This document compares the key differences between Department of Education Order 88 from 2010 and Department of Education Order 41 from 2022 regarding the ownership requirements and sanctions for private schools. The 2022 order amended the 2010 order to require private schools to provide valid title ownership of their school site or a long-term lease or contract, and strengthened the sanctions for providing fraudulent documents to include automatic denial or permit revocation with no appeal.
This document compares the key differences between Department of Education Order 88 from 2010 and Department of Education Order 41 from 2022 regarding the ownership requirements and sanctions for private schools. The 2022 order amended the 2010 order to require private schools to provide valid title ownership of their school site or a long-term lease or contract, and strengthened the sanctions for providing fraudulent documents to include automatic denial or permit revocation with no appeal.
This document compares the key differences between Department of Education Order 88 from 2010 and Department of Education Order 41 from 2022 regarding the ownership requirements and sanctions for private schools. The 2022 order amended the 2010 order to require private schools to provide valid title ownership of their school site or a long-term lease or contract, and strengthened the sanctions for providing fraudulent documents to include automatic denial or permit revocation with no appeal.
41, s. 2022 Differences Between DO 88, s.2010 and DO 41, s. 2022
DO 88, s. 2010 DO 41, s. 2022
• Section 160 of DepEd
#88,s.2010 is amended as • Section 160. follows: OWNERSHIP • Section 160. OWNERSHIP. Unless exempted by Each private school shall own its site, as evidenced by the Secretary, each a valid Certificate of Title. If private school shall own the private school cannot its site, or shall have a present its title ownership definite and feasible over the school site, such program for ultimate private school should ensure ownership thereof within reasonable and adequate a reasonable period, bases for continued use of which should be the site through: adequate and suitable a. A duly executed deed for the buildings and of sale; activities of the school b. A duly executed deed of donation; c. a duly executed deed of usufruct for a guaranteed period of not less than 15 years; d. A duly executed lease with an initial guaranteed period of not less than 15 years. DO 88, s. 2010 DO 41, s. 2022
• Section 160. • A period of one year
OWNERSHIP shall be allowed, Unless exempted by reckoned from the the Secretary, each submission of the private school shall own deed or contract, for its site, or shall have a the submission of a definite and feasible certified true copy of program for ultimate the title which reflects ownership thereof the annotation of the within a reasonable deed or contract. period, which should be • The presentation of adequate and suitable spurious titles and for the buildings and contracts by the activities of the school school shall cause the automatic denial of their application and/or the revocation of their permit. No reason, excuse, or requests for reconsideration shall be entertained or accepted. DO 88, s. 2010 DO 41, s. 2022
• Section 189. Sanctions • Section of 189 of Deped
Against Private Schools. Order 88, s. 2010 is The following are the amended as follows: sanctions that may be • Section 89. Sanctions imposed against private Against Private Schools. schools for any violation of the rules and The following are sanctions regulations of the that may imposed against Department: private schools for any violation of the rules and a. Suspension of the regulations of the school’s participation in Department: Education Service Contracting (ESC) and a. Suspension of the Education Voucher school’s participation in System( EVS) programs; Education Service Contracting (ESC) and b. Non-issuance of a Education Voucher System( favorable EVS) programs; Recommendation for tax b. Non-issuance of a exemptions; favorable c. Disqualification from Recommendation for tax any financial grant or exemptions; subsidy of the Department; c. Disqualification from d. Suspension of the any financial grant or permit or recognition to subsidy of the Department; operate the school; and d. Suspension of the e. revocation of the permit or recognition to permit or recognition to operate the school; and operate the school e. revocation of the permit or recognition to operate the school DO 88, s. 2010 DO 41, s. 2022
• Application of Application of sanctions
sanctions and and penalties for penalties for violations violations of the rules and of the rules and regulations of the regulations of the Department shall be Department shall be consistent with the consistent with the gravity of the offense or gravity of the offense violation committed by or violation committed the school, provided that by the school. The any misrepresentation as school may appeal the to any of the application of any documentary sanction imposed by a requirements herein, Regional Director to particularly those the Secretary within provided in Section 160 fifteen (15) days from hereof, shall merit the receipt of notice of sanction of revocation of such sanction. the permit or recognition to operate the school. The school may appeal the application of any sanction imposed by a Regional Director to the Secretary within fifteen (15) days from receipt of notice of such sanction.