Legal Foundation of Teachers

Legal Foundation of Teachers
BASIC LAWS ON THE PROFESSIONALIZATION OF TEACHING

PRESIDENTIAL DECREE NO. 1006
PROVIDING FOR THE PROFESSIONALIZATION OF TEACHERS, REGULATING
THEIR PRACTICE IN THE PHILIPPINES AND FOR OTHER PURPOSES.
WHEREAS, the Constitution provides that “All educational institutions shall be under the
supervision of; and subject to regulation by, the State”, and requires that “the State shall
establish and maintain a complete, adequate and integrated system of education
relevant to the goals of national development”;
WHEREAS, in the pursuit on these objectives, the Department of Education and Culture
has adopted ways and means of overseeing all the educational institutions in the
country;
WHEREAS, this supervisory function of the DEC has been primarily beamed towards
insuring that the educational institutions inculcate in the studentry love of the country,
teach the duties of citizenship, and develop moral character, personal discipline, and
scientific, technological and vocational efficiency;
WHEREAS, to implement these objectives, the institutions have relied upon their
teachers whose direct and continuing interaction with the young people and the children
make them potent forces for the development of proper attitudes among the citizenry;
WHEREAS, this accounts for the tremendous growth of the teaching population,
comprising in the civil service sector alone more than 300,000 teachers deployed all
over the country;
WHEREAS, to insure that in the immediacy and urgency of teacher recruitment
qualitative requirements are not overlooked, it has become necessary to regulate the
teaching profession;
WHEREAS, although teaching requires a number of years of collegiate study, it is the
only course that it is not yet considered a profession;
WHEREAS, in recognition of the vital role of teachers in nation-building and as an
incentive to raise the morale of teachers, it is imperative that they be considered as
professionals and teaching be recognized as a profession.
NOW, THEREFORE, I, FERDINAND E. MARCOS, President of the Philippines, by

virtue of the powers vested in me by the Constitution, do hereby decree and order:
Section 1. Title. This Decree shall be known as the Decree Professionalizing Teaching.
Section 2. Declaration of Policy. It is hereby declared a policy that teacher education
shall be given primary concern and attention by the government and shall be of the
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highest quality, and strongly oriented to Philippine conditions and to the needs and
aspirations of the Filipino people even as it seeks enrichment from adoptable ideas and
practices of other people.
Section 3. Definition of Terms. As used in this Decree, the following shall be construed
as follows:
(a) Teaching refers to the profession primarily concerned with the classroom instruction,
at the elementary and secondary levels, in accordance with the curriculum prescribed by
National Board of Education, whether on part-time or full-time basis in the public or
private schools.
(b) Teachers refers to all persons engaged in teaching at the elementary and secondary
levels, whether on a full-time or part-time basis, including guidance counselors, school
librarians, industrial arts or vocational teachers and all other persons performing
supervisory and/or administrative functions in all schools in the aforesaid levels and
legally qualified to practice teaching under this Decree.
(c) Board refers to the National Board for Teachers duly constituted under this Decree.
Section 4. Creation of the National Board for Teachers. There is hereby created a
National Board for Teachers, hereinafter called the Board, to be composed of the
following:
1) Secretary of Education and Culture

Co-Chairman
2) Chairman, Civil Service Commission
3) Commissioner, Professional Regulations Commission
4) Two members representing the private sector to be Member
appointed by the President
Section 5. Powers and Duties. The Board shall have the following powers and duties:
(a) Appoint a set of examiners for every examination who will determine and prepare the
contents of the Board examination for teachers, hereinafter referred to as examination,
in the elementary and secondary levels of instruction, to be held at least once a year;
(b) Determine and fix the places and dates of examination, appoint supervisors and
room examiners from among the employees of the Government who shall be entitled to
a daily allowance to be fixed by the Board for every examination day actually attended,
use the buildings and facilities of public and private schools for examination purposes,
approve applications to take examination, and approve the release of examination
results;
(c) Look from time to time into the conditions affecting the practice of the teaching
profession, adopt such measures as may be deemed proper for the enhancement of
said profession, and/or maintenance of the professional standards and ethics;
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(d) Issue, suspend, revoke, replace or reissue Professional Teachers Certificate, and
administer oaths;
(e) Appoint, subject to the provisions of existing laws, such officials and employees as
are necessary in the effective performance of its functions and responsibilities, prescribe
their duties and fix their compensation;
(f) Prescribe and collect examination and other fees as it may deem proper; and
(g) Promulgate rules and regulations, and exercise such other powers, functions and
duties as may be necessary to carry into effect the purposes of this Decree.
Section 6. Qualification requirements for examination applicants. No applicant shall be
admitted to take the examination unless, on the date of filing of the application, he shall
have complied with the following requirements:
(a) Except those who have been engaged in teaching as herein defined for at least five
years in schools in the Philippines not organized exclusively for nationals of a foreign
country at the time of the effectivity of this Decree, the applicant must be a citizen of the
Philippines;
(b) That he is of good moral character;
(c) That he is free from any physical and/or mental defect which will incapacitate him to
render efficient service; and
(d) That he possesses the following minimum educational qualifications:
1) For teachers in the kindergarten and elementary grades, Bachelor’s degree in
Elementary Education (B.S.E.Ed.) or its equivalent;
2) For teachers of the secondary schools, Bachelor’s degree in Education or its
equivalent with a major and minor, or a Bachelor’s degree in Arts or Sciences with at
least eighteen units in professional education; and
3) For teachers of secondary vocational and two-year technical courses, Bachelor’s
degree in the field of specialization with at least eighteen units in professional education.
All applications shall be filed with an office or offices designated by the Board, preferably
the offices of the Civil Service Commission and the Department of Education and
Culture.
These offices shall screen and approve such applications and issue the corresponding
permits to take the examination to qualify applicants.
Section 7. Appointment of examiners. The Board shall appoint a set of examiners for
every examination who are recognized authority in teacher education, and their names
shall not be disclosed until after the release of the results of the examination. They shall
each receive as compensation the sum of not less than P5.00 for each examinee as
may be determined by the Board but in no case shall each examiner receive more than
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P18, 000 per examination. Any examiner who is in the service of the Government shall
receive the compensation herein provided in addition to his salary.
Section 8. Scope of the examination. The examination shall consist of written tests, the
scope of which shall be determined by the Board, taking into consideration the teaching
plan of the schools legally constituted in the Philippines.
Section 9. Ratings in the examination. In order that a candidate may be deemed to
have successfully passed the examinations, he must have obtained a general average
of at least 70 per cent in all subjects, with no rating below 50 per cent in any subject.
Section 10. Report of the results of examination. The examiners shall report the ratings
obtained by each candidate to the Board within 150 days after the last day of the
examination, unless extended by the latter.
Section 11. Issuance of Certificates. Teachers who have passed examinations given by
the Civil Service Commission or jointly by the Civil Service Commission and the
Department of Education and Culture shall be considered as having passed the board
examinations for teachers. The Board may consider their certificates of rating as
certificates of eligibility or issue an entirely new certificate upon registration of the
teacher and payment of the corresponding fees.
This provision shall likewise apply to those teachers who have permanent appointment
under the Magna Carta For Public School Teachers and all others who may be qualified
for registration as professional teachers under this Decree.
Section 12. Registration. The Civil Service Commission shall, as an arm of the Board,
register holders of Professional Teacher Certificate which registration shall evidence that
the registrant is entitled to all the rights and privileges of a Professional Teacher until
and unless the certificate is suspended or canceled by the Board for just cause.
Section 13. Reissuance of revoked certificates and replacement of lost certificates. The
Board may, for reason of equity and justice, and upon proper application therefor, issue
another copy, original or duplicate, upon payment of the required fee, of a certificate
which has been revoked. A new certificate to replace a lost, destroyed or mutilated
certificate may be issued subject to the rules of the Board.
Section 14. Registration by reciprocity. The Civil Service Commission shall, upon
approval of the Board, effect the registration, without examination, of a teacher validly
registered under the laws of any foreign state or country; Provided, That the
requirements for registration in said foreign state or country are substantially the same
as those required and contemplated by this Decree, and the laws of such foreign state
or country allow citizens of the Philippines to practice the profession on the same basis
and grant the same privileges as the citizens or subjects of such foreign state or country;
Provided finally, That the applicant shall submit competent and conclusive documentary
evidence, confirmed by the Department of Foreign Affairs, showing that his country’s
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existing laws permit citizens of the Philippines to practice teaching profession under the
rules and regulations governing citizens thereof.
Section 15. Prohibition. Three years after the effectivity of this Decree, no person shall
engage in teaching and/or act as a teacher as defined in this Decree, whether in the
public or private elementary or secondary school, unless he is holder of a Professional
Teacher Certificate or is considered a Professional Teacher under this Decree.
Section 16. Penal Provision. Any person who shall practice the teaching without a valid
Professional Teacher Certificate, or any person presenting as his or her own the
certificate of another, or any person giving any false or forged evidence in order to
obtain a Professional Teacher Certificate or admission to an examination, or any person
assuming himself as a registered professional teacher or any person violating any
provision of this Decree shall be penalized by a fine of not less than One Thousand
Pesos nor more than Five Thousand Pesos with subsidiary imprisonment or to suffer an
imprisonment of not less than six months nor more than two years, or both such fine and
imprisonment at the discretion of the Court.
Section 17. Repealing Clause. All Acts, Decrees, Executive Orders, Administrative
Orders, rules and regulations or parts thereof inconsistent with the provisions of this
Decree are hereby repealed or modified accordingly.
Section 18. Separability Clause. In case any provision of this Decree or any portion
thereof is declared unconstitutional by a competent court, other provisions shall not be
affected thereby.
Section 19. Effectivity. This Decree shall take effect January 1, 1977.
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BABES D. DICO BSED-FILIPINO2

PCE-THE2
TOPIC: BASIC LAWS ON THE PROFESSIONALIZATION OF TEACHING
(PRESEDENTIAL DECREE 1006)
1. Is teaching your first choice as a career? Why?
Teaching is in a unique position to have a direct impact on students. If I

were to be asked, it doesn’t matter if you’re chosen career now is your first,
second, third or even last because what really matters is passion. Passion will
bring you to where you are suited and will give you contentment in life with
happiness. No matter how intelligent and skillful you are if you are not devoted
and committed then you’re not into that field.
2. What do you profess when you become a teacher?

 Educate every learner
 Inspire every learner and will serve as a role model
 Ambitious teacher that want to affect change
 What are expected of a teacher as a professional?

 Ability to develop relationship with students
 Patient, Caring with Kind Personality
 Dedication and devotion on career
 Engage students in learning
 Promote positive values and maintain professional standards

PROFESSION
A paid occupation with formal qualification and a vocation that requires advanced
education, training and skills. Its objective is to give council and services.
PROFESIONAL
Referred to a person who is member of a profession confirming to standards of skills,
competitive or character normally expected for a qualified work environment.
PROFESIONALISM
In a word, it’s an attitude. The way individual conducts oneself in a certain situation. The
way we speak, dress or sets standards and complying with them. Also, it is a person’s
quality and ability for having fair play.
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REPUBLIC ACT NO. 7836
REPUBLIC ACT NO. 7836 AN ACT TO STRENGTHEN THE REGULATION AND

SUPERVISION OF THE PRACTICE OF TEACHING IN THE PHILIPPINES AND
PRESCRIBING A LICENSURE EXAMINATION FOR TEACHERS AND FOR OTHER
PURPOSES.
SECTION 1. Short Title. — This Act shall be known as the "Philippine Teachers

Professionalization Act of 1994."
Sec. 2. Statement of Policy. — The State recognizes the vital role of teachers in
nation-building and development through a responsible and literate citizenry. Towards
this end, the State shall ensure and promote quality education by proper supervision
and regulation of the licensure examination and professionalization of the practice of the
teaching profession.
Sec. 3. Objectives. — This Act has the herein objectives:

(a) The promotion, development and professionalization of teachers and the teaching
profession; and
(b) The supervision and regulation of the licensure examination.
Sec. 4. Definition of Terms. — For purposes of this Act, the following terms shall
mean:
(a) "Teaching" — refers to the profession concerned primarily with classroom

instruction, at the elementary and secondary levels in accordance with the curriculum
prescribed by the Department of Education, Culture and Sports, whether on part-time or
full-time basis in the private or public schools.
(b) "Teachers" — refers to all persons engaged in teaching at the elementary and
secondary levels, whether on full-time or part-time basis, including industrial arts or
vocational teachers and all other persons performing supervisory and/or administrative
functions in all schools in the aforesaid levels and qualified to practice teaching under
this Act.
(c) "Board" — refers to the Board for Professional Teachers duly established and
constituted under this Act.
(d) "Commission" — refers to the Professional Regulation Commission.
ARTICLE II BOARD FOR PROFESSIONAL TEACHERS
Sec. 5. Creation and Composition of the Board. — There is hereby created under this
Act a Board for Professional Teachers, hereinafter called the Board, a collegial body
under the general supervision and administrative control of the Professional Regulation
Commission, hereinafter referred to as the Commission, composed of five (5) members
who shall be appointed by the President of the Philippines from among the
recommendees chosen by the Commission.The recommendees shall be chosen from
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the list of nominees selected by the accredited association of teachers, who duly
possess all the qualifications prescribed in Section 8 of this Act.
The chairman and the voice-chairman of the Board shall be appointed from these five
(5) members by the President: Provided, That the members of the first Board appointed
under this Act shall be automatically registered as professional teachers and issued with
the certificate of registration and professional license upon payment of the fees for
examination, registration, and other fees prescribed by the Commission.
Sec. 6. Duties and Function of the Board. — The Board shall have the following
duties and functions:
(a) Promulgate, administer and enforce rules and regulations necessary for carrying out
the provisions of this Act in accordance with the charter of the Professional Regulation
Commission;
(b) Determine and fix the frequency, dates, and places of examination, appoint
supervisors, proctors, and other personnel as needed who shall be entitled to a daily
allowance to be fixed by the Board for every examination day actually attended, use
buildings and facilities of public or private schools for examination purposes;
(c) Issue, suspend, or revoke the certificate of registration for the practice of the
teaching profession;
(d) Prescribe and collect examination and other fees as it may deem proper;
(e) Prescribe and/or adopt a code of ethical and professional standards for the
practice of the teaching profession. Such ethical standards, rules and regulations to take
effect sixty (60) days after its publication in the Official Gazette or in any newspaper of
general circulation;
(f) Administer oaths in connection with the administration of this Act;
(g) Supervise and regulate the registration, licensure and practice of professional
teachers in the Philippines;
(h) Adopt an official seal of the Board; cralaw
(i) Look into the conditions affecting the practice of the teaching profession and
whenever necessary, adopt such measures as may be deemed proper for the
enhancement and maintenance of high professional and ethical standards of the
profession;
(j) Ensure that all educational institutions offering elementary and secondary
education comply with the essential requirements for curricula, faculty and facilities for
the elementary and secondary levels;
(k) Investigate such violations of this Act, the rules and the code of ethical and
professional standards for professional teachers as it may come to the knowledge of the
Board, and for this purpose, to issue subpoena and subpoena duces tecum to secure
the appearance of witnesses and the production of documents in connection therewith;
and
(l) Discharge such other powers, duties and functions as the Board may deem
necessary for the practice of the teaching profession and the upgrading, enhancement,
development and growth of education in the Philippines.
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Sec. 7. Term of Office. — The members of the Board shall hold office for a term of
three (3) years from the date they assume office: Provided, That the first appointees to
the Board under this Act shall hold office according to the following terms: one (1)
member shall serve for one (1) year; one (1) member for two (2) years; the chairman,
vice-chairman, and one (1) member for three (3) years. Vacancies shall be served for
the unexpired term only. No person who has served for two (2) consecutive terms shall
be eligible for reappointment. Appointment to fill an unexpired term shall be considered
an appointment to a complete term.
The chairman or any member shall take his oath of office prior to the performance of his
duties.
Sec. 8. Qualification of Board Members. — Each Board member must at the time of
his appointment:
(a) Be a citizen and resident of the Philippines;
(b) Be at least thirty-five (35) years of age, of proven integrity, and possessed of high
moral values in his personal as well as professional conduct and has not been convicted
of any offense involving moral turpitude;
(c) Be a holder of the degree of Bachelor of Arts or Bachelor of Science in Education
and preferably a holder of a master's or doctorate degree in education, or their
equivalents, from a university, school, college, academy or institute duly constituted,
recognized and/or accredited by the Philippine government;
(d) Be a professional teacher with a valid certificate of registration and valid
professional license, save those members who shall compose the first Board for
Professional Teachers;
(e) Has been a professional teacher in the active practice of the teaching profession
for at least ten (10) years in the elementary and secondary level; and
(f) Not be an official or member of the faculty of, nor have pecuniary interest in any
university, college, school, or institution conferring a bachelor's degree in education or
its equivalents for at least three (3) years prior to his appointment, and neither
connected with a review center or with any group or association where review classes or
lectures in preparation for the licensure examination are offered or conducted.
Provided, however, That, the membership to the Board shall be evenly distributed to
cover all levels of education, including equitable representation of the different fields of
specialization.

Sec. 9. Compensation of the Board. — The chairman, vice-chairman, and members of
the Board shall receive compensation comparable to the compensation received by
existing regulatory boards under the Professional Regulation Commission, computed on
the basis of the number of examinees/candidates.
Sec. 10. Supervision of the Board and Custodian of its Records. — The Board shall
be under the supervision and control of the Commission. All records, including
applications for examination, examination papers and results, minutes of deliberation,
administrative cases and investigative cases and investigations involving professional
teachers shall be kept by the Commission.
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Sec. 11. Secretariat and Support Services. — The Professional Regulation

Commission, through its chairman, shall provide the secretariat and other support
services to implement effectively the provisions of this Act. cralaw
Sec. 12. Removal of a Board Member. — The chairman or any member of the Board
may be removed by the President of the Philippines upon recommendation of the
Commission for neglect of duty, incompetence, unprofessional, unethical, immoral or
dishonorable conduct, commission or toleration of irregularities in the examination, after
having been given the opportunity to defend himself in a proper administrative
investigation.
In the course of investigation, the President may preventively suspend the respondent.
ARTICLE III EXAMINATION AND REGISTRATION
Sec. 13. Examination, Registration and License Required. — Except as otherwise

specifically allowed under the provisions of this Act, all applicants for registration as
professional teachers shall be required to undergo a written examination which shall be
given at least once a year in such places and dates as the Board may determine upon
approval by the Commission. A valid certificate of registration and a valid professional
license from the Commission are required before any person is allowed to practice as a
professional teacher in the Philippines, except as otherwise allowed under this Act.
Sec. 14. Scope of Examination. — The examinations for the elementary and

secondary school teachers shall be separate. The examination for teachers in the
elementary level shall consist of two (2) parts, namely: professional education and
general education. The examination for teachers in the secondary level shall consist of
three (3) parts, namely: professional education, general education, and field of
specialization.
Sec. 15. Qualification Requirements of Applicants. — No applicant shall be admitted

to take the examination unless, on the date of filing of the application, he shall have
complied with the following requirements:
(a) A citizen of the Philippines or an alien whose country has reciprocity with the
Philippines in the practice of the teaching profession;
(b) At least eighteen (18) years of age;
(c) In good health and of good reputation with high moral values;
(d) Has not been convicted by final judgment by a court for an offense involving moral
turpitude;
(e) A graduate of a school, college or university recognized by the government and
possesses the minimum educational qualifications, as follows:
(1) For teachers in preschool, a bachelor's degree in early childhood education
(BECED) or its equivalent;
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(2) For teachers in the elementary grades, a bachelor's degree in elementary
education (BSEED) or its equivalent;
(3) For teachers in the secondary grades, a bachelor's degree in education or its
equivalent with a major and minor, or a bachelor's degree in arts and sciences with at
least ten (10) units in professional education; and
(4) For teachers of vocational and two-year technical courses, a bachelor's degree
in the field of specialization or its equivalent, with at least eighteen (18) units in
professional education.
Sec. 16. Report of the Results of the Examination. — The Board shall, within one
hundred twenty (120) days after the examination, report the ratings obtained by each
candidate to the Professional Regulation Commission for approval and appropriate
action.

Sec. 17. Issuance of Certificate of Registration and Professional License. — The
registration of a professional teacher commences from the date his name is enrolled in
the roster of professional teachers.
Every registrant who has satisfactorily met all the requirements specified in this Act
shall, upon payment of the registration fee, be issued a certificate of registration as a
professional teacher bearing the full name of the registrant with serial number and date
of issuance signed by the chairman of the Commission and the chairman, vice-
chairman, and members of the Board, stamped with the official seal, as evidence that
the person named therein is entitled to practice the profession with all the rights and
privileges appurtenant thereto. The certificate shall remain in full force and effect until
withdrawn, suspended and/or revoked in accordance with law.cralaw
A professional license signed by the chairman of the Commission and bearing the
registration number and date of issuance thereof and the month of expiry or renewability
shall likewise be issued to every registrant who has paid the annual registration fees for
three (3) consecutive years. This license shall serve as evidence that the licensee can
lawfully practice his profession until the expiration of its validity.
Sec. 18. Oath Before Practice. — Every registrant shall be required to take his
professional oath before practicing as a professional teacher.
Sec. 19. Periodic Merit Examination of Teachers. — To encourage continuing

professional growth and development and to provide additional basis for merit
promotion, in addition to their performance rating, teachers may take an oral and written
examination at least once in five (5) years as basis for merit promotion. In taking this
examination, no fee shall be required.
Sec. 20. Failure to Pass the Merit Examination. — If a teacher fails to pass the merit
examination, he or she shall be allowed to take the examination for a second time.
Should he or she fail to pass the merit examination for the second time, then he or she
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shall be required to take a DECS accredited refresher course or program before being
allowed to retake the examination.
Failure of any permanent teacher to pass the merit examination shall not, however, be
used as a ground for his/her dismissal or demotion.
Sec. 21. Incentives. — Teachers who pass the merit examination shall:
(a) Be awarded a diploma of merit by the Board;

(b) Earn merit points for purposes of promotion in salary or to a higher position or
grade level;
(c) Be placed in the priority list for government scholarship; and
(d) Enjoy such other benefits as may be promulgated by the Board.
Similar incentives shall be given to teachers who make inventions, develop new
methods of teaching, write a book or books and create works of artistic merit.

Sec. 22. Integration of the Teaching Profession. — The teaching profession shall be
integrated into one national organization which shall be recognized by the Board and the
Commission as the one and only integrated and accredited association of professional
teachers. Upon registration with the Board, every professional teacher shall be
encouraged to become a member of the integrated national organization. Those who
have been registered with the Board but are not members of the said integrated
organization shall be allowed to register as members of the said integrated organization
within three (3) years after the effectivity of this Act. Membership in the integrated
organization shall not be a bar to membership in other associations of the teaching
profession. The professional teachers shall receive the benefits and privileges
appurtenant to their membership in the said integrated and accredited organization of
professional teachers only upon payment of the required membership fees and dues.
Sec. 23. Revocation of the Certificate of Registration, Suspension from the

Practice of the Teaching Profession, and Cancellation of Temporary or Special
Permit. — The Board shall have the power, after due notice and hearing, to suspend or
revoke the certificate of registration of any registrant, to reprimand or to cancel the
temporary/special permit of a holder thereof who is exempt from registration, for any of
the following causes:
(a) Conviction for any criminal offense by a court of competent jurisdiction;
(b) Immoral, unprofessional or dishonorable conduct;
(c) Declaration by a court of competent jurisdiction for being mentally unsound or
insane;
(d) Malpractice, gross incompetence, gross negligence or serious ignorance of the
practice of the teaching profession;
(e) The use of or perpetration of any fraud or deceit in obtaining a certificate of
registration, professional license or special/temporary permit;
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(f) Chronic inebriety or habitual use of drugs;cralaw

(g) Violation of any of the provisions of this Act, the rules and regulations and other
policies of the Board and the Commission, and the code of ethical and professional
standards for professional teachers; and
(h) Unjustified or willful failure to attend seminars, workshops, conferences and the
like or the continuing education program prescribed by the Board and the Commission.
The decision of the Board to revoke or suspend a certificate may be appealed to the
regional trial court of the place where the Board holds office within fifteen (15) days from
receipt of the said decision or of the denial of the motion for reconsideration filed in due
time.

Sec. 24. Registration by Reciprocity. — No teacher of a foreign nationality shall be
admitted to the examination, or be given a certificate of registration or be entitled to any
of the rights and privileges provided under this Act; unless the country or state of which
he is a subject permits Filipino professional teachers to practice within its territorial limits
on the same basis as subjects or citizens of said country or state: Provided, that the
requirements of certification of teachers with said foreign state or country are
substantially the same as those required and contemplated under this Act: Provided,
further, That the laws of such state or country grant the same privilege to Filipino
professional teachers on the same basis as the subject or citizens of such foreign
country or state.
Sec. 25. Roster of Professional Teachers. — A roster of professional teachers

containing the names and addresses of professional teachers, date of registration or
issuance of certificate, and other data which in the opinion of the Board may appear
pertinent shall be maintained. Copies of the roster shall be provided by the Commission
to the Board, the Department of Education, Culture and Sports, and the integrated and
accredited organization of professional teachers.
Sec. 26. Registration and Exception. — Two (2) years after the effectivity of this Act,
no person shall engage in teaching and/or act as a professional teacher as defined in
this Act, whether in the preschool, elementary or secondary level, unless he is a duly
registered professional teacher, and a holder of a valid certificate of registration and a
valid professional license or a holder of a valid special/temporary permit.
Upon approval of the application and payment of the prescribed fees, the certificate of
registration and professional license as a professional teacher shall be issued without
examination as required in this Act to a qualified applicant, who at the time of the
approval of this Act, is:
(a) A holder of a certificate of eligibility as a teacher issued by the Civil Service
Commission and the Department of Education, Culture and Sports; orcralaw
(b) A registered professional teacher with the National Board for Teachers under the
Department of Education, Culture and Sports (DECS) pursuant to Presidential Decree
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No. 1006; or
(c) Not qualified under paragraphs one and two but with any of the following
qualifications. to wit:
(1) An elementary or secondary teacher for five (5) years in good standing and a
holder of Bachelor of Science in Education or its equivalent; or
(2) An elementary or secondary teacher for three (3) years in good standing and a
holder of a master's degree in education or its equivalent.
Provided, That they shall be given two (2) years from the organization of the Board for
professional teachers within which to register and be included in the roster of
professional teachers: Provided, further, That those incumbent teachers who are not
qualified to register without examination under this Act or who, albeit qualified, were
unable to register within the two-year period shall be issued a five-year temporary or
special permit from the time the Board is organized within which to register after passing
the examination and complying with the requirements provided this Act and be included
in the roster of professional teachers: Provided, furthermore, That those who have failed
the licensure examination for professional teachers shall be eligible as para-teachers
and as such, shall be issued by the Board a special or temporary permit, and shall be
assigned by the Department of Education, Culture and Sports (DECS) to schools as it
may determine under the circumstances.
ARTICLE IV PROVISIONS RELATIVE TO THE PRACTICE OF THE TEACHING

PROFESSION
Sec. 27. Inhibition against the Practice of the Teaching Profession. — Except as

otherwise allowed under this Act, no person shall practice or offer to practice the
teaching profession in the Philippines or be appointed as teacher to any position calling
for a teaching position without having previously obtained a valid certificate of
registration and a valid professional license from the Commission.
Sec. 28. Penal Provisions. — The following shall be punishable by a fine of not less
than Five thousand pesos (P5,000.00) nor more than Twenty thousand pesos
(P20,000.00) or imprisonment of nor less than six (6) months nor more than five (5)
years, or both, at the discretion of the court:cralaw
(a) Any person who practices the teaching profession in the Philippines without being
certified in accordance with the provisions of this Act;
(b) Any person who represents or attempts to use as his own certificate of registration
that of another;
(c) Any person who gives any false, or fraudulent evidence of any kind to the Board or
any member thereof in obtaining a certificate of registration as teacher;
(d) Any person who impersonates any registrant of the same or different name;
(e) Any person who uses a revoked or suspended certificate of registration;
(f) Any person who, in connection with his name, otherwise assumes, uses or
14
advertises any title or description tending to convey or conveys the impression that he is
a teacher without holding a valid certificate; and
(g) Any person who violates or who abets the violation of any of the provisions of this
Act.
The penalty of fine or imprisonment or both, as provided in this section, shall also apply
to any school official who shall cause or be responsible for the commission of any of the
above-enumerated acts.

Sec. 29. Appropriations. — Such sums as may be necessary to carry out the
provisions of this Act shall be included in the 1996 General Appropriations Act and
thereafter.
Sec. 30. Implementing Guidelines. — The Board shall formulate and adopt the
necessary guidelines for the effective implementation of the provisions of this Act within
sixty (60) days of its approval.cralaw
The Board shall submit to both Committees on Education, Arts, and Culture; and the
Committees on Civil Service and Professional Regulation of the Senate and House of
Representatives, copies of the implementing rules and guidelines within thirty (30) days
after its promulgation.
Any violation of this section shall render the official/s concerned liable under Republic
Act No. 6713, otherwise known as the "Code of Conduct and Ethical Standards for
Public Officials and Employees" and other pertinent administrative and/or penal laws.
Sec. 31. Transitory Provision. — All incumbent teachers in both the public and private
sector not otherwise certified as professional teachers by virtue of this Act, shall be
given (5) years temporary certificates from the time the Board for Professional Teachers
is organized within which to qualify as required by this Act and be included in the roster
of professionals.
Provided, however, That the Professional Board Examination for Teachers (PBET) shall
still be administered by the Civil Service Commission and the Department of Education,
Culture and Sports for the year 1995.cralaw
Sec. 32. Separability Clause. — If, for any reason, any section or provision of this Act
or the application of such section or provision to any person or circumstance is declared
unconstitutional or invalid, no other section or provision of this Act shall be affected
thereby.
Sec. 33. Repealing Clause. — All laws, presidential decrees, executive orders, rules
and regulations or parts thereof inconsistent with the provisions of this Act are hereby
repealed or modified accordingly.
15
Sec. 34. Effectivity Clause. — This Act shall take effect after fifteen (15) days following
its complete publication in the Official Gazette or in two (2) newspapers of general
circulation.
16
7836
17
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 with
high moral values as well as technical and professional competence in the practice of
their noble profession, and they strictly adhere to, observe, and practice this set of
ethical and moral principles, standards, and values.
Article I: Scope and Limitations

Section 1. The Philippine Constitution provides that all educational institution shall offer
quality education for all competent teachers. Committed to its full realization, the
provision of this Code shall apply, therefore, to all teachers in schools in the Philippines.
Section 2. This Code covers all public and private school teachers in all educational
institutions at the preschool, primary, elementary, and secondary levels whether
academic, vocational, special, technical, or non-formal. The term â€œteacherâ€ shall
include industrial arts or vocational teachers and all other persons performing
supervisory and /or administrative functions in all school at the 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; each teacher
is a trustee of the cultural and educational heritage of the nation and is under obligation
to transmit to learners such heritage as well as to elevate national morality, promote
national pride, cultivate love of country, instill allegiance to the constitution and for all
duly constituted authorities, and promote obedience to the laws of the state.
Section 2. Every teacher or school official shall actively help carry out the declared
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 of his own,
every teacher shall be physically, mentally and morally fit.
Section 4. Every teacher shall possess and actualize a full commitment and devotion to
18
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 valuable material from any person or entity for such
purposes.
Section 6. Every teacher shall vote and shall exercise all other constitutional rights and
responsibility.
Section 7. A teacher shall not use his position or official authority or influence to coerce
any other person to follow any political course of action.
Section 8. Every teacher shall enjoy academic freedom and shall have privilege of
expounding the product of his researches and investigations; provided that, if the results
are inimical to the declared policies of the State, they shall be brought to 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 the youth; he
shall, therefore, render the best service by providing an environment conducive to such
learning and growth.
Section 2. Every teacher shall provide leadership and initiative to actively participate in
community movements for moral, social, educational, economic and civic betterment.
Section 3. Every teacher shall merit reasonable social recognition for which purpose he
shall behave with honor and dignity at all times and refrain from such activities as
gambling, smoking, drunkenness, and other excesses, much less illicit 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 have sympathetic attitude,
therefore, refrain from disparaging the community.
Section 5. Every teacher shall help the school keep the people in the community
informed about the schoolâ€™s work and accomplishments as well as its needs and
problems.
Section 6. Every teacher is intellectual leader in the community, especially in the

barangay, and shall welcome the opportunity to provide such leadership when needed,
to extend counseling services, as appropriate, and to actively be involved in matters
affecting the welfare of the people.
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Section 7. Every teacher shall maintain harmonious and pleasant personal and official
relations with other professionals, with government officials, and with the 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 noblest profession, and
shall manifest genuine enthusiasm and pride in teaching as a noble calling.
Section 2. Every teacher shall uphold the highest possible standards of quality
education, shall make the best preparations for the career of teaching, and shall be at
his best at all times and in the practice of his profession.
Section 3. Every teacher shall participate in the Continuing Professional Education

(CPE) program of the Professional Regulation Commission, and shall pursue such other
studies as will improve his efficiency, enhance the prestige of the profession, and
strengthen his competence, virtues, and productivity in order to be nationally and
internationally competitive.
Section 4. Every teacher shall help, if duly authorized, to seek support from the school,
but shall not make improper misrepresentations through personal advertisements and
other questionable means.
Section 5. Every teacher shall use the teaching profession in a manner that makes it
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 professional loyalty,
mutual confidence, and faith in one another, self-sacrifice for the common good, and full
cooperation with colleagues. When the best interest of the learners, the school, or the
profession is at stake in any controversy, teachers shall support one another.
Section 2. A teacher is not entitled to claim credit or work not of his own, and shall give
due credit for the work of others which he may use.
Section 3. Before leaving his position, a teacher shall organize for whoever assumes the
position such records and other data as are necessary to carry on the work.
20
Section 4. A teacher shall hold inviolate all confidential information concerning

associates and the school, and shall not divulge to anyone documents which has not
been officially released, or remove records from files without permission.
Section 5. It shall be the responsibility of every teacher to seek correctives for what may
appear to be an unprofessional and unethical conduct of any associate. However, this
may be done only if there is incontrovertible evidence for such conduct.
Section 6. A teacher may submit to the proper authorities any justifiable criticism against
an associate, preferably in writing, without violating the right of 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 and competence;
provided, further, that all qualified candidates are given the opportunity 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 to understand
and support the legitimate policies of the school and the administration regardless of
personal feeling or private opinion and shall faithfully carry them out.
Section 2. A teacher shall not make any false accusations or charges against superiors,
especially under anonymity. However, if there are valid charges, he should 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

21
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 learnerâ€™s work only in merit and
22
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 learnerâ€™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 parentâ€™s cooperation for the proper
guidance and improvement of the learners.
Section 3. A teacher shall hear parentâ€™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
23
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.
24
AN ACT AMENDING CERTAIN SECS OF REPUBLIC ACT NUMBERED SEVENTY-

EIGHT HUNDRED AND THIRTY-SIX (R.A. NO. 7836), OTHERWISE KNOWN AS THE
“PHILIPPINE TEACHERS PROFESSIONALIZATION ACT OF 1994”
Be it enacted by the Senate and House of Representatives of the Philippines in

Congress assembled:
SECTION 1. Section 15, (e) (3) of Republic Act No. 7836 is hereby amended as follows:
“SEC. 15. Qualification Requirements of Applicants. – No applicant shall be admitted to
take the examination unless, on the date of filing of the application, he shall have
complied with the following requirements:
“(e) A graduate of a school, college or university recognized by the government and
possesses the minimum educational qualifications, as follows:
(1) For teachers in preschool, a bachelor’s degree in early childhood education
(BECED) or its equivalent;
(2) For teachers in the elementary grades, a bachelor’s degree in elementary education
(BSEED) or its equivalent;
(3) For teachers in the secondary grades, a bachelor’s degree in education or its
equivalent with a major and minor, or a bachelor degree in arts and sciences with at
least eighteen (18) units in professional education; and
(4) For teachers of vocational and two-year technical courses, a bachelor’s degree in the
field of specialization or its equivalent, with at least eighteen (18) units in professional
education.”
SEC 2. Section 26 of the same Act is hereby amended to read as follows:
“SEC. 26. Registration and Exception. – No person shall engage in teaching and/or act
as a professional teacher as defined in this Act, whether in the preschool, elementary or
secondary level, unless the person is a duly registered professional teacher, and a
holder of a valid certificate of registration and a valid professional license or a holder of a
valid special/temporary permit.
Upon approval of the application and payment of the prescribed fees, the certificate of
registration and professional license as a professional teacher shall be issued without
examination as required in this Act to a qualified applicant, who is:
(a) A holder of a certificate of eligibility as a teacher issued by the Civil Service
Commission and the Department of Education, Culture and Sports; or
25
(b) A registered professional teacher with the National Board for Teachers under the
Department of Education, Culture and Sports (DECS) pursuant to Presidential Decree
No. 1006.
Professional teachers who have not practiced their profession for the past five (5) years
shall take at least twelve (12) units of education courses, consisting of at least six (6)
units of pedagogy and six (6) units of content courses, or the equivalent training and
number of hours, to be chosen from a list of courses to be provided by the Board and
the Department of Education, before they can be allowed to practice their profession in
the country.
Those who have failed the licensure examination for professional teachers, with a rating
of not lower than five percentage points from the passing general average rating, shall
be eligible as para-teachers upon issuance by the Board of a two-year special permit,
renewable for a non-extendible period of two (2) years. The para-teachers shall be
assigned to areas where there is a shortage or absence of a professional teacher, as
identified and provided by the Department of Education and the Autonomous Region for
Muslim Mindanao (ARMM) education department to the Board for professional teachers
and to the Commission. The special permit shall indicate the area of assignment of the
para-teacher.
SEC 3. Section 31 of the same Act is hereby amended to read as follows:
“SEC. 31. Transitory Provision. – Special permits, with a validity of three (3) and five (5)
years, issued to para-teachers by the Board for Professional Teachers before the
effectivity of this Act shall be allowed to expire based on the period granted therein:
Provided, That only special permits with a validity of three (3) years may be renewed
upon expiration for a non-extendible period of two (2) years.”
SEC 4. References to the term “Department of Education, Culture and Sports”, in
section 4 (a) and section 25, and the term “DECS” in section 20, of the same Act, are
hereby amended to read as “Department of Education” and “DepEd”, respectively.
SEC 5. Separability Clause. – If, for any reason, any section or provision of this Act or
the application of such section or provision to any person or circumstance is declared
unconstitutional or invalid, no other section or provision of this Act shall be affected
thereby.
SEC 6. Repealing Clause. – All laws, decrees, circulars, administrative orders, rules and
regulations, and other issuances which are inconsistent with the provisions of this Act
are hereby repealed or modified accordingly.
SEC 7. Effectivity. – This Act shall take effect upon approval.
26
Republic Act No. 9293
*An Act Amending certain sections of Republic Act No. 7836 otherwise known as
the “Philippine Teachers Professionalization Act of 1994”
1. What amendments of R.A. 7836 were made by R.A 9293 on the following:
 Number of units in professional education of non-education graduate
 Registration of those who engaged in teaching without examination
 Effectivity of special permits for para-teachers and period of extension
 It is stated on the law that no applicant shall undergo examination that is given by
the board unless they complied the requirements needed, especially on the units
you take on professional education subjects. And also no person should engage
in teaching without passing or taken the examination. And then there are also
special permits given by the board with a specific expiration.
2. Other than para-teachers who else are entitled to a special permit?
 According to the section 2 of the law special permits may also issue by the board
to a person who has excelled and gained international recognition and is widely
acknowledge experts in his/ her respective field of specialization.
3. What is required of teachers covered by Sec. 26 of R.A. 9293 who have not
practiced their profession for the past five years?
 Professional teachers who have not practiced their profession for the past five
years shall take at least 12 units of education courses, consisting of at least 6
pedagogies and 6 current courses or the equivalent training and number of hours.
4. Who can issued a license without examination?
 It is upon the issuance of the board, for those who didn’t pass/take the
examination ca teach if we have lack of teachers that can teach especially on the
far flung area. And they will be called para-teachers. But only DepEd and other
educational commission has this kind of authority to appoint teachers.
27
THE 1987 CONSTITUTION OF THE REPUBLIC OF THE PHILIPPINES

ARTICLE XIV
EDUCATION, SCIENCE AND TECHNOLOGY, ARTS, CULTURE AND SPORTS
EDUCATION
Section 1. The State shall protect and promote the right of all citizens to quality
education at all levels, and shall take appropriate steps to make such education
accessible to all.
Section 2. The State shall:
(1) Establish, maintain, and support a complete, adequate, and integrated system of
education relevant to the needs of the people and society;
(2) Establish and maintain a system of free public education in the elementary and high
school levels. Without limiting the natural right of parents to rear their children,
elementary education is compulsory for all children of school age;
(3) Establish and maintain a system of scholarship grants, student loan programs,
subsidies, and other incentives which shall be available to deserving students in both
public and private schools, especially to the underprivileged;
(4) Encourage non-formal, informal, and indigenous learning systems, as well as self-
learning, independent, and out-of-school study programs particularly those that respond
to community needs; and
(5) Provide adult citizens, the disabled, and out-of-school youth with training in civics,
vocational efficiency, and other skills.
Section 3. (1) All educational institutions shall include the study of the Constitution as
part of the curricula.
(2) They shall inculcate patriotism and nationalism, foster love of humanity, respect for
human rights, appreciation of the role of national heroes in the historical development of
the country, teach the rights and duties of citizenship, strengthen ethical and spiritual
values, develop moral character and personal discipline, encourage critical and creative
thinking, broaden scientific and technological knowledge, and promote vocational
efficiency.
(3) At the option expressed in writing by the parents or guardians, religion shall be
allowed to be taught to their children or wards in public elementary and high schools
within the regular class hours by instructors designated or approved by the religious
authorities of the religion to which the children or wards belong, without additional cost
to the Government.
28
Section 4. (1) The State recognizes the complementary roles of public and private
institutions in the educational system and shall exercise reasonable supervision and
regulation of all educational institutions.
(2) Educational institutions, other than those established by religious groups and mission
boards, shall be owned solely by citizens of the Philippines or corporations or
associations at least sixty per centum of the capital of which is owned by such citizens.
The Congress may, however, require increased Filipino equity participation in all
educational institutions.
The control and administration of educational institutions shall be vested in citizens of

the Philippines.
No educational institution shall be established exclusively for aliens and no group of

aliens shall comprise more than one-third of the enrollment in any school. The
provisions of this subsection shall not apply to schools established for foreign diplomatic
personnel and their dependents and, unless otherwise provided by law, for other foreign
temporary residents.
(3) All revenues and assets of non-stock, non-profit educational institutions used
actually, directly, and exclusively for educational purposes shall be exempt from taxes
and duties. Upon the dissolution or cessation of the corporate existence of such
institutions, their assets shall be disposed of in the manner provided by law.
Proprietary educational institutions, including those cooperatively owned, may likewise

be entitled to such exemptions, and subject to the limitations provided by law, including
restrictions on dividends and provisions for reinvestment.
(4) Subject to conditions prescribed by law, all grants, endowments, donations, or

contributions used actually, directly, and exclusively for educational purposes shall be
exempt from tax.
Section 5. (1) the State shall take into account regional and sectorial needs and
conditions and shall encourage local planning in the development of educational policies
and programs.
(2) Academic freedom shall be enjoyed in all institutions of higher learning.
(3) Every citizen has a right to select a profession or course of study, subject to fair,
reasonable, and equitable admission and academic requirements.
(4) The State shall enhance the right of teachers to professional advancement. Non-
teaching academic and non-academic personnel shall enjoy the protection of the State.
29
(5) The State shall assign the highest budgetary priority to education and ensure that
teaching will attract and retain its rightful share of the best available talents through
adequate remuneration and other means of job satisfaction and fulfillment.
LANGUAGE
Section 6. The national language of the Philippines is Filipino. As it evolves, it shall be

further developed and enriched on the basis of existing Philippine and other languages.
Subject to provisions of law and as the Congress may deem appropriate, the
Government shall take steps to initiate and sustain the use of Filipino as a medium of
official communication and as language of instruction in the educational system.
Section 7. For purposes of communication and instruction, the official languages of the
Philippines are Filipino and, until otherwise provided by law, English.
The regional languages are the auxiliary official languages in the regions and shall serve
as auxiliary media of instruction therein.
Spanish and Arabic shall be promoted on a voluntary and optional basis.
Section 8. This Constitution shall be promulgated in Filipino and English and shall be
translated into major regional languages, Arabic, and Spanish.
Section 9. The Congress shall establish a national language commission composed of

representatives of various regions and disciplines which shall undertake, coordinate,
and promote researches for the development, propagation, and preservation of Filipino
and other languages.
SCIENCE AND TECHNOLOGY
Section 10. Science and technology are essential for national development and
progress. The State shall give priority to research and development, invention,
innovation, and their utilization; and to science and technology education, training, and
services. It shall support indigenous, appropriate, and self-reliant scientific and
technological capabilities, and their application to the country’s productive systems and
national life.
Section 11. The Congress may provide for incentives, including tax deductions, to
encourage private participation in programs of basic and applied scientific research.
Scholarships, grants-in-aid, or other forms of incentives shall be provided to deserving
science students, researchers, scientists, inventors, technologists, and specially gifted
citizens.
Section 12. The State shall regulate the transfer and promote the adaptation of
technology from all sources for the national benefit. It shall encourage the widest
30
participation of private groups, local governments, and community-based organizations

in the generation and utilization of science and technology.
Section 13. The State shall protect and secure the exclusive rights of scientists,
inventors, artists, and other gifted citizens to their intellectual property and creations,
particularly when beneficial to the people, for such period as may be provided by law.
ARTS AND CULTURE
Section 14. The State shall foster the preservation, enrichment, and dynamic evolution
of a Filipino national culture based on the principle of unity in diversity in a climate of
free artistic and intellectual expression.
Section 15. Arts and letters shall enjoy the patronage of the State. The State shall
conserve, promote, and popularize the nation’s historical and cultural heritage and
resources, as well as artistic creations.
Section 16. All the country’s artistic and historic wealth constitutes the cultural treasure
of the nation and shall be under the protection of the State which may regulate its
disposition.
Section 17. The State shall recognize, respect, and protect the rights of indigenous
cultural communities to preserve and develop their cultures, traditions, and institutions. It
shall consider these rights in the formulation of national plans and policies.
Section 18. (1) The State shall ensure equal access to cultural opportunities through the
educational system, public or private cultural entities, scholarships, grants and other
incentives, and community cultural centers, and other public venues.
SPORTS
Section 19. (1) The State shall promote physical education and encourage sports
programs, league competitions, and amateur sports, including training for international
competitions, to foster self-discipline, teamwork, and excellence for the development of
a healthy and alert citizenry.
(2) All educational institutions shall undertake regular sports activities throughout the
country in cooperation with athletic clubs and other sectors.
31
32
Reporters: Acharon, Franzel Joy D. and Acharon, Vince Spencer D.
Questions:
1. Read carefully the provisions in section 3(2) of article XIV on education. Explain
the mandate that the state shall “establish, maintain, and support a complete,
adequate and integrated system of education.”
 According to section 3(2) They shall inculcate patriotism and nationalism, foster
love of humanity, respect for human rights, appreciation of the role of national
heroes in the historical development of the country, teach the rights and duties of
citizenship, strengthen ethical and spiritual values, develop moral character and
personal discipline, encourage critical and creative thinking, broaden scientific
and technological knowledge, and promote vocational efficiency. It only means
that the state shall provide quality education and quality teachers to attain this
goal.
2. Based on your observation as a would-be teacher, what are the educational

institutions doing to prepare teachers who will help attain the goals stated in
section 3?
 According to section 3(1) all educational institutions shall include the study of the
Constitution as part of the curricula. (2) They shall inculcate patriotism and
nationalism, foster love of humanity, respect for human rights, appreciation of the
role of national heroes in the historical development of the country, teach the
rights and duties of citizenship, strengthen ethical and spiritual values, develop
moral character and personal discipline, encourage critical and creative thinking,
broaden scientific and technological knowledge, and promote vocational
efficiency. (3) At the option expressed in writing by the parents or guardians,
religion shall be allowed to be taught to their children or wards in public
elementary and high schools within the regular class hours by instructors
designated or approved by the religious authorities of the religion to which the
children or wards belong, without additional cost to the Government. Given that
we are all a would-be teachers, we are now taking up this course to be
33
knowledgeable enough for us to gain competence. As of now, the institution

provide us subjects that would teach us about the learning that students must
acquire. For example, we are now taking PC-THE 2 which helps us learn about
the laws in education.
3. Read and comment on section 5(4) and (5).
 According to section 5(4) The State shall enhance the right of teachers to
professional advancement. Non-teaching academic and non-academic personnel
shall enjoy the protection of the State. (5) The State shall assign the highest
budgetary priority to education and ensure that teaching will attract and retain its
rightful share of the best available talents through adequate remuneration and
other means of job satisfaction and fulfilment.
 As for the section 5(4) there are seminars that the teachers are allowed to attend
so that it would help them grow as a professional teacher. On the other hand, in
section 5(5), for me the state doesn’t give higher budget for education. As I’ve
observed, most of public schools lack teaching resources and building.
4. Is the use of mother tongue as a medium of instruction from K to Grade 3 in the k

to 12 curriculums in accordance with section 7?
 Yes. Because according to section 7, the regional languages are the auxiliary
official languages in the regions and shall serve as auxiliary media of instruction
therein.
5. What educational practices and programs aligned to section 10, section 14,
section 17, section 18, and section 19?
 Section 10. Science and technology are essential for national development and
progress. The State shall give priority to research and development, invention,
innovation, and their utilization; and to science and technology education,
training, and services. It shall support indigenous, appropriate, and self-reliant
scientific and technological capabilities, and their application to the country's
productive systems and national life. Some educational practices and programs
that are aligned to this section is that, some institutions provide a forum in which
34
they would gather some research ideas from different researchers to conduct.
Also, we are having our subjects related to research for us to make our own ideas
and create something new.
 Section 14. The State shall foster the preservation, enrichment, and dynamic
evolution of a Filipino national culture based on the principle of unity in diversity in
a climate of free artistic and intellectual expression. In this section, the
educational practices that is happening is providing subjects such as MAPEH to
teach students about the different cultures of Filipinos
 Section 17. The State shall recognize, respect, and protect the rights of
indigenous cultural communities to preserve and develop their cultures, traditions,
and institutions. It shall consider these rights in the formulation of national plans
and policies. In educational practices, the government gives scholarship to
people who belong to this community.
 Section 18. (1) The State shall ensure equal access to cultural opportunities
through the educational system, public or private cultural entities, scholarships,
grants and other incentives, and community cultural centers, and other public
venues.
 Section 19. (1) The State shall promote physical education and encourage sports
programs, league competitions, and amateur sports, including training for
international competitions, to foster self-discipline, teamwork, and excellence for
the development of a healthy and alert citizenry. (2) All educational institutions
shall undertake regular sports activities throughout the country in cooperation
with athletic clubs and other sectors. The educational institutions has a subject
that include sports like P.E. They also have intramural days which students can
showcase their talents and skills. There are also inter-school competitions like
PRISAA, PSBEA, SRAA, etc.
35
THE MAGNA CARTA FOR PUBLIC SCHOOL TEACHERS

REPUBLIC ACT 4670
AN ACT PROVIDING FOR ADDITIONAL BENEFITS AND PRIVILEGES TO PUBLIC

SCHOOL TEACHERS AMENDING FOR THE PURPOSE REPUBLIC ACT NO. 4670,
OTHERWISE KNOWN AS "THE MAGNA CARTA FOR PUBLIC SCHOOL
TEACHERS", AND FOR OTHER PURPOSES
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.
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(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
37
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.
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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
39
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
40
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
41
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.
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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.
43
Reporters:
Jethruen E. Docallos, Alondra A. Cruz & Eric Troy Dialane
Topic: R.A No. 4670 (Magna Carta for Public School Teachers)
Questions:
1. Who are referred to as “teacher” in R.A 4670? Who are not included although they
are school personnel/ employees?
The word teacher referred in R.A 4670 is the 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. Thus, the person who are not included are
those in the professorial staff of state colleges and universities such as the school
nurses, school physicians, school dentists, and other school employees.
2. Discuss the safeguards in the disciplinary procedures in resolving cases of teachers.

Every teacher has its rights to enjoy equitable safeguards at each stage of any
disciplinary procedure and shall have the right to be informed, in writing, of the charges.
Thus, the right to full access to the evidence in the case by any means necessary.
Moreover, the teacher should have the right to defend himself and to be defended by a
representative of his choice and/or by his organization. And the right to appeal to clearly
designated authorities.
3. Explain the meaning of exigencies of the service” referred to in section 6 of the

Magna Carta as regards transfer of the teacher from station to another.
It means of the demand or in need of service that upon attempt of 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 as
well reasons therefore. Thus, 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: However, there will be no transfers
whatever shall be made three months before any local or national election.
44
4. Are the provisions in Section 22 and 23 teachers’ rights or privileges? Brainstorm with
your group.
For us as it’s stated upon the section 22 and 23 about Medical Examination and
Treatment and Compensation for Injuries is a teachers’ rights. Thus, the teacher should
have the rights that 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. Also, it’s the teachers’ rights to be protected
against the consequences of employment injuries.
5. What can be some reasons behind Section 11 of RA 4670?

For us some reasons about married teachers to be both teaching in public school
teachers and to be employed in the same locality for them to be apart from their love
ones. Thus, it is hard for us to work when we miss our families. For we know that being
together with our family is the best thing we have because there is no place like home.
Also, since teacher is a noble profession he or she will not engage in any live in
relationship or any malicious actions which is against the wilful of his or her profession.
6. Actual classroom teaching a day should not exceed six hours. What can be some
reasons behind this limit on 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, for 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. Thus, upon the exigencies of the service,
any teacher may be required to render more than six hours but not exceeding eight
hours of actual classroom teaching a day
45
BATAS PAMBANSA BLG. 232
AN ACT PROVIDING FOR THE ESTABLISHMENT AND MAINTENANCE OF AN

INTEGRATED SYSTEM OF EDUCATION
I. GENERAL PROVISIONS
CHAPTER 1
Preliminary Matters
Section 1. Title - This Act shall be known as the "Education Act of 1982."
Section 2. Coverage - This Act shall apply to and govern both formal and non-formal
systems in public and private schools in all levels of the entire educational system.
CHAPTER 2
Declaration of Basic State Policy and Objectives
Section 3. Declaration of Basic Policy - It is the policy of the State to established and
maintain a complete, adequate and integrated system of education relevant to the goals
of national development. Toward this end, the government shall ensure, within the
context of a free and democratic system, maximum contribution of the educational
system to the attainment of the following national developmental goals:
1. To achieve and maintain an accelerating rate of economic development and social

progress;
2. To ensure the maximum participation of all the people in the attainment and
enjoyment of the benefits of such growth; and
3. To achieve and strengthen national unity and consciousness and preserve, develop
and promote desirable cultural, moral and spiritual values in a changing world.
The State shall promote the right of every individual to relevant quality education,
regardless of sex, age, creed, socio-economic status, physical and mental conditions,
racial or ethnic origin, political or other affiliation. The State shall therefore promote and
maintain equality of access to education as well as the enjoyment of the benefits of
education by all its citizens.
The state shall promote the right of the nation's cultural communities in the exercise of
their right to develop themselves within the context of their cultures, customs, traditions,
interest and belief, and recognizes education as an instrument for their maximum
participation in national development and in ensuring their involvement in achieving
national unity.
Section 4. Declaration of Objectives - The educational system aim to:
46
1. Provide for a broad general education that will assist each individuals in the peculiar
ecology of his own society, to
(a) attain his potentials as a human being;
(b) enhance the range and quality of individual and group participation in the basic
functions of society; and
(c) acquire the essential educational foundation of his development into a productive
and versatile citizen;
2. Train the nation's manpower in the middle-level skills for national development;
3. Develop the profession that will provide leadership for the nation in the advancement
of knowledge for improving the quality of human life; and
4. Respond effectively to changing needs and conditions of the nation through a system
of educational planning and evaluation.
Towards the realization of these objectives, and pursuant to the Constitution, all
educational institutions shall aim to inculcate love of country, teach the duties of
citizenship, and develop moral character, personal discipline, and scientific,
technological, and vocational efficiency.
Furthermore, the educational system shall reach out to educationally deprived

communities, in order to give meaningful reality to their membership in the national
society, to enrich their civic participation in the community and national life, and to unify
all Filipinos into a free and just nation.
II. THE EDUCATIONAL COMMUNITY
CHAPTER 1
Preliminary Provisions
Section 5. Declaration of Policy and Objectives - It is likewise declared government

policy to foster, at all times, a spirit of shared purposes and cooperation among the
members and elements of the educational community, and between the community and
other sectors of society, in the realization that only in such an atmosphere can be true
goals and objectives of education be fulfilled.
Moreover, the State shall:
1. Aid and support the natural right and duty of parents in the rearing of the youth
through the educational system.
47
2. Promote and safeguard the welfare and interest of the students by defining their rights
and obligations, according them privileges, and encouraging the establishment of sound
relationships between them and the other members of the school community.
3. Promote the social economic status of all school personnel, uphold their rights, define
their obligations, and improve their living and working conditions and career prospects.
4. Extend support to promote the viability of those institutions through which parents,
students and school personnel seek to attain their educational goals.
Section 6. Definition and Coverage - "Educational community" refers to those persons or
groups of persons as such or associated in institutions involved in organized teaching
and learning systems.
The members and elements of the educational community are:
1. "Parents" or guardians or the head of the institution or foster home which has custody
of the pupil or student.
2. "Students," or those enrolled in and who regularly attend and educational institution of
secondary or higher level of a person engaged in formal study. "Pupils," are those who
regularly attend a school of elementary level under the supervision and tutelage of a
teacher.
3 "School personnel," or all persons working for an educational institution, which

includes the following:
a. "Teaching or academic staff," or all persons engaged in actual teaching and/or

research assignments, either on full-time or part-time basis, in all levels of the
educational system.
b. "School administrators," or all persons occupying policy implementing positions

having to do with the functions of the school in all levels.
c. "Academic non-teaching personnel," or those persons holding some academic

qualifications and performing academic functions directly supportive of teaching, such as
registrars, librarians, research assistants, research aides, and similar staff.
d. "Non-academic personnel," or all other school personnel not falling under the
definition and coverage of teaching and academic staff, school administrators and
academic non-teaching personnel.
4. "Schools," or institutions recognized by the State which undertake educational

operations.
Section 7. Community Participation. - Every educational institution shall provide for the
establishment of appropriate bodies through which the members of the educational
48
community may discuss relevant issues, and communicate information and suggestions
for assistance and support of the school and for the promotion of their common interest.
Representatives from each subgroup of the educational community shall sit and
participate in these bodies, the rules and procedures of which must be approved by
them and duly published.
CHAPTER 2
Rights
Section 8. Rights of Parents - In addition to other rights under existing laws, all parents
who have children enrolled in a school have the following rights:
1. The right to organize by themselves and/or with teachers for the purpose of providing
a forum for the discussion of matters relating to the total school program, and for
ensuring the full cooperation of parents and teachers in the formulation and efficient
implementation of such programs.
2. The right to access to any official record directly relating to the children who are under
their parental responsibility.
Section 9. Right of Students in School - In addition to other rights, and subject to the
limitation prescribed by law and regulations, and student and pupils in all schools shall
enjoy the following rights:
1. The right to receive, primarily through competent instruction, relevant quality

education in line with national goals and conducive to their full development as person
with human dignity.
2. The right to freely chose their field of study subject to existing curricula and to
continue their course therein up to graduation, except in cases of academic deficiency,
or violation of disciplinary regulations.
3. The right to school guidance and counseling services for decisions and selecting the
alternatives in fields of work suited to his potentialities.
4. The right of access to his own school records, the confidentiality of which the school
shall maintain and preserve.
5. The right to the issuance of official certificates, diplomas, transcript of records,

grades, transfer credentials and other similar documents within thirty days from request.
6. The right to publish a student newspaper and similar publications, as well as the right
to invite resource persons during assemblies, symposia and other activities of similar
nature.
49
7. The right to free expression of opinions and suggestions, and to effective channels of
communication with appropriate academic channels and administrative bodies of the
school or institution.
8. The right to form, establish, join and participate in organizations and societies
recognized by the school to foster their intellectual, cultural, spiritual and physical growth
and development, or to form, establish, join and maintain organizations and societies for
purposes not contrary to law.
9. The right to be free from involuntary contributions, except those approved by their
own he organizations or societies.
Section 10. Rights of all School Personnel - In addition to other rights provided for by
law, the following rights shall be enjoyed by all school personnel:
1. The right to free expression of opinion and suggestions, and to effective channels of
communication with appropriate academic and administrative bodies of the school or
institution.
2. The right to be provided with free legal service by the appropriate government office
in the case of public school personnel, and through the school authorities concerned in
the case of private school personnel, when charged in an administrative, civil and/or
criminal proceedings by parties other than the school or regulatory authorities concerned
for actions committed directly in the lawful discharge of professional duties and/or in
defense of school policies.
3. The right to establish, join and maintain labor organizations and/or professional and
self-regulating organizations of their choice to promote their welfare and defend their
interests.
4. The right to be free from involuntary contributions except those imposed by their own
organizations.
Section 11. Special Rights and/or Privileges of Teaching or Academic Staff - Further to
the rights mentioned in the preceding Section, every member of the teaching or
academic staff shall enjoy the following rights and/or privileges:
1. The right to be free from compulsory assignments not related to their duties as
defined in their appointments or employment contracts, unless compensated therefor,
conformably to existing law.
2. The right to intellectual property consistent with applicable laws.
3. Teachers shall be deemed persons in authority when in the discharge of lawful duties
and responsibilities, and shall, therefore, be accorded due respect and protection.
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4. Teachers shall be accorded the opportunity to choose alternative career lines either in
school administration, in classroom teaching, or others, for purposes of career
advancement.
Section 12. Special Rights of School Administration - School administrators shall, in

accordance with existing laws, regulations and policies of the Ministry of Education,
Culture and Sports, be accorded sufficient administrative discretion necessary for the
efficient and effective performance of their functions.
School administrators shall be deemed persons in authority while in the discharge of

lawful duties and responsibilities, and shall therefore be accorded due respect and
protection.
Section 13. Rights of Schools - In addition to other rights provided for by law, schools
shall enjoy the following:
1. The right of their governing boards or lawful authorities to provide for the proper
governance of the school and to adopt and enforce administrative or management
systems.
2. The right for institutions of higher learning to determine on academic grounds who
shall be admitted to study, who may teach, and what shall be subjects of the study and
research.
CHAPTER 3
Duties and Obligations
Section 14. Duties of Parents. - In addition to those provided for under existing laws, all
parents shall have the following duties and obligations:
1. Parents, individually or collectively, through the school systems, shall help carry out
the educational objectives in accordance with national goals.
2. Parents shall be obliged to enable their children to obtain elementary education and
shall strive to enable them to obtain secondary and higher education in the pursuance of
the right formation of the youth.
3. Parents shall cooperate with the school in the implementation of the school program
curricular and co-curricular.
Section 15. Duties and Responsibilities of Students - In addition to those provided for
under existing laws, every student shall:
1. Exert his utmost to develop his potentialities for service, particularly by undergoing an
education suited to his abilities, in order that he may become an asset to his family and
to society.
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2. Uphold the academic integrity of the school, endeavor to achieve academic

excellence and abide by the rules and regulations governing his academic
responsibilities and moral integrity.
3. Promote and maintain the peace and tranquility of the school by observing the rules
and discipline, and by exerting efforts to attain harmonious relationships with fellow
students, the teaching and academic staff and other school personnel.
4. Participate actively in civic affairs and in the promotion of the general welfare,
particularly in the social, economic and cultural development of his community and in the
attainment of a just, compassionate and orderly society.
5. Exercise his rights responsibly in the knowledge that he is answerable for any
infringement or violation of the public welfare and of the rights of others.
Section 16. Teacher's Obligations - Every teacher shall:
1. Perform his duties to the school by discharging his responsibilities in accordance with
the philosophy, goals, and objectives of the school.
2. Be accountable for the efficient and effective attainment of specified learning

objectives in pursuance of national development goals within the limits of available
school resources.
3. Render regular reports on performance of each student and to the latter and the
latter's parents and guardians with specific suggestions for improvement.
4. Assume the responsibility to maintain and sustain his professional growth and
advancement and maintain professionalism in his behavior at all times.
5. Refrain from making deductions in students' scholastic rating for acts that are clearly
not manifestations of poor scholarship.
6. Participate as an agent of constructive social, economic, moral, intellectual, cultural

and political change in his school and the community within the context of national
policies.
Section 17. School Administrators' Obligations - Every school administrator shall:
1. Perform his duties to the school by discharging his responsibilities in accordance with
the philosophy, goals and objectives of the school.
2. Be accountable for the efficient and effective administration and management of the
school.
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3. Develop and maintain a healthy school atmosphere conducive to the promotion and
preservation of academic freedom and effective teaching and learning, and to
harmonious and progressive school-personnel relationship.
4. Assume and maintain professional behavior in his work and in dealing with students,
teachers, academic non-teaching personnel, administrative staff, and parents or
guardians.
5. Render adequate reports to teachers, academic non-teaching personnel and non-

academic staff on their actual performance in relation to their expected performance and
counsel them on ways of improving the same.
6. Observe due process, fairness, promptness, privacy, constructiveness and

consistency in disciplining his teachers and other personnel.
7. Maintain adequate records and submit required reports to the Ministry of Education,
Culture and Sports.
Section 18. Obligations of Academic Non-Teaching Personnel - Academic non-teaching

personnel shall:
1. Improve himself professionally be keeping abreast of the latest trends and techniques
in his profession.
2. Assume, promote and maintain an atmosphere conducive to service and learning.
3. Promote and maintain an atmosphere conducive to service and learning.
III. THE EDUCATIONAL SYSTEMS
CHAPTER 1
Formal Education
Section 19. Declaration of Policy. - The State recognizes that formal education, or the
school system, in society's primary learning system, and therefore the main instrument
for the achievement of the country's educational goals and objectives.
Section 20. Definition - "Formal Educational" refers to the hierarchically structured and
chronologically graded learning organized and provided by the formal school system
and for which certification is required in order for the learner to progress through the
grades or move to higher levels. Formal education shall correspond to the following
levels:
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1. Elementary Education. - the first stage of compulsory, formal education primarily

concerned with providing basic education and usually corresponding to six or seven
grades, including pre-school programs.
2. Secondary Education. - the state of formal education following the elementary level
concerned primarily with continuing basic education and expanding it to include the
learning of employable gainful skills, usually corresponding to four years of high school.
3. Tertiary Education. - post secondary schooling is higher education leading to a

degree in a specific profession or discipline.
Section 21. Objectives of Elementary Education - The objectives of elementary

education are:
1. To provide the knowledge and develop the skills, attitudes, and values essential to
personal development and necessary for living in and contributing to a developing and
changing social milieu;
2. To provide learning experiences which increase the child's awareness of and

responsiveness to the changes in and just demands of society and to prepare him for
constructive and effective involvement;
3. To promote and intensify the child's knowledge of, identification with, and love for the
nation and the people to which he belongs; and
4. To promote work experiences which develop the child's orientation to the world of
work and creativity and prepare himself to engage in honest and gainful work.
Section 22. Objectives of Secondary Education. - The objectives of secondary education

are:
1. To continue to promote the objectives of elementary education; and
2. To discover and enhance the different aptitudes and interests of the students so as to
equip him with skills for productive endeavor and/or prepare him for tertiary schooling.
Section 23. Objective of Tertiary Education. - The objectives of tertiary education are:
1. To provide a general education program that will promote national identity, cultural
consciousness, moral integrity and spiritual vigor;
2. To train the nation's manpower in the skills required for national development;
3. To develop the professions that will provide leadership for the nation; and
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4. To advance knowledge through research work and apply new knowledge for
improving the quality of human life and responding effectively to changing societal
needs and conditions.
CHAPTER 2
Non-Education and Specialized Educational Services
Section 24. Specialized Educational Service - The State further recognizes its
responsibility to provide, within the context of the formal education system, services to
meet special needs of certain clientele. These specific types, which shall be guided by
the basic policies of the State embodied in the General Provisions of this Act, include:
1. "Work Education," or "Practical Arts," as a program of basic education which aims to

develop the right attitudes towards work; and "technical-vocational education," post-
secondary but non-degree programs leading to one, two, or three year certificates in
preparation for a group of middle-level occupations.
2. "Special Education," the education of persons who are physically, mentally,

emotionally, socially, or culturally different from the so-called "normal" individuals that
they require modification of school practices/services to develop them to their maximum
capacity; and
3. "Non-formal Education," any organized school-based educational activities

undertaken by the Ministry of Education, Culture and Sports and other agencies aimed
at attaining specific learning objectives for a particular clientele, especially the illiterates
and the out-of-school youth and adults, distinct from and outside the regular offerings of
the formal school system.
The objectives of non-formal education are as follows:
a. To eradicate illiteracy and raise the level of functional literacy of the population;
b. To provide unemployed and underemployed youth and adults with appropriate

vocational/technical skills to enable them to become more productive and effective
citizens; and
c. To develop among the clientele of non-formal education proper values and attitudes
necessary for personal, community and national development.
CHAPTER 3
Establishment of Schools
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Section 25. Establishment of Schools - All schools shall be established in accordance

with law. The establishment of new national schools and the conversion of existing
schools from elementary to national secondary or tertiary schools shall be by law:
Provided, That any private school proposed to be established must incorporate as an
non-stock educational corporation in accordance with the provisions of the Corporation
Code of the Philippines. This requirement to incorporate may be waived in the case of
family-administered pre-school institutions.
Government assistance to such schools for educational programs shall be used

exclusively for that purpose.
Section 26. Definition of Terms - The terms used in this Chapter are defined as follows:
1. "Schools" are duly established institutions of learning or educational institutions.
2. "Public Schools" are educational institutions established and administered by the

government.
3. "Private Schools" are educational institutions maintained and administered by private

individuals or groups.
Section 27. Recognition of Schools - The educational operations of schools shall be

subject to their prior authorization of the government, and shall be affected by
recognition. In the case of government operated schools, whether local, regional, or
national, recognition of educational programs and/or operations shall be deemed
granted simultaneously with establishment.
In all other case the rules and regulations governing recognition shall be prescribed and
enforced by the Ministry of Education, Culture and Sports defining therein who are
qualified to apply, providing for a permit system, stating the conditions for the grant of
recognition and for its cancellation and withdrawal, and providing for related matters.
Section 28. Effects of Recognition; Punishable Violations - The issuance of a certificate

of recognition to a school shall have the following effects:
1. It transforms the temporary permit to a permanent authority to operate;
2. It entitled the school or college to give the students who have completed the course
for which recognition is granted, a certificate, title or diploma; and
3. It shall entitle the students who have graduated from said recognized course or
courses to all the benefits and privileges enjoyed by graduates in similar courses of
studies in all schools recognized by the government.
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Operation of schools and educational programs without authorization, and/or operation

thereof in violation of the terms of recognition, are hereby declared punishable violations
subject to the penalties provided in this Act.
Section 29. Voluntary Accreditation - The Ministry shall encourage programs of

voluntary accreditation for institution which desire to meet standards of quality over and
above minimum required for State recognition.
CHAPTER 4
Internal Organization of Schools
Section 30. Organization of Schools - Each school shall establish such internal
organization as will best enable it to carry out its academic and administrative functions,
subject to limitations provided by law.
Each school establish such arrangements for the peaceful settlement of disputes
between or among the members of the educational community.
Section 31. Governing Board - Every government college or university as a tertiary

institution and every private school shall have a governing board pursuant to its charter
or the Corporation Code of the Philippines, as the case may be.
Section 32. Personnel Transactions - The terms and conditions of employment of

personnel in government schools shall be governed by the Civil Service, budgetary and
compensation laws and rules.
In private schools, dispute arising from employer-employee relations shall fall under the
jurisdiction of the Ministry of Labor and Employment as provided for by law regulations:
Provided, That in view of the special employment status of the teaching and academic
non-teaching personnel, and their special roles in the advancement of knowledge,
standards set or promulgated jointly by the Ministry of Education, Culture and Sports
and by the Ministry of Labor and Employment shall be applied by the Ministry of Labor
and Employment: Provided, further, That every private school shall establish and
implement an appropriate system within the school for the prompt and orderly settlement
of provisions of Articles 262 and 263 of the Labor Code.
CHAPTER 5
School Finance and Assistance
Section 33. Declaration of Policy - It is hereby declared to be the policy of the State that
the national government shall contribute to the financial support of educational programs
pursuant to goals of education as declared in the Constitution. Towards this end, the
government shall:
1. Adopt measures to broaden access to education through financial assistance and

other forms of incentives to schools, teachers, pupils and students; and
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2. Encourage and stimulate private support to education through, inter alia, fiscal and
other assistance measures.
A. FUNDING OF REPUBLIC SCHOOLS
Section 34. National Funds - Public school shall continue to be funded from national
funds: Provided, That local governments shall be encouraged to assume operation of
local public schools on the basis of national fund participation and adequate revenue
sources which may be assigned by the national government for the purpose.
Section 35. Financial Aid Assistance to Public Secondary Schools - The national
government shall extend financial aid and assistance to public secondary schools
established and maintained by local governments, including barangay high schools.
Section 36. Share of Local Government - Provinces, cities and municipalities and
barangays shall appropriate funds in their annual budgets for the operation and
maintenance of public secondary schools on the basis of national fund participation.
Section 37. Special Education Fund - The proceeds of the Special Education Fund
accruing to local governments shall be used exclusively for the purposes enumerated in
Section 1 of Republic Act No. 5447, and in accordance with rules and regulations issued
by the Ministry of Education, Culture and Sports and the Ministry of the Budget. Said
proceeds shall be considered a local fund and shall be subject to Presidential Decrees
No. 477, Presidential Decree No. 1375 and other applicable local budget laws and
regulations.
Section 38. Tuition and other School Fees - Secondary and post-secondary schools
may charge tuition and other school fees, in order to improve facilities or to
accommodate more students.
Section 39. Income from other Sources - Government-supported educational institution

may receive grants, legacies, donations and gifts for purposes allowed by existing laws.
Furthermore, income generated from production activities and from auxiliary enterprises
may be retained and used for schools concerned in accordance with rules and
regulations jointly issued consistently with pertinent appropriation and budgetary laws by
the Ministry of the Budget, the Ministry of Education, Culture and Sports and the
Commission on Audit.
B. FUNDING OF PRIVATE SCHOOLS
Section 40. Funding of Private Schools - Private schools may be funded from their
capital investment or equity contributions, tuition fees and other school charges, grants,
loans, subsidies, passive investment income and income from other sources.
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Section 41. Government Assistance - The government, in recognition of their

complementary role in the educational system, may provide aid to the programs of
private schools in the form of grants or scholarships, or loans from government financial
institutions: Provided, That such programs meet certain defined educational
requirements and standards and contribute to the attainment of national development
goals.
Section 42. Tuition and Other Fees - Each private school shall determine its rate of
tuition and other school fees or charges. The rates and charges adopted by schools
pursuant to this provision shall be collectible, and their application or use authorized,
subject to rules and regulations promulgated by the Ministry of Education, Culture and
Sports.
Section 43. Income from Other Sources - Any private school duly recognized by the
government, may receive any grant and legacy, donation, gift, bequest or devise from
any individual, institution, corporation, foundation, trust of philanthropic organization, or
research institution or organization as may be authorized by law.
Furthermore, private schools are authorized to engage in any auxiliary enterprise to

generate income primarily to finance their educational operations and/or to reduce the
need to increase students' fees.
Section 44. Institutional Funds - The proceeds from tuition fees and other school
charges, as well as other income of schools, shall be treated as institutional funds.
Schools may pool their institutional funds, in whole or in part, under joint management
for the purpose of generating additional financial resources.
C. INCENTIVES TO EDUCATION
Section 45. Declaration of Policy - It is the policy of the State in the pursuit of its national
education development goals to provide an incentive program to encourage the
participation of the community in the development of the educational sector.
Section 46. Relating to School Property - Real property, such as lands, buildings and
other improvements thereon used actually, directly and exclusively for educational
purposes shall be subject to the real property tax based on an assessment of fifteen per
cent of the market value of such property: Provided, That all the proceeds from the
payment thereof shall accrue to a special private education fund which shall be
managed and disbursed by a local private school board which shall be constituted in
each municipality or chartered city with private educational institutions with the mayor or
his representative as chairman and not more than two representatives of the institutional
taxpayers, and, likewise, not more than two residents of the municipality or chartered
city who are alumni of any of the institutional taxpayers as members: Provided, further,
That fifty percent of the additional one percent tax on real estate property provided for
under Republic Act 5447, shall accrue to the special private education fund: Provided,
finally, That in municipalities or chartered cities wherein the number of private
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institutions with individual enrollment of pupils and students over five thousand exceeds
fifteen, the members of the private school board shall be increased to not more than
fourteen members determined proportionately by the Minister of Education, Culture and
Sports. The private school board shall adopt its own rules which shall enable it to
finance the annual programs and projects of each institutional taxpayer for the following
purposes; student-pupil scholarships; improvement of instructional, including laboratory,
facilities and/or equipment; library books and periodicals acquisition; and extension
service in the community, in that order of priority.
Section 47. Relating to Gifts or Donations to Schools - All gifts or donation in favor of
any school, college or university recognized by the Government shall not be subject to
tax; Provided, That such gifts or donations shall be for improvement of classrooms and
laboratory of library facilities, and shall not inure to the benefit of any officer, director,
official, or owner or owners of the school, or paid out as salary, adjustments or
allowance of any form or nature whatsoever, except in support of faculty and/or
professorial chairs.
Section 48. Relating to Earnings from Established Scholarship Funds - All earnings from
the investment of any duly established scholarship fund of any school recognized by the
government, constituted from gifts to the school, and/or from contributions or other
resources assigned to said fund by the school, if said earnings are actually used to fund
additional scholarship grants to financially deserving students shall be exempt from tax
until the scholarship fund is fully liquidated, when the outstanding balance thereof shall
be subject to tax.
Section 49. School Dispersal Program - All gains realized from the sale, disposition or
transfer of property, real or personal, of any duly established private school, college or
university, in pursuance of a school dispersal program of the government or of the
educational institution as approved by the government, shall be considered exempt from
tax if the total proceeds of the sale are reinvested in a new or existing duly established
school, college, or university located in the dispersal site, within one (1) year from the
date of such sale, transfer or disposition; otherwise, all taxes due on the gains realized
from the transaction shall immediately become due and payable.
Section 50. Conversion to Educational Foundations - An educational institution may

convert itself into a non-stock, non-profit educational foundation, in accordance with the
implementing rules to be issued jointly by the Ministry of Education, Culture and Sports
and the Ministry of Finance.
In the case of stock corporations, if for any reason its corporate existence as an
educational institution ceases and is not renewed, all its net assets after liquidation of
the liabilities and other obligations may be conveyed and transferred to any non-profit
educational institution or successor non-profit educational institution or to be used in
such manner as in the judgment of said court will best accomplish the general purposes
for which the dissolved organization was organized, or to the State.
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D. ASSISTANCE TO STUDENTS
Section 51. Government Assistance to Students - The government shall provide

financial assistance to financially disadvantaged and deserving students. Such
assistance may be in the form of State scholarships, grants-in-aid, assistance from the
Educational Loan Fund, or subsidized tuition rates in State colleges and universities.
All the above and similar assistance programs shall provide for reserve quotas for
financially needed but academically qualified students from the national cultural
communities.
Section 52. Grant of Scholarship Pursuant to Existing Laws - Educational institutions

shall be encouraged to grant scholarships to students pursuant to the provisions of
existing laws and such scholarship measures as may hereafter be provided for by law.
Section 53. Assistance from the Private Sector - The private sector, especially
educational institutions, business and industry, shall be encouraged to grant financial
assistance to students, especially those undertaking research in the fields of science
and technology or in such projects as may be necessary within the context of national
development.
IV. THE MINISTRY OF EDUCATION, CULTURE AND SPORTS
CHAPTER 1
GENERAL PROVISIONS
Section 54. Declaration of Policy - The administration of the education system and,
pursuant to the provisions of the Constitution, the supervision and regulation of
educational institutions are hereby vested in the Ministry of Education, Culture and
Sports, without prejudice to the provisions of the charter of any state college and
university.
Section 55. Organization - The Ministry shall be headed by the Minister of Education,
Culture and Sports who shall be assisted by one or more Deputy Ministers.
The organization of the Ministry shall consist of (a) the Ministry Proper composed of the
immediate Office of the Minister, and the Services of the Ministry, (b) the Board of
Higher Education, which is hereby established, (c) the Bureau of Elementary Education,
the Bureau of Secondary Education, the Bureau of Higher Education, the Bureau of
Technical and Vocational Education, and the Bureau of Continuing Education, which are
hereby established, (d) Regional offices and field offices, (e) the National Scholarship
Center and such other agencies as are now or may be established pursuant to law, and
(f) the cultural agencies, namely: the National Library, the National Historical Institute,
the National Museum, and the Institute of National Language. Such of the above offices
as are created or authorized to be established under this provision, shall be organized
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and staffed and shall function, subject to the approval of the President, upon
recommendation of the Minister of Education, Culture and Sports in consultation with the
Presidential Commission on Reorganization.
Section 56. The National Board of Education is hereby abolished, and its appropriations,
personnel, records, and equipment are hereby transferred to the Office of the Minister of
Education, Culture and Sports.
Section 57. Functions and Powers of the Ministry - The Ministry shall:
1. Formulate general education objectives and policies, and adopt long-range

educational plans;
2. Plan, develop and implement programs and projects in education and culture;
3. Promulgate rules and regulations necessary for the administration, supervision and
regulation of the educational system in accordance with declared policy;
4. Set up general objectives for the school system;
5. Coordinate the activities and functions of the school system and the various cultural
agencies under it;
6. Coordinate and work with agencies concerned with the educational and cultural
development of the national cultural communities; and
7. Recommend and study legislation proposed for adoption.
Section 58. Report to the Batasang Pambansa. - The Minister of Education, Culture and
Sports shall make an annual report to the Batasang Pambansa on the implementation of
the national basic education plan, the current condition of the education programs, the
adequacy or deficiency of the appropriations and status of expenditures, the impact of
education on the different regions, the growth of enrollment, the adequacy of academic
facilities, the concentration of low income groups, or the supply of teaching and non-
teaching personnel, with such comments and appropriate recommendations thirty (30)
days before the opening of its regular session.
CHAPTER 2
BOARD OF HIGHER EDUCATION
Section 59. Declaration of Policy - Higher education will be granted towards the
provision of better quality education, the development of middle and high-level
manpower, and the intensification of research and extension services. The main thrust
of higher education is to achieve equity, efficiency, and high quality in the institutions of
higher learning both public and private, so that together they will provide a complete set
of program offerings that meet both national and regional development needs.
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Section 60. Organization of the Board of Higher Education - The Board of Higher
Education is reconstituted as an advisory body to the Minister of Education, Culture and
Sports. The Board shall be composed of a Deputy Minister of Education, Culture and
Sports designated as Chairman and four other members to be appointed by the
President of the Philippines upon nomination by the Minister of Education, Culture and
Sports for a term of four years. The four members shall have distinguished themselves
in the field of higher education and development either in the public or private sector. In
the initial appointment of the non-ex officio members, the first appointee shall serve for a
term of four years; the second for a term of three years; the third for a term of two years;
and the fourth for a term of one year. The Director of the Bureau of Higher Education
shall participate in the deliberation of the Board but without the right to vote. The Bureau
of Higher Education shall provide the Board with the necessary technical and staff
support: Provided, That the Board may create technical panels of experts in the various
disciplines as the need arises.
Section 61. Function of the Board of Higher Education. - The Board shall:
1. Make policy recommendations regarding the planning and management of the

integrated system of higher education and the continuing evaluation thereof.
2. Recommend to the Minister of Education, Culture and Sports steps to improve the
governance of the various components of the higher education system at national and
regional levels.
3. Assist the Minister of Education, Culture and Sports in making recommendation

relatives to the generation of resources and their allocation for higher education.
CHAPTER 3
THE BUREAUS
Section 62. Bureau of Elementary Education - The Bureau shall perform the following
functions:
1. Conduct studies and formulate, develop, and evaluate programs and educational
standards for elementary education;
2. Undertake studies necessary for the preparation of prototype curricular designs,

instructional materials, and teacher training programs for elementary education; and
3. Formulate guidelines to improve elementary school physical plants and equipment,

and general management of these schools.
Section 63. Bureau of Secondary Education - The Bureau shall perform the following
functions:
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1. Conduct studies and formulate, develop and evaluate programs and educational
standards for secondary education;
2. Develop curricular designs, prepare instructional materials, and prepare and evaluate
programs to update the quality of the teaching and non-teaching staff at the secondary
level;
3. Formulate guidelines to improve the secondary school physical plants and equipment,
and general management of these schools.
Section 64. Bureau of Technical and Vocational Education. - The Bureau shall perform
the following:
1. Collaborate with other agencies in the formulation of manpower plans;
2. Conduct studies, formulate, develop and evaluate post-secondary vocational-

technical programs and recommend educational standards for these programs;
3. Develop curricular designs and prepare instructional materials, prepare and evaluate
programs to upgrade the quality of teaching and non-teaching staff, and formulate
guidelines to improve the physical plant and equipment of post-secondary vocational-
technical schools.
Section 65. Bureau of Higher Education - The Bureau of higher Education shall perform
the following functions:
1. Develop, formulate and evaluate programs, projects and educational standards for a
higher education;
2. Provide staff assistance to the Board of Higher Education in its policy formulation and
advisory functions;
3. Provide technical assistance to encourage institutional development programs and

projects;
4. Compile, analyze and evaluate data on higher education; and
5. Perform other functions provided for by law.
Section 66. Bureau of Continuing Education - As the main implementing arm of the non-
formal education programs of the Ministry, the Bureau shall provide learning programs
or activities that shall:
1. Serve as a means of meeting the learning needs of those unable to avail themselves
of the educational services and programs of formal education;
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2. Provide opportunities for the acquisition of skills necessary to enhance and ensure
continuing employability, efficiency, productivity, and competitiveness in the labor
market;
3. Serve as a means for expanding access to educational opportunities to citizens of

varied interests, demographic characteristics and socio-economic origins or status.
CHAPTER 4
REGIONAL OFFICES
Section 67. Functions - A regional office shall:
1. Formulate the regional plan of education based on the national plan of the Ministry
taking into account the specific needs and special traditions of the region;
2. Implement education laws, policies, plans, programs, rules and regulations of the
Ministry or agency in the regional area;
3. Provide economical, efficient and effective education services to the people in the
area.
V. MISCELLANEOUS PROVISIONS
CHAPTER 1
PENAL ADMINISTRATIVE SANCTIONS
Section 68. Penalty Clause - Any person upon conviction for an act in violation of
Section 28, Chapter 3, Title III above, shall be punished with a fine of not less than two
thousand pesos (P2,000.00) nor more than ten thousand pesos (P10,000.00) or
imprisonment for a maximum period of two (2) years, or both, in the discretion of the
court.
If the act is committed by a school corporation, the school head together with the person
or persons responsible for the offense or violation shall be equally liable.
Section 69. Administrative Sanction - The Minister of Education, Culture and Sports may
prescribe and impose such administrative sanction as he may deem reasonable and
appropriate in the implementing rules and regulations promulgated pursuant to this Act
for any of the following causes:
1. Mismanagement of school operations;
2. Gross inefficiency of the teaching or non-teaching personnel;
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3. Fraud or deceit committed in connection with the application for Ministry permit or
recognition;
4. Failure to comply with conditions or obligations prescribed by this Code or its

implementing rules and regulations; and
5. Unauthorized operation of a school or course, or any component thereof, or any

violation of the requirement governing advertisements or announcements of educational
institutions.
Sanctions against the schools shall be without prejudice to the interest of the students,
teachers and employees.
CHAPTER 2
ADMINISTRATIVE PROVISIONS
Section 70. Rule-making Authority - The Minister Education, Culture and Sports charged
with the administration and enforcement of this Act, shall promulgate the necessary
implementing rules and regulations.
Section 71. Separability Provision - Any part or provision of this Act which may held
invalid or unconstitutional shall not affect its remaining parts of provisions.
Section 72. Repealing Clause - All laws or parts thereof inconsistent with any provision
of this Act shall be deemed repealed or modified, as the case may be.
Section 73. Effectivity - This Act shall take effect upon its approval.
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Reoprter: Flovel Mae B. Naraga

Chrystal Ann Rendon
Cinderella B. Rodemio
1. List your rights and the corresponding duties and obligations as a teacher.
Rights Obligations
1. The right to be free from compulsory 1. Perform his duties to the school by
assignments not related to their duties discharging his responsibilities in
as defined in their appointments or accordance with the philosophy, goals,
employment contracts, unless and objectives of the school.
compensated therefor, conformably to
existing law.
2. Be accountable for the efficient and
effective attainment of specified
2. The right to intellectual property
learning objectives in pursuance of
consistent with applicable laws.
national development goals within the
limits of available school resources.
3. Teachers shall be deemed persons 3. Render regular reports on
in authority when in the discharge of performance of each student and to
lawful duties and responsibilities, and the latter and the latter's parents and
shall, therefore, be accorded due guardians with specific suggestions for
respect and protection. improvement.
4. Teachers shall be accorded the 4. Assume the responsibility to
opportunity to choose alternative maintain and sustain his professional
career lines either in school growth and advancement and maintain
administration, in classroom teaching, professionalism in his behaviour at all
or others, for purposes of career times.
advancement.
5. 5. Refrain from making deductions in
students' scholastic rating for acts that
are clearly not manifestations of poor
scholarship.
6. 6. Participate as an agent of
constructive social, economic, moral,
intellectual, cultural and political
change in his school and the
community within the context of
national policies.
2. Reflect on your right vis-à-vis- your obligations.
Rights vis-à-vis on obligation as teacher is that the rights as teachers to have their
freedom in making their opportunities to take their choices in their career path in which
they can manipulate their own decision through suitable purposes.While the obligation
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as teacher must help students learn the academic basics, but they also teach valuable
life lessons by setting a positive example. As role models, teachers must follow a
professional code of ethics. This ensures that students receive a fair, honest and
uncompromising education. A professional code of ethics outlines teachers' main
responsibilities to their students and defines their role in students' lives. Above all,
teachers must demonstrate integrity, impartiality and ethical behaviour in the classroom
and in their conduct with parents and co-workers. Teachers must model strong
character traits, such as perseverance, honesty, respect, lawfulness, patience, fairness,
responsibility and unity. As a teacher, you must treat every student with kindness,
equality and respect, without showing favoritism, prejudice or partiality. You must
maintain confidentiality unless a situation warrants involvement from parents, school
administration or law enforcement, and never use relationships with students for
personal gain.
-
3. Study the objectives of elementary, secondary, tertiary and non-formal education
(alternative learning system): You are accorded the opportunity to choose
alternative career path in school administration, in classroom teaching, or others, for
job enrichment and advancement. In which level would you choose to teach
(elementary, secondary, alternative learning system) Why?
- I choose the secondary in which in the objectives as a future educator, we will

continue to promote the objectives of elementary education which – to provide
the knowledge and develop the skills, attitudes, and values essential to personal
development and necessary for living in and contributing to a developing and
changing social milieu and it also provides learning experiences which increase
the child's awareness and To discover and enhance the different aptitudes and
interests of the students so as to equip him with skills for productive endeavor
and/or prepare him for tertiary schooling.
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- REPUBLIC ACT NO. 9155

-
- 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.
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-
- 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.
-
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- 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;
-
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- (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
-
72
- (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.
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-
- 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.
74
-
- (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.
-
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- 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
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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
-
-
- 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;
-
77
- (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
-
-
- 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
78
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.
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-
- 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
80
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.
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- 9155
82
New Organizational Structures of the Central, Regional, and Schools Division

Offices of the Department of Education
To: Undersecretaries
Assistant Secretaries
Bureau Directors
Directors of Services, Centers and Heads of Units
Regional Directors
Schools Division Superintendents
Heads, Public Elementary and Secondary Schools
All Others Concerned
1. Background
1. In August 2001, Republic Act No. 9155 (RA 9155), An Act Instituting A
Framework 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, otherwise
known as the Governance of Basic Education Act of 2001, was issued. It
provided a framework for the governance of education, decentralizing
governance to the field, and making the schools and learning centers the
heart of the education system. The law also established the authority and
accountability of the various organization levels of the Department of
Education (DepEd).
2. In October 2004, Executive Order No. 366 (EO 366, s. 2004), Directing A
Strategic Review of the Operations and Organizations of the Executive
Branch and Providing Options and Incentives for Government Employees
Who May Be Affected by the Rationalization of the Functions and
Agencies of the Executive Branch, was issued. According to Section 2 of
the said EO, the initiative aimed to: (a) focus government efforts and
resources on its vital/core service; and (b) improve the quality and
efficiency of government services delivery by eliminating/minimizing
overlaps and duplication, and improving agency performance through the
rationalization of service delivery and support systems, and organization
structure and staffing (Section 2, EO 366, s. 2004).
3. In December 2011, DepEd embarked on the review and revision of its
Rationalization Plan (RP) based on RA 9155 and long-term reforms
needed in the education sector to respond to fast-changing demands of
the local and global environment.
4. On November 15, 2013, the DepEd Rationalization Plan (RP) was
approved by the Department of Budget and Management (DBM). The
approval included the rationalized structure and staffing pattern of offices
at the central, regional, and schools division levels.
2. Rationale of the Organizational Structures
1. The rationalized organizational structures and staffing patterns were a
result of the thorough study of the DepEd Change Management Team
(CMT) on the current structures, functions and staffing complement of the
83
DepEd offices vis-à-vis the long-term education reforms, requirements of

the learners and the changing environment, and national government
policies.
2. The approved organizational structures are consistent with the provisions
of RA 9155 in applying the principles of decentralization and shared
governance to ensure accountability and relevance to the context, and
development needs of the learners and stakeholders of the various
organizational levels.
3. In developing the organizational structures, the DepEd CMT also identified
the themes or organizational strands common to all levels of the
Department. These organizational strands reflect the similarity of functions
and objectives of offices and units. The organizational strands are as
follows:
1. Office of the Secretary;
The Office of the Secretary (OSec) provides overall leadership and direction at the
national level. Attached and support agencies to DepEd are included under the OSec.
2. Curriculum and Instruction;
This strand ensures that the organization focuses on the delivery of a relevant,
responsive, and effective basic education curriculum around which all other strands and
offices provide support.
3. Strategic Management;
This strand enables the organization to focus on long-term directions and interface with
the internal and external environment and stakeholders.
4. Governance and Operations;
This strand ensures the capacity of the organization to continuously improve and be
strategic in managing the environment for which “teaching and learning” takes place.
In accordance with RA 9155, the Secretary of Education delegates the supervision of

field offices (regional and schools division offices) to the Undersecretary for Governance
and Operations.
1. The Office of the Regional Director provides leadership and management of the
Department’s mandate at the regional level; and
2. The Office of the Schools Division Superintendent provides local management
and administration of the Department’s mandate at the schools division level.
5. Legal and Legislative Affairs;
This strand enhances capacity of the organization to deal with legal matters and to be
proactive in moving forward its legislative agenda.
6. Finance and Administration:
This strand ensures the efficiency to support the organization as a whole to focus on its
core business and thus attain its targets through the provision of finance and
administrative services.
8. The following organizational actions were taken on the existing offices:
1. Offices to be retained or renamed in the new structure;
84
2. Offices to be transferred to other bureaus/services or organizational

strands;
3. Offices to be merged or consolidated due to similarity in objectives or
functions;
4. Offices to be upgraded or elevated to address critical functions or adhere
to existing government issuances;
5. Offices to be abolished but whose functions will be absorbed by other
offices in the rationalized structure; and
6. Offices to be created to address critical functions performed by ad hoc
committees or prescribed by government issuances.
9. Based on these actions, the following information are included in this Order:
1. Enclosure No. 1 presents the actions taken on the existing offices at the
central, regional and schools division levels;
2. Enclosure No. 2 presents the official organizational structures for the
DepEd central, regional, and schools division offices;
3. Enclosure No. 3 presents the counterpart offices of each organizational
level according to the organizational strands; and
4. Enclosure No. 4 presents the general functions of each office in the each
organizational level.
2. The regional and schools division offices are categorized based on size
classification. The size classification will also determine the minimum staffing
complement allocated to the following offices;
1. Regional offices (ROs) shall be classified as small, medium or large; and
2. Schools division offices (SDOs) shall be classified as small, medium, large,
or very large.
2. New offices to be established shall follow the approved organizational and
staffing standards agreed upon by the DepEd and DBM.
3. Transitory Provisions
12. Given the changes in the organizational structures and functions of DepEd
offices, the offices are given until the end of December 2015 to complete
their transition and be operational in the rationalized structures. The
completion of the transition may be in different paces for offices due to
their nature and scope and their respective transition processes.
13. The new Bureau of Human Resource and Organization Development
(BHROD), under the Office of the Undersecretary for Governance and
Operations, shall take the lead in managing the transition of offices and
personnel to the rationalized structures. This shall be done in collaboration
with the heads of offices for each strand/bureau/ service/division/unit.
14. The BHROD shall identify appropriate strategies and mechanisms in the
following areas:
1. Personnel actions e.g. placement, transfers, etc.;
2. Human resource development programs e.g. recruitment and
selection, onboarding and capacity building;
3. Physical infrastructure and locations of offices;
4. Identification, revision and mapping of core work processes and
systems;
85
5. Role clarification of personnel and offices based on the new

functions;
6. Policy review and adjustments; and
7. Communications and management of change.
15. The new organizational structures, as indicated in Enclosure No. 2,
shall take effect no later than January 01, 2016.
1. The following indicators shall signify that an office has transitioned
to the new organizational structure:
1. The office is using the retained or new office title indicated in
the approved organizational structure;
2. Personnel have been notified of their placement to the
retained or new offices in the approved organizational
structure;
3. The office is utilizing the approved staffing pattern in the
recruitment and selection process;
2. In support of the offices and personnel in this period of change,
capacity development activities shall continue as necessary after
the said date.
13. As there will be vacancies due to the retirement, resignation or promotion
of incumbents, the filling up of vacant positions shall continue to proceed
through the regular recruitment and selection process.
14. For the DepEd Central Office, the following guidelines shall be followed:
1. Communications will be addressed to the heads of offices;
2. For new offices and those with no authorized head of office, the
Secretary shall designate an officer-in-charge to lead the
bureau/service and manage the transition activities;
3. Personnel transferring to other offices may already do so provided
the following conditions are present:
1. Agreements have been made with the current office on the
completion of deliverables and proper turn over of
responsibilities to ensure smooth transition and continuity of
program operations; and
2. Availability of physical space in the recipient office to
accommodate the transferring of employee/s.
4. Movements of offices to new locations shall be on a staggered basis
depending on the schedule of physical renovations and repairs.
13. The new organizational structures, as indicated in Enclosure No. 2, at the
central, regional and schools division levels shall supercede previous
issuances and policies pertaining to the old titles and functions of the
offices.
14. All existing DepEd Memoranda, Orders and other administrative issuances
of similar nature, which are inconsistent with this Order, are hereby
deemed repealed and superceded accordingly.
15. Immediate dissemination of and strict compliance with this Order is
directed.
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Organizational Structure of the Department of Education

The governance of basic educational (RA9155) 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….
1. What is the meaning of the school is the heart of formal education system?
* According to the Republic Act No.9155 , also known as the governance of basic
education act of 2001. The goal of basic education is to provide the students the skills,
knowledge and values they need to become caring, self-reliant, productive and patriotic
citizens. The school is the heart of formal education system for it is the children learn.
School have the single aim of providing the best possible basic education for all
learners.
2. Explain the principles of the good governance.

* Shared governance is the process by which the universities and community
respectfully shares responsibility for reaching collective decisions on the matter of policy
and procedure. It should embody the following principles. Shared governance is a model
to be used at all levels of the university community. The following are the principles of
the shared governance.
1.Community Participation
2. Access to information
3. Dialogue before decision
4. Empowering diverse interest
5. Policy interpretation/shared responsibility
6. Administrative Accountability
7. Checks and Balance.
3. Study the organizational structure of the divisions and school levels. Locate yourself
in the organizational chart. What thoughts cross your mind as you see your self in the
future?
* if I were to become a member of the organizational chart of the department of
educational it would b my deepest pleasure to become the schools division
superintendent for I will going to provide over all management and technical assistance
for the efficient operations and effective, implementation of the policies and education
programs at the division level . I will going to oversees the daily operations and the long-
range planning of a school district serving as the point person for all district matters. I
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will going to surpervice school principals and district staff, work with school board
members and manage fiscal operation.
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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

Congress assembled:
Section 1. Short Title. — This Act shall be known as the "Enhanced Basic Education Act
of 2013″.
Section 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.
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Section 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.
Section 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.
Section 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).
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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.
Section 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.
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Section 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.
Section 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
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(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.
Section 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.
Section 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.
Section 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.
93
Section 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 (IRK).
Section 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.
Section 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.1âwphi1
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.
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Section 15. Commitment to International Benchmarks. — The DepED shall endeavor to

increase the per capita spending on education towards the immediate attainment of
international benchmarks.
Section 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.
Section 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.
Section 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.
Section 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.
95
THE FAMILY CODE OF THE PHILIPPINES

I, CORAZON C. AQUINO, President of the Philippines, by virtue of the powers vested in
me by the Constitution, do hereby order and promulgate the Family Code of the
Philippines, as follows:
TITLE I
MARRIAGE
Chapter 1. Requisites of Marriage
Art. 1. Marriage is a special contract of permanent union between a man and a woman
entered into in accordance with law for the establishment of conjugal and family life. It is
the foundation of the family and an inviolable social institution whose nature,
consequences, and incidents are governed by law and not subject to stipulation, except
that marriage settlements may fix the property relations during the marriage within the
limits provided by this Code. (52a)
Art. 2. No marriage shall be valid, unless these essential requisites are present:
(1) Legal capacity of the contracting parties who must be a male and a female; and
(2) Consent freely given in the presence of the solemnizing officer. (53a)
Art. 3. The formal requisites of marriage are:
(1) Authority of the solemnizing officer;
(2) A valid marriage license except in the cases provided for in Chapter 2 of this Title;
and
(3) A marriage ceremony which takes place with the appearance of the contracting
parties before the solemnizing officer and their personal declaration that they take each
other as husband and wife in the presence of not less than two witnesses of legal age.
(53a, 55a)
Art. 4. The absence of any of the essential or formal requisites shall render the marriage
void ab initio, except as stated in Article 35 (2).
A defect in any of the essential requisites shall not affect the validity of the marriage but
the party or parties responsible for the irregularity shall be civilly, criminally and
administratively liable. (n)
Art. 5. Any male or female of the age of eighteen years or upwards not under any of the
impediments mentioned in Articles 37 and 38, may contract marriage. (54a)
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Art. 6. No prescribed form or religious rite for the solemnization of the marriage is
required. It shall be necessary, however, for the contracting parties to appear personally
before the solemnizing officer and declare in the presence of not less than two
witnesses of legal age that they take each other as husband and wife. This declaration
shall be contained in the marriage certificate which shall be signed by the contracting
parties and their witnesses and attested by the solemnizing officer.
In case of a marriage in articulo mortis, when the party at the point of death is unable to
sign the marriage certificate, it shall be sufficient for one of the witnesses to the marriage
to write the name of said party, which fact shall be attested by the solemnizing officer.
(55a)
Art. 7. Marriage may be solemnized by:
(1) Any incumbent member of the judiciary within the court's jurisdiction;
(2) Any priest, rabbi, imam, or minister of any church or religious sect duly authorized by
his church or religious sect and registered with the civil registrar general, acting within
the limits of the written authority granted by his church or religious sect and provided
that at least one of the contracting parties belongs to the solemnizing officer's church or
religious sect;
(3) Any ship captain or airplane chief only in the case mentioned in Article 31;
(4) Any military commander of a unit to which a chaplain is assigned, in the absence of
the latter, during a military operation, likewise only in the cases mentioned in Article 32;
(5) Any consul-general, consul or vice-consul in the case provided in Article 10. (56a)
Article. 8. The marriage shall be solemnized publicly in the chambers of the judge or in
open court, in the church, chapel or temple, or in the office the consul-general, consul or
vice-consul, as the case may be, and not elsewhere, except in cases of marriages
contracted on the point of death or in remote places in accordance with Article 29 of this
Code, or where both of the parties request the solemnizing officer in writing in which
case the marriage may be solemnized at a house or place designated by them in a
sworn statement to that effect. (57a)
Art. 9. A marriage license shall be issued by the local civil registrar of the city or
municipality where either contracting party habitually resides, except in marriages where
no license is required in accordance with Chapter 2 of this Title (58a)
Art. 10. Marriages between Filipino citizens abroad may be solemnized by a consul-
general, consul or vice-consul of the Republic of the Philippines. The issuance of the
marriage license and the duties of the local civil registrar and of the solemnizing officer
with regard to the celebration of marriage shall be performed by said consular official.
(75a)
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Art. 11. Where a marriage license is required, each of the contracting parties shall file
separately a sworn application for such license with the proper local civil registrar which
shall specify the following:
(1) Full name of the contracting party;
(2) Place of birth;
(3) Age and date of birth;
(4) Civil status;
(5) If previously married, how, when and where the previous marriage was dissolved or
annulled;
(6) Present residence and citizenship;
(7) Degree of relationship of the contracting parties;
(8) Full name, residence and citizenship of the father;
(9) Full name, residence and citizenship of the mother; and
(10) Full name, residence and citizenship of the guardian or person having charge, in
case the contracting party has neither father nor mother and is under the age of twenty-
one years.
The applicants, their parents or guardians shall not be required to exhibit their residence
certificates in any formality in connection with the securing of the marriage license. (59a)
Art. 12. The local civil registrar, upon receiving such application, shall require the
presentation of the original birth certificates or, in default thereof, the baptismal
certificates of the contracting parties or copies of such documents duly attested by the
persons having custody of the originals. These certificates or certified copies of the
documents by this Article need not be sworn to and shall be exempt from the
documentary stamp tax. The signature and official title of the person issuing the
certificate shall be sufficient proof of its authenticity. lawphi1.net
If either of the contracting parties is unable to produce his birth or baptismal certificate or
a certified copy of either because of the destruction or loss of the original or if it is shown
by an affidavit of such party or of any other person that such birth or baptismal certificate
has not yet been received though the same has been required of the person having
custody thereof at least fifteen days prior to the date of the application, such party may
furnish in lieu thereof his current residence certificate or an instrument drawn up and
sworn to before the local civil registrar concerned or any public official authorized to
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administer oaths. Such instrument shall contain the sworn declaration of two witnesses
of lawful age, setting forth the full name, residence and citizenship of such contracting
party and of his or her parents, if known, and the place and date of birth of such party.
The nearest of kin of the contracting parties shall be preferred as witnesses, or, in their
default, persons of good reputation in the province or the locality. lawphi1.net
The presentation of birth or baptismal certificate shall not be required if the parents of
the contracting parties appear personally before the local civil registrar concerned and
swear to the correctness of the lawful age of said parties, as stated in the application, or
when the local civil registrar shall, by merely looking at the applicants upon their
personally appearing before him, be convinced that either or both of them have the
required age. (60a)
Art. 13. In case either of the contracting parties has been previously married, the
applicant shall be required to furnish, instead of the birth or baptismal certificate required
in the last preceding article, the death certificate of the deceased spouse or the judicial
decree of the absolute divorce, or the judicial decree of annulment or declaration of
nullity of his or her previous marriage.
In case the death certificate cannot be secured, the party shall make an affidavit setting
forth this circumstance and his or her actual civil status and the name and date of death
of the deceased spouse. (61a)
Art. 14. In case either or both of the contracting parties, not having been emancipated by
a previous marriage, are between the ages of eighteen and twenty-one, they shall, in
addition to the requirements of the preceding articles, exhibit to the local civil registrar,
the consent to their marriage of their father, mother, surviving parent or guardian, or
persons having legal charge of them, in the order mentioned. Such consent shall be
manifested in writing by the interested party, who personally appears before the proper
local civil registrar, or in the form of an affidavit made in the presence of two witnesses
and attested before any official authorized by law to administer oaths. The personal
manifestation shall be recorded in both applications for marriage license, and the
affidavit, if one is executed instead, shall be attached to said applications. (61a)
Art. 15. Any contracting party between the age of twenty-one and twenty-five shall be
obliged to ask their parents or guardian for advice upon the intended marriage. If they do
not obtain such advice, or if it be unfavorable, the marriage license shall not be issued
till after three months following the completion of the publication of the application
therefor. A sworn statement by the contracting parties to the effect that such advice has
been sought, together with the written advice given, if any, shall be attached to the
application for marriage license. Should the parents or guardian refuse to give any
advice, this fact shall be stated in the sworn statement. (62a)
Art. 16. In the cases where parental consent or parental advice is needed, the party or
parties concerned shall, in addition to the requirements of the preceding articles, attach
a certificate issued by a priest, imam or minister authorized to solemnize marriage under
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Article 7 of this Code or a marriage counsellor duly accredited by the proper government
agency to the effect that the contracting parties have undergone marriage counselling.
Failure to attach said certificates of marriage counselling shall suspend the issuance of
the marriage license for a period of three months from the completion of the publication
of the application. Issuance of the marriage license within the prohibited period shall
subject the issuing officer to administrative sanctions but shall not affect the validity of
the marriage.
Should only one of the contracting parties need parental consent or parental advice, the
other party must be present at the counselling referred to in the preceding paragraph.
(n)
Art. 17. The local civil registrar shall prepare a notice which shall contain the full names
and residences of the applicants for a marriage license and other data given in the
applications. The notice shall be posted for ten consecutive days on a bulletin board
outside the office of the local civil registrar located in a conspicous place within the
building and accessible to the general public. This notice shall request all persons
having knowledge of any impediment to the marriage to advise the local civil registrar
thereof. The marriage license shall be issued after the completion of the period of
publication. (63a)
Art. 18. In case of any impediment known to the local civil registrar or brought to his
attention, he shall note down the particulars thereof and his findings thereon in the
application for marriage license, but shall nonetheless issue said license after the
completion of the period of publication, unless ordered otherwise by a competent court
at his own instance or that of any interest party. No filing fee shall be charged for the
petition nor a corresponding bond required for the issuances of the order. (64a)
Art. 19. The local civil registrar shall require the payment of the fees prescribed by law or
regulations before the issuance of the marriage license. No other sum shall be collected
in the nature of a fee or tax of any kind for the issuance of said license. It shall, however,
be issued free of charge to indigent parties, that is those who have no visible means of
income or whose income is insufficient for their subsistence a fact established by their
affidavit, or by their oath before the local civil registrar. (65a)
Art. 20. The license shall be valid in any part of the Philippines for a period of one
hundred twenty days from the date of issue, and shall be deemed automatically
cancelled at the expiration of the said period if the contracting parties have not made
use of it. The expiry date shall be stamped in bold characters on the face of every
license issued. (65a)
Art. 21. When either or both of the contracting parties are citizens of a foreign country, it
shall be necessary for them before a marriage license can be obtained, to submit a
certificate of legal capacity to contract marriage, issued by their respective diplomatic or
consular officials.
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Stateless persons or refugees from other countries shall, in lieu of the certificate of legal
capacity herein required, submit an affidavit stating the circumstances showing such
capacity to contract marriage. (66a)
Art. 22. The marriage certificate, in which the parties shall declare that they take each
other as husband and wife, shall also state:
(1) The full name, sex and age of each contracting party;
(2) Their citizenship, religion and habitual residence;
(3) The date and precise time of the celebration of the marriage;
(4) That the proper marriage license has been issued according to law, except in
marriage provided for in Chapter 2 of this Title;
(5) That either or both of the contracting parties have secured the parental consent in
appropriate cases;
(6) That either or both of the contracting parties have complied with the legal
requirement regarding parental advice in appropriate cases; and
(7) That the parties have entered into marriage settlement, if any, attaching a copy
thereof. (67a)
Art. 23. It shall be the duty of the person solemnizing the marriage to furnish either of the
contracting parties the original of the marriage certificate referred to in Article 6 and to
send the duplicate and triplicate copies of the certificate not later than fifteen days after
the marriage, to the local civil registrar of the place where the marriage was solemnized.
Proper receipts shall be issued by the local civil registrar to the solemnizing officer
transmitting copies of the marriage certificate. The solemnizing officer shall retain in his
file the quadruplicate copy of the marriage certificate, the copy of the marriage
certificate, the original of the marriage license and, in proper cases, the affidavit of the
contracting party regarding the solemnization of the marriage in place other than those
mentioned in Article 8. (68a)
Art. 24. It shall be the duty of the local civil registrar to prepare the documents required
by this Title, and to administer oaths to all interested parties without any charge in both
cases. The documents and affidavits filed in connection with applications for marriage
licenses shall be exempt from documentary stamp tax. (n)
Art. 25. The local civil registrar concerned shall enter all applications for marriage
licenses filed with him in a registry book strictly in the order in which the same are
received. He shall record in said book the names of the applicants, the date on which
the marriage license was issued, and such other data as may be necessary. (n)
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Art. 26. All marriages solemnized outside the Philippines, in accordance with the laws in
force in the country where they were solemnized, and valid there as such, shall also be
valid in this country, except those prohibited under Articles 35 (1), (4), (5) and (6), 3637
and 38. (17a)
Where a marriage between a Filipino citizen and a foreigner is validly celebrated and a
divorce is thereafter validly obtained abroad by the alien spouse capacitating him or her
to remarry, the Filipino spouse shall have capacity to remarry under Philippine law. (As
amended by Executive Order 227)
Chapter 2. Marriages Exempted from License Requirement
Art. 27. In case either or both of the contracting parties are at the point of death, the
marriage may be solemnized without necessity of a marriage license and shall remain
valid even if the ailing party subsequently survives. (72a)
Art. 28. If the residence of either party is so located that there is no means of
transportation to enable such party to appear personally before the local civil registrar,
the marriage may be solemnized without necessity of a marriage license. (72a)
Art. 29. In the cases provided for in the two preceding articles, the solemnizing officer
shall state in an affidavit executed before the local civil registrar or any other person
legally authorized to administer oaths that the marriage was performed in articulo mortis
or that the residence of either party, specifying the barrio or barangay, is so located that
there is no means of transportation to enable such party to appear personally before the
local civil registrar and that the officer took the necessary steps to ascertain the ages
and relationship of the contracting parties and the absence of legal impediment to the
marriage. (72a)
Art. 30. The original of the affidavit required in the last preceding article, together with
the legible copy of the marriage contract, shall be sent by the person solemnizing the
marriage to the local civil registrar of the municipality where it was performed within the
period of thirty days after the performance of the marriage. (75a)
Art. 31. A marriage in articulo mortis between passengers or crew members may also be
solemnized by a ship captain or by an airplane pilot not only while the ship is at sea or
the plane is in flight, but also during stopovers at ports of call. (74a)
Art. 32. A military commander of a unit, who is a commissioned officer, shall likewise
have authority to solemnize marriages in articulo mortis between persons within the
zone of military operation, whether members of the armed forces or civilians. (74a)
Art. 33. Marriages among Muslims or among members of the ethnic cultural
communities may be performed validly without the necessity of marriage license,
provided they are solemnized in accordance with their customs, rites or practices. (78a)
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Art. 34. No license shall be necessary for the marriage of a man and a woman who have
lived together as husband and wife for at least five years and without any legal
impediment to marry each other. The contracting parties shall state the foregoing facts
in an affidavit before any person authorized by law to administer oaths. The solemnizing
officer shall also state under oath that he ascertained the qualifications of the contracting
parties are found no legal impediment to the marriage. (76a)
Chapter 3. Void and Voidable Marriages
Art. 35. The following marriages shall be void from the beginning:
(1) Those contracted by any party below eighteen years of age even with the consent of
parents or guardians;
(2) Those solemnized by any person not legally authorized to perform marriages unless
such marriages were contracted with either or both parties believing in good faith that
the solemnizing officer had the legal authority to do so;
(3) Those solemnized without license, except those covered the preceding Chapter;
(4) Those bigamous or polygamous marriages not failing under Article 41;
(5) Those contracted through mistake of one contracting party as to the identity of the
other; and
(6) Those subsequent marriages that are void under Article 53.
Art. 36. A marriage contracted by any party who, at the time of the celebration, was
psychologically incapacitated to comply with the essential marital obligations of
marriage, shall likewise be void even if such incapacity becomes manifest only after its
solemnization. (As amended by Executive Order 227)
Art. 37. Marriages between the following are incestuous and void from the beginning,
whether relationship between the parties be legitimate or illegitimate:
(1) Between ascendants and descendants of any degree; and
(2) Between brothers and sisters, whether of the full or half blood. (81a)
Art. 38. The following marriages shall be void from the beginning for reasons of public
policy:
(1) Between collateral blood relatives whether legitimate or illegitimate, up to the fourth
civil degree;
(2) Between step-parents and step-children;
103
(3) Between parents-in-law and children-in-law;
(4) Between the adopting parent and the adopted child;
(5) Between the surviving spouse of the adopting parent and the adopted child;
(6) Between the surviving spouse of the adopted child and the adopter;
(7) Between an adopted child and a legitimate child of the adopter;
(8) Between adopted children of the same adopter; and
(9) Between parties where one, with the intention to marry the other, killed that other
person's spouse, or his or her own spouse. (82)
Art. 39. The action or defense for the declaration of absolute nullity shall not prescribe.
However, in case of marriage celebrated before the effectivity of this Code and falling
under Article 36, such action or defense shall prescribe in ten years after this Code shall
taken effect. (As amended by Executive Order 227) (n)
Art. 40. The absolute nullity of a previous marriage may be invoked for purposes of
remarriage on the basis solely of a final judgment declaring such previous marriage
void. (n).
Art. 41. A marriage contracted by any person during subsistence of a previous marriage
shall be null and void, unless before the celebration of the subsequent marriage, the
prior spouse had been absent for four consecutive years and the spouse present has a
well-founded belief that the absent spouse was already dead. In case of disappearance
where there is danger of death under the circumstances set forth in the provisions of
Article 391 of the Civil Code, an absence of only two years shall be sufficient.
For the purpose of contracting the subsequent marriage under the preceding paragraph
the spouse present must institute a summary proceeding as provided in this Code for
the declaration of presumptive death of the absentee, without prejudice to the effect of
reappearance of the absent spouse. (83a)
Art. 42. The subsequent marriage referred to in the preceding Article shall be
automatically terminated by the recording of the affidavit of reappearance of the absent
spouse, unless there is a judgment annulling the previous marriage or declaring it void
ab initio.
A sworn statement of the fact and circumstances of reappearance shall be recorded in

the civil registry of the residence of the parties to the subsequent marriage at the
instance of any interested person, with due notice to the spouses of the subsequent
104
marriage and without prejudice to the fact of reappearance being judicially determined in
case such fact is disputed. (n)
Art. 43. The termination of the subsequent marriage referred to in the preceding Article
shall produce the following effects:
(1) The children of the subsequent marriage conceived prior to its termination shall be
considered legitimate;
(2) The absolute community of property or the conjugal partnership, as the case may be,
shall be dissolved and liquidated, but if either spouse contracted said marriage in bad
faith, his or her share of the net profits of the community property or conjugal partnership
property shall be forfeited in favor of the common children or, if there are none, the
children of the guilty spouse by a previous marriage or in default of children, the
innocent spouse;
(3) Donations by reason of marriage shall remain valid, except that if the donee
contracted the marriage in bad faith, such donations made to said donee are revoked by
operation of law;
(4) The innocent spouse may revoke the designation of the other spouse who acted in
bad faith as beneficiary in any insurance policy, even if such designation be stipulated
as irrevocable; and
(5) The spouse who contracted the subsequent marriage in bad faith shall be
disqualified to inherit from the innocent spouse by testate and intestate succession. (n)
Art. 44. If both spouses of the subsequent marriage acted in bad faith, said marriage
shall be void ab initio and all donations by reason of marriage and testamentary
dispositions made by one in favor of the other are revoked by operation of law. (n)
Art. 45. A marriage may be annulled for any of the following causes, existing at the time
of the marriage:
(1) That the party in whose behalf it is sought to have the marriage annulled was
eighteen years of age or over but below twenty-one, and the marriage was solemnized
without the consent of the parents, guardian or person having substitute parental
authority over the party, in that order, unless after attaining the age of twenty-one, such
party freely cohabited with the other and both lived together as husband and wife;
(2) That either party was of unsound mind, unless such party after coming to reason,
freely cohabited with the other as husband and wife;
(3) That the consent of either party was obtained by fraud, unless such party afterwards,
with full knowledge of the facts constituting the fraud, freely cohabited with the other as
husband and wife;
105
(4) That the consent of either party was obtained by force, intimidation or undue
influence, unless the same having disappeared or ceased, such party thereafter freely
cohabited with the other as husband and wife;
(5) That either party was physically incapable of consummating the marriage with the
other, and such incapacity continues and appears to be incurable; or
(6) That either party was afflicted with a sexually-transmissible disease found to be
serious and appears to be incurable. (85a)
Art. 46. Any of the following circumstances shall constitute fraud referred to in Number 3
of the preceding Article:
(1) Non-disclosure of a previous conviction by final judgment of the other party of a

crime involving moral turpitude;
(2) Concealment by the wife of the fact that at the time of the marriage, she was
pregnant by a man other than her husband;
(3) Concealment of sexually transmissible disease, regardless of its nature, existing at

the time of the marriage; or
(4) Concealment of drug addiction, habitual alcoholism or homosexuality or lesbianism

existing at the time of the marriage.
No other misrepresentation or deceit as to character, health, rank, fortune or chastity

shall constitute such fraud as will give grounds for action for the annulment of marriage.
(86a)
Art. 47. The action for annulment of marriage must be filed by the following persons and
within the periods indicated herein:
(1) For causes mentioned in number 1 of Article 45 by the party whose parent or
guardian did not give his or her consent, within five years after attaining the age of
twenty-one, or by the parent or guardian or person having legal charge of the minor, at
any time before such party has reached the age of twenty-one;
(2) For causes mentioned in number 2 of Article 45, by the same spouse, who had no
knowledge of the other's insanity; or by any relative or guardian or person having legal
charge of the insane, at any time before the death of either party, or by the insane
spouse during a lucid interval or after regaining sanity;
(3) For causes mentioned in number 3 of Articles 45, by the injured party, within five
years after the discovery of the fraud;
106
(4) For causes mentioned in number 4 of Article 45, by the injured party, within five
years from the time the force, intimidation or undue influence disappeared or ceased;
(5) For causes mentioned in number 5 and 6 of Article 45, by the injured party, within
five years after the marriage. (87a)
Art. 48. In all cases of annulment or declaration of absolute nullity of marriage, the Court
shall order the prosecuting attorney or fiscal assigned to it to appear on behalf of the
State to take steps to prevent collusion between the parties and to take care that
evidence is not fabricated or suppressed.
In the cases referred to in the preceding paragraph, no judgment shall be based upon a
stipulation of facts or confession of judgment. (88a)
Art. 49. During the pendency of the action and in the absence of adequate provisions in
a written agreement between the spouses, the Court shall provide for the support of the
spouses and the custody and support of their common children. The Court shall give
paramount consideration to the moral and material welfare of said children and their
choice of the parent with whom they wish to remain as provided to in Title IX. It shall
also provide for appropriate visitation rights of the other parent. (n)
Art. 50. The effects provided for by paragraphs (2), (3), (4) and (5) of Article 43 and by
Article 44 shall also apply in the proper cases to marriages which are declared ab initio
or annulled by final judgment under Articles 40 and 45.
The final judgment in such cases shall provide for the liquidation, partition and
distribution of the properties of the spouses, the custody and support of the common
children, and the delivery of third presumptive legitimes, unless such matters had been
adjudicated in previous judicial proceedings.
All creditors of the spouses as well as of the absolute community or the conjugal
partnership shall be notified of the proceedings for liquidation.
In the partition, the conjugal dwelling and the lot on which it is situated, shall be
adjudicated in accordance with the provisions of Articles 102 and 129.
Art. 51. In said partition, the value of the presumptive legitimes of all common children,
computed as of the date of the final judgment of the trial court, shall be delivered in
cash, property or sound securities, unless the parties, by mutual agreement judicially
approved, had already provided for such matters.
The children or their guardian or the trustee of their property may ask for the
enforcement of the judgment.
The delivery of the presumptive legitimes herein prescribed shall in no way prejudice the
ultimate successional rights of the children accruing upon the death of either of both of
107
the parents; but the value of the properties already received under the decree of
annulment or absolute nullity shall be considered as advances on their legitime. (n)
Art. 52. The judgment of annulment or of absolute nullity of the marriage, the partition
and distribution of the properties of the spouses and the delivery of the children's
presumptive legitimes shall be recorded in the appropriate civil registry and registries of
property; otherwise, the same shall not affect third persons. (n)
Art. 53. Either of the former spouses may marry again after compliance with the
requirements of the immediately preceding Article; otherwise, the subsequent marriage
shall be null and void.
Art. 54. Children conceived or born before the judgment of annulment or absolute nullity
of the marriage under Article 36 has become final and executory shall be considered
legitimate. Children conceived or born of the subsequent marriage under Article 53 shall
likewise be legitimate.
TITLE II
LEGAL SEPARATION
Art. 55. A petition for legal separation may be filed on any of the following grounds:
(1) Repeated physical violence or grossly abusive conduct directed against the
petitioner, a common child, or a child of the petitioner;
(2) Physical violence or moral pressure to compel the petitioner to change religious or
political affiliation;
(3) Attempt of respondent to corrupt or induce the petitioner, a common child, or a child
of the petitioner, to engage in prostitution, or connivance in such corruption or
inducement;
(4) Final judgment sentencing the respondent to imprisonment of more than six years,
even if pardoned;
(5) Drug addiction or habitual alcoholism of the respondent;
(6) Lesbianism or homosexuality of the respondent;
(7) Contracting by the respondent of a subsequent bigamous marriage, whether in the

Philippines or abroad;
(8) Sexual infidelity or perversion;
(9) Attempt by the respondent against the life of the petitioner; or
108
(10) Abandonment of petitioner by respondent without justifiable cause for more than
one year.
For purposes of this Article, the term "child" shall include a child by nature or by
adoption. (9a)
Art. 56. The petition for legal separation shall be denied on any of the following grounds:
(1) Where the aggrieved party has condoned the offense or act complained of;
(2) Where the aggrieved party has consented to the commission of the offense or act
complained of;
(3) Where there is connivance between the parties in the commission of the offense or
act constituting the ground for legal separation;
(4) Where both parties have given ground for legal separation;
(5) Where there is collusion between the parties to obtain decree of legal separation; or
(6) Where the action is barred by prescription. (100a)
Art. 57. An action for legal separation shall be filed within five years from the time of the
occurrence of the cause. (102)
Art. 58. An action for legal separation shall in no case be tried before six months shall
have elapsed since the filing of the petition. (103)
Art. 59. No legal separation may be decreed unless the Court has taken steps toward
the reconciliation of the spouses and is fully satisfied, despite such efforts, that
reconciliation is highly improbable. (n)
Art. 60. No decree of legal separation shall be based upon a stipulation of facts or a
confession of judgment.
In any case, the Court shall order the prosecuting attorney or fiscal assigned to it to take
steps to prevent collusion between the parties and to take care that the evidence is not
fabricated or suppressed. (101a)
Art. 61. After the filing of the petition for legal separation, the spouses shall be entitled to
live separately from each other.
The court, in the absence of a written agreement between the spouses, shall designate
either of them or a third person to administer the absolute community or conjugal
partnership property. The administrator appointed by the court shall have the same
powers and duties as those of a guardian under the Rules of Court. (104a)
109
Art. 62. During the pendency of the action for legal separation, the provisions of Article
49 shall likewise apply to the support of the spouses and the custody and support of the
common children. (105a)
Art. 63. The decree of legal separation shall have the following effects:
(1) The spouses shall be entitled to live separately from each other, but the marriage
bonds shall not be severed;
(2) The absolute community or the conjugal partnership shall be dissolved and
liquidated but the offending spouse shall have no right to any share of the net profits
earned by the absolute community or the conjugal partnership, which shall be forfeited
in accordance with the provisions of Article 43(2);
(3) The custody of the minor children shall be awarded to the innocent spouse, subject
to the provisions of Article 213 of this Code; and
(4) The offending spouse shall be disqualified from inheriting from the innocent spouse
by intestate succession. Moreover, provisions in favor of the offending spouse made in
the will of the innocent spouse shall be revoked by operation of law. (106a)
Art. 64. After the finality of the decree of legal separation, the innocent spouse may
revoke the donations made by him or by her in favor of the offending spouse, as well as
the designation of the latter as beneficiary in any insurance policy, even if such
designation be stipulated as irrevocable. The revocation of the donations shall be
recorded in the registries of property in the places where the properties are located.
Alienations, liens and encumbrances registered in good faith before the recording of the
complaint for revocation in the registries of property shall be respected. The revocation
of or change in the designation of the insurance beneficiary shall take effect upon written
notification thereof to the insured.
The action to revoke the donation under this Article must be brought within five years
from the time the decree of legal separation become final. (107a)
Art. 65. If the spouses should reconcile, a corresponding joint manifestation under oath
duly signed by them shall be filed with the court in the same proceeding for legal
separation. (n)
Art. 66. The reconciliation referred to in the preceding Articles shall have the following
consequences:
(1) The legal separation proceedings, if still pending, shall thereby be terminated at
whatever stage; and
110
(2) The final decree of legal separation shall be set aside, but the separation of property
and any forfeiture of the share of the guilty spouse already effected shall subsist, unless
the spouses agree to revive their former property regime.
The court's order containing the foregoing shall be recorded in the proper civil registries.
(108a)
Art. 67. The agreement to revive the former property regime referred to in the preceding
Article shall be executed under oath and shall specify:
(1) The properties to be contributed anew to the restored regime;
(2) Those to be retained as separated properties of each spouse; and
(3) The names of all their known creditors, their addresses and the amounts owing to
each.
The agreement of revival and the motion for its approval shall be filed with the court in
the same proceeding for legal separation, with copies of both furnished to the creditors
named therein. After due hearing, the court shall, in its order, take measure to protect
the interest of creditors and such order shall be recorded in the proper registries of
properties.
The recording of the ordering in the registries of property shall not prejudice any creditor
not listed or not notified, unless the debtor-spouse has sufficient separate properties to
satisfy the creditor's claim. (195a, 108a)
TITLE III
RIGHTS AND OBLIGATIONS BETWEEN HUSBAND AND WIFE
Art. 68. The husband and wife are obliged to live together, observe mutual love, respect
and fidelity, and render mutual help and support. (109a)
Art. 69. The husband and wife shall fix the family domicile. In case of disagreement, the
court shall decide.
The court may exempt one spouse from living with the other if the latter should live
abroad or there are other valid and compelling reasons for the exemption. However,
such exemption shall not apply if the same is not compatible with the solidarity of the
family. (110a)
Art. 70. The spouses are jointly responsible for the support of the family. The expenses
for such support and other conjugal obligations shall be paid from the community
property and, in the absence thereof, from the income or fruits of their separate
properties. In case of insufficiency or absence of said income or fruits, such obligations
shall be satisfied from the separate properties. (111a)
111
Art. 71. The management of the household shall be the right and the duty of both
spouses. The expenses for such management shall be paid in accordance with the
provisions of Article 70. (115a)
Art. 72. When one of the spouses neglects his or her duties to the conjugal union or
commits acts which tend to bring danger, dishonor or injury to the other or to the family,
the aggrieved party may apply to the court for relief. (116a)
Art. 73. Either spouse may exercise any legitimate profession, occupation, business or
activity without the consent of the other. The latter may object only on valid, serious, and
moral grounds.
In case of disagreement, the court shall decide whether or not:
(1) The objection is proper, and
(2) Benefit has occurred to the family prior to the objection or thereafter. If the benefit
accrued prior to the objection, the resulting obligation shall be enforced against the
separate property of the spouse who has not obtained consent.
The foregoing provisions shall not prejudice the rights of creditors who acted in good
faith. (117a)
TITLE IV
PROPERTY RELATIONS BETWEEN HUSBAND AND WIFE
Chapter 1. General Provisions
Art. 74. The property relationship between husband and wife shall be governed in the
following order:
(1) By marriage settlements executed before the marriage;
(2) By the provisions of this Code; and
(3) By the local custom. (118)
Art. 75. The future spouses may, in the marriage settlements, agree upon the regime of
absolute community, conjugal partnership of gains, complete separation of property, or
any other regime. In the absence of a marriage settlement, or when the regime agreed
upon is void, the system of absolute community of property as established in this Code
shall govern. (119a)
112
Art. 76. In order that any modification in the marriage settlements may be valid, it must
be made before the celebration of the marriage, subject to the provisions of Articles 66,
67, 128, 135 and 136. (121)
Art. 77. The marriage settlements and any modification thereof shall be in writing, signed
by the parties and executed before the celebration of the marriage. They shall not
prejudice third persons unless they are registered in the local civil registry where the
marriage contract is recorded as well as in the proper registries of properties. (122a)
Art. 78. A minor who according to law may contract marriage may also execute his or
her marriage settlements, but they shall be valid only if the persons designated in Article
14 to give consent to the marriage are made parties to the agreement, subject to the
provisions of Title IX of this Code. (120a)
Art. 79. For the validity of any marriage settlement executed by a person upon whom a
sentence of civil interdiction has been pronounced or who is subject to any other
disability, it shall be indispensable for the guardian appointed by a competent court to be
made a party thereto. (123a)
Art. 80. In the absence of a contrary stipulation in a marriage settlement, the property
relations of the spouses shall be governed by Philippine laws, regardless of the place of
the celebration of the marriage and their residence.
This rule shall not apply:
(1) Where both spouses are aliens;
(2) With respect to the extrinsic validity of contracts affecting property not situated in the
Philippines and executed in the country where the property is located; and
(3) With respect to the extrinsic validity of contracts entered into in the Philippines but
affecting property situated in a foreign country whose laws require different formalities
for its extrinsic validity. (124a)
Art. 81. Everything stipulated in the settlements or contracts referred to in the preceding
articles in consideration of a future marriage, including donations between the
prospective spouses made therein, shall be rendered void if the marriage does not take
place. However, stipulations that do not depend upon the celebration of the marriages
shall be valid. (125a)
Chapter 2. Donations by Reason of Marriage
Art. 82. Donations by reason of marriage are those which are made before its
celebration, in consideration of the same, and in favor of one or both of the future
spouses. (126)
113
Art. 83. These donations are governed by the rules on ordinary donations established in
Title III of Book III of the Civil Code, insofar as they are not modified by the following
articles. (127a)
Art. 84. If the future spouses agree upon a regime other than the absolute community of
property, they cannot donate to each other in their marriage settlements more than one-
fifth of their present property. Any excess shall be considered void.
Donations of future property shall be governed by the provisions on testamentary

succession and the formalities of wills. (130a)
Art. 85. Donations by reason of marriage of property subject to encumbrances shall be

valid. In case of foreclosure of the encumbrance and the property is sold for less than
the total amount of the obligation secured, the donee shall not be liable for the
deficiency. If the property is sold for more than the total amount of said obligation, the
donee shall be entitled to the excess. (131a)
Art. 86. A donation by reason of marriage may be revoked by the donor in the following
cases:
(1) If the marriage is not celebrated or judicially declared void ab initio except donations
made in the marriage settlements, which shall be governed by Article 81;
(2) When the marriage takes place without the consent of the parents or guardian, as
required by law;
(3) When the marriage is annulled, and the donee acted in bad faith;
(4) Upon legal separation, the donee being the guilty spouse;
(5) If it is with a resolutory condition and the condition is complied with;
(6) When the donee has committed an act of ingratitude as specified by the provisions of
the Civil Code on donations in general. (132a)
Art. 87. Every donation or grant of gratuitous advantage, direct or indirect, between the
spouses during the marriage shall be void, except moderate gifts which the spouses
may give each other on the occasion of any family rejoicing. The prohibition shall also
apply to persons living together as husband and wife without a valid marriage. (133a)
Chapter 3. System of Absolute Community
Section 1. General Provisions
114
Art. 88. The absolute community of property between spouses shall commence at the
precise moment that the marriage is celebrated. Any stipulation, express or implied, for
the commencement of the community regime at any other time shall be void. (145a)
Art. 89. No waiver of rights, shares and effects of the absolute community of property
during the marriage can be made except in case of judicial separation of property.
When the waiver takes place upon a judicial separation of property, or after the marriage
has been dissolved or annulled, the same shall appear in a public instrument and shall
be recorded as provided in Article 77. The creditors of the spouse who made such
waiver may petition the court to rescind the waiver to the extent of the amount sufficient
to cover the amount of their credits. (146a)
Art. 90. The provisions on co-ownership shall apply to the absolute community of
property between the spouses in all matters not provided for in this Chapter. (n)
Section 2. What Constitutes Community Property
Art. 91. Unless otherwise provided in this Chapter or in the marriage settlements, the
community property shall consist of all the property owned by the spouses at the time of
the celebration of the marriage or acquired thereafter. (197a)
Art. 92. The following shall be excluded from the community property:
(1) Property acquired during the marriage by gratuitous title by either spouse, and the
fruits as well as the income thereof, if any, unless it is expressly provided by the donor,
testator or grantor that they shall form part of the community property;
(2) Property for personal and exclusive use of either spouse. However, jewelry shall
form part of the community property;
(3) Property acquired before the marriage by either spouse who has legitimate
descendants by a former marriage, and the fruits as well as the income, if any, of such
property. (201a)
Art. 93. Property acquired during the marriage is presumed to belong to the community,
unless it is proved that it is one of those excluded therefrom. (160)
Section 3. Charges and Obligations of the Absolute Community
Art. 94. The absolute community of property shall be liable for:
(1) The support of the spouses, their common children, and legitimate children of either
spouse; however, the support of illegitimate children shall be governed by the provisions
of this Code on Support;
115
(2) All debts and obligations contracted during the marriage by the designated
administrator-spouse for the benefit of the community, or by both spouses, or by one
spouse with the consent of the other;
(3) Debts and obligations contracted by either spouse without the consent of the other to
the extent that the family may have been benefited;
(4) All taxes, liens, charges and expenses, including major or minor repairs, upon the
community property;
(5) All taxes and expenses for mere preservation made during marriage upon the
separate property of either spouse used by the family;
(6) Expenses to enable either spouse to commence or complete a professional or

vocational course, or other activity for self-improvement;
(7) Antenuptial debts of either spouse insofar as they have redounded to the benefit of
the family;
(8) The value of what is donated or promised by both spouses in favor of their common
legitimate children for the exclusive purpose of commencing or completing a
professional or vocational course or other activity for self-improvement;
(9) Antenuptial debts of either spouse other than those falling under paragraph (7) of this
Article, the support of illegitimate children of either spouse, and liabilities incurred by
either spouse by reason of a crime or a quasi-delict, in case of absence or insufficiency
of the exclusive property of the debtor-spouse, the payment of which shall be
considered as advances to be deducted from the share of the debtor-spouse upon
liquidation of the community; and
(10) Expenses of litigation between the spouses unless the suit is found to be
groundless.
If the community property is insufficient to cover the foregoing liabilities, except those
falling under paragraph (9), the spouses shall be solidarily liable for the unpaid balance
with their separate properties. (161a, 162a, 163a, 202a-205a)
Art. 95. Whatever may be lost during the marriage in any game of chance, betting,
sweepstakes, or any other kind of gambling, whether permitted or prohibited by law,
shall be borne by the loser and shall not be charged to the community but any winnings
therefrom shall form part of the community property. (164a)
Section 4. Ownership, Administrative, Enjoyment and Disposition of the Community

Property
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Art. 96. The administration and enjoyment of the community property shall belong to
both spouses jointly. In case of disagreement, the husband's decision shall prevail,
subject to recourse to the court by the wife for proper remedy, which must be availed of
within five years from the date of the contract implementing such decision.
In the event that one spouse is incapacitated or otherwise unable to participate in the
administration of the common properties, the other spouse may assume sole powers of
administration. These powers do not include disposition or encumbrance without
authority of the court or the written consent of the other spouse. In the absence of such
authority or consent, the disposition or encumbrance shall be void. However, the
transaction shall be construed as a continuing offer on the part of the consenting spouse
and the third person, and may be perfected as a binding contract upon the acceptance
by the other spouse or authorization by the court before the offer is withdrawn by either
or both offerors. (206a)
Art. 97. Either spouse may dispose by will of his or her interest in the community
property. (n)
Art. 98. Neither spouse may donate any community property without the consent of the
other. However, either spouse may, without the consent of the other, make moderate
donations from the community property for charity or on occasions of family rejoicing or
family distress. (n)
Section 5. Dissolution of Absolute Community Regime
Art. 99. The absolute community terminates:
(1) Upon the death of either spouse;
(2) When there is a decree of legal separation;
(3) When the marriage is annulled or declared void; or
(4) In case of judicial separation of property during the marriage under Article 134 to
138. (175a)
Art. 100. The separation in fact between husband and wife shall not affect the regime of
absolute community except that:
(1) The spouse who leaves the conjugal home or refuses to live therein, without just
cause, shall not have the right to be supported;
(2) When the consent of one spouse to any transaction of the other is required by law,
judicial authorization shall be obtained in a summary proceeding;
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(3) In the absence of sufficient community property, the separate property of both
spouses shall be solidarily liable for the support of the family. The spouse present shall,
upon proper petition in a summary proceeding, be given judicial authority to administer
or encumber any specific separate property of the other spouse and use the fruits or
proceeds thereof to satisfy the latter's share. (178a)
Art. 101. If a spouse without just cause abandons the other or fails to comply with his or
her obligations to the family, the aggrieved spouse may petition the court for
receivership, for judicial separation of property or for authority to be the sole
administrator of the absolute community, subject to such precautionary conditions as the
court may impose.
The obligations to the family mentioned in the preceding paragraph refer to marital,
parental or property relations.
A spouse is deemed to have abandoned the other when her or she has left the conjugal
dwelling without intention of returning. The spouse who has left the conjugal dwelling for
a period of three months or has failed within the same period to give any information as
to his or her whereabouts shall be prima facie presumed to have no intention of
returning to the conjugal dwelling. (178a)
Section 6. Liquidation of the Absolute Community Assets and Liabilities
Art. 102. Upon dissolution of the absolute community regime, the following procedure
shall apply:
(1) An inventory shall be prepared, listing separately all the properties of the absolute
community and the exclusive properties of each spouse.
(2) The debts and obligations of the absolute community shall be paid out of its assets.
In case of insufficiency of said assets, the spouses shall be solidarily liable for the
unpaid balance with their separate properties in accordance with the provisions of the
second paragraph of Article 94.
(3) Whatever remains of the exclusive properties of the spouses shall thereafter be
delivered to each of them.
(4) The net remainder of the properties of the absolute community shall constitute its net
assets, which shall be divided equally between husband and wife, unless a different
proportion or division was agreed upon in the marriage settlements, or unless there has
been a voluntary waiver of such share provided in this Code. For purpose of computing
the net profits subject to forfeiture in accordance with Articles 43, No. (2) and 63, No.
(2), the said profits shall be the increase in value between the market value of the
community property at the time of the celebration of the marriage and the market value
at the time of its dissolution.
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(5) The presumptive legitimes of the common children shall be delivered upon partition,
in accordance with Article 51.
(6) Unless otherwise agreed upon by the parties, in the partition of the properties, the
conjugal dwelling and the lot on which it is situated shall be adjudicated to the spouse
with whom the majority of the common children choose to remain. Children below the
age of seven years are deemed to have chosen the mother, unless the court has
decided otherwise. In case there in no such majority, the court shall decide, taking into
consideration the best interests of said children. (n)
Art. 103. Upon the termination of the marriage by death, the community property shall
be liquidated in the same proceeding for the settlement of the estate of the deceased.
If no judicial settlement proceeding is instituted, the surviving spouse shall liquidate the
community property either judicially or extra-judicially within six months from the death of
the deceased spouse. If upon the lapse of the six months period, no liquidation is made,
any disposition or encumbrance involving the community property of the terminated
marriage shall be void.
Should the surviving spouse contract a subsequent marriage without compliance with
the foregoing requirements, a mandatory regime of complete separation of property
shall govern the property relations of the subsequent marriage. (n)
Art. 104. Whenever the liquidation of the community properties of two or more marriages
contracted by the same person before the effectivity of this Code is carried out
simultaneously, the respective capital, fruits and income of each community shall be
determined upon such proof as may be considered according to the rules of evidence. In
case of doubt as to which community the existing properties belong, the same shall be
divided between the different communities in proportion to the capital and duration of
each. (189a)
Chapter 4. Conjugal Partnership of Gains
Section 1. General Provisions
Art. 105. In case the future spouses agree in the marriage settlements that the regime of
conjugal partnership gains shall govern their property relations during marriage, the
provisions in this Chapter shall be of supplementary application.
The provisions of this Chapter shall also apply to conjugal partnerships of gains already
established between spouses before the effectivity of this Code, without prejudice to
vested rights already acquired in accordance with the Civil Code or other laws, as
provided in Article 256. (n)
Art. 106. Under the regime of conjugal partnership of gains, the husband and wife place
in a common fund the proceeds, products, fruits and income from their separate
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properties and those acquired by either or both spouses through their efforts or by
chance, and, upon dissolution of the marriage or of the partnership, the net gains or
benefits obtained by either or both spouses shall be divided equally between them,
unless otherwise agreed in the marriage settlements. (142a)
Art. 107. The rules provided in Articles 88 and 89 shall also apply to conjugal
partnership of gains. (n)
Art. 108. The conjugal partnership shall be governed by the rules on the contract of
partnership in all that is not in conflict with what is expressly determined in this Chapter
or by the spouses in their marriage settlements. (147a)
Section 2. Exclusive Property of Each Spouse
Art. 109. The following shall be the exclusive property of each spouse:
(1) That which is brought to the marriage as his or her own;
(2) That which each acquires during the marriage by gratuitous title;
(3) That which is acquired by right of redemption, by barter or by exchange with property
belonging to only one of the spouses; and
(4) That which is purchased with exclusive money of the wife or of the husband. (148a)
Art. 110. The spouses retain the ownership, possession, administration and enjoyment
of their exclusive properties.
Either spouse may, during the marriage, transfer the administration of his or her
exclusive property to the other by means of a public instrument, which shall be recorded
in the registry of property of the place the property is located. (137a, 168a, 169a)
Art. 111. A spouse of age may mortgage, encumber, alienate or otherwise dispose of his
or her exclusive property, without the consent of the other spouse, and appear alone in
court to litigate with regard to the same. (n)
Art. 112. The alienation of any exclusive property of a spouse administered by the other
automatically terminates the administration over such property and the proceeds of the
alienation shall be turned over to the owner-spouse. (n)
Art. 113. Property donated or left by will to the spouses, jointly and with designation of
determinate shares, shall pertain to the donee-spouses as his or her own exclusive
property, and in the absence of designation, share and share alike, without prejudice to
the right of accretion when proper. (150a)
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Art. 114. If the donations are onerous, the amount of the charges shall be borne by the
exclusive property of the donee spouse, whenever they have been advanced by the
conjugal partnership of gains. (151a)
Art. 115. Retirement benefits, pensions, annuities, gratuities, usufructs and similar
benefits shall be governed by the rules on gratuitous or onerous acquisitions as may be
proper in each case. (n)
Section 3. Conjugal Partnership Property
Art. 116. All property acquired during the marriage, whether the acquisition appears to
have been made, contracted or registered in the name of one or both spouses, is
presumed to be conjugal unless the contrary is proved. (160a)
Art. 117. The following are conjugal partnership properties:
(1) Those acquired by onerous title during the marriage at the expense of the common
fund, whether the acquisition be for the partnership, or for only one of the spouses;
(2) Those obtained from the labor, industry, work or profession of either or both of the
spouses;
(3) The fruits, natural, industrial, or civil, due or received during the marriage from the
common property, as well as the net fruits from the exclusive property of each spouse;
(4) The share of either spouse in the hidden treasure which the law awards to the finder
or owner of the property where the treasure is found;
(5) Those acquired through occupation such as fishing or hunting;
(6) Livestock existing upon the dissolution of the partnership in excess of the number of
each kind brought to the marriage by either spouse; and
(7) Those which are acquired by chance, such as winnings from gambling or betting.
However, losses therefrom shall be borne exclusively by the loser-spouse. (153a, 154a,
155, 159)
Art. 118. Property bought on installments paid partly from exclusive funds of either or
both spouses and partly from conjugal funds belongs to the buyer or buyers if full
ownership was vested before the marriage and to the conjugal partnership if such
ownership was vested during the marriage. In either case, any amount advanced by the
partnership or by either or both spouses shall be reimbursed by the owner or owners
upon liquidation of the partnership. (n)
Art. 119. Whenever an amount or credit payable within a period of time belongs to one
of the spouses, the sums which may be collected during the marriage in partial
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payments or by installments on the principal shall be the exclusive property of the

spouse. However, interests falling due during the marriage on the principal shall belong
to the conjugal partnership. (156a, 157a)
Art. 120. The ownership of improvements, whether for utility or adornment, made on the
separate property of the spouses at the expense of the partnership or through the acts
or efforts of either or both spouses shall pertain to the conjugal partnership, or to the
original owner-spouse, subject to the following rules:
When the cost of the improvement made by the conjugal partnership and any resulting
increase in value are more than the value of the property at the time of the improvement,
the entire property of one of the spouses shall belong to the conjugal partnership,
subject to reimbursement of the value of the property of the owner-spouse at the time of
the improvement; otherwise, said property shall be retained in ownership by the owner-
spouse, likewise subject to reimbursement of the cost of the improvement.
In either case, the ownership of the entire property shall be vested upon the
reimbursement, which shall be made at the time of the liquidation of the conjugal
partnership. (158a)
Section 4. Charges Upon and Obligations of the Conjugal Partnership
Art. 121. The conjugal partnership shall be liable for:
(1) The support of the spouse, their common children, and the legitimate children of
either spouse; however, the support of illegitimate children shall be governed by the
provisions of this Code on Support;
(2) All debts and obligations contracted during the marriage by the designated
administrator-spouse for the benefit of the conjugal partnership of gains, or by both
spouses or by one of them with the consent of the other;
(3) Debts and obligations contracted by either spouse without the consent of the other to
the extent that the family may have benefited;
(4) All taxes, liens, charges, and expenses, including major or minor repairs upon the
conjugal partnership property;
(5) All taxes and expenses for mere preservation made during the marriage upon the
separate property of either spouse;
(6) Expenses to enable either spouse to commence or complete a professional,

vocational, or other activity for self-improvement;
(7) Antenuptial debts of either spouse insofar as they have redounded to the benefit of
the family;
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(8) The value of what is donated or promised by both spouses in favor of their common
legitimate children for the exclusive purpose of commencing or completing a
professional or vocational course or other activity for self-improvement; and
(9) Expenses of litigation between the spouses unless the suit is found to groundless.
If the conjugal partnership is insufficient to cover the foregoing liabilities, the spouses
shall be solidarily liable for the unpaid balance with their separate properties. (161a)
Art. 122. The payment of personal debts contracted by the husband or the wife before or
during the marriage shall not be charged to the conjugal properties partnership except
insofar as they redounded to the benefit of the family.
Neither shall the fines and pecuniary indemnities imposed upon them be charged to the
partnership.
However, the payment of personal debts contracted by either spouse before the
marriage, that of fines and indemnities imposed upon them, as well as the support of
illegitimate children of either spouse, may be enforced against the partnership assets
after the responsibilities enumerated in the preceding Article have been covered, if the
spouse who is bound should have no exclusive property or if it should be insufficient; but
at the time of the liquidation of the partnership, such spouse shall be charged for what
has been paid for the purpose above-mentioned. (163a)
Art. 123. Whatever may be lost during the marriage in any game of chance or in betting,
sweepstakes, or any other kind of gambling whether permitted or prohibited by law, shall
be borne by the loser and shall not be charged to the conjugal partnership but any
winnings therefrom shall form part of the conjugal partnership property. (164a)
Section 5. Administration of the Conjugal Partnership Property
Art. 124. The administration and enjoyment of the conjugal partnership shall belong to
both spouses jointly. In case of disagreement, the husband's decision shall prevail,
subject to recourse to the court by the wife for proper remedy, which must be availed of
within five years from the date of the contract implementing such decision.
In the event that one spouse is incapacitated or otherwise unable to participate in the
administration of the conjugal properties, the other spouse may assume sole powers of
administration. These powers do not include disposition or encumbrance without
authority of the court or the written consent of the other spouse. In the absence of such
authority or consent, the disposition or encumbrance shall be void. However, the
transaction shall be construed as a continuing offer on the part of the consenting spouse
and the third person, and may be perfected as a binding contract upon the acceptance
by the other spouse or authorization by the court before the offer is withdrawn by either
or both offerors. (165a)
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Art. 125. Neither spouse may donate any conjugal partnership property without the
consent of the other. However, either spouse may, without the consent of the other,
make moderate donations from the conjugal partnership property for charity or on
occasions of family rejoicing or family distress. (174a)
Section 6. Dissolution of Conjugal Partnership Regime
Art. 126. The conjugal partnership terminates:
(1) Upon the death of either spouse;
(2) When there is a decree of legal separation;
(3) When the marriage is annulled or declared void; or
(4) In case of judicial separation of property during the marriage under Articles 134 to
138 (175a)
Art. 127. The separation in fact between husband and wife shall not affect the regime of
conjugal partnership, except that:
(1) The spouse who leaves the conjugal home or refuses to live therein, without just
cause, shall not have the right to be supported;
(2) When the consent of one spouse to any transaction of the other is required by law,
judicial authorization shall be obtained in a summary proceeding;
(3) In the absence of sufficient conjugal partnership property, the separate property of
both spouses shall be solidarily liable for the support of the family. The spouse present
shall, upon petition in a summary proceeding, be given judicial authority to administer or
encumber any specific separate property of the other spouse and use the fruits or
proceeds thereof to satisfy the latter's share. (178a)
Art. 128. If a spouse without just cause abandons the other or fails to comply with his or
her obligation to the family, the aggrieved spouse may petition the court for receivership,
for judicial separation of property, or for authority to be the sole administrator of the
conjugal partnership property, subject to such precautionary conditions as the court may
impose.
The obligations to the family mentioned in the preceding paragraph refer to marital,
parental or property relations.
A spouse is deemed to have abandoned the other when he or she has left the conjugal
dwelling without intention of returning. The spouse who has left the conjugal dwelling for
a period of three months or has failed within the same period to give any information as
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to his or her whereabouts shall be prima facie presumed to have no intention of

returning to the conjugal dwelling. (167a, 191a)
Section 7. Liquidation of the Conjugal Partnership Assets and Liabilities
Art. 129. Upon the dissolution of the conjugal partnership regime, the following
procedure shall apply:
(1) An inventory shall be prepared, listing separately all the properties of the conjugal
partnership and the exclusive properties of each spouse.
(2) Amounts advanced by the conjugal partnership in payment of personal debts and
obligations of either spouse shall be credited to the conjugal partnership as an asset
thereof.
(3) Each spouse shall be reimbursed for the use of his or her exclusive funds in the
acquisition of property or for the value of his or her exclusive property, the ownership of
which has been vested by law in the conjugal partnership.
(4) The debts and obligations of the conjugal partnership shall be paid out of the
conjugal assets. In case of insufficiency of said assets, the spouses shall be solidarily
liable for the unpaid balance with their separate properties, in accordance with the
provisions of paragraph (2) of Article 121.
(5) Whatever remains of the exclusive properties of the spouses shall thereafter be
delivered to each of them.
(6) Unless the owner had been indemnified from whatever source, the loss or
deterioration of movables used for the benefit of the family, belonging to either spouse,
even due to fortuitous event, shall be paid to said spouse from the conjugal funds, if any.
(7) The net remainder of the conjugal partnership properties shall constitute the profits,
which shall be divided equally between husband and wife, unless a different proportion
or division was agreed upon in the marriage settlements or unless there has been a
voluntary waiver or forfeiture of such share as provided in this Code.
(8) The presumptive legitimes of the common children shall be delivered upon the
partition in accordance with Article 51.
(9) In the partition of the properties, the conjugal dwelling and the lot on which it is
situated shall, unless otherwise agreed upon by the parties, be adjudicated to the
spouse with whom the majority of the common children choose to remain. Children
below the age of seven years are deemed to have chosen the mother, unless the court
has decided otherwise. In case there is no such majority, the court shall decide, taking
into consideration the best interests of said children. (181a, 182a, 183a, 184a, 185a)
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Art. 130. Upon the termination of the marriage by death, the conjugal partnership
property shall be liquidated in the same proceeding for the settlement of the estate of
the deceased.
If no judicial settlement proceeding is instituted, the surviving spouse shall liquidate the
conjugal partnership property either judicially or extra-judicially within six months from
the death of the deceased spouse. If upon the lapse of the six-month period no
liquidation is made, any disposition or encumbrance involving the conjugal partnership
property of the terminated marriage shall be void.
Should the surviving spouse contract a subsequent marriage without compliance with
the foregoing requirements, a mandatory regime of complete separation of property
shall govern the property relations of the subsequent marriage. (n)
Art. 131. Whenever the liquidation of the conjugal partnership properties of two or more
marriages contracted by the same person before the effectivity of this Code is carried
out simultaneously, the respective capital, fruits and income of each partnership shall be
determined upon such proof as may be considered according to the rules of evidence. In
case of doubt as to which partnership the existing properties belong, the same shall be
divided between the different partnerships in proportion to the capital and duration of
each. (189a)
Art. 132. The Rules of Court on the administration of estates of deceased persons shall
be observed in the appraisal and sale of property of the conjugal partnership, and other
matters which are not expressly determined in this Chapter. (187a)
Art. 133. From the common mass of property support shall be given to the surviving
spouse and to the children during the liquidation of the inventoried property and until
what belongs to them is delivered; but from this shall be deducted that amount received
for support which exceeds the fruits or rents pertaining to them. (188a)
Chapter 5. Separation of Property of the Spouses and Administration of Common

Property by One Spouse During the Marriage
Art. 134. In the absence of an express declaration in the marriage settlements, the
separation of property between spouses during the marriage shall not take place except
by judicial order. Such judicial separation of property may either be voluntary or for
sufficient cause. (190a)
Art. 135. Any of the following shall be considered sufficient cause for judicial separation
of property:
(1) That the spouse of the petitioner has been sentenced to a penalty which carries with
it civil interdiction;
(2) That the spouse of the petitioner has been judicially declared an absentee;
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(3) That loss of parental authority of the spouse of petitioner has been decreed by the
court;
(4) That the spouse of the petitioner has abandoned the latter or failed to comply with
his or her obligations to the family as provided for in Article 101;
(5) That the spouse granted the power of administration in the marriage settlements has
abused that power; and
(6) That at the time of the petition, the spouses have been separated in fact for at least
one year and reconciliation is highly improbable.
In the cases provided for in Numbers (1), (2) and (3), the presentation of the final
judgment against the guilty or absent spouse shall be enough basis for the grant of the
decree of judicial separation of property. (191a)
Art. 136. The spouses may jointly file a verified petition with the court for the voluntary
dissolution of the absolute community or the conjugal partnership of gains, and for the
separation of their common properties.
All creditors of the absolute community or of the conjugal partnership of gains, as well as
the personal creditors of the spouse, shall be listed in the petition and notified of the
filing thereof. The court shall take measures to protect the creditors and other persons
with pecuniary interest. (191a)
Art. 137. Once the separation of property has been decreed, the absolute community or
the conjugal partnership of gains shall be liquidated in conformity with this Code.
During the pendency of the proceedings for separation of property, the absolute
community or the conjugal partnership shall pay for the support of the spouses and their
children. (192a)
Art. 138. After dissolution of the absolute community or of the conjugal partnership, the
provisions on complete separation of property shall apply. (191a)
Art. 139. The petition for separation of property and the final judgment granting the same
shall be recorded in the proper local civil registries and registries of property. (193a)
Art. 140. The separation of property shall not prejudice the rights previously acquired by
creditors. (194a)
Art. 141. The spouses may, in the same proceedings where separation of property was
decreed, file a motion in court for a decree reviving the property regime that existed
between them before the separation of property in any of the following instances:
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(1) When the civil interdiction terminates;
(2) When the absentee spouse reappears;
(3) When the court, being satisfied that the spouse granted the power of administration
in the marriage settlements will not again abuse that power, authorizes the resumption
of said administration;
(4) When the spouse who has left the conjugal home without a decree of legal
separation resumes common life with the other;
(5) When parental authority is judicially restored to the spouse previously deprived
thereof;
(6) When the spouses who have separated in fact for at least one year, reconcile and
resume common life; or
(7) When after voluntary dissolution of the absolute community of property or conjugal
partnership has been judicially decreed upon the joint petition of the spouses, they
agree to the revival of the former property regime. No voluntary separation of property
may thereafter be granted.
The revival of the former property regime shall be governed by Article 67. (195a)
Art. 142. The administration of all classes of exclusive property of either spouse may be
transferred by the court to the other spouse:
(1) When one spouse becomes the guardian of the other;
(2) When one spouse is judicially declared an absentee;
(3) When one spouse is sentenced to a penalty which carries with it civil interdiction; or
(4) When one spouse becomes a fugitive from justice or is in hiding as an accused in a
criminal case.
If the other spouse is not qualified by reason of incompetence, conflict of interest, or any
other just cause, the court shall appoint a suitable person to be the administrator. (n)
Chapter 6. Regime of Separation of Property
Art. 143. Should the future spouses agree in the marriage settlements that their property
relations during marriage shall be governed by the regime of separation of property, the
provisions of this Chapter shall be suppletory. (212a)
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Art. 144. Separation of property may refer to present or future property or both. It may
be total or partial. In the latter case, the property not agreed upon as separate shall
pertain to the absolute community. (213a)
Art. 145. Each spouse shall own, dispose of, possess, administer and enjoy his or her
own separate estate, without need of the consent of the other. To each spouse shall
belong all earnings from his or her profession, business or industry and all fruits, natural,
industrial or civil, due or received during the marriage from his or her separate property.
(214a)
Art. 146. Both spouses shall bear the family expenses in proportion to their income, or,
in case of insufficiency or default thereof, to the current market value of their separate
properties.
The liabilities of the spouses to creditors for family expenses shall, however, be solidary.
(215a)
Chapter 7. Property Regime of Unions Without Marriage
Art. 147. When a man and a woman who are capacitated to marry each other, live
exclusively with each other as husband and wife without the benefit of marriage or under
a void marriage, their wages and salaries shall be owned by them in equal shares and
the property acquired by both of them through their work or industry shall be governed
by the rules on co-ownership.
In the absence of proof to the contrary, properties acquired while they lived together
shall be presumed to have been obtained by their joint efforts, work or industry, and
shall be owned by them in equal shares. For purposes of this Article, a party who did not
participate in the acquisition by the other party of any property shall be deemed to have
contributed jointly in the acquisition thereof if the former's efforts consisted in the care
and maintenance of the family and of the household.
Neither party can encumber or dispose by acts inter vivos of his or her share in the
property acquired during cohabitation and owned in common, without the consent of the
other, until after the termination of their cohabitation.
When only one of the parties to a void marriage is in good faith, the share of the party in
bad faith in the co-ownership shall be forfeited in favor of their common children. In case
of default of or waiver by any or all of the common children or their descendants, each
vacant share shall belong to the respective surviving descendants. In the absence of
descendants, such share shall belong to the innocent party. In all cases, the forfeiture
shall take place upon termination of the cohabitation. (144a)
Art. 148. In cases of cohabitation not falling under the preceding Article, only the
properties acquired by both of the parties through their actual joint contribution of
money, property, or industry shall be owned by them in common in proportion to their
129
respective contributions. In the absence of proof to the contrary, their contributions and
corresponding shares are presumed to be equal. The same rule and presumption shall
apply to joint deposits of money and evidences of credit.
If one of the parties is validly married to another, his or her share in the co-ownership
shall accrue to the absolute community or conjugal partnership existing in such valid
marriage. If the party who acted in bad faith is not validly married to another, his or her
shall be forfeited in the manner provided in the last paragraph of the preceding Article.
The foregoing rules on forfeiture shall likewise apply even if both parties are in both
faith. (144a)
TITLE V
THE FAMILY
Chapter 1. The Family as an Institution
Art. 149. The family, being the foundation of the nation, is a basic social institution which
public policy cherishes and protects. Consequently, family relations are governed by law
and no custom, practice or agreement destructive of the family shall be recognized or
given effect. (216a, 218a)
Art. 50. Family relations include those:
(1) Between husband and wife;
(2) Between parents and children;
(3) Among brothers and sisters, whether of the full or halfblood. (217a)
Art. 151. No suit between members of the same family shall prosper unless it should
appear from the verified complaint or petition that earnest efforts toward a compromise
have been made, but that the same have failed. If it is shown that no such efforts were
in fact made, the same case must be dismissed.
This rules shall not apply to cases which may not be the subject of compromise under
the Civil Code. (222a)
Chapter 2. The Family Home
Art. 152. The family home, constituted jointly by the husband and the wife or by an
unmarried head of a family, is the dwelling house where they and their family reside, and
the land on which it is situated. (223a)
Art. 153. The family home is deemed constituted on a house and lot from the time it is
occupied as a family residence. From the time of its constitution and so long as any of
130
its beneficiaries actually resides therein, the family home continues to be such and is
exempt from execution, forced sale or attachment except as hereinafter provided and to
the extent of the value allowed by law. (223a)
Art. 154. The beneficiaries of a family home are:
(1) The husband and wife, or an unmarried person who is the head of a family; and
(2) Their parents, ascendants, descendants, brothers and sisters, whether the
relationship be legitimate or illegitimate, who are living in the family home and who
depend upon the head of the family for legal support. (226a)
Art. 155. The family home shall be exempt from execution, forced sale or attachment
except:
(1) For nonpayment of taxes;
(2) For debts incurred prior to the constitution of the family home;
(3) For debts secured by mortgages on the premises before or after such constitution;
and
(4) For debts due to laborers, mechanics, architects, builders, materialmen and others
who have rendered service or furnished material for the construction of the building.
(243a)
Art. 156. The family home must be part of the properties of the absolute community or
the conjugal partnership, or of the exclusive properties of either spouse with the latter's
consent. It may also be constituted by an unmarried head of a family on his or her own
property.
Nevertheless, property that is the subject of a conditional sale on installments where

ownership is reserved by the vendor only to guarantee payment of the purchase price
may be constituted as a family home. (227a, 228a)
Art. 157. The actual value of the family home shall not exceed, at the time of its
constitution, the amount of the three hundred thousand pesos in urban areas, and two
hundred thousand pesos in rural areas, or such amounts as may hereafter be fixed by
law.
In any event, if the value of the currency changes after the adoption of this Code, the
value most favorable for the constitution of a family home shall be the basis of
evaluation.
131
For purposes of this Article, urban areas are deemed to include chartered cities and
municipalities whose annual income at least equals that legally required for chartered
cities. All others are deemed to be rural areas. (231a)
Art. 158. The family home may be sold, alienated, donated, assigned or encumbered by
the owner or owners thereof with the written consent of the person constituting the
same, the latter's spouse, and a majority of the beneficiaries of legal age. In case of
conflict, the court shall decide. (235a)
Art. 159. The family home shall continue despite the death of one or both spouses or of
the unmarried head of the family for a period of ten years or for as long as there is a
minor beneficiary, and the heirs cannot partition the same unless the court finds
compelling reasons therefor. This rule shall apply regardless of whoever owns the
property or constituted the family home. (238a)
Art. 160. When a creditor whose claims is not among those mentioned in Article 155
obtains a judgment in his favor, and he has reasonable grounds to believe that the
family home is actually worth more than the maximum amount fixed in Article 157, he
may apply to the court which rendered the judgment for an order directing the sale of the
property under execution. The court shall so order if it finds that the actual value of the
family home exceeds the maximum amount allowed by law as of the time of its
constitution. If the increased actual value exceeds the maximum allowed in Article 157
and results from subsequent voluntary improvements introduced by the person or
persons constituting the family home, by the owner or owners of the property, or by any
of the beneficiaries, the same rule and procedure shall apply.
At the execution sale, no bid below the value allowed for a family home shall be
considered. The proceeds shall be applied first to the amount mentioned in Article 157,
and then to the liabilities under the judgment and the costs. The excess, if any, shall be
delivered to the judgment debtor. (247a, 248a)
Art. 161. For purposes of availing of the benefits of a family home as provided for in this
Chapter, a person may constitute, or be the beneficiary of, only one family home. (n)
Art. 162. The provisions in this Chapter shall also govern existing family residences
insofar as said provisions are applicable. (n)
TITLE VI
PATERNITY AND FILIATION
Chapter 1. Legitimate Children
Art. 163. The filiation of children may be by nature or by adoption. Natural filiation may
be legitimate or illegitimate. (n)
Art. 164. Children conceived or born during the marriage of the parents are legitimate.
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Children conceived as a result of artificial insemination of the wife with the sperm of the
husband or that of a donor or both are likewise legitimate children of the husband and
his wife, provided, that both of them authorized or ratified such insemination in a written
instrument executed and signed by them before the birth of the child. The instrument
shall be recorded in the civil registry together with the birth certificate of the child. (55a,
258a)
Art. 165. Children conceived and born outside a valid marriage are illegitimate, unless
otherwise provided in this Code. (n)
Art. 166. Legitimacy of a child may be impugned only on the following grounds:
(1) That it was physically impossible for the husband to have sexual intercourse with his
wife within the first 120 days of the 300 days which immediately preceded the birth of
the child because of:
(a) the physical incapacity of the husband to have sexual intercourse with his wife;
(b) the fact that the husband and wife were living separately in such a way that sexual
intercourse was not possible; or
(c) serious illness of the husband, which absolutely prevented sexual intercourse;
(2) That it is proved that for biological or other scientific reasons, the child could not
have been that of the husband, except in the instance provided in the second paragraph
of Article 164; or
(3) That in case of children conceived through artificial insemination, the written
authorization or ratification of either parent was obtained through mistake, fraud,
violence, intimidation, or undue influence. (255a)
Art. 167. The child shall be considered legitimate although the mother may have
declared against its legitimacy or may have been sentenced as an adulteress. (256a)
Art. 168. If the marriage is terminated and the mother contracted another marriage
within three hundred days after such termination of the former marriage, these rules
shall govern in the absence of proof to the contrary:
(1) A child born before one hundred eighty days after the solemnization of the
subsequent marriage is considered to have been conceived during the former marriage,
provided it be born within three hundred days after the termination of the former
marriage;
(2) A child born after one hundred eighty days following the celebration of the
subsequent marriage is considered to have been conceived during such marriage, even
133
though it be born within the three hundred days after the termination of the former
marriage. (259a)
Art. 169. The legitimacy or illegitimacy of a child born after three hundred days following
the termination of the marriage shall be proved by whoever alleges such legitimacy or
illegitimacy. (261a)
Art. 170. The action to impugn the legitimacy of the child shall be brought within one
year from the knowledge of the birth or its recording in the civil register, if the husband
or, in a proper case, any of his heirs, should reside in the city or municipality where the
birth took place or was recorded.
If the husband or, in his default, all of his heirs do not reside at the place of birth as
defined in the first paragraph or where it was recorded, the period shall be two years if
they should reside in the Philippines; and three years if abroad. If the birth of the child
has been concealed from or was unknown to the husband or his heirs, the period shall
be counted from the discovery or knowledge of the birth of the child or of the fact of
registration of said birth, whichever is earlier. (263a)
Art. 171. The heirs of the husband may impugn the filiation of the child within the period
prescribed in the preceding article only in the following cases:
(1) If the husband should died before the expiration of the period fixed for bringing his
action;
(2) If he should die after the filing of the complaint without having desisted therefrom; or
(3) If the child was born after the death of the husband. (262a)
Chapter 2. Proof of Filiation
Art. 172. The filiation of legitimate children is established by any of the following:
(1) The record of birth appearing in the civil register or a final judgment; or
(2) An admission of legitimate filiation in a public document or a private handwritten

instrument and signed by the parent concerned.
In the absence of the foregoing evidence, the legitimate filiation shall be proved by:
(1) The open and continuous possession of the status of a legitimate child; or
(2) Any other means allowed by the Rules of Court and special laws. (265a, 266a, 267a)
Art. 173. The action to claim legitimacy may be brought by the child during his or her
lifetime and shall be transmitted to the heirs should the child die during minority or in a
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state of insanity. In these cases, the heirs shall have a period of five years within which
to institute the action.
Art. 174. Legitimate children shall have the right:
(1) To bear the surnames of the father and the mother, in conformity with the provisions
of the Civil Code on Surnames;
(2) To receive support from their parents, their ascendants, and in proper cases, their
brothers and sisters, in conformity with the provisions of this Code on Support; and
(3) To be entitled to the legitimate and other successional rights granted to them by the
Civil Code. (264a)
Chapter 3. Illegitimate Children
Art. 175. Illegitimate children may establish their illegitimate filiation in the same way and
on the same evidence as legitimate children.
The action must be brought within the same period specified in Article 173, except when
the action is based on the second paragraph of Article 172, in which case the action
may be brought during the lifetime of the alleged parent. (289a)
Art. 176. Illegitimate children shall use the surname and shall be under the parental
authority of their mother, and shall be entitled to support in conformity with this Code.
The legitime of each illegitimate child shall consist of one-half of the legitime of a
legitimate child. Except for this modification, all other provisions in the Civil Code
governing successional rights shall remain in force. (287a)
Chapter 4. Legitimated Children
Art. 177. Only children conceived and born outside of wedlock of parents who, at the
time of the conception of the former, were not disqualified by any impediment to marry
each other may be legitimated. (269a)
Art. 178. Legitimation shall take place by a subsequent valid marriage between parents.
The annulment of a viodable marriage shall not affect the legitimation. (270a)
Art. 179. Legitimated children shall enjoy the same rights as legitimate children. (272a)
Art. 180. The effects of legitimation shall retroact to the time of the child's birth. (273a)
Art. 181. The legitimation of children who died before the celebration of the marriage
shall benefit their descendants. (274)
135
Art. 182. Legitimation may be impugned only by those who are prejudiced in their rights,
within five years from the time their cause of action accrues. (275a)
TITLE VII
ADOPTION
Art. 183. A person of age and in possession of full civil capacity and legal rights may
adopt, provided he is in a position to support and care for his children, legitimate or
illegitimate, in keeping with the means of the family.
Only minors may be adopted, except in the cases when the adoption of a person of
majority age is allowed in this Title.
In addition, the adopter must be at least sixteen years older than the person to be
adopted, unless the adopter is the parent by nature of the adopted, or is the spouse of
the legitimate parent of the person to be adopted. (27a, EO 91 and PD 603)
Art. 184. The following persons may not adopt:
(1) The guardian with respect to the ward prior to the approval of the final accounts
rendered upon the termination of their guardianship relation;
(2) Any person who has been convicted of a crime involving moral turpitude;
(3) An alien, except:
(a) A former Filipino citizen who seeks to adopt a relative by consanguinity;
(b) One who seeks to adopt the legitimate child of his or her Filipino spouse; or
(c) One who is married to a Filipino citizen and seeks to adopt jointly with his or her
spouse a relative by consanguinity of the latter.
Aliens not included in the foregoing exceptions may adopt Filipino children in
accordance with the rules on inter-country adoptions as may be provided by law. (28a,
EO 91 and PD 603)
Art. 185. Husband and wife must jointly adopt, except in the following cases:
(1) When one spouse seeks to adopt his own illegitimate child; or
(2) When one spouse seeks to adopt the legitimate child of the other. (29a, EO 91 and
PD 603)
136
Art. 186. In case husband and wife jointly adopt or one spouse adopts the legitimate
child of the other, joint parental authority shall be exercised by the spouses in
accordance with this Code. (29a, EO and PD 603)
Art. 187. The following may not be adopted:
(1) A person of legal age, unless he or she is a child by nature of the adopter or his or
her spouse, or, prior to the adoption, said person has been consistently considered and
treated by the adopter as his or her own child during minority.
(2) An alien with whose government the Republic of the Philippines has no diplomatic
relations; and
(3) A person who has already been adopted unless such adoption has been previously
revoked or rescinded. (30a, EO 91 and PD 603)
Art. 188. The written consent of the following to the adoption shall be necessary:
(1) The person to be adopted, if ten years of age or over,
(2) The parents by nature of the child, the legal guardian, or the proper government
instrumentality;
(3) The legitimate and adopted children, ten years of age or over, of the adopting parent
or parents;
(4) The illegitimate children, ten years of age or over, of the adopting parent, if living with
said parent and the latter's spouse, if any; and
(5) The spouse, if any, of the person adopting or to be adopted. (31a, EO 91 and PD
603)
Art. 189. Adoption shall have the following effects:
(1) For civil purposes, the adopted shall be deemed to be a legitimate child of the
adopters and both shall acquire the reciprocal rights and obligations arising from the
relationship of parent and child, including the right of the adopted to use the surname of
the adopters;
(2) The parental authority of the parents by nature over the adopted shall terminate and
be vested in the adopters, except that if the adopter is the spouse of the parent by
nature of the adopted, parental authority over the adopted shall be exercised jointly by
both spouses; and
(3) The adopted shall remain an intestate heir of his parents and other blood relatives.
(39(1)a, (3)a, PD 603)
137
Art. 190. Legal or intestate succession to the estate of the adopted shall be governed by
the following rules:
(1) Legitimate and illegitimate children and descendants and the surviving spouse of the
adopted shall inherit from the adopted, in accordance with the ordinary rules of legal or
intestate succession;
(2) When the parents, legitimate or illegitimate, or the legitimate ascendants of the
adopted concur with the adopter, they shall divide the entire estate, one-half to be
inherited by the parents or ascendants and the other half, by the adopters;
(3) When the surviving spouse or the illegitimate children of the adopted concur with the
adopters, they shall divide the entire estate in equal shares, one-half to be inherited by
the spouse or the illegitimate children of the adopted and the other half, by the adopters.
(4) When the adopters concur with the illegitimate children and the surviving spouse of
the adopted, they shall divide the entire estate in equal shares, one-third to be inherited
by the illegitimate children, one-third by the surviving spouse, and one-third by the
adopters;
(5) When only the adopters survive, they shall inherit the entire estate; and
(6) When only collateral blood relatives of the adopted survive, then the ordinary rules of
legal or intestate succession shall apply. (39(4)a, PD 603)
Art. 191. If the adopted is a minor or otherwise incapacitated, the adoption may be
judicially rescinded upon petition of any person authorized by the court or proper
government instrumental acting on his behalf, on the same grounds prescribed for loss
or suspension of parental authority. If the adopted is at least eighteen years of age, he
may petition for judicial rescission of the adoption on the same grounds prescribed for
disinheriting an ascendant. (40a, PD 603)
Art. 192. The adopters may petition the court for the judicial rescission of the adoption in
any of the following cases:
(1) If the adopted has committed any act constituting ground for disinheriting a
descendant; or
(2) When the adopted has abandoned the home of the adopters during minority for at
least one year, or, by some other acts, has definitely repudiated the adoption. (41a, PD
603)
Art. 193. If the adopted minor has not reached the age of majority at the time of the
judicial rescission of the adoption, the court in the same proceeding shall reinstate the
parental authority of the parents by nature, unless the latter are disqualified or
138
incapacitated, in which case the court shall appoint a guardian over the person and
property of the minor. If the adopted person is physically or mentally handicapped, the
court shall appoint in the same proceeding a guardian over his person or property or
both.
Judicial rescission of the adoption shall extinguish all reciprocal rights and obligations
between the adopters and the adopted arising from the relationship of parent and child.
The adopted shall likewise lose the right to use the surnames of the adopters and shall
resume his surname prior to the adoption.
The court shall accordingly order the amendment of the records in the proper registries.
(42a, PD 603)
TITLE VIII
SUPPORT
Art. 194. Support compromises everything indispensable for sustenance, dwelling,

clothing, medical attendance, education and transportation, in keeping with the financial
capacity of the family.
The education of the person entitled to be supported referred to in the preceding

paragraph shall include his schooling or training for some profession, trade or vocation,
even beyond the age of majority. Transportation shall include expenses in going to and
from school, or to and from place of work. (290a)
Art. 105. Subject to the provisions of the succeeding articles, the following are obliged to
support each other to the whole extent set forth in the preceding article:
(1) The spouses;
(2) Legitimate ascendants and descendants;
(3) Parents and their legitimate children and the legitimate and illegitimate children of the
latter;
(4) Parents and their illegitimate children and the legitimate and illegitimate children of
the latter; and
(5) Legitimate brothers and sisters, whether of full or half-blood (291a)
Art. 196. Brothers and sisters not legitimately related, whether of the full or half-blood,
are likewise bound to support each other to the full extent set forth in Article 194, except
only when the need for support of the brother or sister, being of age, is due to a cause
imputable to the claimant's fault or negligence. (291a)
139
Art. 197. In case of legitimate ascendants; descendants, whether legitimate or

illegitimate; and brothers and sisters, whether legitimately or illegitimately related, only
the separate property of the person obliged to give support shall be answerable
provided that in case the obligor has no separate property, the absolute community or
the conjugal partnership, if financially capable, shall advance the support, which shall be
deducted from the share of the spouse obliged upon the liquidation of the absolute
community or of the conjugal partnership. (n)
Art. 198. During the proceedings for legal separation or for annulment of marriage, and
for declaration of nullity of marriage, the spouses and their children shall be supported
from the properties of the absolute community or the conjugal partnership. After the final
judgment granting the petition, the obligation of mutual support between the spouses
ceases. However, in case of legal separation, the court may order that the guilty spouse
shall give support to the innocent one, specifying the terms of such order. (292a)
Art. 199. Whenever two or more persons are obliged to give support, the liability shall
devolve upon the following persons in the order herein provided:
(1) The spouse;
(2) The descendants in the nearest degree;
(3) The ascendants in the nearest degree; and
(4) The brothers and sisters. (294a)
Art. 200. When the obligation to give support falls upon two or more persons, the
payment of the same shall be divided between them in proportion to the resources of
each.
However, in case of urgent need and by special circumstances, the judge may order
only one of them to furnish the support provisionally, without prejudice to his right to
claim from the other obligors the share due from them.
When two or more recipients at the same time claim support from one and the same
person legally obliged to give it, should the latter not have sufficient means to satisfy all
claims, the order established in the preceding article shall be followed, unless the
concurrent obligees should be the spouse and a child subject to parental authority, in
which case the child shall be preferred. (295a)
Art. 201. The amount of support, in the cases referred to in Articles 195 and 196, shall
be in proportion to the resources or means of the giver and to the necessities of the
recipient. (296a)
Art. 202. Support in the cases referred to in the preceding article shall be reduced or
increased proportionately, according to the reduction or increase of the necessities of
140
the recipient and the resources or means of the person obliged to furnish the same.
(297a)
Art. 203. The obligation to give support shall be demandable from the time the person
who has a right to receive the same needs it for maintenance, but it shall not be paid
except from the date of judicial or extrajudicial demand.
Support pendente lite may be claimed in accordance with the Rules of Court.
Payment shall be made within the first five days of each corresponding month or when
the recipient dies, his heirs shall not be obliged to return what he has received in
advance. (298a)
Art. 204. The person obliged to give support shall have the option to fulfill the obligation
either by paying the allowance fixed, or by receiving and maintaining in the family
dwelling the person who has a right to receive support. The latter alternative cannot be
availed of in case there is a moral or legal obstacle thereto. (299a)
Art. 205. The right to receive support under this Title as well as any money or property
obtained as such support shall not be levied upon on attachment or execution. (302a)
Art. 206. When, without the knowledge of the person obliged to give support, it is given
by a stranger, the latter shall have a right to claim the same from the former, unless it
appears that he gave it without intention of being reimbursed. (2164a)
Art. 207. When the person obliged to support another unjustly refuses or fails to give
support when urgently needed by the latter, any third person may furnish support to the
needy individual, with right of reimbursement from the person obliged to give support.
This Article shall particularly apply when the father or mother of a child under the age of
majority unjustly refuses to support or fails to give support to the child when urgently
needed. (2166a)
Art. 208. In case of contractual support or that given by will, the excess in amount
beyond that required for legal support shall be subject to levy on attachment or
execution.
Furthermore, contractual support shall be subject to adjustment whenever modification

is necessary due to changes of circumstances manifestly beyond the contemplation of
the parties. (n)
TITLE IX
PARENTAL AUTHORITY
Chapter 1. General Provisions
141
Art. 209. Pursuant to the natural right and duty of parents over the person and property
of their unemancipated children, parental authority and responsibility shall include the
caring for and rearing them for civic consciousness and efficiency and the development
of their moral, mental and physical character and well-being. (n)
Art. 210. Parental authority and responsibility may not be renounced or transferred
except in the cases authorized by law. (313a)
Art. 211. The father and the mother shall jointly exercise parental authority over the
persons of their common children. In case of disagreement, the father's decision shall
prevail, unless there is a judicial order to the contrary.
Children shall always observe respect and reverence towards their parents and are
obliged to obey them as long as the children are under parental authority. (311a)
Art. 212. In case of absence or death of either parent, the parent present shall continue
exercising parental authority. The remarriage of the surviving parent shall not affect the
parental authority over the children, unless the court appoints another person to be the
guardian of the person or property of the children. (n)
Art. 213. In case of separation of the parents, parental authority shall be exercised by
the parent designated by the Court. The Court shall take into account all relevant
considerations, especially the choice of the child over seven years of age, unless the
parent chosen is unfit. (n)
Art. 214. In case of death, absence or unsuitability of the parents, substitute parental
authority shall be exercised by the surviving grandparent. In case several survive, the
one designated by the court, taking into account the same consideration mentioned in
the preceding article, shall exercise the authority. (355a)
Art. 215. No descendant shall be compelled, in a criminal case, to testify against his
parents and grandparents, except when such testimony is indispensable in a crime
against the descendant or by one parent against the other. (315a)
Chapter 2. Substitute and Special Parental Authority
Art. 216. In default of parents or a judicially appointed guardian, the following person
shall exercise substitute parental authority over the child in the order indicated:
(1) The surviving grandparent, as provided in Art. 214;
(2) The oldest brother or sister, over twenty-one years of age, unless unfit or
disqualified; and
(3) The child's actual custodian, over twenty-one years of age, unless unfit or
disqualified.
142
Whenever the appointment or a judicial guardian over the property of the child becomes
necessary, the same order of preference shall be observed. (349a, 351a, 354a)
Art. 217. In case of foundlings, abandoned neglected or abused children and other
children similarly situated, parental authority shall be entrusted in summary judicial
proceedings to heads of children's homes, orphanages and similar institutions duly
accredited by the proper government agency. (314a)
Art. 218. The school, its administrators and teachers, or the individual, entity or
institution engaged in child are shall have special parental authority and responsibility
over the minor child while under their supervision, instruction or custody.
Authority and responsibility shall apply to all authorized activities whether inside or
outside the premises of the school, entity or institution. (349a)
Art. 219. Those given the authority and responsibility under the preceding Article shall
be principally and solidarily liable for damages caused by the acts or omissions of the
unemancipated minor. The parents, judicial guardians or the persons exercising
substitute parental authority over said minor shall be subsidiarily liable.
The respective liabilities of those referred to in the preceding paragraph shall not apply if
it is proved that they exercised the proper diligence required under the particular
circumstances.
All other cases not covered by this and the preceding articles shall be governed by the
provisions of the Civil Code on quasi-delicts. (n)
Chapter 3. Effect of Parental Authority

Upon the Persons of the Children
Art. 220. The parents and those exercising parental authority shall have with the respect
to their unemancipated children on wards the following rights and duties:
(1) To keep them in their company, to support, educate and instruct them by right
precept and good example, and to provide for their upbringing in keeping with their
means;
(2) To give them love and affection, advice and counsel, companionship and
understanding;
(3) To provide them with moral and spiritual guidance, inculcate in them honesty,
integrity, self-discipline, self-reliance, industry and thrift, stimulate their interest in civic
affairs, and inspire in them compliance with the duties of citizenship;
143
(4) To furnish them with good and wholesome educational materials, supervise their
activities, recreation and association with others, protect them from bad company, and
prevent them from acquiring habits detrimental to their health, studies and morals;
(5) To represent them in all matters affecting their interests;
(6) To demand from them respect and obedience;
(7) To impose discipline on them as may be required under the circumstances; and
(8) To perform such other duties as are imposed by law upon parents and guardians.
(316a)
Art. 221. Parents and other persons exercising parental authority shall be civilly liable for
the injuries and damages caused by the acts or omissions of their unemancipated
children living in their company and under their parental authority subject to the
appropriate defenses provided by law. (2180(2)a and (4)a )
Art. 222. The courts may appoint a guardian of the child's property or a guardian ad
litem when the best interests of the child so requires. (317)
Art. 223. The parents or, in their absence or incapacity, the individual, entity or institution
exercising parental authority, may petition the proper court of the place where the child
resides, for an order providing for disciplinary measures over the child. The child shall
be entitled to the assistance of counsel, either of his choice or appointed by the court,
and a summary hearing shall be conducted wherein the petitioner and the child shall be
heard.
However, if in the same proceeding the court finds the petitioner at fault, irrespective of
the merits of the petition, or when the circumstances so warrant, the court may also
order the deprivation or suspension of parental authority or adopt such other measures
as it may deem just and proper. (318a)
Art. 224. The measures referred to in the preceding article may include the commitment
of the child for not more than thirty days in entities or institutions engaged in child care
or in children's homes duly accredited by the proper government agency.
The parent exercising parental authority shall not interfere with the care of the child
whenever committed but shall provide for his support. Upon proper petition or at its own
instance, the court may terminate the commitment of the child whenever just and proper.
(391a)
Chapter 4. Effect of Parental Authority

Upon the Property of the Children
144
Art. 225. The father and the mother shall jointly exercise legal guardianship over the
property of the unemancipated common child without the necessity of a court
appointment. In case of disagreement, the father's decision shall prevail, unless there is
a judicial order to the contrary.
Where the market value of the property or the annual income of the child exceeds
P50,000, the parent concerned shall be required to furnish a bond in such amount as
the court may determine, but not less than ten per centum (10%) of the value of the
property or annual income, to guarantee the performance of the obligations prescribed
for general guardians.
A verified petition for approval of the bond shall be filed in the proper court of the place
where the child resides, or, if the child resides in a foreign country, in the proper court of
the place where the property or any part thereof is situated.
The petition shall be docketed as a summary special proceeding in which all incidents
and issues regarding the performance of the obligations referred to in the second
paragraph of this Article shall be heard and resolved.
The ordinary rules on guardianship shall be merely suppletory except when the child is
under substitute parental authority, or the guardian is a stranger, or a parent has
remarried, in which case the ordinary rules on guardianship shall apply. (320a)
Art. 226. The property of the unemancipated child earned or acquired with his work or
industry or by onerous or gratuitous title shall belong to the child in ownership and shall
be devoted exclusively to the latter's support and education, unless the title or transfer
provides otherwise.
The right of the parents over the fruits and income of the child's property shall be limited
primarily to the child's support and secondarily to the collective daily needs of the family.
(321a, 323a)
Art. 227. If the parents entrust the management or administration of any of their
properties to an unemancipated child, the net proceeds of such property shall belong to
the owner. The child shall be given a reasonable monthly allowance in an amount not
less than that which the owner would have paid if the administrator were a stranger,
unless the owner, grants the entire proceeds to the child. In any case, the proceeds thus
give in whole or in part shall not be charged to the child's legitime. (322a)
Chapter 5. Suspension or Termination of Parental Authority
Art. 228. Parental authority terminates permanently:
(1) Upon the death of the parents;
(2) Upon the death of the child; or
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(3) Upon emancipation of the child. (327a)
Art. 229. Unless subsequently revived by a final judgment, parental authority also
terminates:
(1) Upon adoption of the child;
(2) Upon appointment of a general guardian;
(3) Upon judicial declaration of abandonment of the child in a case filed for the purpose;
(4) Upon final judgment of a competent court divesting the party concerned of parental
authority; or
(5) Upon judicial declaration of absence or incapacity of the person exercising parental
authority. (327a)
Art. 230. Parental authority is suspended upon conviction of the parent or the person
exercising the same of a crime which carries with it the penalty of civil interdiction. The
authority is automatically reinstated upon service of the penalty or upon pardon or
amnesty of the offender. (330a)
Art. 231. The court in an action filed for the purpose in a related case may also suspend
parental authority if the parent or the person exercising the same:
(1) Treats the child with excessive harshness or cruelty;
(2) Gives the child corrupting orders, counsel or example;
(3) Compels the child to beg; or
(4) Subjects the child or allows him to be subjected to acts of lasciviousness.
The grounds enumerated above are deemed to include cases which have resulted from
culpable negligence of the parent or the person exercising parental authority.
lawphi1.net
If the degree of seriousness so warrants, or the welfare of the child so demands, the
court shall deprive the guilty party of parental authority or adopt such other measures as
may be proper under the circumstances.
The suspension or deprivation may be revoked and the parental authority revived in a
case filed for the purpose or in the same proceeding if the court finds that the cause
therefor has ceased and will not be repeated. (33a)
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Art. 232. If the person exercising parental authority has subjected the child or allowed
him to be subjected to sexual abuse, such person shall be permanently deprived by the
court of such authority. (n)
Art. 233. The person exercising substitute parental authority shall have the same
authority over the person of the child as the parents.
In no case shall the school administrator, teacher of individual engaged in child care
exercising special parental authority inflict corporal punishment upon the child. (n)
TITLE X
EMANCIPATION AND AGE OF MAJORITY
Art. 234. Emancipation takes place by the attainment of majority. Unless otherwise
provided, majority commences at the age of twenty-one years.
Emancipation also takes place:
(1) By the marriage of the minor; or
(2) By the recording in the Civil Register of an agreement in a public instrument

executed by the parent exercising parental authority and the minor at least eighteen
years of age. Such emancipation shall be irrevocable. (397a, 398a, 400a, 401a)
Art. 235. The provisions governing emancipation by recorded agreement shall also
apply to an orphan minor and the person exercising parental authority but the
agreement must be approved by the court before it is recorded. (n)
Art. 236. Emancipation for any cause shall terminate parental authority over the person
and property of the child who shall then be qualified and responsible for all acts of civil
life. (412a)
Art. 237. The annulment or declaration of nullity of the marriage of a minor or of the
recorded agreement mentioned in the foregoing. Articles 234 and 235 shall revive the
parental authority over the minor but shall not affect acts and transactions that took
place prior to the recording of the final judgment in the Civil Register. (n)
TITLE XI
SUMMARY JUDICIAL PROCEEDINGS IN THE FAMILY LAW
Chapter 1. Prefatory Provisions
Art. 238. Until modified by the Supreme Court, the procedural rules provided for in this
Title shall apply as regards separation in fact between husband and wife, abandonment
by one of the other, and incidents involving parental authority. (n)
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Chapter 2. Separation in Fact
Art. 239. When a husband and wife are separated in fact, or one has abandoned the
other and one of them seeks judicial authorization for a transaction where the consent of
the other spouse is required by law but such consent is withheld or cannot be obtained,
a verified petition may be filed in court alleging the foregoing facts.
The petition shall attach the proposed deed, if any, embodying the transaction, and, if
none, shall describe in detail the said transaction and state the reason why the required
consent thereto cannot be secured. In any case, the final deed duly executed by the
parties shall be submitted to and approved by the court. (n)
Art. 240. Claims for damages by either spouse, except costs of the proceedings, may be
litigated only in a separate action. (n)
Art. 241. Jurisdiction over the petition shall, upon proof of notice to the other spouse, be
exercised by the proper court authorized to hear family cases, if one exists, or in the
regional trial court or its equivalent sitting in the place where either of the spouses
resides. (n)
Art. 242. Upon the filing of the petition, the court shall notify the other spouse, whose
consent to the transaction is required, of said petition, ordering said spouse to show
cause why the petition should not be granted, on or before the date set in said notice for
the initial conference. The notice shall be accompanied by a copy of the petition and
shall be served at the last known address of the spouse concerned. (n)
Art. 243. A preliminary conference shall be conducted by the judge personally without
the parties being assisted by counsel. After the initial conference, if the court deems it
useful, the parties may be assisted by counsel at the succeeding conferences and
hearings. (n)
Art. 244. In case of non-appearance of the spouse whose consent is sought, the court
shall inquire into the reasons for his failure to appear, and shall require such
appearance, if possible. (n)
Art. 245. If, despite all efforts, the attendance of the non-consenting spouse is not
secured, the court may proceed ex parte and render judgment as the facts and
circumstances may warrant. In any case, the judge shall endeavor to protect the
interests of the non-appearing spouse. (n)
Art. 246. If the petition is not resolved at the initial conference, said petition shall be
decided in a summary hearing on the basis of affidavits, documentary evidence or oral
testimonies at the sound discretion of the court. If testimony is needed, the court shall
specify the witnesses to be heard and the subject-matter of their testimonies, directing
the parties to present said witnesses. (n)
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Art. 247. The judgment of the court shall be immediately final and executory. (n)
Art. 248. The petition for judicial authority to administer or encumber specific separate
property of the abandoning spouse and to use the fruits or proceeds thereof for the
support of the family shall also be governed by these rules. (n)
Chapter 3. Incidents Involving Parental Authority
Art. 249. Petitions filed under Articles 223, 225 and 235 of this Code involving parental
authority shall be verified.. (n)
Art. 250. Such petitions shall be verified and filed in the proper court of the place where
the child resides. (n)
Art. 251. Upon the filing of the petition, the court shall notify the parents or, in their
absence or incapacity, the individuals, entities or institutions exercising parental
authority over the child. (n)
Art. 252. The rules in Chapter 2 hereof shall also govern summary proceedings under
this Chapter insofar as they are applicable. (n)
TITLE XII
FINAL PROVISIONS
Art. 253. Titles III, IV, V, VI, VIII, IX, XI, and XV of Book 1 of Republic Act No. 386,
otherwise known as the Civil Code of the Philippines, as amended, and Articles 17, 18,
19, 27, 28, 29, 30, 31, 39, 40, 41, and 42 of Presidential Decree No. 603, otherwise
known as the Child and Youth Welfare Code, as amended, and all laws, decrees,
executive orders, proclamations, rules and regulations, or parts thereof, inconsistent
herewith are hereby repealed.
Art. 254. If any provision of this Code is held invalid, all the other provisions not affected
thereby shall remain valid.
Art. 255. This Code shall have retroactive effect insofar as it does not prejudice or impair
vested or acquired rights in accordance with the Civil Code or other laws.
Art. 265. This Code shall take effect one year after the completion of its publication in a
newspaper of general circulation, as certified by the Executive Secretary, Office of the
President.
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Excerpts The Family Code of the Philippines

Reporters:
Cristel Vine Clapero
Katrina Taer
Daryll Dave Puno
Q&A
1.Explain the meaning of “Special Parental Authority and Responsibility” over the minor
child in article 218.
In the article 218, it is stated that the student is under the supervision of the school, the
administrators and the teachers and responsible to take charge the responsibility of a
parent while they are in school. Everyday when parents send their kids off to school,
they trust teachers and other school officials to care for their children’s safety and well-
being as well as their learning. Teachers have a wide range of responsibilities to
students that come from a variety of federal, state, and other local laws and regulations.
And there must be clearly allocated specific responsibilities to staff member to undertake
student supervision as determined by the needs of the school to protect students from
reasonably, foreseeable risks of injury including hazard that are known and could have
been foreseen and prevented.
2. Cite violations of article 233.

 Should not be humiliated
 Beating
 Uttering harsh words
 Banishment
 Child abuse
 Degrading
3. Is there any provision that strikes you? If yes, explain why?

For us, there’s none because we are abiding the laws.
4. Research on decided cases of teachers violating the provision on “Special Parental

Authority”. Share your findings with the class.
The petitioner, a public schoolteacher, was charged with and found guilty of child abuse,
a violation of Republic Act No. 7610. The victim was her own Grade 1 pupil whom she
1
physically maltreated for having accidentally bumped her knee while she was drowsing
off on a bamboo sofa as he entered the classroom. Her maltreatment left him with
physical injuries, as duly certified by a physician.
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Whether or not the petitioner thereby committed child abuse is the question that this
appeal must determine, in light of the Court's pronouncement in Bongalon v. People of
the Philippines that:
2
Not every instance of the laying of hands on a child constitutes the crime of child abuse
under Section 10 (a) of Republic Act No. 7610. Only when the laying of hands is shown
beyond reasonable doubt to be intended by the accused to debase, degrade or demean
the intrinsic worth and dignity of the child as a human being should it be punished as
child abuse. Otherwise, it is punished under the Revised Penal Code.
151
Republic Act 7610
Special Protection of Children Against Abuse, Exploitation and Discrimination Act
AN ACT PROVIDING FOR STRONGER DETERRENCE AND SPECIAL PROTECTION

AGAINST CHILD ABUSE, EXPLOITATION AND DISCRIMINATION, PROVIDING
PENALTIES FOR ITS VIOLATION AND FOR OTHER PURPOSES.
ARTICLE ITitle, Policy, Principles and Definitions of Terms

Section 1. Title. - This Act shall be known as the "Special Protection of Children Against
Abuse, Exploitation and Discrimination Act."
Sec. 2. Declaration of State Policy and Principles. - It is hereby declared to be the policy
of the State to provide special protection to children from all firms of abuse, neglect,
cruelty exploitation and discrimination and other conditions, prejudicial their
development; provide sanctions for their commission and carry out a program for
prevention and deterrence of and crisis intervention in situations of child abuse,
exploitation and discrimination. The State shall intervene on behalf of the child when the
parent, guardian, teacher or person having care or custody of the child fails or is unable
to protect the child against abuse, exploitation and discrimination or when such acts
against the child are committed by the said parent, guardian, teacher or person having
care and custody of the same.
It shall be the policy of the State to protect and rehabilitate children gravely threatened
or endangered by circumstances which affect or will affect their survival and normal
development and over which they have no control.
The best interests of children shall be the paramount consideration in all actions
concerning them, whether undertaken by public or private social welfare institutions,
courts of law, administrative authorities, and legislative bodies, consistent with the
principle of First Call for Children as enunciated in the United Nations Convention of the
Rights of the Child. Every effort shall be exerted to promote the welfare of children and
enhance their opportunities for a useful and happy life.
Sec. 3. Definition of Terms. -
(a) "Children" refers to person below eighteen (18) years of age or those 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;
(b) "Child abuse" refers to the maltreatment, whether habitual or not, of the child which
includes any of the following:
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(1) Psychological and physical abuse, neglect, cruelty, sexual abuse and emotional
maltreatment;
(2) Any act by deeds or words which debases, degrades or demeans the intrinsic worth
and dignity of a child as a human being;
(3) Unreasonable deprivation of his basic needs for survival, such as food and shelter;
or
(4) Failure to immediately give medical treatment to an injured child resulting in serious
impairment of his growth and development or in his permanent incapacity or death.
(c) "Circumstances which gravely threaten or endanger the survival and normal
development of children" include, but are not limited to, the following:
(1) Being in a community where there is armed conflict or being affected by armed
conflict-related activities;
(2) Working under conditions hazardous to life, safety and normal which unduly interfere
with their normal development;
(3) Living in or fending for themselves in the streets of urban or rural areas without the
care of parents or a guardian or basic services needed for a good quality of life;
(4) Being a member of a indigenous cultural community and/or living under conditions of
extreme poverty or in an area which is underdeveloped and/or lacks or has inadequate
access to basic services needed for a good quality of life;
(5) Being a victim of a man-made or natural disaster or calamity; or
(6) Circumstances analogous to those above-stated which endanger the life, safety or
normal development of children.
(d) "Comprehensive program against child abuse, exploitation and discrimination" refers
to the coordinated program of services and facilities to protected children against:
(1) Child Prostitution and other sexual abuse
(2) Child trafficking;
(3) Obscene publications and indecent shows;
(4) Other acts of abuses; and
(5) Circumstances which threaten or endanger the survival and normal development of
children.
ARTICLE II Program on Child Abuse, Exploitation and Discrimination
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Sec. 4. Formulation of the Program. - There shall be a comprehensive program to be

formulated, by the Department of Justice and the Department of Social Welfare and
Development in coordination with other government agencies and private sector
concerned, within one (1) year from the effectivity of this Act, to protect children against
child prostitution and other sexual abuse; child trafficking, obscene publications and
indecent shows; other acts of abuse; and circumstances which endanger child survival
and normal development.
ARTICLE III Child Prostitution and Other Sexual Abuse
Sec. 5. Child Prostitution and Other Sexual Abuse. - Children, whether male or female,
who for money, profit, or any other consideration or due to the coercion or influence of
any adult, syndicate or group, indulge in sexual intercourse or lascivious conduct, are
deemed to be children exploited in prostitution and other sexual abuse.
The penalty of reclusion temporal in its medium period to reclusion perpetua shall be
imposed upon the following:
(a) Those who engage in or promote, facilitate or induce child prostitution which include,
but are not limited to, the following:
(1) Acting as a procurer of a child prostitute;
(2) Inducing a person to be a client of a child prostitute by means of written or oral
advertisements or other similar means;
(3) Taking advantage of influence or relationship to procure a child as prostitute;
(4) Threatening or using violence towards a child to engage him as a prostitute; or
(5) Giving monetary consideration goods or other pecuniary benefit to a child with intent
to engage such child in prostitution.
(b) Those who commit the act of sexual intercourse of lascivious conduct with a child
exploited in prostitution or subject to other sexual abuse; Provided, That when the
victims is under twelve (12) years of age, the perpetrators shall be prosecuted under
Article 335, paragraph 3, for rape and Article 336 of Act No. 3815, as amended, the
Revised Penal Code, for rape or lascivious conduct, as the case may be: Provided, That
the penalty for lascivious conduct when the victim is under twelve (12) years of age shall
be reclusion temporal in its medium period; and
(c) Those who derive profit or advantage therefrom, whether as manager or owner of the
establishment where the prostitution takes place, or of the sauna, disco, bar, resort,
place of entertainment or establishment serving as a cover or which engages in
prostitution in addition to the activity for which the license has been issued to said
establishment.
Sec. 6. Attempt To Commit Child Prostitution. - There is an attempt to commit child
prostitution under Section 5, paragraph (a) hereof when any person who, not being a
154
relative of a child, is found alone with the said child inside the room or cubicle of a
house, an inn, hotel, motel, pension house, apartelle or other similar establishments,
vessel, vehicle or any other hidden or secluded area under circumstances which would
lead a reasonable person to believe that the child is about to be exploited in prostitution
and other sexual abuse.
There is also an attempt to commit child prostitution, under paragraph (b) of Section 5
hereof when any person is receiving services from a child in a sauna parlor or bath,
massage clinic, health club and other similar establishments. A penalty lower by two (2)
degrees than that prescribed for the consummated felony under Section 5 hereof shall
be imposed upon the principals of the attempt to commit the crime of child prostitution
under this Act, or, in the proper case, under the Revised Penal Code.
ARTICLE IV Child Trafficking

Sec. 7. Child Trafficking. - Any person who shall engage in trading and dealing with
children including, but not limited to, the act of buying and selling of a child for money, or
for any other consideration, or barter, shall suffer the penalty of reclusion temporal to
reclusion perpetua. The penalty shall be imposed in its maximum period when the victim
is under twelve (12) years of age.
Sec. 8. Attempt to Commit Child Trafficking. - There is an attempt to commit child
trafficking under Section 7 of this Act:
(a) When a child travels alone to a foreign country without valid reason therefor and
without clearance issued by the Department of Social Welfare and Development or
written permit or justification from the child's parents or legal guardian;
(c) When a person, agency, establishment or child-caring institution recruits women or
couples to bear children for the purpose of child trafficking; or
(d) When a doctor, hospital or clinic official or employee, nurse, midwife, local civil
registrar or any other person simulates birth for the purpose of child trafficking; or
(e) When a person engages in the act of finding children among low-income families,
hospitals, clinics, nurseries, day-care centers, or other child-during institutions who can
be offered for the purpose of child trafficking.
A penalty lower two (2) degrees than that prescribed for the consummated felony under
Section 7 hereof shall be imposed upon the principals of the attempt to commit child
trafficking under this Act.
ARTICLE V Obscene Publications and Indecent Shows
155
Sec. 9. Obscene Publications and Indecent Shows. - Any person who shall hire, employ,
use, persuade, induce or coerce a child to perform in obscene exhibitions and indecent
shows, whether live or in video, or model in obscene publications or pornographic
materials or to sell or distribute the said materials shall suffer the penalty of prision
mayor in its medium period.
If the child used as a performer, subject or seller/distributor is below twelve (12) years of
age, the penalty shall be imposed in its maximum period.
Any ascendant, guardian, or person entrusted in any capacity with the care of a child
who shall cause and/or allow such child to be employed or to participate in an obscene
play, scene, act, movie or show or in any other acts covered by this section shall suffer
the penalty of prision mayor in its medium period.
ARTICLE VI Other Acts of Abuse

Sec. 10. Other Acts of Neglect, Abuse, Cruelty or Exploitation and Other Conditions
Prejudicial to the Child's Development. -
(a) Any person who shall commit any other acts of child abuse, cruelty or exploitation or
to be responsible for other conditions prejudicial to the child's development including
those covered by Article 59 of Presidential Decree No. 603, as amended, but not
covered by the Revised Penal Code, as amended, shall suffer the penalty of prision
mayor in its minimum period.
(b) Any person who shall keep or have in his company a minor, twelve (12) years or
under or who in ten (10) years or more his junior in any public or private place, hotel,
motel, beer joint, discotheque, cabaret, pension house, sauna or massage parlor, beach
and/or other tourist resort or similar places shall suffer the penalty of prision mayor in its
maximum period and a fine of not less than Fifty thousand pesos (P50,000.00):
Provided, That this provision shall not apply to any person who is related within the
fourth degree of consanguinity or affinity or any bond recognized by law, local custom
and tradition or acts in the performance of a social, moral or legal duty.
(c) Any person who shall induce, deliver or offer a minor to any one prohibited by this
Act to keep or have in his company a minor as provided in the preceding paragraph
shall suffer the penalty of prision mayor in its medium period and a fine of not less than
Forty thousand pesos (P40,000.00); Provided, however, That should the perpetrator be
an ascendant, stepparent or guardian of the minor, the penalty to be imposed shall be
prision mayor in its maximum period, a fine of not less than Fifty thousand pesos
(P50,000.00), and the loss of parental authority over the minor.
(d) Any person, owner, manager or one entrusted with the operation of any public or
private place of accommodation, whether for occupancy, food, drink or otherwise,
including residential places, who allows any person to take along with him to such place
156
or places any minor herein described shall be imposed a penalty of prision mayor in its
medium period and a fine of not less than Fifty thousand pesos (P50,000.00), and the
loss of the license to operate such a place or establishment.
(e) Any person who shall use, coerce, force or intimidate a street child or any other child
to:
(1) Beg or use begging as a means of living;
(2) Act as conduit or middlemen in drug trafficking or pushing; or
(3) Conduct any illegal activities, shall suffer the penalty of prision correccional in its
medium period to reclusion perpetua.
For purposes of this Act, the penalty for the commission of acts punishable under
Articles 248, 249, 262, paragraph 2, and 263, paragraph 1 of Act No. 3815, as
amended, the Revised Penal Code, for the crimes of murder, homicide, other intentional
mutilation, and serious physical injuries, respectively, shall be reclusion perpetua when
the victim is under twelve (12) years of age. The penalty for the commission of acts
punishable under Articles 337, 339, 340 and 341 of Act No. 3815, as amended, the
Revised Penal Code, for the crimes of qualified seduction, acts of lasciviousness with
the consent of the offended party, corruption of minors, and white slave trade,
respectively, shall be one (1) degree higher than that imposed by law when the victim is
under twelve (12) years age.
The victim of the acts committed under this section shall be entrusted to the care of the
Department of Social Welfare and Development.
ARTICLE VIISanctions for Establishments or Enterprises

Sec. 11. Sanctions of Establishments or Enterprises which Promote, Facilitate, or
Conduct Activities Constituting Child Prostitution and Other Sexual Abuse, Child
Trafficking, Obscene Publications and Indecent Shows, and Other Acts of Abuse. - All
establishments and enterprises which promote or facilitate child prostitution and other
sexual abuse, child trafficking, obscene publications and indecent shows, and other acts
of abuse shall be immediately closed and their authority or license to operate cancelled,
without prejudice to the owner or manager thereof being prosecuted under this Act
and/or the Revised Penal Code, as amended, or special laws. A sign with the words "off
limits" shall be conspicuously displayed outside the establishments or enterprises by the
Department of Social Welfare and Development for such period which shall not be less
than one (1) year, as the Department may determine. The unauthorized removal of such
sign shall be punishable by prision correccional.
157
An establishment shall be deemed to promote or facilitate child prostitution and other

sexual abuse, child trafficking, obscene publications and indecent shows, and other acts
of abuse if the acts constituting the same occur in the premises of said establishment
under this Act or in violation of the Revised Penal Code, as amended. An enterprise
such as a sauna, travel agency, or recruitment agency which; promotes the
aforementioned acts as part of a tour for foreign tourists; exhibits children in a lewd or
indecent show; provides child masseurs for adults of the same or opposite sex and said
services include any lascivious conduct with the customers; or solicits children or
activities constituting the aforementioned acts shall be deemed to have committed the
acts penalized herein.
ARTICLE VIII Working Children

Sec. 12. Employment of Children. - Children below fifteen (15) years of age may be
employed except:
(1) When a child works directly under the sole responsibility of his parents or legal
guardian and where only members of the employer's family are employed: Provided,
however, That his employment neither endangers his life, safety and health and morals,
nor impairs his normal development: Provided, further, That the parent or legal guardian
shall provide the said minor child with the prescribed primary and/or secondary
education; or
(2) When a child's employment or participation in public & entertainment or information
through cinema, theater, radio or television is essential: Provided, The employment
contract concluded by the child's parent or guardian, with the express agreement of the
child concerned, if possible, and the approval of the Department of Labor and
Employment: Provided, That the following requirements in all instances are strictly
complied with:
(a) The employer shall ensure the protection, health, safety and morals of the child
(b) the employer shall institute measures to prevent the child's exploitation or
discrimination taking into account the system and level of remuneration, and the
duration and arrangement of working time; and
(c) The employer shall formulate and implement, subject to the approval and supervision
of competent authorities, a continuing program for training and skill acquisition of the
child.
In the above exceptional cases where any such child may be employed, the employer
shall first secure, before engaging such child, a work permit from the Department of
Labor and Employment which shall ensure observance of the above requirement.
The Department of Labor and Employment shall promulgate rules and regulations
necessary for the effective implementation of this Section.
158
Sec. 13. Non-formal Education for Working Children. - The Department of Education,
Culture and Sports shall promulgate a course design under its non-formal education
program aimed at promoting the intellectual, moral and vocational efficiency of working
children who have not undergone or finished elementary or secondary education. Such
course design shall integrate the learning process deemed most effective under given
circumstances.
Sec. 14. Prohibition on the Employment of Children in Certain Advertisements. - No
person shall employ child models in all commercials or advertisements promoting
alcoholic beverages, intoxicating drinks, tobacco and its byproducts and violence.
Sec. 15. Duty of Employer. - Every employer shall comply with the duties provided for in
Articles 108 and 109 of Presidential Decree No. 603.
Sec. 16. Penalties. - Any person who shall violate any provision of this Article shall
suffer the penalty of a fine of not less than One thousand pesos (P1,000) but not more
than Ten thousand pesos (P10,000) or imprisonment of not less than three (3) months
but not more than three (3) years, or both at the discretion of the court: Provided, That,
in case of repeated violations of the provisions of this Article, the offender's license to
operate shall be revoked.
ARTICLE IX Children of Indigenous Cultural Communities
Sec. 17. Survival, Protection and Development. - In addition to the rights guaranteed to
children under this Act and other existing laws, children of indigenous cultural
communities shall be entitled to protection, survival and development consistent with the
customs and traditions of their respective communities.
Sec. 18. System of and Access to Education. - The Department of Education, Culture
and Sports shall develop and institute an alternative system of education for children of
indigenous cultural communities which culture-specific and relevant to the needs of and
the existing situation in their communities. The Department of Education, Culture and
Sports shall also accredit and support non-formal but functional indigenous educational
programs conducted by non-government organizations in said communities.
Sec. 19. Health and Nutrition. - The delivery of basic social services in health and
nutrition to children of indigenous cultural communities shall be given priority by all
government agencies concerned. Hospitals and other health institution shall ensure that
children of indigenous cultural communities are given equal attention. In the provision of
health and nutrition services to children of indigenous cultural communities, indigenous
health practices shall be respected and recognized.
Sec. 20. Discrimination. - Children of indigenous cultural communities shall not be
subjected to any and all forms of discrimination.
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Any person who discriminate against children of indigenous cultural communities shall
suffer a penalty of arresto mayor in its maximum period and a fine of not less than Five
thousand pesos (P5,000.00) more than Ten thousand pesos (P10,000.00).
Sec. 21. Participation. - Indigenous cultural communities, through their duly-designated
or appointed representatives shall be involved in planning, decision-making
implementation, and evaluation of all government programs affecting children of
indigenous cultural communities. Indigenous institution shall also be recognized and
respected.
ARTICLE X Children in Situations of Armed Conflict
Sec. 22. Children as Zones of Peace. - Children are hereby declared as Zones of
Peace. It shall be the responsibility of the State and all other sectors concerned to
resolve armed conflicts in order to promote the goal of children as zones of peace. To
attain this objective, the following policies shall be observed.
(a) Children shall not be the object of attack and shall be entitled to special respect.
They shall be protected from any form of threat, assault, torture or other cruel, inhumane
or degrading treatment;
(b) Children shall not be recruited to become members of the Armed Forces of the
Philippines of its civilian units or other armed groups, nor be allowed to take part in the
fighting, or used as guides, couriers, or spies;
(c) Delivery of basic social services such as education, primary health and emergency
relief services shall be kept unhampered;
(d) The safety and protection of those who provide services including those involved in
fact-finding missions from both government and non-government institutions shall be
ensured. They shall not be subjected to undue harassment in the performance of their
work;
(e) Public infrastructure such as schools, hospitals and rural health units shall not be
utilized for military purposes such as command posts, barracks, detachments, and
supply depots; and
(f) All appropriate steps shall be taken to facilitate the reunion of families temporarily
separated due to armed conflict.
Sec. 23. Evacuation of Children During Armed Conflict. - Children shall be given priority
during evacuation as a result of armed conflict. Existing community organizations shall
be tapped to look after the safety and well-being of children during evacuation
operations. Measures shall be taken to ensure that children evacuated are accompanied
by persons responsible for their safety and well-being.
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Sec. 24. Family Life and Temporary Shelter. - Whenever possible, members of the
same family shall be housed in the same premises and given separate accommodation
from other evacuees and provided with facilities to lead a normal family life. In places of
temporary shelter, expectant and nursing mothers and children shall be given additional
food in proportion to their physiological needs. Whenever feasible, children shall be
given opportunities for physical exercise, sports and outdoor games.
Sec. 25. Rights of Children Arrested for Reasons Related to Armed Conflict. - Any child
who has been arrested for reasons related to armed conflict, either as combatant,
courier, guide or spy is entitled to the following rights;
(a) Separate detention from adults except where families are accommodated as family
units;
(b) Immediate free legal assistance;
(c) Immediate notice of such arrest to the parents or guardians of the child; and
(d) Release of the child on recognizance within twenty-four (24) hours to the custody of
the Department of Social Welfare and Development or any responsible member of the
community as determined by the court.
If after hearing the evidence in the proper proceedings the court should find that the
aforesaid child committed the acts charged against him, the court shall determine the
imposable penalty, including any civil liability chargeable against him. However, instead
of pronouncing judgment of conviction, the court shall suspend all further proceedings
and shall commit such child to the custody or care of the Department of Social Welfare
and Development or to any training institution operated by the Government, or duly-
licensed agencies or any other responsible person, until he has had reached eighteen
(18) years of age or, for a shorter period as the court may deem proper, after
considering the reports and recommendations of the Department of Social Welfare and
Development or the agency or responsible individual under whose care he has been
committed.
The aforesaid child shall subject to visitation and supervision by a representative of the
Department of Social Welfare and Development or any duly-licensed agency or such
other officer as the court may designate subject to such conditions as it may prescribe.
The aforesaid child whose sentence is suspended can appeal from the order of the court
in the same manner as appeals in criminal cases.
Sec. 26. Monitoring and Reporting of Children in Situations of Armed Conflict. - The
chairman of the barangay affected by the armed conflict shall submit the names of
children residing in said barangay to the municipal social welfare and development
officer within twenty-four (24) hours from the occurrence of the armed conflict.
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ARTICLE XI Remedial Procedures

Sec. 27. Who May File a Complaint. - Complaints on cases of unlawful acts committed
against the children as enumerated herein may be filed by the following:
(a) Offended party;
(b) Parents or guardians;
(c) Ascendant or collateral relative within the third degree of consanguinity;
(d) Officer, social worker or representative of a licensed child-caring institution;
(e) Officer or social worker of the Department of Social Welfare and Development;
(f) Barangay chairman; or
(g) At least three (3) concerned responsible citizens where the violation occurred.
Sec. 28. Protective Custody of the Child. - The offended party shall be immediately
placed under the protective custody of the Department of Social Welfare and
Development pursuant to Executive Order No. 56, series of 1986. In the regular
performance of this function, the officer of the Department of Social Welfare and
Development shall be free from any administrative, civil or criminal liability. Custody
proceedings shall be in accordance with the provisions of Presidential Decree No. 603.
Sec. 29. Confidentiality. - At the instance of the offended party, his name may be
withheld from the public until the court acquires jurisdiction over the case.
It shall be unlawful for any editor, publisher, and reporter or columnist in case of printed
materials, announcer or producer in case of television and radio broadcasting, producer
and director of the film in case of the movie industry, to cause undue and
sensationalized publicity of any case of violation of this Act which results in the moral
degradation and suffering of the offended party.
Sec. 30. Special Court Proceedings. - Cases involving violations of this Act shall be
heard in the chambers of the judge of the Regional Trial Court duly designated as
Juvenile and Domestic Court.
Any provision of existing law to the contrary notwithstanding and with the exception of
habeas corpus, election cases, and cases involving detention prisoners and persons
covered by Republic Act No. 4908, all courts shall give preference to the hearing or
disposition of cases involving violations of this Act.
ARTICLE XII
Common Penal Provisions
162
Sec. 31. Common Penal Provisions. -

(a) The penalty provided under this Act shall be imposed in its maximum period if the
offender has been previously convicted under this Act;
(b) When the offender is a corporation, partnership or association, the officer or
employee thereof who is responsible for the violation of this Act shall suffer the penalty
imposed in its maximum period;
(c) The penalty provided herein shall be imposed in its maximum period when the
perpetrator is an ascendant, parent guardian, stepparent or collateral relative within the
second degree of consanguinity or affinity, or a manager or owner of an establishment
which has no license to operate or its license has expired or has been revoked;
(d) When the offender is a foreigner, he shall be deported immediately after service of
sentence and forever barred from entry to the country;
(e) The penalty provided for in this Act shall be imposed in its maximum period if the
offender is a public officer or employee: Provided, however, That if the penalty imposed
is reclusion perpetua or reclusion temporal, then the penalty of perpetual or temporary
absolute disqualification shall also be imposed: Provided, finally, That if the penalty
imposed is prision correccional or arresto mayor, the penalty of suspension shall also be
imposed; and
(f) A fine to be determined by the court shall be imposed and administered as a cash
fund by the Department of Social Welfare and Development and disbursed for the
rehabilitation of each child victim, or any immediate member of his family if the latter is
the perpetrator of the offense.
ARTICLE XIII
Final Provisions
Sec. 32. Rules and Regulations. - Unless otherwise provided in this Act, the Department
of Justice, in coordination with the Department of Social Welfare and Development, shall
promulgate rules and regulations of the effective implementation of this Act.
Such rules and regulations shall take effect upon their publication in two (2) national
newspapers of general circulation.
Sec. 33. Appropriations. - The amount necessary to carry out the provisions of this Act is
hereby authorized to be appropriated in the General Appropriations Act of the year
following its enactment into law and thereafter.
Sec. 34. Separability Clause. - If any provision of this Act is declared invalid or
unconstitutional, the remaining provisions not affected thereby shall continue in full force
and effect.
163
Sec. 35. Repealing Clause. - All laws, decrees, or rules inconsistent with the provisions
of this Acts are hereby repealed or modified accordingly.
Sec. 36. Effectivity Clause. - This Act shall take effect upon completion of its publication
in at least two (2) national newspapers of general circulation.
164
Excerpts The Family Code of the Philippines

Reporters:
Cristel Vine Clapero
Katrina Taer
Daryll Dave Puno
Q&A
1.Explain the meaning of “Special Parental Authority and Responsibility” over the minor
child in article 218.
In the article 218, it is stated that the student is under the supervision of the school, the
administrators and the teachers and responsible to take charge the responsibility of a
parent while they are in school. Everyday when parents send their kids off to school,
they trust teachers and other school officials to care for their children’s safety and well-
being as well as their learning. Teachers have a wide range of responsibilities to
students that come from a variety of federal, state, and other local laws and regulations.
And there must be clearly allocated specific responsibilities to staff member to undertake
student supervision as determined by the needs of the school to protect students from
reasonably, foreseeable risks of injury including hazard that are known and could have
been foreseen and prevented.
2. Cite violations of article 233.

 Should not be humiliated
 Beating
 Uttering harsh words
 Banishment
 Child abuse
 Degrading
3. Is there any provision that strikes you? If yes, explain why?

For us, there’s none because we are abiding the laws.
4. Research on decided cases of teachers violating the provision on “Special Parental

Authority”. Share your findings with the class.
The petitioner, a public schoolteacher, was charged with and found guilty of child abuse,
a violation of Republic Act No. 7610. The victim was her own Grade 1 pupil whom she
1
physically maltreated for having accidentally bumped her knee while she was drowsing
off on a bamboo sofa as he entered the classroom. Her maltreatment left him with
physical injuries, as duly certified by a physician.
165
Whether or not the petitioner thereby committed child abuse is the question that this
appeal must determine, in light of the Court's pronouncement in Bongalon v. People of
the Philippines that:
2
Not every instance of the laying of hands on a child constitutes the crime of child abuse
under Section 10 (a) of Republic Act No. 7610. Only when the laying of hands is shown
beyond reasonable doubt to be intended by the accused to debase, degrade or demean
the intrinsic worth and dignity of the child as a human being should it be punished as
child abuse. Otherwise, it is punished under the Revised Penal Code.
166
Republic Act 7877
AN ACT DECLARING SEXUAL HARASSMENT UNLAWFUL IN THE EMPLOYMENT,

EDUCATION OR TRAINING ENVIRONMENT, AND FOR OTHER PURPOSES.

Congress assembled:
SECTION 1. Title. - This Act shall be known as the "Anti-Sexual Harassment Act of
1995."
SECTION 2. Declaration of Policy. - The State shall value the dignity of every
individual, enhance the development of its human resources, guarantee full respect for
human rights, and uphold the dignity of workers, 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.
SECTION 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 of 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 ordiminish 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;
167
(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 consideration; 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.
SECTION 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 joint1y
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, trainers, 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, instructors,
professors or coaches and students or trainees, as the case may be.
168
The employer or head of office, educational or training institution shall disseminate

or post a copy of this Act for the information of all concerned.
SECTION 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.
SECTION 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.
SECTION 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 (P10,000) nor
more than Twenty thousand pesos (P20,000), 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.
SECTION 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.
SECTION 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.
SECTION 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.
169
Republic Act No. 7877- An Act Declaring Sexual Harassment Unlawful in the
Employment, Education or Training Environment, and for other Purposes
Reporters:
Peter Jay Gulane
Jea Abigail Asinas
1. You have read many cases of sexual harassment filed against teachers and
other employee. Explain the provision that sexual harassment is committed when
the act is “against one who is under the care, custody or supervision of the
offender...”
-Sexual harassment is committed by an individual who's having authority,

influence or moral ascendancy over another in a work, training or education environment
that demands, requests, or otherwise requires any sexual favor from other,regardless of
whether the demand, request for requirement for submission is accepted by the object
of said act.
2.Cite other circumstances of several harassment in the education and training

environment.
-Aside from the circumstances of sexual harassment stated in the Republic Act
7877 or the Anti-Sexual Harassment Act of 1995. There are also other situations of
sexual harassment in the education and training environment such as ;
1. Topics beyond with what the students can handle, especially regarding with
sexual related issues that is beyond the lessons and beyond their understanding.
2. Making unnecessary physical contact, including unwanted touching.
3. Sharing pornography,sexual pictures or cartoons, sexually explicit graffiti, or other
sexual images during discussion.
3. When is sexual harassment committed in a work-related environment?
-In a work-related environment, sexual harassment is committed when, 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
170
compensation, terms,condition,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 of diminish employment oppprtunities or otherwise adversely affect
said employee.
4. Research on two decided cases of sexual harassment against teachers and one
case committed by teachers. Who is the disciplining authority if he/she is a public
school teacher? A private school teacher?
171
AN ACT PROMULGATING A COMPREHENSIVE POLICY AND A NATIONAL

SYSTEM FOR EARLY CHILDHOOD CARE AND DEVELOPMENT (ECCD),
PROVIDING FUNDS THEREFOR AND FOR OTHER PURPOSES
Be it enacted by the Senate and House of Representatives of the Philippines Congress

assembled:
Section 1. Short Title. - This Act shall be known as the "ECCD Act,"
Section 2. Declaration of Policy. - It is hereby declared the policy of the State to promote
the rights of children to survival, development and special protection with full recognition
of the nature of childhood and its special needs; and to support parents in their roles as
primary caregivers and as their children's first teachers. The State shall institutionalize a
National System for Early Childhood Care and Development (ECCD) that is
comprehensive, integrative and sustainable, that involves multi-sectoral and inter-
agency collaboration at the national and local levels among government; among service
providers, families and communities; and among the public and private sectors,
nongovernment organizations, professional associations, and academic institutions, This
System shall promote the inclusion of children with special needs and advocate respect
for cultural diversity. It shall be anchored on complementary strategies for ECCD that
include service delivery for children from conception to age six (6), educating parents
and caregivers, encouraging the active involvement of parents and communities in
ECCD programs, raising awareness about the importance of ECCD, and promoting
community development efforts that improve the quality of life for young children and
families,
Section 3. Objectives. - The objectives of the National ECCD System are:
(a) To achieve improved infant and child survival rates by ensuring that adequates
health and nutrition programs are accessible to young children and their mothers from
the pre-natal period throughout the early childhood years;
(b) To enhance the physical, social, emotional, cognitive, psychological, spiritual and
language development of young children;
(c) To enhance the role of parents and other caregivers as the primary caregivers and
educators of their children from birth onwards;
(d) To facilitate a smooth transition from care and education provided at home to
community or school-based setting and to primary school;
(e) To enhance the capabilities of service providers and their supervisors to comply with
quality standards for various ECCD programs;
172
(f) To enhance and sustain the efforts of communities to promote ECCD programs and
ensure that special support is provided for poor and disadvantaged communities;
(g) To ensure that young children are adequately prepared for the formal learning
system and that both public and private schools are responsive to the developmental
needs of these children;
(h) To establish an efficient system for early identification, prevention, referral and
intervention for developmental disorders and disabilities in early childhood; and
(i) To improve the quality standards of public and private ECCD programs through, but
not limited to, a registration and credential system for ECCD service providers.
Section 4. Definitions. - For purposes of this Act:
(a) Early Childhood Care and Development (ECCD) System refers to the full range of
health, nutrition, early education and social services programs that provide for the basic
holistic needs of young children from birth to age six (6), to promote their optimum
growth and development. These programs include:
(1) Center-based programs, such as the day care service established under Republic
Act No. 6972, public and private pre-schools, kindergarten or school-based programs,
community or church-based early childhood education programs initiated by
nongovernment organizations or people's organizations, workplace-related child care
and education programs, child-minding centers, health centers and stations; and
(2) Home-based programs, such as the neighborhood-based play groups, family day
care programs, parent education and home visiting programs.
(b) ECCD Service Providers include the various professionals, paraprofessionals, and
volunteer caregivers who are directly responsible for the care and education of young
children through the various center and home-based programs. They include, but are
not limited to, day care workers, teachers, teacher-aides, rural health midwives, social
workers, community health workers, barangay nutrition scholars, parent effectiveness
service volunteers, child development workers, and family day care providers.
(c) ECCD Curriculum refers to the age-appropriate and developmentally appropriate

educational objectives, program of activities, organized learning experiences and
recommended learning materials for children that are implemented by service providers
through center and home-based programs. It shall consist of national program goals and
guidelines, instructional objectives, and content outlines integrating local learning
experiences and indigenous learning materials.
(d) Parent Education refers to the various formal and alternative means of providing
parents with information, skills, and support systems to assist them in their roles as their
173
children's primary caregivers and educators. These include public and private parent
education programs linked to center, home and media-based child care and education
programs.
Section 5. System Framework and Components. - The ECCD System shall include the
following components:
(a) ECCD Curriculum - which focuses on children's total development according to their
individual needs and socio-cultural background. It shall promote the delivery of
complementary and integrative services for health care, nutrition, early childhood
education, sanitation, and cultural activities. It shall use the child's first language as the
medium of instruction.
(b) Parent Education and Involvement, Advocacy, and Mobilization of Communities -

which harness and develop parents' strengths as providers of ECCD at home, active
partners or other stakeholders, advocates for community concerns that affect children,
and pillars of support for local and national ECCD programs through community
organization efforts.
(c) Human Resource Development Program - which establishes mechanisms for the
systematic professionalization of ECCD service providers, through enrolment in
educational programs in site-based or distance educational modes, through pre-service
or in-service training including continuing education programs, whereby a registration
and credential system shall be developed in the ECCD System.
(d) ECCD Management - which focuses on a continuing process of planning,

implementation, supervision, financial management, monitoring, evaluation and
reporting. It shall encourage the active involvement and build the capabilities of service
providers, parents, and local government officials to sustain the program, and it shall be
guided by the principles of decentralization as stipulated in the Local Government Code
of 1991.
(e) Quality Standards and Accreditation - which ensures that each component in the
ECCD System complies with national quality standards, to be established by the
National ECCD Coordinating Council as provided for under Section 8 of this Act, linked
to an accreditation process.
Section 6. Establishment of ECCD System. - The National ECCD System shall be

established in at least three (3) regions each year, as may be determined by the
National ECCD Coordinating Council, to achieve national coverage over a five-year
period.
Section 7. Implementing Arrangements and Operational Structures. - The

implementation of the National ECCD System shall be the joint responsibility of the
national government agencies, local government units, nongovernment organizations,
174
and private organizations that are accredited to deliver the services or to provide training
and technical assistance.
(a) Responsibilities of the National Government - National government agencies shall be

responsible for developing policies and programs, providing technical assistance and
support to the ECCD service providers in consultation with coordinating committees at
the provincial, city/municipal, and barangay levels, as provided for in Section 8 of this
Act, and monitoring of ECCD service benefits and outcomes. The Department of Social
Welfare and Development (DSWD), the Department of Education, Culture and Sports
(DECS), the Department of Health (DOH), the Department of the Interior and Local
Government (DILG), the Department of Labor and Employment (DOLE), the Department
of Agriculture (DA), the Department of Justice (DOJ), the National Economic and
Development Authority (NEDA), and the National Nutrition Council (NNC) shall jointIy
prepare annual ECCD for work plans that will coordinate their respective technical
assistance and support for the National ECCD Program. They shall consolidate existing
program implementing guidelines that ensure consistency in integrated service delivery
within the National ECCD System.
(1) The DECS shall promote the National ECCD Progman in schools. ECCD programs
in public schools shall be under the joint responsibility of their respective school
principal/school-head and parents-teachers-community association (PTCA) within the
standards set forth in the National ECCD System and under the guidance of the City/
Municipal ECCD Coordinating Committee for the effective and equitable delivery of
ECCD services. It shall also make available existing facilities of public elementary
schools for ECCD classes.
(2) Public and private pre-schools shall be registered by the Provincial or City ECCD
Coordinating Committee upon the recommendation of the respective division office of
the DECS. NGO-initiated, community, church, home, and workplace-based service
providers shall be registered upon the recommendation of the provincial/city social
welfare and development office. These public and private ECCD service providers shall
operate within the standards set forth in the National ECCD System and under the
guidance of the City/Municipal ECCD Coordinating Committee for the effective delivery
of ECCD services.
(b) Responsibilities of Local Government Units - Local government units (LGUs) shall be
primarily responsible for:
(1) Implementing the National ECCD Program by providing basic public ECCD services;
(2) Supporting the organization of parent cooperatives to initiate the establishment of

ECCD programs;
(3) Ensuring that service providers of public ECCD programs under their supervision
shall be justly compensated, that adequate funds are made available, and their working
conditions are conducive to fulfill national quality standards; and
175
(4) Providing counterpart funds for the training and continuing education of ECCD
service providers, and supporting the operations of Provincial, City/Municipal and
Barangay ECCD Coordinating Committees.
(c) Responsibilities of Families and Communities - The families and communities shall
support the local ECCD programs by participating in various projects for the overall
development of their children.
Section 8. Creation of National Coordinating Council and Coordinating Committees for

ECCD. - To ensure the sustained inter-agency and multi-sectoral collaboration from the
national, provincial, city/municipal to barangay levels, a National Coordinating Council
and provincial, city/municipal and barangay coordinating committees shall be organized.
(a) National ECCD Coordinating Council - The Council for the Welfare of Children
(CWC) shall also function as the National ECCD Coordinating Council, hereinafter
referred to as the Council, and shall hereby be under the Office of the President.
(1) Composition - In addition to the existing members of the CWC, two (2) private
individuals, who are ECCD practitioners and experts shall be appointed by the
President, upon recommendation of the Council, for a term of two (2) years subject to
one (1) reappointment. The Council shall meet once a month or as often as necessary.
The Secretaries of the DSWD, DECS, DOH, and DILG shall act as co-chairpersons of
the Council and must be represented by a person with a rank not lower than an
Undersecretary.
(2) Council Secretariat - The CWC Secretariat shall also serve as the secretariat of the
Council. It shall be headed by an executive director, who shall be appointed by the
President, upon the recommendation of the Council. He/She shall have the rank,
privileges, and emoluments of a Career Executive Service Officer I. Nothing herein shall
prejudice any right vested prior to the enactment of this Act.
There shall be created two (2) permanent positions of Deputy Executive Directors to be
appointed by the Council, one of whom shall be exclusively concerned with ECCD
programs and activities and the other exclusively with the existing functions of the CWC.
The Deputy Executive Directors shall be assisted by senior technical staff to be
seconded from the DSWD, DECS, DOH, DILG, DOLE, DA, DOJ, NEDA and NNC for a
period of at least two (2) years, subject to renewal, and shall be entitled to whatever
additional remuneration the law allows for such secondment.
(3) Functions of the National ECCD Coordinating Council. - The Council shall:
(i) Promulgate policies and implementing guidelines for ECCD programs in consultation
with stakeholders at various levels, including the regional level when appropriate,
consistent with the national policy and program frameworks as defined in this Act;
176
(ii) Establish ECCD program standards that reflect developmentally appropriate and
culturally relevant practices for ECCD programs, which shall interface with the primary
school curriculum of the DECS;
(iii) Develop a national system for the recruitment, registration, continuing education and
equivalency, and credential system of ECCD service providers, supervisors and
administrators to improve and profesionalize the ECCD sector and upgrade quality
standards of public and private ECCD programs;
(iv) Develop and implement a system of awards and recognition to deserving ECCD
program implementors and service providers;
(v) Coordinate the various ECCD programs of each line agency and monitor the delivery
of services to the ECCD program beneficiaries nationwide;
(vi) Evaluate and assess the impact and outcome of various ECCD programs nationwide
through an effective information system;
(vii) Develop and establish a national system for early identification, screening,
surveillance of early childhood disabilities, developmental problems, and giftedness;
(viii) Develop and implement various support mechanisms that maximize the public and
private resources for implementing ECCD programs, giving priority to the needy and
high risk children from poor communities;
(ix) Provide counterpart funds to poor and disadvantaged communities for the
establishment and expansion of public ECCD programs, improvement of physical
facilities and for hiring of ECCD service providers;
(x) Promote and encourage private sector initiative for the establishment of ECCD
programs; and
(xii) Provide guidelines for ECCD Coordinating Committees at the provincial, city/
municipal and barangay levels for the conduct of solicitations and requests for
assistance from local and international civic organizations, private philanthropic
foundations to supplement available resources.
(b) Provincial ECCD Coordinating Committee. Composition, Function, Secretariat. -

There shall be created in every province a Provincial ECCD Coordinating Committee.
(1) Composition. - The Provincial ECCD Coordinating Committee shall be composed of

the Governor of the Province as Chairperson, Division Superintendent of DECS,
Provincial Planning and Development Officer, Provincial Budget Officer, Provincial
Health Officer, Provincial Director of DILG, Provincial Social Welfare and Development
Officer, Provincial Treasurer, President of the Provincial League of Municipal Mayors,
and two (2) representatives of nongovernment organizations operating ECCD programs
177
appointed by the Committee, for a two-year term, subject to one (1) reappointment, as
members;
(2) Functions - The Provincial ECCD Coordinating Committee shall be under the
Provincial Development Council and shall perform similar functions as the National
ECCD Coordinating Council as appropriate, including other functions that may be
provided in the Implementing Rules and Regulations of this Act. It shall coordinate the
delivery of services and support from the National ECCD Coordinating Council and the
national line agencies involved in ECCD programs. It shall also support and complement
the resources available to municipalities and barangays in the province in the expansion
and improvement of ECCD programs, as well as be responsible for the registration of
ECCD programs and service providers: and
(3) Secretariat - The Provincial ECCD Coordinating Committee shall organize a

secretariat which shall coordinate and monitor the effective implementation of ECCD
programs in the province. It shall be headed by the provincial ECCD Officer, who shall
be appointed by the Governor, upon the recommendation of the Provincial ECCD
Coordinating Committee. He/She skill have the rank, privileges and emoluments of a
Department head.
For the first three (3) years of the establishment of the ECCD system in the province, the
salary, allowances and other benefits of the Provincial ECCD Officer shall be paid for by
the Council. Thereafter, such sums as may be necessary for the salaries, allowances
and other benefits of the Provincial ECCD Officer shall be provided by the province.
(c) City/Municipal ECCD Coordinating Committee. Composition, Functions, Secretariat.

-There shall be created in every city and municipality a City/Municipal ECCD
Coordinating Committee.
(1) Composition - The City/Municipal ECCD Coordinating Committee shall be composed

of the City/Municipal Mayor as Chairperson, the Division Superintendent/ District
Supervisor of DECS, City/Municipal Planning and Development Officer, City/ Municipal
Budget Officer, City/Municipal Health Officer, City/Municipal Social Welfare and
Development Officer, City/Municipal Local Government, Officer, City/Municipal
Treasurer, City/Municipal Nutrition Officer, President of the Association of Barangay
Captains in the City/Municipality, President of the Parent Teachers-Community
Federation in the City/Municipality, and two (2) representatives of non-government
organizations involved in ECCD programs in the City/Municipality appointed by the
Committee for a two-year term, subject to one (1) reappointment, as members.
(2) Functions - The City/Municipal ECCD Coordinating Committee shall be under the
city/municipal development council and shall perform similar functions as the council as
appropriate, including other functions that may be provided in the Implementing Rules
and Regulations. It shall likewise support and complement the resources available to
barangays in the expansion and improvement of ECCD programs, coordinate and
monitor the delivery of services at the barangay level, ensure accurate reporting and
178
documentation of service delivery, as well as mobilize and encourage private sector

initiatives for the establishment of ECCD program implementors in tile city/municipality
that conforms to National ECCD System Standards.
(3) Secretariat. - The City/Municipal ECCD Coordinating Committee shall organize a

Secretariat which shall coordinate and monitor the effective implementation of ECCD
programs in the city/municipality. It shall be headed by the City/Municipal ECCD Officer,
who shall be appointed by the mayor, upon the recommendation of the City/Municipal
ECCD Coordinating Committee.
(d) Barangay ECCD Coordinating Committee - The Barangay Council for the Protection
of Children (BCPC), created under Presidential Decree 603, shall also function as the
Barangay ECCD Coordinating Committee. The BCPC shall be responsible for the
proper and effective implementation of public ECCD programs and maintenance of
database system at the barangay level. Pursuant to this, all barangays shall organize
BCPCs in their respective areas.
The BCPC shall be composed of, among others: the Barangay Captain, the school
head/s in the barangay, the Barangay health midwife, the Barangay health worker, the
Barangay nutrition scholar, the day care worker/s, parents, the Sangguniang Kabataan
Chairman, and a representative from child-focused non government
organizations/people's organizations, as members. The members of the BCPC shall
elect from among themselves the Chairperson.
Section 9. Financing ECCD Programs. - ECCD programs at the community level shall
be financed through a combination of public and private funds. All public ECCD program
providers shall prioritize young children from families who are in greatest need and who
can least afford private sector programs.
(a) Public support for ECCD programs. The government shall support public ECCD
program through cost-sharing arrangements that shall involve the LGUs, and
counterpart funds from the national government agencies for technical assistance and
support. Additional funds may be generated from intergovernmental donors and financial
institutions by the appropriate government agencies through the NEDA to support the
public programs in fourth, fifth and sixth class municipalities including the urban poor.
Funds shall be accessible to qualified LGUs through the Municipal Development Fund or
other financing mechanisms as prescribed by the Department of Finance (DOF) and
based on guidelines from the Department of Budget and Management (DBM). The
Council may establish a trust fund to assist LGUs in the expansion and upgrading of
ECCD programs.
Primary health care programs, pre-natal and post-natal care, growth, monitoring and
promotion, and supplementary nutrition programs shall continue to be funded through
the LGUs with technical support and additional resources from the DOH.
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The Day Care Program, Parent Effectiveness Service, Child-Minding Centers, Family
Day Care and Parent-Child Development Programs shall continue to be supported by
the LGUs in the form of construction of basic infrastructure, provision of facilities,
materials and equipment, and compensation for the service providers. The DSWD shall
provide for technical assistance.
The kindergarten program in public schools shall continue to be supported by the DECS
in cooperation with the PTCAs, where applicable, by providing teacher training,
supplementary learning materials and reference materials for ECCD programs.
The DSWD, DECS, DOH, and DILG shall support the implementation by LGUs of the
National ECCD Program and shall include in their respective annual general
appropriations beginning the fiscal year following the approval of this Act the necessary
funding to achieve the goal of national coverage within a five-year period and sustain the
Program from thereon. The work and financial plan of the DSWD, DECS, DOH, and
DILG shall be coordinated with the Council.
(b) Support for ECCD Programs. - Supported for ECCD programs can be solicited from
local and international civic organizations, private philanthropic foundations to
supplement available resources.
Workplace-based or related ECCD programs should be supported by corporations and

employers in the form of physical facilities and recurrent operating costs. The operating
cost incurred for employer or corporate-sponsored ECCD programs can be deducted
from taxable income: Provided, That the employer or corporation will not charge user
fees.
(c) Costs to be Shouldered by Families. The Council shall monitor user fees and
contributions allowed for both public and private programs to ensure that these are
affordable and within reasonable limits.
User fees for public programs should be limited to monthly contributions intended to
subsidize recurrent costs. Parents are encouraged to contribute their time and services
especially in cases where they are unable to afford the regular contributions.
Section 10. Appropriations. - For the implementation of this Act, the amount of Four
hundred million pesos (P400,000,000.00) per year for five (5) years is hereby
appropriated for the National ECCD Program of the council effective upon approval of
this Act. Said amount shall be funded from the gross income of the Philippine
Amusement and Gaming Corporation and shall be directly remitted in four (4) quarterly
installments to a special account of the Council. Thereafter, such sums as may be
necessary for the operations of the Council shall be included in the General
Appropriations Act.
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A supplementary appropriations in the amount of Thirty million pesos (P30,000,000.00)

shall be provided to the Council from the President's Organizational Adjustment Fund
upon approval of this Act.
The above appropriations shall be separate and distinct from the annual budget of the
CWC.
Expenses for ECCD programs and technical support packages provided by the DSWD,
DECS, DOH, DILG, DOLE, DA, DOJ, NEDA, and the NNC shall be specified as
separate line items in their respective annual budgets in the General Appropriations Act.
Their annual ECCD workplans shall be the basis for these budgets and shall be
released directly to their regional or provincial offices whenever applicable.
Section 11. Annual Report. - The Council shall, at the close of each calendar year,
submit an annual report to Congress, giving detailed account of its proceedings and
accomplishments during the year making recommendations for the adoption of
measures that will improve the National ECCD System.
Section 12. Separability Clause. - If any provision of this Act is declared unconstitutional,
the same shall not affect the validity and effectivity of the other provisions thereof.
Section 13. Repealing Clause. - Pertinent provisions of Presidential Decree No. 603 and
Executive Order No. 233, all laws, Decrees, executive orders, presidential
proclamations, rules and regulations or parts thereof contrary to or inconsistent with the
provisions of this Act are hereby repealed or modified accordingly.
Section 14. Implementing Rules and Regulations. - The Council in consultation with all
appropriate government agencies and nongovernnent organizations shall formulate and
issue the necessary rules and regulations for the implementation of this Act within ninety
(90) days after the effectivity of this Act.
Section 15. Effectivity Clause. - This Act shall take effect fifteen (15) days after its
publication in the Official Gazette or in at least two (2) newspapers of general circulation
181
182
Republic Act No. 8980 or EARLY CHILDHOOD CARE AND DEVELOPMENT (ECCD)
Act Questions:
1.Which to you is the most important objective of the ECCD Act?
Out of the nine objectives of ECCD Act, the most important for me is the first one which
is to achieve improved infant and child survival rates by ensuring that adequate help and
nutrition programs are accessible to young children and their mothers from the prenatal
period throught the early childhood years. This objective serve as the foundation of the
rest. Without this one, the remaining objectives of ECCD Act would not be achievable.
That is why it's very important even in the prenatal period of a person, we should secure
them well for their success development.
2. What further education and training do you need to become a pre-school

teacher?
Given the proper training of teaching and education on a person who wanted to become
a pre-school teacher, I think one should have further training and enough knowledge on
nursing his/her students in case of emergencies. Being a pre-school teacher don't just
have to embody the right and proper ways of teaching children in early childhood stage,
one should also be knowledgeable enough in giving them the proper care and treatment
they need when they get sick under the pre-school teachers' management.
183
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 Philippine Congress

Assembled:
Section 1. Short Title. - This Act shall be known as the "Kindergarten Education Act".
Section 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.
Section 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.
Section 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.
Section 5. Medium of Instruction. - The State shall hereby adopt the mother tongue-
based multilingual education (MTB-MLE) method. The mother tongue of the learner
184
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.
Section 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.1avvphi1
Section 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:
185
(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.
Section 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.
Section 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
186
Management, shall promulgate the rules and regulations needed for the implementation
of this Act.
Section 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.
Section 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.
Section 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.
187
MINGPE D. MODAYNO
BSED Math 2
TOPIC: REPUBLIC ACT NO. 10157
(AN ACT INSTITUTIONALIZING THE KINDERGARTEN EDUCATION INTO THE
BASIC EDUCATION SYSTEM AND APROPRATING FUNDS THEREFOR)
1. What is meant by the institutionalization of kindergarten?

 In the republic act no. 10157 Section 4 kindergarten education is hereby
institutionalized as part of basic education and for school year 2011-2012
shall be implemented partially, and hereafter, it shall be made mandatory and
compulsory for entrance to grade 1.

2. What is the policy of CHED on the pre-service education and training of pre-
school kindergarten?
 Republic Act No. 10157 Section 2 to provide equal opportunities for all
children to avail of accessible mandatory and compulsory kindergarten
education that effectively promote physical, social, intellectual, emotional and
skill stimulation and values formation to sufficiently prepare them for formal
elementary schooling. 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, school and communities though
the appropriate languages of teaching and learning.
3. Which language in the medium of instruction in kindergarten?

 Republic Act No. 10157 Section 5 the mother tongue of the learners shall be
the primary medium instruction for the teaching and learning in the
kindergarten level. However, exceptions shall be made to the following cases:
(a) When the pupil in the kindergarten classroom have different mother
tongues.
(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
When teachers are not yet trained how to use the MTB-MLE program determined by the
DepEd aligned with the framework being use in the elementary level including teacher
training and production of local resources and material under DepEd Order No. 74
series
188
REPUBLIC ACT NO. 621 - AN ACT CREATING THE UNITED NATIONS

EDUCATIONAL, SCIENTIFIC AND CULTURAL ORGANIZATION NATIONAL
COMMISSION OF THE PHILIPPINES
Section 1. The United Nations Educational, Scientific and Cultural Organization

National Commission of the Philippines, hereinafter referred to as the Commission, is
hereby created under the Department of Foreign Affairs to serve as a liaison agency
between the Government of the Philippines and the United Nations Educational,
Scientific and Cultural Organization (UNESCO) and to associate principal bodies in the
Philippines interested in educational, scientific and cultural matters with the work of the
UNESCO, in accordance with Article VII of the Constitution of the aforesaid Organization
accepted by Joint Resolution Numbered Three of the Congress of the Philippines
adopted on October 17, 1946.
Sec. 2. The members of the Commission shall be appointed by the President of the
Philippines with the consent of the Commission on Appointments and shall be
composed of the following:
(a) Twenty shall be designated by the President of the Philippines upon the
recommendation of organizations interested in educational, scientific and cultural
matters affiliated with and duly registered in the Commission;
(b) Eight shall represent educational, scientific, and cultural agencies of the
Government; and,
(c) Two shall be designated at the discretion of the President.
A Chairman and Vice-Chairman shall be elected by the Commission to serve for a term
of one year or until their respective successors shall have been elected or qualified. The
Chairman shall be the presiding officer of the Commission and shall ex-officio be the
Head of the Executive Committee herein provided.
Sec. 3. The Commission, with the approval of the Secretary of Foreign Affairs, shall
create an Executive Committee and such other committees or sub-committees as may
be necessary for the effective and efficient performance of its powers and duties.
There shall also be a Secretariat to be headed by an Executive Secretary who shall act
as the secretary of the Commission, its committees and sub-committees and shall
attend to all administrative matters of the Commission.
Sec. 4. The members of the Commission shall serve in honorary capacity and shall
receive no compensation or remuneration except travelling expenses and per diems for
189
each day of actual attendance in the sessions of the Commission, its committees, or
sub-committees, in such amounts and under such conditions as the Commission, with
the approval of the President of the Philippines, may prescribe.
Sec. 5. The members of the Commission shall serve for a term of two years: Provided,
however, that fifty per cent of the members first appointed shall serve only for one year
which shall be indicated in their appointments.
Sec. 6. The Commission shall have the following powers and duties:
(a) To meet at least once a year on such date and place as it might designate;
(b) With the approval of the Secretary of Foreign Affairs, to promulgate rules and
regulations for the conduct of its own affairs;
(c) To advise the Government of the Philippines on matters relating to the UNESCO
and on the best ways and means by which educational, scientific, cultural developments
could be best taken advantage of by the Philippines;
(d) To advise Philippine delegations to the UNESCO Conference;
(e) To serve as a liaison agency between the Government of the Philippines and the
UNESCO;
(f) To associate the principal bodies in the Philippines actually interested in

educational, scientific, and cultural matters with the work of the UNESCO; and
(g) To submit an annual report to the President and the Congress of its activities and
accomplishments during the year.
Sec. 7. There is hereby authorized to be appropriated the amount of one hundred and
twenty thousand pesos or so much thereof as may be necessary for the immediate
organization and operation of the Commission up to and including the fiscal year 1951-
1952.
Sec. 8. All acts, or parts of acts, rules, regulations, and executive orders, inconsistent
with the provisions of this Act are hereby repealed.
Sec. 9. This Act shall take effect upon its approval.
190
The United Nations Educational, Scientific and Cultural Organization (UNESCO)

Reporters:
Sittie Mashale Nur N. Ortuoste
Marivic C. Dela Peña
Questions and Answer:

1. Relate the four (4) pillars of learning of the three domains of teaching-learning.
Relating this four pillars of learning to the three domains we can connect on to the
cognitive of the child to the learning to know where they can develop their thinking in
a sufficient knowledge that is more wider and broader which it will give opportunity in
working on the smaller areas of subject, with this they are learning to learn. The other
one that we can relate is the affective to the learning to live together and learning to
be because it focuses to the emotional state of the student where the feelings and
reaction are more complex since it develops the personality and understanding of other
people so that there will be a mutual understanding, proper judgement, personal
responsibility and peace. Last one, is the psychomotor where we can relate it to the
learning to do because it not only acquire the occupational skills but also in the
competence to deal with many situation and team work. By way of they are learning in
doing there are forms of context to the young people various social and work
experiences.
2. By means of graphic organizer, present the characteristics of a Child-Friendly School.
Gender sensitive Child-Centered Promotes good

and not and imparts health practices
descriminating quality learning and behaviors.
Has the best Works closely

interest of with children's
children in mind families
191
Republic Act No. 9231
AN ACT PROVIDING FOR THE ELIMINATION OF THE WORST FORMS OF CHILD

LABOR AND AFFORDING STRONGER PROTECTION FOR THE WORKING CHILD,
AMENDING FOR THIS PURPOSE REPUBLIC ACT NO. 7610, AS AMENDED,
OTHERWISE KNOWN AS THE "SPECIAL PROTECTION OF CHILDREN AGAINST
CHILD ABUSE, EXPLOITATION AND DISCRIMINATION ACT"
Be it enacted by the Senate and the House of Representatives of the Philippines in

Congress assembled:
Section 1. Section 2 of Republic Act No. 7610, as amended, otherwise known as the
"Special Protection of Children Against Child Abuse, Exploitation and Discrimination
Act", is hereby amended to read as follows:
"Sec. 2. Declaration of State Policy and Principles. - It is hereby declared to be the

policy of the State to provide special protection to children from all forms of abuse,
neglect, cruelty, exploitation and discrimination, and other conditions prejudicial to their
development including child labor and its worst forms; provide sanctions for their
commission and carry out a program for prevention and deterrence of and crisis
intervention in situations of child abuse, exploitation and discrimination. The State shall
intervene on behalf of the child when the parent, guardian, teacher or person having
care or custody of the child fails or is unable to protect the child against abuse,
exploitation and discrimination or when such acts against the child are committed by the
said parent, guardian, teacher or person having care and custody of the same.
"It shall be the policy of the State to protect and rehabilitate children gravely threatened
or endangered by circumstances which affect or will affect their survival and normal
development and over which they have no control.
"The best interests of children shall be the paramount consideration in all actions
concerning them, whether undertaken by public or private social welfare institutions,
courts of law, administrative authorities, and legislative bodies, consistent with the
principle of First Call for Children as enunciated in the United Nations Convention on the
Rights of the Child. Every effort shall be exerted to promote the welfare of children and
enhance their opportunities for a useful and happy life."
Section 2. Section 12 of the same Act, as amended, is hereby further amended to read
as follows:
"Sec. 2. Employment of Children - Children below fifteen (15) years of age shall not be
employed except:
192
"1) When a child works directly under the sole responsibility of his/her parents or legal
guardian and where only members of his/her family are employed: Provided, however,
That his/her employment neither endangers his/her life, safety, health, and morals, nor
impairs his/her normal development: Provided, further, That the parent or legal guardian
shall provide the said child with the prescribed primary and/or secondary education; or
"2) Where a child's employment or participation in public entertainment or information

through cinema, theater, radio, television or other forms of media is essential: Provided,
That the employment contract is concluded by the child's parents or legal guardian, with
the express agreement of the child concerned, if possible, and the approval of the
Department of Labor and Employment: Provided, further, That the following
requirements in all instances are strictly complied with:
"(a) The employer shall ensure the protection, health, safety, morals and normal
development of the child;
"(b) The employer shall institute measures to prevent the child's exploitation or
discrimination taking into account the system and level of remuneration, and the
duration and arrangement of working time; and
"(c) The employer shall formulate and implement, subject to the approval and
supervision of competent authorities, a continuing program for training and skills
acquisition of the child.
"In the above-exceptional cases where any such child may be employed, the employer
shall first secure, before engaging such child, a work permit from the Department of
Labor and Employment which shall ensure observance of the above requirements.
"For purposes of this Article, the term "child" shall apply to all persons under eighteen
(18) years of age."
Section 3. The same Act, as amended, is hereby further amended by adding new
sections to be denominated as Sections 12-A, 12-B, 12-C, and 12-D to read as follows:
"Sec. 2-A. Hours of Work of a Working Child. - Under the exceptions provided in Section
12 of this Act, as amended:
"(1) A child below fifteen (15) years of age may be allowed to work for not more than
twenty (20) hours a week: Provided, That the work shall not be more than four (4) hours
at any given day;
"(2) A child fifteen (15) years of age but below eighteen (18) shall not be allowed to work
for more than eight (8) hours a day, and in no case beyond forty (40) hours a week;
"(3) No child below fifteen (15) years of age shall be allowed to work between eight
o'clock in the evening and six o'clock in the morning of the following day and no child
193
fifteen (15) years of age but below eighteen (18) shall be allowed to work between ten
o'clock in the evening and six o'clock in the morning of the following day."
"Sec. 12-B. Ownership, Usage and Administration of the Working Child's Income. - The
wages, salaries, earnings and other income of the working child shall belong to him/her
in ownership and shall be set aside primarily for his/her support, education or skills
acquisition and secondarily to the collective needs of the family: Provided, That not more
than twenty percent (20%) of the child's income may be used for the collective needs of
the family.
"The income of the working child and/or the property acquired through the work of the
child shall be administered by both parents. In the absence or incapacity of either of the
parents, the other parent shall administer the same. In case both parents are absent or
incapacitated, the order of preference on parental authority as provided for under the
Family Code shall apply.
"Sec. 12-C. Trust Fund to Preserve Part of the Working Child's Income. - The parent or
legal guardian of a working child below eighteen (18) years of age shall set up a trust
fund for at least thirty percent (30%) of the earnings of the child whose wages and
salaries from work and other income amount to at least two hundred thousand pesos
(P200,000.00) annually, for which he/she shall render a semi-annual accounting of the
fund to the Department of Labor and Employment, in compliance with the provisions of
this Act. The child shall have full control over the trust fund upon reaching the age of
majority.
"Sec. 12-D. Prohibition Against Worst Forms of Child Labor. - No child shall be engaged
in the worst forms of child labor. The phrase "worst forms of child labor" shall refer to
any of the following:
"(1) All forms of slavery, as defined under the "Anti-trafficking in Persons Act of 2003", or
practices similar to slavery such as sale and trafficking of children, debt bondage and
serfdom and forced or compulsory labor, including recruitment of children for use in
armed conflict; or
"(2) The use, procuring, offering or exposing of a child for prostitution, for the production
of pornography or for pornographic performances; or
"(3) The use, procuring or offering of a child for illegal or illicit activities, including the
production and trafficking of dangerous drugs and volatile substances prohibited under
existing laws; or
"(4) Work which, by its nature or the circumstances in which it is carried out, is
hazardous or likely to be harmful to the health, safety or morals of children, such that it:
"a) Debases, degrades or demeans the intrinsic worth and dignity of a child as a human
being; or
194
"b) Exposes the child to physical, emotional or sexual abuse, or is found to be highly
stressful psychologically or may prejudice morals; or
"c) Is performed underground, underwater or at dangerous heights; or
"d) Involves the use of dangerous machinery, equipment and tools such as power-driven
or explosive power-actuated tools; or
"e) Exposes the child to physical danger such as, but not limited to the dangerous feats
of balancing, physical strength or contortion, or which requires the manual transport of
heavy loads; or
"f) Is performed in an unhealthy environment exposing the child to hazardous working

conditions, elements, substances, co-agents or processes involving ionizing, radiation,
fire, flammable substances, noxious components and the like, or to extreme
temperatures, noise levels, or vibrations; or
"g) Is performed under particularly difficult conditions; or
"h) Exposes the child to biological agents such as bacteria, fungi, viruses, protozoans,
nematodes and other parasites; or
"i) Involves the manufacture or handling of explosives and other pyrotechnic products."
Section 4. Section 13 of the same Act is hereby amended to read as follows:
"Sec. 13. Access to Education and Training for Working Children - "a) No child shall be
deprived of formal or non-formal education. In all cases of employment allowed in this
Act, the employer shall provide a working child with access to at least primary and
secondary education.
"b) To ensure and guarantee the access of the working child to education and training,
the Department of Education (DEPED) shall: (1) formulate, promulgate, and implement
relevant and effective course designs and educational programs; (2) conduct the
necessary training for the implementation of the appropriate curriculum for the purpose;
(3) ensure the availability of the needed educational facilities and materials; and (4)
conduct continuing research and development program for the necessary and relevant
alternative education of the working child.
"c) The DEPED shall promulgate a course design under its non-formal education
program aimed at promoting the intellectual, moral and vocational efficiency of working
children who have not undergone or finished elementary or secondary education. Such
course design shall integrate the learning process deemed most effective under given
circumstances."
"Sec. 14. Prohibition on the Employment of Children in Certain Advertisements. - No

child shall be employed as a model in any advertisement directly or indirectly promoting
195
alcoholic beverages, intoxicating drinks, tobacco and its byproducts, gambling or any
form of violence or pornography."
Section 6. Section 16 of the same Act, is hereby amended to read as follows:
"Sec. 16. Penal Provisions -

"a) Any employer who violates Sections 12, 12-A, and Section 14 of this act, as
amended, shall be penalized by imprisonment of six (6) months and one (1) day to six
(6) years or a fine of not less than Fifty thousand pesos (P50,000.00) but not more than
Three hundred thousand pesos (P300,000.00) or both at the discretion of the court.
"b) Any person who violates the provision of Section 12-D of this act or the employer of
the subcontractor who employs, or the one who facilitates the employment of a child in
hazardous work, shall suffer the penalty of a fine of not less than One hundred thousand
pesos (P100,000.00) but not more than One million pesos (P1,000,000.00), or
imprisonment of not less than twelve (12) years and one (1) day to twenty (20) years, or
both such fine and imprisonment at the discretion of the court.
"c) Any person who violates Sections 12-D(1) and 12-D(2) shall be prosecuted and
penalized in accordance with the penalty provided for by R. A. 9208 otherwise known as
the "Anti-trafficking in Persons Act of 2003": Provided, That Such penalty shall be
imposed in its maximum period.
"d) Any person who violates Section 12-D (3) shall be prosecuted and penalized in
accordance with R.A. 9165, otherwise known as the "Comprehensive Dangerous Drugs
Act of 2002"; Provided, That such penalty shall be imposed in its maximum period.
"e) If a corporation commits any of the violations aforecited, the board of

directors/trustees and officers, which include the president, treasurer and secretary of
the said corporation who participated in or knowingly allowed the violation, shall be
penalized accordingly as provided for under this Section.
"f) Parents, biological or by legal fiction, and legal guardians found to be violating
Sections 12, 12-A, 12-B and 12-C of this Act shall pay a fine of not less than Ten
thousand pesos (P10,000.00) but not more than One hundred thousand pesos
(P100,000.00), or be required to render community service for not less than thirty (30)
days but not more than one (1) year, or both such fine and community service at the
discretion of the court: Provided, That the maximum length of community service shall
be imposed on parents or legal guardians who have violated the provisions of this Act
three (3) times; Provided, further, That in addition to the community service, the penalty
of imprisonment of thirty (30) days but not more than one (1) year or both at the
discretion of the court, shall be imposed on the parents or legal guardians who have
violated the provisions of this Act more than three (3) times.
"g) The Secretary, of Labor and Employment or his/her duly authorized representative
may, after due notice and hearing, order the closure of any business firm or
establishment found to have violated any of the provisions of this Act more than three
(3) times. He/she shall likewise order the immediate closure of such firm or
establishment if:
196
"(1) The violation of any provision of this Act has resulted in the death, insanity or
serious physical injury of a child employed in such establishment; or
"(2) Such firm or establishment is engaged or employed in prostitution or in obscene or

lewd shows.
"h) In case of such closure, the employer shall be required to pay the employee(s) the
separation pay and other monetary benefits provided for by law."
Section 7. The same Act is hereby further amended by adding a new section to be
denominated as Section 16-A, to read as follows:
"Sec. 16-A. Trust Fund from Fines and Penalties - The fine imposed by the court shall
be treated as a Trust Fund, administered by the Department of Labor and Employment
and disbursed exclusively for the needs, including the costs of rehabilitation and
reintegration into the mainstream of society of the working children who are victims of
the violations of this Act, and for the programs and projects that will prevent acts of child
labor."
"Sec. 27. Who May File a Complaint - Complaints on cases of unlawful acts committed
against children as enumerated herein may be filed by the following:
"(a) Offended party;

"(b) Parents or guardians;
"(c) Ascendant or collateral relative within the third degree of consanguinity;
"(d) Officer, social worker or representative of a licensed child-caring institution;
"(e) Officer or social worker of the Department of Social Welfare and Development;
"(f) Barangay chairman of the place where the violation occurred, where the child is
residing or employed; or
"(g) At least three (3) concerned, responsible citizens where the violation occurred."
Section 9. The same Act is hereby further amended by adding new sections to Section
16 to be denominated as Sections 16-A, 16-B and 16-C to read as follows:
"Sec. 16-A. Jurisdiction - The family courts shall have original jurisdiction over all cases
involving offenses punishable under this Act: Provided, That in cities or provinces where
there are no family courts yet, the regional trial courts and the municipal trial courts shall
have concurrent jurisdiction depending on the penalties prescribed for the offense
charged.
"The preliminary investigation of cases filed under this Act shall be terminated within a
period of thirty (30) days from the date of filing.
197
"If the preliminary investigation establishes a prima facie case, then the corresponding
information shall be filed in court within forty eight (48) hours from the termination of the
investigation.
"Trial of cases under this Act shall be terminated by the court not later than ninety (90)
days from the date of filing of information. Decision on said cases shall be rendered
within a period of fifteen (15) days from the date of submission of the case.
"Sec. 15. Exemptions from Filing Fees. - When the victim of child labor institutes a
separate civil action for the recovery of civil damages, he/she shall be exempt from
payment of filing fees.
"Sec. 16-C. Access to Immediate Legal, Medical and Psycho-Social Services - The
working child shall have the right to free legal, medical and psycho-social services to be
provided by the State."
Section 10. Implementing Rules and Regulations - The Secretary of Labor and
Employment, in coordination with the Committees on Labor and Employment of both
Houses of Congress, shall issue the necessary Implementing Rules and Regulations
(IRR) to effectively implement the provisions of this Act, in consultation with concerned
public and private sectors, within sixty (60) days from the effectivity of this Act.
Such rules and regulations shall take effect upon their publication in two (2) national
newspapers of general circulation.
Section 11. Separability Clause. - If any provision of this Act is declared invalid or
unconstitutional, the validity of the remaining provisions hereof shall remain in full force
and effect.
Section 12. Repealing Clause. - All laws, decrees, or rules inconsistent with the
provisions of this Act are hereby repealed or modified accordingly.
Section 13. Effectivity. - This Act shall take effect fifteen (15) days from the date of its
complete publication in the Official Gazette or in at least two (2) national newspapers of
general circulation.
198
MONTESA K. ANGGOL-BSED2-FIL
SHIELYN B. MARTINEZ-BSED2-FIL
PC-THE2(01:30-02:30)
1. Which provision/s are more significant to you ? Share and discuss.
Answer: For me is the Indigenous Children in the Convention are indicative of the
recognition that they require special measures in order to fully enjoy their rights.
Indigenous Children as provided for by the Convention on the Rights of the Child draws
on the legal developments and initiatives. The primary objective of this general comment
is to provide States with guidance on how to implement their obligations under the
Convention with respect to Indigenous Children. The Committee bases this general
comment on its experience in interpreting the provisions of the Convention in relation to
Indigenous Children. Furthermore, the general comment is based upon the
recommendations adopted following the Day of General Discussion on Indigenous
Children in 2003 and reflects a consultative process with relevant stakeholders,
including Indigenous Children themselves.
The general comment aims to explore the specific challenges which impede Indigenous
Children from being able to fully enjoy their rights and highlight special measures
required to be undertaken by States in order to guarantee the effective exercise of
Indigenous Children’s rights. Furthermore, the general comment seeks to encourage
good practices and highlight positive approaches in the practical implementation of
rights for Indigenous Children.
2. Which article make provision on Children of indigenous groups ? Explain the

significance of the provision.
Answer: Article 30: Children of minorities and indigenous group states that “ In those
States in which ethnic, religious, or linguistic minorities or persons of indigenous origin
exist, a Child belonging to such a minority or who is indigenous shall not be denied the
199
right, in community with other members of their group, to enjoy his or her own culture, to
profess and practice his or her own religion or to use their own language. ”
Furthermore, article 29 of the Convention provides that “ Education of the Child shall be
directed to the preparation of the Child for responsible life in a free society, in the spirit
of understanding, peace, tolerance, equality of sexes, and friendship among all peoples,
ethnic, national and religious groups and persons of indigenous origin ”. Article 17 of the
Convention also makes specific mention as States parties shall “encourage the mass
media to have particular regard for the linguistic needs of the Child who belongs to a
minority group or who is indigenous”.
Indigenous Children face significant challenges in exercising their rights and has issued
specific recommendations to this effect in its concluding observations. Indigenous
Children continue to experience serious Discrimination contrary to article 2 of the
Convention in a range of areas, including in their access to Health care and Education,
which has prompted the need to adopt this general comment.
3. Read articles 1, 2 and 13. What Filipino traits run counter to the child’s rights to
expression of his/her views?
Answer: Article 1. For the purpose of the present Convention, a child means every
human being below the age of 18 years unless, under the law applicable to the child,
majority is attained earlier. Article 2. (1) States Parties shall respect and ensure the
rights set forth in the present Convention to each child within their jurisdiction without
discrimination of any kind, irrespective of the child’s or his or her parent’s of legal
guardian’s race, colour, sex, language, religion, political or other opinion, national, ethnic
or social origin, property, disability, birth or other status.
(2) States parties shall take all appropriate measures to ensure that the child is
protected against all forms of discrimination or punishment on the basis of the status,
activities, expressed opinions, or beliefs of the child’s parents, legal guardians, or family
member. Article 13. (1) The child shall have the right to freedom of expression; this right
shall include freedom to seek, receive and impart information and ideas of all kinds,
200
regardless of frontiers, either orally, in writing or in print, in the form of art, or through
any other media of the child’s choice. (2) The exercise of this right may be subject to
certain restrictions, but these shall only be such as are provided by law and are
necessary: (a) For the respect of the rights of reputations of others; or (b) For the
protection of national security or of public order (order public), or of public health or
morals.
4. What can teacher do to promote children’s health?
Answer: Article 39. States parties shall take all appropriate measures to promote
physical and psychological recovery and social reintegration of a child victim of any
forms of neglect, exploitation, or abuse, torture or any other form of cruel, inhuman or
degrading treatment or punishment; or armed conflicts. Such recovery and reintegration
shall take place in an environment which fosters the health, self- respect, and dignity of
the child.
201

Legal Foundation of Teachers - COMPILATION

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Legal Foundation of Teachers - COMPILATION

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BASIC LAWS ON THE PROFESSIONALIZATION OF TEACHING

NOW, THEREFORE, I, FERDINAND E. MARCOS, President of the Philippines, by

1) Secretary of Education and Culture

BABES D. DICO BSED-FILIPINO2

1. Is teaching your first choice as a career? Why?

Teaching is in a unique position to have a direct impact on students. If I

2. What do you profess when you become a teacher?

 What are expected of a teacher as a professional?

REPUBLIC ACT NO. 7836

REPUBLIC ACT NO. 7836 AN ACT TO STRENGTHEN THE REGULATION AND

SECTION 1. Short Title. — This Act shall be known as the "Philippine Teachers

Sec. 3. Objectives. — This Act has the herein objectives:

(a) "Teaching" — refers to the profession concerned primarily with classroom

ARTICLE II BOARD FOR PROFESSIONAL TEACHERS

Sec. 11. Secretariat and Support Services. — The Professional Regulation

ARTICLE III EXAMINATION AND REGISTRATION

Sec. 13. Examination, Registration and License Required. — Except as otherwise

Sec. 14. Scope of Examination. — The examinations for the elementary and

Sec. 15. Qualification Requirements of Applicants. — No applicant shall be admitted

Sec. 19. Periodic Merit Examination of Teachers. — To encourage continuing

Sec. 21. Incentives. — Teachers who pass the merit examination shall:

(a) Be awarded a diploma of merit by the Board;

Sec. 23. Revocation of the Certificate of Registration, Suspension from the

(f) Chronic inebriety or habitual use of drugs;cralaw

Sec. 25. Roster of Professional Teachers. — A roster of professional teachers

ARTICLE IV PROVISIONS RELATIVE TO THE PRACTICE OF THE TEACHING

Sec. 27. Inhibition against the Practice of the Teaching Profession. — Except as

CODE OF ETHICS FOR PROFESSIONAL TEACHERS

Article I: Scope and Limitations

Article II: The Teacher and the State

Article III: The Teacher and the Community

Section 6. Every teacher is intellectual leader in the community, especially in the

Article IV: A Teacher and the Profession

Section 3. Every teacher shall participate in the Continuing Professional Education

Article V: The Teachers and the Profession

Section 4. A teacher shall hold inviolate all confidential information concerning

Article VI: The Teacher and Higher Authorities in the Profession

Section 6. A teacher who accepts a position assumes a contractual obligation to live up

Article VII: School Officials, Teachers, and Other Personnel

Section 4. No school officials shall dismiss or recommend for dismissal a teacher or

Article VIII: The Teachers and Learners

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

quality of academic performance.

Section 9. A teacher shall ensure that conditions contribute to the maximum

Article IX: The Teachers and Parents

Section 3. A teacher shall hear parentâ€™s complaints with sympathy and

Article X: The Teacher and Business

Section 3. No teacher shall act, directly or indirectly, as agent of, or be financially

and sale of such commodities.

Article XI: The Teacher as a Person

Article XII: Disciplinary Actions

Article XIII: Effectivity

REPUBLIC ACT NO. 9293

AN ACT AMENDING CERTAIN SECS OF REPUBLIC ACT NUMBERED SEVENTY-

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

Republic Act No. 9293

THE 1987 CONSTITUTION OF THE REPUBLIC OF THE PHILIPPINES

EDUCATION, SCIENCE AND TECHNOLOGY, ARTS, CULTURE AND SPORTS

Section 2. The State shall:

The control and administration of educational institutions shall be vested in citizens of

No educational institution shall be established exclusively for aliens and no group of

Proprietary educational institutions, including those cooperatively owned, may likewise