Republic of the Philippines

President Ramon Magsaysay State University

(Formerly Ramon Magsaysay Technological University)
Iba, Zambales, Philippines
Tel/Fax No.: (047) 811-1683
College of Teacher Education
College/Department COLLEGE OF TEACHER EDUCATION
Course Code FTC3
Course Title THE TEACHING PROFESSION
Place of the Course in METHODS AND STRATEGIES
the Program
Semester & Academic First Semester, AY 2020-2021
Year

MODULE 10: CONSTIUTIONAL

PROVISION EXCERPTS FROM
PHILIPPINE LAWS AND UNITED
NATIONS’ ACTIONS AFFECTING THE TEACHING
PROFESSION

Objectives:

1. Internalize the basic laws on education and their implementations.

2. Be clarified on the rights, duties and obligations of a teacher.

3. Be informed of the government policies on recruitment and development

4. Clarify disciplinary procedures applied to teachers as they exercise the special

parental authority and responsibility over the learners inside or outside the
premises of the school.

5. Internalize the rights, duties and obligations of the academic community

(learners, teachers, parents, non-academic staff).

6. Recognize UN programs and projects affecting education and see their

relevance to the teaching profession.

7. Be aware of all available laws concerning teaching as a profession and teachers

as professionals.
Topics:
1. Important provisions of the 1987 Constitution
2. Special features of Republic Act No. 4670
3. Important Articles and Sections under Batas Pambansa Blg. 232
4. Substance of Republic Act No. 9155
5. New Organizational Structure of the Department of Education Fields
6. Excerpts from the Family Code of the Philippines
7. Excerpts from Republic Act No. 7610
8. Excerpts from Republic Act No. 7877
9. Excerpts from RA. 8980
10. Republic Act No. 10157
11. Provisions of UNESCO, UNICEF and the Convention on the Rights of Children
12. Republic Act No. 10533
13. Excerpts from Republic Act N. 10931

‘A true teacher does not terrorize ignorant students, because a true teacher
knows that it is his job to cure ignorance.” - Senator Miriam Defensor-Santiago

Lesson 1.

Constitutional Provisions, Excerpts from Philippine Laws and United

Nations’ Actions Affecting the Teaching Profession

1. Important Provisions of the 1987 Constitution

The 1987
Philippine
Article II, Declaration of Principle and State Policies,
Constitution
Section 13 states that: was created on
October 15,
"The State recognizes the vital role of the youth in 1986 and
nation-building and shall promote and protect their
ratified on
physical, moral, spiritual, intellectual, and social well- February 02,
being, It shall inculcate in the youth patriotism and
1987
nationalism, and encourage their involvement in public
and civic affairs."

The same article, Section 17, states that:

"The State shall give priority to education, science and technology, arts,
culture, and sports to foster patriotism and nationalism, accelerate social
progress, and promote total human liberation and development."

2. Important Features of Republic Act No. 4670

R.A. 4670 become a Article I, Section 3 of the Act set foot the minimum
law in June 18, 1966 educational qualifications for teacher applicants such
and is known as the as:
Magna Carta for
Public School 1. For teachers in the kindergarten and
Teachers elementary grades, Bachelor's degree in Elementary
Education (B.S.EED.);
Signed by President
Ferdinand E Marcos 2. 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

RA. 4670 3. For teachers of secondary vocational and two years

ordered the technical courses, Bachelor's degree in the field of
formulation and specialization with at least eighteen professional units
preparation of a in education,
Code of Professional
Conduct for 4. For teachers of courses on the collegiate level, other
Public School than vocational, master's degree with a specific area of
Teachers and specialization;
its
corresponding However, in the absence of applicants who
information possess the minimum educational qualifications as
dissemination provided by the law, the school superintendent
may appoint, under a temporary status, applicants
who do not meet the minimum qualifications that
should teacher applicants, is required to take
Step increment is the
competitive examinations, preference in making
increase
appointments shall be in the order of their
in salary from
respective ranks in said competitive examinations,
step to step
and that the results of the examinations shall be
within the
made public.
salary grade of
a position.
Under the same article, Section 5, the law
provided that those teachers in provisional status
Cost of Living
for lack of necessary civil service eligibility shall be
Allowance (COLA) is
extended permanent appointment for the position
a periodic increase in
he is holding after having rendered at least ten
salaries to
years of continuous, efficient and faithful service in
compensate the loss
such position
in purchasing power
of money due to
Article III, Section 13 emphasized that teacher's
inflation.
engagement in actual classroom instruction should not
exceed six hours per day. Any teaching assignments
Salaries of teachers
performed in excess of eight hours a day shall require
are paid in check or
payment of additional compensation of at least twenty-
treasury warrants.
five percent of his regular remuneration
 Moreover, as provided for under this law. any agencies utilizing the
services of teachers shall pay the additional compensation required
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 of Article III likewise provided that teacher's salary shall be based
on general salary scale grade so as to recognize the fact that certain positions
require higher qualifications and greater responsibility that others.

Section 16 of the same article explained that salary scales of teachers shall be
in gradual progression scheme 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.

Among the rights and privileges of teachers under R.A. 4670 are as

follows:

1. Exercise of academic freedom

2. Protection of teachers against transfer from one station Batas Pambansa

to another without consent. Blg. 232 known as
The Education Act
3. Assignment of married teachers in the same school. of 1982 was
signed into law
4. No person shall make any deduction whatsoever from September 11
the salaries of teachers except under specific authority of 1982 by President
law authorizing such deductions Ferdinand E.
5. Compulsory medical examination free of charge once a
year.

6. Compensation for employment injuries under the compensable occupational

disease, that is in accordance with existing laws.

7. Study leave not exceeding one school year after seven years of service while
receiving 60% of monthly salary

8. 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
9. One range salary raise upon retirement for public
Development Goals
school teachers who have fulfilled the age and
under Marcos’ Regime
service requirements
1. To achieve and
10 To freely organize, establish, and or join
maintain an
organizations of their choice whether local, regional,
accelerating rate of
national or international base.
economic
development on social
11. To be freed from any form of discrimination,
progress.
interference or coercion, whatsoever in entrance to
the teaching profession, or during its exercise, or in
2. To ensure the
the termination of services, based on other than
maximum
professional consideration
participation of all the
people in the
12. Establishment of the National Teacher's
attainment and
Organization which shall be consulted in the
enjoyment of the
formulation of national educational policies and
benefits of such
professional standards, and in the formulation of
growth.
national policies governing the social security of the
teachers.
3. To achieve and
strengthen nation
13. Every teacher shall enjoy equitable safeguards at
unity and
each stage of any disciplinary procedure and no
consciousness and
publicity shall be given to any disciplinary action
preserve develop and
being taken against a teacher during the pendency of
promote desirable
his case.
cultural, moral and
spiritual values in o
changing world.

3. Important Chapters, Articles and Sections under Batas Pambansa Blg.

232

Batas Pambansa 232 is an Act providing for the establishment and

maintenance of an integrated system of education applicable to and shall govern
both formal and non-formal systems in public and private schools in all levels or
the entire educational system in the country

The lay out of the Act was of four important parts which made eve aspects
and areas more specific, identified and easy to interpret. This part focused only
on the first three parts.
Important Features of the General Provisions (Part I)

In response to the mandate of the 1972 Philippine The report divisions

Constitution, the State establish and maintain a complete. of Education Act of
adequate and integrated system of education relevant to 1982 include:
eals of national development.
Part I. General
Education Act of 1982 specifically declared that the State Provisions
shall promote the rights of every individual to relevant
Part II. The
quality education, regardless of sex, age, creed, socio-
Educational
economic status, physical and mental conditions, or
Community
ethnic origin, political or other affiliation Furthermore,
the Law stated that its is the role of the state to promote Part III . The
and maintain equality of access to education as well as Educational Systems
the enjoyment of the benefits of education by all its
citizens. Part IV. The Ministry
of Education, Culture
The Law likewise gave emphasis on the protection of the and Sports.
rights of Indigenous People (IP) of the country as part of
the nation's cultural communities and that includes the
exercise of the IP's rights to develop themselves within The members of the
the context of their cultures, customs, traditions, interest educational
and belief, and recognizes education as an instrument for community ate the
their maximum participation in national development parents or guardians
and in ensuring their involvement in achieving national of students, the
unity students pupil
/school personnel
The Aims of Educational system are: teaching personnel
or academic shell
1 Provide for a broad general education that will assist
school administrators
each individual in the peculiar ecology of his own Society,
academic non
to attain his potentials as a human being: enhance the
teaching personnel
range and quality of individual and group participation in
and non-codes
the basic functions of society; and acquire the essential
personnel,
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 way through a

system of educational planning and evaluation
Important Features of the Educational Community 1982 (Part lI)

Chapter 1. Preliminary Provisions

Are those enrolled in and who regularly attend an educational institution of

secondary or higher level or a person Under the part of the Law on Education
Community. Chapter II Sections 1 to 7, the term educational community we
defined as those persons or groups of persons as such or institutions involved in
organized teaching and learning systems. The members of the education
community were the parents or guardians or the head of the institution or foster
home which has custody of the pupil or student, the students/pupils engaged in
formal study including those who regularly attend a school of elementary level
termed as pupils under the supervision and tutelage of a teacher, schod
personnel or all persons working for an educational institution, which includes
the teaching personnel 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, school administrators or all persons occupying policy
implementing positions having to do with the functions of the school in all levels,
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
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, and the school or institution recognized by
the State which undertake educational operations.

Chapter 2. Rights

Chapter II, Section 8 to 13 of the same part enumerated the rights of parents,
students, school personnel, teaching/academic staff, school
administration, and the school Education Act of
1982 provided the
Rights of Parents: scope of the nights
and enumerated
1. The right to organize by themselves and/or with teachers the duties,
for the purpose of providing a forum for the discussion of obligations and
matters relating to the total school program, and for responsibilities of
ensuring the full cooperation of nation parents and teachers parents teachers,
in the formulation and efficient implementation of such Students, school
programs. administration.

2 The right to access to any official record directly relating to

the children who are under their parental responsibility

Right of Students in School

1. The right to receive, primarily through competent instruction, relevant quality
education in line with national goals and conducive to their full development as
person with human dignity.

2. The right to freely chose their field of study subject to existing curricula and to
continue their course therein up to graduation, except in cases of academic
deficiency, or violation of disciplinary regulations.

3.The right to school guidance and counseling services for decisions and
selecting the alternatives in fields of work suited to his potentialities.

4. The right of access to his own school records, the confidentiality of which the
school shall maintain and preserve:

5. The right to the issuance of official certificates, diplomas, transcript of records,

grades, transfer credentials and other similar documents within thirty days from
request

6. The right to publish a student newspaper and similar publications as well as

the right to invite resource persons during assemblies, symposia and other
activities of similar nature.

7. The right to free expression of opinions and suggestions, and to effective

channels of communication with appropriate academic channels and
administrative bodies of the school or institution.

8. The right to form, establish, join and participate in organizations and societies
recognized by the school to foster their intellectual, cultural, spiritual and
physical growth and development or to form, establish join and maintain
organizations and societies for purposes not contrary to law.

9. The right to be free from involuntary contributions, except those approved by

their own he organizations or societies

Rights of 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 proceeding 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 School
administrators ore persons in authority, only while in the discharge of lawful
duties and responsibilities.
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 Special Rights and/or Privileges of Teaching or
Academic Staff:

1. The right to be free from compulsory assignments not related to their

duties as defined in their appointments or employment contracts, unless
compensated therefor, conformably to existing law.

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

3. Teachers shall be deemed persons in authority when in the discharge

of lawful duties and responsibilities, and shall, therefore, be accorded due
respect and protection.

4. Teachers shall be accorded the opportunity to choose alternative

career lines either in school administration, in classroom teaching, or others,
for purposes of career advancement

Special Rights of School Administration:

1. while in the discharge of lawful duties and responsibilities and shall therefore
be accorded due respect and protection
During the
Rights of Schools implementation
of Education Act
1. The right of their governing boards or lawful authorities of 1982, the
to provide for the proper governance of the school and to educational under
adopt and enforce administrative or management systems the
system in the
2. The right for institutions of higher learning to determine Philippines was
on academic grounds who shall be admitted to study, who supervision of
may teach, and what shall be subjects of the study and the Ministry of
research. Education
Culture and
Chapter 3. Duties and Obligations Sports
Chapter 3, Sections 14 to 18 of Part I, provided the
duties and obligations of parents, students, teachers, school The Code of
administrators, and non-teaching personnel of the school. Ethical

Duties of Parents: Standards for

teachers
1. Parents, individually or collectively, through the school explained further
systems, shall help carry out the educational objectives in the provisions of
accordance with national goals Education Act of
1982 on teachers
rights duties and
obligations.
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.

Duties and Responsibilities of Students:

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

undergoing an education suited to his abilities, in order that he may become an
asset to his family and to society.

2. Uphold the academic integrity of the school, endeavor to achieve academic

excellence and abide by the rules and regulations governing his academic
responsibilities and moral integrity.

3. Promote and maintain the peace and tranquility of the school by observing the
rules and discipline, and by exerting efforts to attain harmonious relationships
with fellow students, the teaching and academic staff and other school personnel.

4. Participate actively in civic affairs and in the promotion of the general welfare,
particularly in the social, economic and cultural development of his community
and in the attainment of a just compassionate and orderly society.

5. Exercise his rights responsibly in the knowledge that he is answerable for any
infringement or violation of the public welfare and of the rights of others.

Teacher's Obligations:

1. Perform his duties to the school by discharging his

responsibilities in accordance with the philosophy, goals, and Teachers are
objectives of the school. persons in
authority.
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
School Administrators' Obligations:

1. Perform his duties to the school by discharging his The non teaching
responsibilities in accordance with the philosophy, goals personnel are aiso
and objectives of the school. authorities in the
school as they play
2. Be accountable for the efficient and effective significant role in
administration and management of the school. maintaining and
promoting
3. Develop and maintain a healthy school atmosphere conducive
conducive to the promotion and preservation of atmosphere for
academic freedom and effective teaching and learning, 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- The Educational

teaching personnel and non-academic staff on their Systems in the
actual performance in relation to their expected Philippines as
performance and counsel them on ways of improving the provided for under
same the Education Act
6. Observe due process, fairness, promptness, privacy, of 1982 was
constructiveness and consistency in disciplining his consists of Formal
teachers and other personnel Education Non
7. Maintain adequate records and submit required Formal Education
reports to the Ministry of Education, Culture and Sports and Specialized
Educational
Obligations of Academic Non Teaching Personnel: Services

1. Improve himself professionally be keeping abreast of the latest trend 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.

 Important Features of the Educational Systems Under Education Act of
1982 (Part III)

Chapter 1. The Formal Education

Formal Education 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 that begins from elementary level to tertiary
level

Levels of Formal education:

1. Elementary Education the first stage of

The State
compulsory, formal education primarily concerned with
recognizes that
providing basic education and usually corresponding to
formal education,
six or seven grades, including pre-school programs
or the school
system, is society's
2. Secondary Education the state of formal
primary learning
education following the elementary level concerned
system, and
primarily with continuing basic education and
therefore the main
expanding it to include the learning of employable
instrument for the
gainful skills, usually corresponding to four years of high
achievement of the
school
country’s
3. Tertiary Education. - post secondary schooling is
educational
higher education leading to a degree in a specific
objectives.
profession or discipline.

Objectives of Elementary Education: Levels of Formal

Education
1. To provide the knowledge and develop the skills,
attitudes, and values essential to personal development L Elementary
and necessary for living in and contributing to a Education
developing and changing social milieu
2. Secondary
2. To provide learning experiences which increase the Education
child's awareness of and responsiveness to the changes
in and just demands of society and to prepare him for 3. Tertiary
constructive and effective involvement; Education
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.
Objectives of Secondary Education:

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 the skills for productive endeavor and/or prepare him
for tertiary schooling.

Objectives of Tertiary Education:

1. To provide 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
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 Formal Education and Specialized Educational Services.

Non-formal Education and Specialized Educational Service are specific types

which shall be guided by the basic policies of the State includes

1. “Work Education” or "Practical Arts, as a program of basic education which

aims to develop the night attitudes towards work and "technical vocational
education” post-secondary but non-degree programs leading to post one, two or
three year certificates in preparation for a group of middle- level occupations.

The role further preview the contest the formal education system, sensor te
meet space need of cet centele Prne Education institution process belle revenge
Gmar b ed b MECE The government mot preve private school intended for
educational

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
the 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 obtaining 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.
Objectives of non- formal education

1. To eradicate illiteracy and raise the level of functional literacy of the

population.

Private school must be established as a non- stock educational corporation in

accordance with the “provisions of the Corporation Code of the Philippines but
may be waved in case of family-administered pre-school institutions.

2. To provide unemployed and underemployed youth and adults with

appropriate vocational/technical skills to enable them to become more
productive and effective citizens, and
3. 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

Part III. Chapter 3 Sections 25 to 29 distinct public from private school Schools
are duly established institutions of learning or educational institutions which
maybe run by the government or private entities. Public Schools are educational
institutions established and administered by the government while Private
Schools are educational institutions maintained and administered by private
individuals or groups.

The educational operations of schools shall be subjected to the 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 program 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 Series the there who are qualified to
apply, providing for a permit system or Certificate of Recognition, for the grant of
recognition and for its cancellation and 1982, the withdrawal, and providing for
related matters.

Chapter 4: Internal Organizations of Schools

Chapter 4, Sections 30 to 32 discusses the organization of schools, its

governing board, and personnel transactions. Each school, whether public or
private shall be established with Internal organization to carry out its academic
and administrative functions within the bounds of law. The members of the
educational community is mandated is set or establish an arrangement for
peaceful settlement of dispute arising between and among the members.
Since the promulgation of Education of 1982, the government encourages
voluntary program accreditation for institutions to meet standards of quality
over and above the minimum State required for State recognition.

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, whichever is applicable. The highest
government board may be called Board of Regents, Board of Trustees or simply
Board.
Among public and State owned institutions, the terms and conditions of
employment of personnel shall be governed by the Civil Service budgetary and
compensation Laws and rules while among private schools dispute arising from
employer-employee relations shall fall under the jurisdiction of the Ministry of
Labor and Employment in joint effort with the Ministry of Education, Culture and
Sports, 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 of Part Ill of the Act stated that it is the policy of the State to
contribute to the financial support of educational programs pursuant to goals of
education as declared in the Constitution. To attain this policy, the government
necessitate to:
1. Adopt measures to broaden access to education through financial
assistance and other forms of incentives to school teachers. pupils and students
and
2. Encourage and stimulate private support to education through inter alia
fiscal and other assistance measures

A. Funding of Public Schools

Section 34 to 39 of the same part laid out that Public school shall be
continuously funded by the national funds of the government. For Local public
school that local government units shall be encouraged to assume operation on

“Private educational institutions undergo o prescribed process before receiving o

Certificate of Recognition to be issued by MECS The government may provide assistance to
private schools intended for educational programs only.”

( Provinces, cities and municipalities and even barangays ore mandated by the Act to
appropriate funds in their annual budgets for the operation and maintenance of public
secondary school on the basis national fund participation Section 36)

the basis of national fund participation and adequate revenue sources which may
be assigned by the national government for the purpose. It is the duty of the
national government shall extend financial aid and assistance to public
secondary schools established and maintained by local govern including
barangay high schools.

Special Education Fund of local government units shall be bored exclusively

for the stated purposes as guaranteed under Section 1 of RA 544) in accordance
with the rules and regulations by the MECS, subject to t provisions of P.D. 477
and P.D. 1375 and any applicable laws.

Under Section 38 of Part l, Secondary and post-secondary school may charge

tuition and other school lees, in order to improve facilities or to accommodate
more students while Section 39 specified that Government supported
educational institution may receive grants, legacies, donations and gifts for
purposes allowed by existing laws Income generated by school from its own
productions activities and 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

Sections 40 to 44 focused on funding of private schools. Accordingly, 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. The government, may provide aid to the
programs of private schools in the form of grants or scholarships or loans from
government financial institutions, provided that the programs are within the
priority list of the State leading to the attainment of national development goals.

Income of the schools from IGP income Generating Project s allowed by law goes to the
coffer the school.

Each private school shall determine its rate of tuition and other schol fees or
charges, subject to rules and regulations promulgated by the Ministry of
Education, Culture and Sports Other sources of funds for private institutions
includes grant and legacy, donation, itt, bequest or devise from any institution,
corporation, foundation trust of philanthropic organization research institution
or organization as may be authorized by law. More private schools are
authorized to engage in any auxiliary enterprise to gene income primarily to
finance their educational operations and/or to reducer need to increase students
lees Tuition fees and other school charges and income from auxiliary enterprises
of schools, shall be treated a institutional font Schools may pool their
institutional funds, in whole or in part, under jon management for the purpose of
generating additional financial resources

C. Incentives to Education

Incentives to education is provided for in the Act under Sections 45 to since

it is the policy of the State to provide an incentive program to encourage the
participation of the community in the development of the educational sector.
 Section 46 clearly states that school properties such as lands, building and
other improvements used actually, directly and exclusively for education
purposes shall be subject to the real property tax based on an assessment fifteen
per cent of the market value of such property, provided that all 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 more than two
representatives of the institutional taxpayers, and, likewise, more than two
residents of the municipality or chartered city who are alumni any of the
institutional taxpayers as members.

The private school board shall adopt its own rules which shall enable r
finance the annual programs and projects of each institutional taxpayer for
following purposes, student pupil scholarships improvement of instruction
including laboratory, facilities and/or equipment library books and periodic
acquisition, and extension service in the community, in that order of priority.

It is also provided under this sections that all gifts or donation in favor any
school, college or university recognized by the Government shall not subject to
tax; Provided, that such gifts or donations shall be for improvement classrooms
and laboratory of library facilities.

All earnings from the investment of any duly established scholarship f of any
school recognized by the government, Under Section 48, constituted from gifts to
the school, and/or from contributions or other resources assigned to fund by the
school, of 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 the shall be subject to tax

All gains realized from the sale, disposition or transfer of property, real of
personal, of any duly established private school, college or university, under
Section 49, 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 became due and payable.

As provided for under Section 50, 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, it 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

D. Assistance to Students

Section 51 to 53 guarantee that the State provides financial assistance to

financially disadvantages and deserving students in the form of State
scholarships, grants-in aid, assistance from the Educational Loan Fund, or
subsidized tuition rates in State colleges and universities. In addition, the State
encourages all educational institutions to grant scholarships to students
pursuant to the provisions of existing laws. Private sectors, especially
educational, institutions, business and industry, shall be encouraged by the State
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.
 Republic of the Philippines

President Ramon Magsaysay State University

(Formerly Ramon Magsaysay Technological University)
Iba, Zambales, Philippines
Tel/Fax No.: (047) 811-1683
College of Teacher Education

ACTVITY 10.1

Name: ____________________________________________________ Date: _____________________

CONSTITUTIONAL PROVISION ON EDUCATION

Direction: Review the contents of Article XIV, Section 5 of the 1935, Article XV,
Section 8.4 of the 1972 and Article II, Section 17 of the 1987 Philippine
Constitutions. Reflect on the provisions then make a comparison. Write your
answer on the box provided below.

Provisions of Provision of Provision of

Article XIV, Article XV, Section Article II, Section
Section 5 of the 8.4 of the 1972 17 of the 1987.
1935.
Similarities

Difference

Your Opinion
 Republic of the Philippines
President Ramon Magsaysay State University
(Formerly Ramon Magsaysay Technological University)
Iba, Zambales, Philippines
Tel/Fax No.: (047) 811-1683
College of Teacher Education

ACTVITY 10.2

Name: ____________________________________________________ Date: _____________________

MAGNA CARTA FOR PUBLIC SSCHOOL TEACHERS (R.A. NO. 4670)

Directions: Review the contents of R.A. No. 4670. Reflect on the provisions of
the law that greatly affect the security of tenure of teachers. Answer the
questions given below. Write your answers on the box provided below.

1. What provisions of the R.A. 4670 protects the teachers with no Civil Service or
PRC eligibilities?

2. As applied in the present need to man the K-12 program, even those without
government eligibilities were hired by the Department of Education for reason
that areas under “dearth” condition.

3. Does this act violate any provision under R.A. 4670? support your answer.
4. What DepEd order made this act possible?