other professionals, with government officials, and withthe people, individually or collectively.Section 8. A teacher posses freedom to attend church and worships as appropriate,but shall not use his positions and influence to proselyte others.

Article IV: A Teacher and the Profession

Section 1. Every teacher shall actively insure that teaching is the noblestprofession, and shall manifest genuine enthusiasm and pride in teaching as a noblecalling.

Section 2. Every teacher shall uphold the highest possible standards of qualityeducation, shall make the best preparations for the career of teaching, and shallbe at his best at all times and in the practice of his profession.

Section 3. Every teacher shall participate in the Continuing ProfessionalEducation (CPE) program of the Professional Regulation Commission, and shallpursue such other studies as will improve his efficiency, enhance the prestige of the profession, and strengthen his competence, virtues, and productivity in orderto be nationally and internationally competitive.

Section 4. Every teacher shall help, if duly authorized, to seek support from theschool, but shall not make improper misrepresentations through personaladvertisements and other questionable means.

Section 5. Every teacher shall use the teaching profession in a manner that makesit dignified means for earning a descent living.

Article V: The Teachers and the Profession

Section 1. Teachers shall, at all times, be imbued with the spirit of professionalloyalty, mutual confidence, and faith in one another, self-sacrifice for thecommon good, and full cooperation with colleagues. When the best interest of thelearners, the school, or the profession is at stake in any controversy, teachersshall support one another.

Section 2. A teacher is not entitled to claim credit or work not of his own, andshall give due credit for the work of others which he may use.

Section 3. Before leaving his position, a teacher shall organize for whoeverassumes the position such records and other data as are necessary to carry on thework.

Section 4. A teacher shall hold inviolate all confidential information concerningassociates and the school, and shall not divulge to anyone documents which has notbeen officially released, or remove records from files without permission.

Section 5. It shall be the responsibility of every teacher to seek correctives forwhat may appear to be an unprofessional and unethical conduct of any associate.However, this may be done only if there is incontrovertible evidence for suchconduct.

Section 6. A teacher may submit to the proper authorities any justifiablecriticism against an associate, preferably in writing, without violating the rightof the individual concerned.

Section 7. A teacher may apply for a vacant position for which he is qualified;provided that he respects the system of selection on the basis of merit andcompetence; provided, further, that all qualified candidates are given theopportunity to be considered.

Article VI: The Teacher and Higher Authorities in the Profession

Section 1. Every teacher shall make it his duty to make an honest effort tounderstand and support the legitimate policies of the school and theadministration regardless of personal feeling or private opinion and shallfaithfully carry them out.

Section 2. A teacher shall not make any false accusations or charges againstsuperiors, especially under anonymity. However, if there are valid charges, heshould present such under oath to competent authority.

Section 3. A teacher shall transact all official business through channels except when special conditions warrant a different procedure, such as when special conditions are advocated but are opposed by immediate superiors, in which case, the teacher shall appeal directly to the appropriate higher authority.

Section 4. Every teacher, individually or as part of a group, has a right to seek redress against injustice to the administration and to extent possible, shall raise grievances within acceptable democratic possesses. In doing so, they shall avoid jeopardizing the interest and the welfare of learners whose right to learn must be respected.

Section 5. Every teacher has a right to invoke the principle that appointments, promotions, and transfer of teachers are made only on the basis of merit and needed in the interest of the service.

Section 6. A teacher who accepts a position assumes a contractual obligation to live up to his contract, assuming full knowledge of employment terms and conditions.

Article VII: School Officials, Teachers, and Other Personnel

Section 1. All school officials shall at all times show professional courtesy, helpfulness and sympathy towards teachers and other personnel, such practices being standards of effective school supervision, dignified administration, responsible leadership and enlightened directions.

Section 2. School officials, teachers, and other school personnel shall consider it their cooperative responsibility to formulate policies or introduce important changes in the system at all levels.

Section 3. School officials shall encourage and attend the professional growth of all teachers under them such as recommending them for promotion, giving them due recognition for meritorious performance, and allowing them to participate in conferences in training programs.

Section 4. No school officials shall dismiss or recommend for dismissal a teacher or other subordinates except for cause. 

Section 5. School authorities concern shall ensure that public school teachers are employed in accordance with pertinent civil service rules, and private school teachers are issued contracts specifying the terms and conditions of their work; provided that they are given, if qualified, subsequent permanent tenure, in accordance with existing laws.

Article VIII: The Teachers and Learners

Section 1. A teacher has a right and duty to determine the academic marks and the promotions of learners in the subject or grades he handles, provided that such determination shall be in accordance with generally accepted procedures of evaluation and measurement. In case of any complaint, teachers concerned shall immediately take appropriate actions, observing due process.

Section 2. A teacher shall recognize that the interest and welfare of learners are of first and foremost concern, and shall deal justifiably and impartially with each of them.

Section 3. Under no circumstance shall a teacher be prejudiced or discriminate against a learner.

Section 4. A teacher shall not accept favors or gifts from learners, their parents or others in their behalf in exchange for requested concessions, especially if undeserved.

Section 5. A teacher shall not accept, directly or indirectly, any remuneration from tutorials other what is authorized for such service.

Section 6. A teacher shall base the evaluation of the learner’s work only in merit and quality of academic performance.

Section 7. In a situation where mutual attraction and subsequent love develop between teacher and learner, the teacher shall exercise utmost professional discretion to avoid scandal, gossip and preferential treatment of the learner.

Section 8. A teacher shall not inflict corporal punishment on offending learners nor make deductions from their scholastic ratings as a punishment for acts which are clearly not manifestation of poor scholarship.

Section 9. A teacher shall ensure that conditions contribute to the maximum development of learners are adequate, and shall extend needed assistance in preventing or solving learner’s problems and difficulties.

Article IX: The Teachers and Parents

Section 1. Every teacher shall establish and maintain cordial relations with parents, and shall conduct himself to merit their confidence and respect.

Section 2. Every teacher shall inform parents, through proper authorities, of the progress and deficiencies of learner under him, exercising utmost candor and tact in pointing out the learner's deficiencies and in seeking parent’s cooperation for the proper guidance and improvement of the learners.

Section 3. A teacher shall hear parent’s complaints with sympathy and understanding, and shall discourage unfair criticism.

Article X: The Teacher and Business

Section 1. A teacher has the right to engage, directly or indirectly, in legitimate income generation; provided that it does not relate to or adversely affect his work as a teacher.

Section 2. A teacher shall maintain a good reputation with respect to the financial matters such as in the settlement of his debts and loans in arranging satisfactorily his private financial affairs.

Section 3. No teacher shall act, directly or indirectly, as agent of, or be financially interested in, any commercial venture which furnish textbooks and other school commodities in the purchase and disposal of which he can exercise official influence, except only when his assignment is inherently, related to such purchase and disposal; provided they shall be in accordance with the existing regulations; provided, further, that members of duly recognized teachers cooperatives may participate in the distribution and sale of such commodities.

Article XI: The Teacher as a Person

Section 1. A teacher is, above all, a human being endowed with life for which it is the highest obligation to live with dignity at all times whether in school, in the home, or elsewhere.

Section 2. A teacher shall place premium upon self-discipline as the primary principle of personal behavior in all relationships with others and in all situations.

Section 3. A teacher shall maintain at all times a dignified personality which could serve as a model worthy of emulation by learners, peers and all others.

Section 4. A teacher shall always recognize the Almighty God as guide of his own destiny and of the destinies of men and nations.

Article XII: Disciplinary Actions

Section 1. Any violation of any provision of this code shall be sufficient ground for the imposition against the erring teacher of the disciplinary action consisting of revocation of his Certification of Registration and License as a Professional Teacher, suspension from the practice of teaching profession, or reprimand or cancellation of his temporary/special permit under causes specified in Sec. 23, Article III or R.A. No. 7836, and under Rule 31, Article VIII, of the Rules and Regulations Implementing R.A. 7836.

Article XIII: Effectivity

Section 1. This Code shall take effect upon approval by the Professional Regulation Commission and after sixty (60) days following its publication in the Official Gazette or any newspaper of general circulation, whichever is earlier.

REPUBLIC ACT NO. 9155

REPUBLIC ACT NO. 9155      August 11, 2001

AN ACT INSTITUTING A FRAME WORK OF GOVERNANCE FOR BASIC EDUCATION, ESTABLISHING AUTHORITY AND ACCOUNTABILITY, RENAMING THE DEPARTMENT OF EDUCATION, CULTURE AND SPORTS AS THE DEPARTMENT OF EDUCATION, AND FOR OTHER PURPOSES

Be it enacted by the Senate and the House of Representatives of the Philippines in Congress assembled:

Section 1. Short Title. - This Act shall be known as the "Governance of Basic Education Act of 2001."

Section 2. Declaration of Policy. - It is hereby declared the policy of the State to protect and promote the right of all citizens to quality basic education and to make such education accessible to all by providing all Filipino children a free and compulsory education in the elementary level and free education in the high school level. Such education shall also include alternative learning systems for out-of-school youth and adult learners. It shall be the goal of basic education to provide them with the skills, knowledge and values they need to become caring, seIf-reliant, productive and patriotic citizens.

The school shall be the heart of the formal education system. It is where children learn. Schools shall have a single aim of providing the best possible basic education for all learners.

Governance of basic education shall begin at the national level it is at the regions, divisions, schools and learning centers herein referred to as the field offices - where the policy and principle for the governance of basic education shall be translated into programs, projects and services developed, adapted and offered to fit local needs.

The State shall encourage local initiatives for improving the quality of basic education. The State shall ensure that the values, needs and aspirations of a school community are reflected in the program of education for the children, out-of-school youth and adult learners. Schools and learning centers shall be empowered to make decisions on what is best for the learners they serve.

Section 3. Purposes and Objectives. - The purposes and objectives of this Act are:

(a) To provide the framework for the governance of basic education which shall set the general directions for educational policies and standards and establish authority, accountability and responsibility for achieving higher learning outcomes;

(b) To define the roles and responsibilities of and provide resources to, the field offices which shall implement educational programs, projects and services in communities they serve;

(c) To make schools and learning centers the most important vehicle for the teaching and learning of national values and for developing in the Filipino learners love of country and pride in its rich heritage;

(d) To ensure that schools and learning centers receive the kind of focused attention they deserve and that educational programs, projects and services take into account the interests of all members of the community;

(e) To enable the schools and learning centers to reflect the values of the community by allowing teachers/learning facilitators and other staff to have the flexibility to serve the needs of all learners;

(f) To encourage local initiatives for the improvement of schools and learning centers and to provide the means by which these improvements may be achieved and sustained; and

(g) To establish schools and learning centers as facilities where schoolchildren are able to learn a range of core competencies prescribed for elementary and high school education programs or where the out-of-school youth and adult learners are provided alternative learning programs and receive accreditation for at least the equivalent of a high school education.

Section 4. Definition of Terms. - For purposes of this Act, the terms or phrases used shall mean or be understood as follows:

(a) Alternative Learning System -is a parallel learning system to provide a viable alternative to the existing formal education instruction. It encompasses both the nonformal and informal sources of knowledge and skills;

(b) Basic Education - is the education intended to meet basic learning needs which lays the foundation on which subsequent learning can be based. It encompasses early childhood, elementary and high school education as well as alternative learning systems four out-of-school youth and adult learners and includes education for those with special needs;

(c) Cluster of Schools - is a group of schools which are geographically contiguous and brought together to improve the learning outcomes;

(d) Formal Education - is the systematic and deliberate process of hierarchically structured and sequential learning corresponding to the general concept of elementary and secondary level of schooling. At the end of each level, the learner needs a certification in order to enter or advance to the next level;

(e) Informal Education - is a lifelong process of learning by which every person acquires and accumulates knowledge, skills, attitudes and insights from daily experiences at home, at work, at play and from life itself;

(f) Integrated School. - is a school that offers a complete basic education in one school site and has unified instructional program;

(g) Learner - is any individual seeking basic literacy skills and functional life skills or support services for the improvement of the quality of his/her life;

(h) Learning Center - is a physical space to house learning resources and facilities of a learning program for out-of-school youth and adults. It is a venue for face-to-face learning and activities and other learning opportunities for community development and improvement of the people's quality of life;

(i) Learning Facilitator - is the key learning support person who is responsible for supervising/facilitating the learning process and activities of the learner;

(j) Non-Formal Education - is any organized, systematic educational activity carried outside the framework of the formal system to provide selected types of learning to a segment of the population;

(k) Quality Education - is the appropriateness, relevance and excellence of the education given to meet the needs and aspirations of an individual and society;

(I) .School - is an educational institution, private and public, undertaking educational operation with a specific age-group of pupils or students pursuing defined studies at defined levels, receiving instruction from teachers, usually located in a building or a group of buildings in a particular physical or cyber site; and

(m) .School Head - is a person responsible for the administrative and instructional supervision of the school or cluster of schools.

CHAPTER 1
GOVERNANCE OF BASIC EDUCATION

Section 5. Principles of Shared Governance. - (a) Shared governance is a principle which recognizes that every unit in the education bureaucracy has a particular role, task and responsibility inherent in the office and for which it is principally accountable for outcomes;

(b) The process of democratic consultation shall be observed in the decision-making process at appropriate levels. Feedback mechanisms shall be established to ensure coordination and open communication of the central office with the regional, division and school levels;

(c) The principles of accountability and transparency shall be operationalized in the performance of functions and responsibilities at all levels; and

(d) The communication channels of field offices shall be strengthened to facilitate flow of information and expand linkages with other government agencies, local government units and nongovernmental organizations for effective governance.

Section 6. Governance. - The Department of Education, Culture and Sports shall henceforth be called the Department of Education. It shall be vested with authority, accountability and responsibility for ensuring access to, promoting equity in, and improving the quality of basic education. Arts, culture and sports shall be as provided for in Sections 8 and 9 hereof.

Section 7. Powers, Duties and Functions. - The Secretary of the Department of Education shall exercise overall authority and supervision over the operations of the Department.

A. National Level In addition to his/her powers under existing laws, the Secretary of Education shall have authority, accountability and responsibility for the following:

(1) Formulating national educational policies;

(2) Formulating a national basic education plan;

(3) Promulgating national educational Standards;

(4) Monitoring and assessing national learning outcomes;

(5) Undertaking national educational research and studies;

(6) Enhancing the employment status, professional competence, welfare and working conditions of all personnel of the Department; and

(7) Enhancing the total development of learners through local and national programs and/or projects.

The Secretary of Education shall be assisted by not more than four (4) undersecretaries and not more than four (4) assistant secretaries whose assignments, duties and responsibilities shall be governed by law. There shall be at least one undersecretary and one assistant secretary who shall be career executive service officers chosen from among the staff of the Department.

B. Regional Level

There shall be as many regional offices as may be provided by law. Each regional office shall have a director, an assistant director and an office staff for program promotion and support, planning, administrative and fiscal services.

Consistent with the national educational policies, plans and standards, the regional director shall have authority, accountability and responsibility for the following:

(1) Defining a regional educational policy framework which reflects the values, needs and expectations of the communities they serve;

(2) Developing a regional basic education plan;

(3) Developing regional educational standards with a view towards bench-marking for international competitiveness;

(4) Monitoring, evaluating and assessing regional learning outcomes;

(5) Undertaking research projects and developing and managing region wide projects which may be funded through official development assistance and/or or other finding agencies;

(6) Ensuring strict compliance with prescribed national criteria for the recruitment, selection and training of all staff in the region and divisions.

(7) Formulating, in coordination with the regional development council, the budget to support the regional educational plan which shall take into account the educational plans of the divisions and districts;

(8) Determining the organization component of the divisions and districts and approving the proposed staffing pattern of all employees in the divisions and districts;

(9) Hiring, placing and evaluating all employees in the regional office, except for the position of assistant director;

(10) Evaluating all schools division superintendents and assistant division superintendents in the region;

(II) Planning and managing the effective and efficient use of all personnel, physical and fiscal resources of the regional office, including professional staff development.;

(12) Managing the database and management information system of the region;

(13) Approving the establishment of public and private elementary and high schools and learning centers; and

(14) Preforming such other functions as may be assigned by proper authorities.

C. Division Level

A division shall consist of a province or a city which shall have a schools division superintendent, at least one assistant schools division superintendent and an office staff for programs promotion, planning, administrative, fiscal, legal, ancillary and other support services.

Consistent with the national educational policies, plans and standards the schools division superintendents shall have authority, accountability and responsibility for the following:

(1) Developing and implementing division education development plans;

(2) Planning and managing the effective and efficient use of all personnel, physical and fiscal resources of the division, including professional staff development;

(3) Hiring, placing and evaluating all division supervisors and schools district supervisors as well as all employees in the division, both teaching and non-teaching personnel, including school heads, except for the assistant division superintendent;

(4) Monitoring the utilization of funds provided by the national government and the local government units to the schools and learning centers;

(5) Ensuring compliance of quality standards for basic education programs and for this purpose strengthening the role of division supervisors as subject area specialists;

(6) Promoting awareness of and adherence by all schools and learning centers to accreditation standards prescribed by the Secretary of Education;

(7) Supervising the operations of all public and private elementary, secondary and integrated schools, and learning centers; and

(8) Performing such other functions as may be assigned by proper authorities.

D. Schools District Level

Upon the recommendation of the schools division superintendents, the regional director may establish additional schools district within a schools division. School districts already existing at tile time of the passage of the law shall be maintained. A schools district shall have a schools district supervisor and an office staff for program promotion.

The schools district supervisor shall be responsible for:

(1) Providing professional and instructional advice and support to the school heads and teachers/facilitators of schools and learning centers in the district or cluster thereof;

(2) Curricula supervision; and

(3) Performing such other functions as may be assigned by proper authorities.

E. School Level

There shall be a school head for all public elementary schools and public high schools or a cluster thereof. The establishment of integrated schools from existing public elementary and public high schools shall be encouraged.

The school head, who may be assisted by an assistant school head, shall be both an instructional leader and administrative manager. The school head shall form a them with the school teachers/learning facilitators for delivery of quality educational programs, projects and services. A core of nonteaching staff shall handle the school's administrative, fiscal and auxiliary services.

Consistent with the national educational policies, plans and standards, the school heads shall have authority, accountability and responsibility for the following:

(1) Setting the mission, vision, goals and objectives of the school;

(2) Creating an environment within the school that is conducive to teaching and learning;

(3) Implementing the school curriculum and being accountable for higher learning outcomes;

(4) Developing the school education program and school improvement plan;

(5) Offering educational programs, projects and services which provide equitable opportunities for all learners in the community;

(6) Introducing new and innovative modes of instruction to achieve higher learning outcomes;

(7) Administering and managing all personnel, physical and fiscal resources of the school;

(8) Recommending the staffing complement of the school based on its needs;

(9) Encouraging staff development;

(10) Establishing school and community networks and encouraging the active participation of teachers organizations, nonacademic personnel of public schools, and parents-teachers-community associations;

(11) Accepting donations, gifts, bequests and grants for the purpose of upgrading teachers' learning facilitators' competencies, improving ad expanding school facilities and providing instructional materials and equipment. Such donations or grants must be reported to the appropriate district supervisors and division superintendents; and

(12) Performing such other functions as may be assigned by proper authorities.

The Secretary of Education shall create a promotions board, at the appropriate levels, which shall formulate and implement a system of promotion for schools decision supervisors, schools district supervisors, and school heads. Promotion of school heads shall be based on educational qualification, merit and performance rather than on the number of teachers/learning facilitators and learners in the school.

The qualifications, salary grade, status of employment and welfare and benefits of school heads shall be the same for public elementary, secondary and integrated schools.

No appointment to the positions of regional directors, assistant regional directors, schools division superintendents and assistant schools division superintendents shall be made unless file appointee is a career executive service officer who preferably shall have risen from the ranks.

CHAPTER 2
TRANSFER OF CULTURAL AGENCIES

SEC. 8. Cultural Agencies. - The Komisyon ng Wikang Pilipino, National Historical Institute, Records Management and Archives Office and the National Library shall now be administratively attached to the National Commission for Culture and the Arts (NCCA) and no loner with the Department of Education. The program for school arts and culture shall remain part of the school curriculum.

CHAPTER 3
ABOLITION OF THE BUREAU OF PHYSICAL EDUCATION AND SCHOOL SPORTS

Section 9. Abolition of BPESS. - All functions, programs and activities of the Department of Education related to sports competition shall be transferred to the Philippine Sports Commission (PSC). The program for school sports and physical fitness shall remain part of the basic education curriculum.

The Bureau of Physical Education and School Sports (BPESS) is hereby abolished. The personnel of the BPESS, presently detailed with the PSC, are hereby transferred to the PSC without loss of rank, including the plantilla positions they occupy. All other BPESS personnel shall be retained by the Department.

CHAPTER 4
SUPPORT AND ASSISTANCE OF OTHER GOVERNMENT AGENCIES

Section 10. The Secretary of Education and the Secretary of Budget and Management shall, within ninety (90) days from the approval of this Act, jointly promulgate the guidelines on the allocation, distribution and utilization of resources provided by thenational government for the field offices, taking into consideration the uniqueness of the working conditions of the teaching service.

The Secretary of the Department of Education shall ensure that resources appropriated for the field offices are adequate and that resources for school personnel, school desks and textbooks and other instructional materials intended are allocated directly and released immediately by the Department of Budget and Management to said offices.

Section 11. The Secretary of the Department of Education, subject to civil service laws and regulations, shall issue appropriate personnel policy rules and regulations that will best meet the requirements of the teaching profession taking into consideration the uniqueness of the working conditions of the teaching service.

Section 12. The Commission on Audit, in the issuance of audit rules and regulations that will govern the utilization of all resources as well as the liquidation, recording and reporting thereof, shall take into account the different characteristics and distinct features of the department's field offices, its organizational set up as well as the nature of the operations of schools and learning centers.

CHAPTER 5
FINAL PROVISIONS

Section 13. Governance in the ARMM; - The Regional Education Secretary for the Autonomous Region in Muslim Mindanao (ARMM) shall exercise similar governance authority over the divisions, districts, schools and learning centers in the region as may be provided in the Organic Act. without prejudice to the provisions of Republic Act No. 9054, entitled "An Act to Strengthen and Expand tile Organic Act for the Autonomous Region in Muslim Mindanao, Amending for the Purpose Republic Act No.6734, entitled' An Act Providing for the Autonomous Region in Muslim Mindanao, as amended"'.

Section 14. Rules and Regulations. - The Secretary of Education shall promulgate the implementing rules and regulations within ninety (90) days after the approval of this Act: Provided, That the Secretary of Education shall fully implement the principle of shared governance within two (2) years after the approval of this Act.

Section 15. Separability Clause. - If for any reason, any portion or provision of this Act shall be declared unconstitutional, other parts or provisions hereof which are not affected thereby shall continue to be in full force and effect.

Section 16 Repealing Clause. - All laws, decrees, executive orders, rules and regulations, part or parts thereof, inconsistent with the provisions of this Act, are hereby repealed or modified accordingly.

Section 17. Effectivity Clause. - This Act. shall take effect fifteen (15) days following its publication in at least two (2) newspapers of general circulation.

Approved,

(Sgd)

FRANKLIN M. DRILON
President of the Senate

(Sgd)

JOSE DE VENECIA, JR.
Speaker of the House of Representatives

(Sgd)

OSCAR G. YARES
Secretary of the Senate

(Sgd)

ROBERTO P. NAZARENO
Secretary General
House of Representatives

Approved: August 11, 2001

(Sgd)

GLORIA MACAPAGAL-ARROYO
President of the Philippines

The Lawphil Project - Arellano Law Foundation


copied from:
http://www.lawphil.net/statutes/repacts/ra2001/ra_9155_2001.html