THE 1987 CONSTITUTION
ARTICLE XIV Sections 1-5(5)
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 rights 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 botth public and private schools, especially
to the underprivileged;
4.
Encourage non-formal and indigenous learning
system, 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 the public elementary and highschools 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.
Section 4.
1.
The state recognizes the complementary roles of
public and private institutions in the educational system and shall exercise
reasonable supervisions and regulations of all educational institutions.
2.
Educational institutions, other than those established
by religious groups and mission boards, shall be allowed 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.
3.
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 enrolment 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.
4.
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 subject to the limitations provided by law including
restrictions on dividends and provisions for reinvestment.
5.
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
sectoral need 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.
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.
BATAS PAMBANSA BLG.232 (THE EDUCATION ACT OF 1982)
This was an act providing for
the establishment and maintenance of an integrated system of education.
In accordance with Section 2, this
act shall apply to and govern both formal and non- formal system in public and
private schools in all levels of the entire educational system.
As provided by this Act, the
national development goals are as follows:
1.
To achieve and maintain an accelerating rate of
economic development and social progress.
2.
To assure 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.
It is also stated in Section 3
that:
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.
RIGHTS OF STUDENTS IN SCHOOL (Section 9)
1.
The right to receive competent instruction
relevant to quality education.
2.
The right to freely choose their field of study
subject to the existing curricula and continue their course up to graduation,
except in cases of academic deficiency or violations of disciplinary
regulations.
3.
The right to school guidance and counselling
services.
4.
The right to access to his own school records
and the confidentiality of it.
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
invite resource persons during symposia, assemblies and other activities.
7.
The right to free expression of opinions and
suggestions and to effective channels of communications with appropriate
academic and administrative bodies of the school or institution.
8.
The right to form or establish, join and
participate in organizations and societies recognized by the school…. Or to
form, 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 organizations and societies.
RIGHTS OF ALL SCHOOL PERSONNEL (Section 10)
1.
Free expression of opinions and suggestions.
2.
To be provided with free legal service by the
appropriate government office in case of public school personnel and the school
authorities concerned in case of private school personnel, when charged in an
administrative, civil and criminal proceedings, by parties other than the
school authorities concerned, for actions committed directly in the lawful
discharge of professional duties and/or in defense of school policies.
3.
Establish join, maintain labor organization of
their choice to promote their welfare and defend their interest.
4.
To be free from involuntary contributions except
those imposed by their own organizations.
SPECIAL RIGHTS and/or PRIVILEGES OF TEACHING OR ACADEMIC STAFF
(Section 11)
1. Right to be free from compulsory assignment not related to their duties defined in their appointments or employment contracts unless compensated thereof (additional compensation Sec. 14 R.A 4670 – at least 25% of his regular remuneration)
2. Right to intellectual property . . . . .
3. Teachers are persons in authority when in lawful discharge of duties and responsibilities shall therefore be accorded due respect and protection (Common-wealth Act No. 578)
4.
Teachers shall be given opportunity to choose
career alternatives for advancements.
RIGHT OF ADMINISTRATORS (Section 12)
School administrators shall be
deemed persons in authority while in the lawful discharge of their duties and
responsibilities shall be accorded
due respect and protection
(Commonwealth Act No. 578
RIGHT OF SCHOOLS (Section 13)
1.
The right of their governing boards…. To adopt
and enforce administrative or management systems.
2.
The rights of institutions of higher learning to
determine on academic grounds who shall be admitted to study, who may teach,
and who shall be the subjects of the study and research.
MAINTENANCE OF QUALITY EDUCATION
1. Voluntary Accreditation (Section 29)
2. Teachers and Administrators obligations and qualification (Section 16 and 17)
3.
Government Financial Assistance to Private
Schools (Section 41)
OTHER LAWS ON EDUCATION
Act No.74
This law was enacted on
January 21, 1901 by the Philippine Commission, and provided:
· Establishment of the Department of Public Instruction headed by General Superintendent
· The archipelago was divided into school divisions and districts for effective management of the school system
· English was made as medium of instruction in all levels of schooling
· Optional religious instruction in all schools (section 16)
·
Establishment of a Trade school in Manila
(Philippine College of Arts and Trade – PCAT not known as Technological University
of the Philippines) a school of Agriculture in Negros, a Normal school in
Manila (Philippine Normal School) (Section 18)
Philippine
Normal School, however, was renamed Philippine Normal College (PNC) by
virtue of Republic Act No. 416 on June 18, 1949. And on December 26, 1991 the
PNC was converted to Philippine Normal University as provided by Republic Act
No. 7168. On June 30, 2006, Republic Act. No. 9467 was signed into law which
designated PNU as the National Center for Teacher Education.
Act No. 2706
This was known as the “Private School Law” enacted on March
10, 1917 by the Philippine Legislature, which made obligatory the recognition
and inspection of private schools and colleges by the Secretary of Public
Instruction so as maintain a standard of Efficiency in all private schools and
colleges in the country.
This law was amended by
Commonwealth Act No. 180 passed on November 13, 1936 which provided that:
The secretary of Public instruction was vested with power to
supervise, inspect and regulate said schools and colleges in order to determine
the efficiency of instruction given in the same.” And all private schools come
under the supervision and regulation of the Secretary of DPI, thus eliminating
“diploma mills” and substandard schools.
Commonwealth Act No. 1 (Amended by R.A 9163)
This law is otherwise known as the “National Defense Act”
passed by the Philippine Assembly on December 21, 1935, which provided in
Section 81 that:
“Preparatory Military training
shall begin with the youth in the elementary grade school at the age of ten
years and shall extend through the remainder of his schooling into college or
post secondary education.
By virtue of Presidential Decree 1706, issued by the late
President Marcos on August 8, 1980, otherwise known as the National service
Law”, Commonwealth Act No.1 was amended, and required all citizens to render ,
civic welfare service law enforcement service and military service.
Commonwealth Act No. 578
This law was enacted on June 8, 1940, and conferred the status
of “persons in authority” upon the teachers, professors, and persons charged
with the supervision of public or duly recognized private schools, colleges and
universities.
This Act also provided a penalty of imprisonment ranging from
six months and one day to six years and a fine ranging from 500 to 1,000 pesos
upon any person found guilty of assault upon those teaching personnel.
Executive Order No. 27
Issued on July 4, 1986, this law seeks to include courses or
subjects on human rights in the school curricula, in textbooks, and other
reading materials and in the qualifying examinations on government service.
Executive Order No. 189
Issued by former President Corazon Aquino on June 10, 1987 it
placed all public secondary school teachers under the administrative
supervision and control of the Department of Education, Culture and Sports.
The basic salaries and cost of living allowances of said
teachers shall be paid by the national government.
Republic Act No. 1079
Approved on June 15, 1959, it provided that Civil Service
eligibility shall be permanent and shall have no time limit.
Republic Act No. 1425
It was approved on June 12, 1956, it prescribed the inclusion
in the curricula of all schools, both public and private, from elementary
schools to the universities, the life, works and writings of Jose Rizal
especially the Noli Me Tangere and El Filibusterismo
Republic Act No. 4670
Known as the “Magna Carta for public School Teachers”. This
was approved on June 18, 1966 to promote and improve the social and economic
status of public school teachers, their living and working conditions, their
employment and career prospects.
It also provided the
following:
Recruitment qualification for
teachers
• Code of Professional Conduct for teachers
• Teaching hours – 6hours of classroom teaching (maximum load)
• Additional compensation – 25% of the regular remuneration
• Health and injury benefits (thru GSIS)
• One year study leave (sabbatical leave) after seven years of continuous teaching, the teacher should receive 60% of the monthly salary.
• One range salary increase upon retirement (basis of computing the retirement fee)
•
Freedom to form organizations
Republic Act No. 6655
Known as the Free Public Secondary Education Act of 1988, it
was approved on May 26, 1988 and provided for:
a. Free public secondary education to all qualified citizens and promote quality education at all levels.
b. No tuition or other fees shall be collected except fees related to membership in the school community such as I.D student organization and publication.
c. Non-payment of these shall not hinder a student from enrollment or graduation.
d. Nationalization of all public secondary schools (section 7)
e.
A student who fails in majority of his academic
subjects for two consecutive years could no longer avail of their program.
Republic Act No. 6728 (Amended by R.A 8545)
Known as the “Act Providing Government Assistance to Student
and Teachers in Private Education”, it was approved on June 10, 1989 and
provided for:
Tuition fee supplement for student in private high schools, vocational and technical courses whose schools charge less than 1,500 pesos tuition fee.
· High schools textbooks assistance fund
· Expansion of Educational Service Contracting Scheme (ESC)
· Voucher system of the Private Education Student Financial Assistance Program (PESFA)
· Scholarship grants to graduating valedictorians and salutatorians
· Tuition fee supplements to students in private colleges and universities
· Educational Loan Fund
·
College Faculty Development Fund
Republic Act No. 7079
Also known as the “Campus Journalism Act of 1991”, this was
signed into law by President Corazon Aquino on July 5, 1991.
This law provides for the promotion and protection of press freedom in the campus by providing for the establishment and maintenance of a student publication in all levels of education in both public and private schools.
This also mandates the DECS to
sponsor periodic competitions, press conferences and training seminar in which
student editors/ writers and teacher advisers of student publications shall
participate.
Republic Act No. 7104
This Act is known as the “Commission on the Filipino Language Act”.
Pursuant to the mandate of the
Constitution, it is hereby declared to be a policy of the Government to ensure
and promote the evolution, development and further enrichment of Filipino as
the national language of the Philippines, on the basis of existing Philippine
and other languages.
To this end, the Government
shall take the necessary steps to carry out the said policy.
Composition of the Commission
The Commission shall be composed of eleven commissioners, one
of whom shall serve as a Chairman. The commissioners shall represent the major
Philippine languages, as defined in the Section 3 of this Act: Tagalog,
Cebuano, Ilocano, Hiligaynon and the major language of Muslim Mindanao; the
Northern Cultural Communities; the Southern Cultural Communities; and such
other Philippine languages or ethnolinguistic regions as the Commission may
decide upon; Provided, That at least
(4) four of these
commissioners shall also represent various disciplines.
The chairman and two (2) of the commissioners shall serve on a
full time basic; the remaining eight (8) shall serve on a part- time basis and
shall attend the regular and special meetings of the Commission.
Appointment and Qualifications of
Commissioners
The commissioners shall be appointed by the President, with
the consent of the Commission on Appointments, from the list of nominees to be
submitted by the different ethnolinguistic regions in the country. The
President shall appoint the eleven (11) commissioners, the Chairman, and the
two (2) full time commissioners.
The President shall likewise appoint from the remaining eight (8) commissioners, four (4) commissioners who shall serve for a term of five (5) years and four (4) who shall choose a temporary or acting chairman from the two (2) full- time commissioners.
No one shall be appointed as commissioner unless he/she is a natural born Filipino citizen, at least thirty (30) years old, morally upright and noted for his/her expertise linguistic, the culture and language of the ethnolinguistic region, and the discipline he/she represents.
Term of Office
The chairman and the two (2) full- time commissioners shall serve for a term of seven (7) years. Four (4) other commissioners shall serve for a term of five (5) years and the four (4) other commissioners, for a term of three (3) years.
The commissioners may be
reappointed for a maximum of one (1) term by the President with the consent of
the Commission on Appointments. In case a vacancy occurs prior to the
expiration of the term of office of a commissioner, the replacement shall serve
only the unexpired portion of the term of office that was vacated.
The commission shall, within
thirty (30) days from the date the vacancy occurs, recommend to the President a
replacement from the list of nominees submitted by the particular
ethnolinguistic region affected by the vacancy, subject to the confirmation of
the Commission on Appointments: Provided, That, in the event the Commission
fails to make such recommendation, the vacancy shall be filled up by the
President, also from the said list of nominees and with the consent of the
Commission on Appointments.
Organizational Structure
The Commission shall determine its organizational structure:
Provided, that technical personnel of the Commission shall be exempt from the
rules and regulations of the Office of Compensation and/or eligibility
requirements of the Civil Service Commission.
Director General
There shall be a director general who shall be appointed by
the Commission for a term of seven (7) years and who may be reappointed for a
maximum of one (1) term.
The Commission shall determine
the powers, functions, duties and compensation of the director general.
Republic Act No. 7356
This Act is the “Law Creating the National Commission for Culture and
the Arts.”
Based on the provisions of this law, the Filipino national culture shall be (a) independent free of political and economic structures which inhibit cultural sovereignty; (b) equitable, effectively creating and distributing cultural opportunities and correcting the imbalance that has long prejudiced the poor and other marginalized sector who have the least opportunities for cultural development and educational growth; (c) dynamic continuously developing in pace with scientific, technological, social, economic and political changes bot in national and international levels; progressive, developing the vast potential of all Filipinos as responsible change agents of society; and (e) humanistic, ensuring the freedom and creativity of the human spirit.
The Filipino national culture
shall be evolved and developed by the people themselves in a climate of freedom
and responsibility. National cultural policies and programs shall be formulated
which shall be; (a) pluralistic, fostering deep respect for the cultural
identity of each locality, as well as elements assimilated from other cultures
through the natural process of acculturation;(b) democratic, encouraging and
supporting the participation of the vast masses of our people in its program
and projects; (c) nonpartisan, open to all people and institutions, regardless
of creed , affiliation, ideology, ethnic origin, age, gender, or class, with no
organized group or sector having monopoly of its services, and (d) liberative,
having concern for the decolonization and emancipation of the Filipino psyche
in order to ensure the full flowering of Filipino culture.
Preservation of the Filipino
Heritage
It is the duty of every
citizen to preserve and conserve the Filipino historical and cultural heritage
and resources. The retrieval and conservation of artifacts of Filipino culture
and history shall be vigorously pursued.
The Commission
A National Commission for Culture and Art is hereby created to
formulate policies for the development of culture and arts, implement these
policies in coordination with affiliated cultural agencies; administer the
National Endowment Fund for Culture and Arts (NEFCA); encourage artistic
creation within a climate of artistic freedom; develop and promote the Filipino
national culture and arts; and preserve Filipino cultural heritage. The
Commission shall be an independent agency.
It shall render an annual
report of its activities and achievements to the President and to Congress.
Composition
The Commission shall be composed of the following members:
· The Undersecretary of the Department of Education, Culture and Sports
· The Undersecretary of the Department of Tourism;
· The Chairman of the House Committee on Culture;
· The Chairman of the Senate Committee on Culture
· The President of the Cultural Center of the Philippines
· The Executive Director of the National Historical Institute
· The Director of the National Museum
· The Director of the National Library
· The Director of the Institute of the Philippine Languages
· The Director of the Records Management and Archives Office;
· The Executive Director of the Commission
· The Head of the Sub commission on Cultural Communities and Traditional Arts.
·
Three (3) representatives from the private sector
who shall be the elected heads of the three (3) representatives from the
private sector who shall be the elected heads of the three (3) Sub commission
identified hereunder, namely: the Sub commission on Cultural Heritage, the Sub
commission on the Arts and the Sub commission on Cultural Dissemination. They
shall be elected by the chairpersons of the national committees under their
respective Sub commissions.
The National Cultural Agencies
The Commission shall coordinate with the national cultural agencies including but not limited to the Cultural Center of the Philippines, the Institute of the Philippine Languages, the National Historical Institute, the National Library, the National Museum, the Records Management and Archives Office.
However they shall continue operating under their respective charters or as provided by law where provisions therein are not inconsistent with the provisions of this Act. They shall serve as the national repository and/or showcase, as the case may be of the best of Philippine culture and arts.
For this purpose these
agencies shall submit periodic reports, including recommendations to the
commission. This law was approved on April 3, 1992.
Republic Act No. 7610
On June 17, 1992, Congress enacted Republic Act No. 7610 otherwise known as the Special Protection of Children against Abuse, Exploitation and Discrimination Act, or the Anti child Abuse Law.
More than ten years thereafter
or on November 9, 1993, Republic Act No. 7610 was amended on by Republic Act
No. 9231 in order to strengthen the law for the protection of the Filipino
children from abuse, exploitation and for the elimination of the worst forms of
child labor.
Children
Children refers to person below eighteen (18) years of age 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. (Section 3[a], Republic Act No. 7610)
Policy of the State on Children
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 development including child labor and its worst form; provide sanctions for their commission and carry out a program for prevention and deterrence 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 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 1, Republic Act No. 9231)
Child Abuse
Child abuse refers to the maltreatment, whether habitual or
not of the child which includes any of the following:
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.
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.
Penalty for Child Abuse
Any person who shall commit any other acts of child abuse,
cruelty or exploitation or be responsible or other conditions prejudicial to the
child’s development shall suffer the penalty of prison mayor in its minimum
period.
Employment of Children
Children below fifteen (15) years of age shall not be employed except:
1.
When a child works directly under the sole
responsibility of his/her parents or legal guardians and where only members of
his/her family are employed provided 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;
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 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 measure 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 2 Republic Act No. 9231)
Hours of Work of a Working Child
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 (8) o’clock in the evening
and six (6) o’clock in the morning of the following day and no child fifteen
(15) years of age but below eighteen (18) years shall be allowed to work
between ten (10) o’clock in the evening and six (6) o’clock in the morning of
the following day. (Sec 3, Republic Act No. 9231)
Ownership, Usage and
Administration of the Working Child’s Income
The wages, salaries, earning 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 (20%) percent 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 or parental authority as provided for under the Family Code shall apply
Trust Fund to Preserve Part of
the Working Child’s Income
The parent or legal guardian of working child below eighteen (18) years of age shall set up trust fund for at least thirty (30%) percent of the earnings of the child whose wages and salaries from work and other income amount to at least two hundred thousand (200,000.00) pesos 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 have full control over the trust fund upon reaching the age of majority.
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.
4.
Work which, by its nature or the circumstances
in which it is carries 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
b. Exposes the child to physical, emotional or sexual abuse, or is found to be highly stressful psychologically or may prejudices 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 limuited 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 exteme 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’.
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.
(Section 4, Republic Act No.9231)
Prohibition in the Employment of
Children in Certain Advertisements
“No child shall be employed as
a model in any advertisements directly or indirectly promoting alcoholic
beverages, intoxicating drinks, tobacco and its by- products gambling or any
form of violence or pornography”. (Section 5, Republic Act no. 9231)
Republic Act No.7722
Known as the “Higher Education
Act of 1994”, it was signed into law on May 18, 1994. This law created the
Commission on Higher Education (CHED) vested it with the following functions:
1. Formulate and recommend development plans, policies and programs on Higher Education and research;
2. Recommend to the executive and legislative branches priorities and grants on higher education and research;
3. Set minimum standards for programs and institutions of higher learning;
4. Monitor and evaluate the performance of programs and institutions
of higher learning for appropriate incentives as well as impositions program,
termination or school closure.
Republic Act No. 7743
This was approved on June 17,
1994 which provided the establishment of Public Libraries and Reading Centers
in all barangays all over the country.
This also provided that the National Library shall provide the standard set of reference books and other materials such as but not limited to encyclopedias, dictionaries, maps and globes upon the establishment of public libraries.
This project shall be
undertaken by the National Library in coordination with the Department of
Interior and Local Government (DILG).
Republic Act no. 7784
This is known as an “Act to
Strengthen Teacher Education in the Philippines by Establishing Centers of
Excellence”
This was approved on August 4,
1994 and provided that there shall be identified designated, established and
developed in strategic places in each of the regions in the country, one or
more center of excellence for teacher education based on the following
criteria:
1. Highly educated, professionally qualified and experience faculty dedicated to the philosophy, mission, vision and goals of the Institution an education;
2. Well selected students;
3. Adequate library research and study facilities;
4. Competent administrative and support staff;
5. Well planned and relevant instructional programs;
6. Adequate student development programs;
7. Adequate student services;
8. Relevant extensions service and outreach program
9. Percentage of graduates who become teachers; and
10. Other criteria as maybe established by the Teacher Education
Council of the Commission on Higher Education.
Any center of excellence that
is established shall be maintained for at least five
(5) years before any proposal or review is made to transfer it
elsewhere.
This law also mandated the
CHED to create a Teacher Education Council who shall take charge of all the
programs that are related to teacher – education in the Philippines.
Republic Act No. 7796
This is known as the Technical Education Skills Development Act of 1994 or the TESDA Act of 1994”
This law was approved on August 25, 1994 and provided for the creation of the Technical Education Skills Development Authority or TESDA.
This Agency replaced and absorbed
the National Manpower and Youth Council, (NMYC) the Bureau of Technical and
Vocational Education (BTVE) and the personnel and functions pertaining to
technical-vocational in the regional offices of the DECS and the apprenticeship
programs of the Bureau of Local Employment of the Department of Labor and
Employment.
The TESDA Secretariat is composed of:
The Secretary of Department of Labor and Employment Chairperson
The Secretary of Education
Culture and Sport Co-Chairperson The
Secretary of Trade and Industry Co-Chairperson
The Secretary of Agriculture Member
The Secretary of Interior and Local Government Member
The Director General of Tesda Secretariat Member
The TESDA shall also have a Board composed of ten members to be appointed by the President of the Philippines. The TESDA is a created to take charge of all the technical and vocational manpower training programs of the government,
Republic Act No. 7797
This law was passed on August
18, 1994, and provided for the lengthening of the school calendar from two hundred
(200) days but not than two hundred twenty (220) days beginning in the school
year 1995-1996
Republic Act No. 7836
This known as the “Philippine Teachers Professionalization Act of 1994.” It was signed into law on December 16, 1994
This law provided for the following:
• Creation of the Board for Professional Teachers composed of five (5) Commissioners appointed by the President of the Philippines upon the recommendations of the recognized and accredited association of teachers.
The Board shall be under the general supervision and administration of the Professional Regulation Commission (PRC);
• Institutions if the Licensure Examination for Teachers (LET) which shall replace the Professional Board Exam for Teachers (PBET)
• Transferring the authority of administering the LET from the
Civil Service Commission and Department of Education, Cuture and Sports (DECS)
to the Board for Professional Teachers in the Professional Regulation
Commission.
Republic Act No. 7877
This law in known as the “Anti Sexual Harassment Act of 1995”. This was signed into law on February 14, 1995.
This law provided that all forms of sexual harassment in the employment, education or training environment are unlawful.
Sexual harassment in the work place as defined by this Act is committed when the sexual favor is made as a condition for employment, promotion, continued employment and other privileges.
On the other hand, sexual
harassment in an education or training environment is committed:
• 1 Against one who is under the care or custody or supervision of
the offender;
• 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 privilege or consideration; or
• When the sexual advances result in an intimidating, hostile or
offensive environment for the student, trainee or apprentice.
The law also provided that any
person who violates the provisions of the said 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 (10,000) nor more than twenty
thousand pesos, or both at the discretion of the court.
Republic Act No. 7880
The Act is known and as the “Fair and Equitable Access to Education Act.” It is the declared policy of the State to uphold the primacy of education, to foster patriotism and nationalism, accelerate social progress, and promote total human liberation and development.
Accordingly, the State shall provide for the development of its citizenry as represented by all legislative districts by ensuring them fair and equitable access to the infrastructure and tools necessary for quality education.
Towards this end, the State shall provide all legislative districts a minimum and continuing level of educational development by establishing an objective mechanism that would make equitable the allocation of the Department of Education, Culture and Sports (DECS) budget for capital outlay.
The total amount allocated herein shall be used exclusively for capital outlay pursuant to the educational priorities of the legislative district, as determined by the DECS upon prior consultation with the representative of each legislative district: Provided, That the primary objective in the use of any allocation shall be to eliminate classroom shortages if any: Provided, further,
That any amounts allocated in
accordance with subparagraph (1) of paragraphs (a) and
(b) of the preceding section shall be used only for the acquisition or improvement of school sites, construction of school buildings and classrooms and the purchase of material or equipment that directly aid in education: Provided, furthermore,
That the amount so appropriated in accordance with subparagraph (2) of paragraphs (a) and ( b) of the same section shall be used exclusively for the construction of new school buildings: Provided finally,
That if the amount so
appropriated in subparagraph (2) of paragraphs (a) and (b) should exceed the
amount required to meet classroom shortage the excess shall be integrated with
subparagraph (1) of paragraphs (a) and (b) of the same section excluding
capital outlays of division offices, regional and central offices.
This law was approved on
February 20, 1995.
Republic Act No. 8047
This Act is known as the “Book Publishing Industry Development Act”
It is recognized that the book publishing industry has a significant role in national development, considering that books which are its products are instrumental in the citizenry’s intellectual, technical and cultural development – the basic social foundation for the economic and social growth of the country.
Books are the most effective and economical tools for achieving educational growth, for imparting information and for recording, preserving and disseminating the nation’s cultural heritage.
Accordingly, it is hereby declared a policy of the State to promote the continuing development of the books publishing industry, with the active participation of the private sector, to ensure an adequate supply of affordable, quality-produced books not only for the domestic but also for the export market.
For this purpose, the Government shall formulate, adopt, and implement a National Book Policy and a corresponding National Book Development Plan that will serve as the enduring basis for fostering the progressive growth and viability of the book industry.
National Book Development Plan
The National
Book Development Plan shall include the specific measures needed to realize the
purposes and objectives of the National Book Policy. The formulation of the
plan shall involve:
· the collection and tabulation of data on book production covering such areas as paper production, supply and consumption, publishing equipment and machinery and existing distribution networks;
· A survey on the availability of adequate and proper manpower and supporting skills needed by the publishing industry such as authors, editors, designers and illustrators, marketing personnel and printers;
· A survey of existing legislation affecting the book industry both at the national and international levels;
· A survey of professional training capability as well as of reading habits and attitudes; and,
·
Consultations with all segments of the book
industry concerned in planning for and preparing the National Book Development
Plan on the basis of the results of the aforementioned surveys.
Governing Board; Composition, Terms, Power and Functions
There is
hereby created a National Book Development Board hereinafter referred to as the
Board, which shall be under the administrative supervision of the Office of the
President. The Governing Board shall be composed of eleven (11) members who
shall be appointed by the President of the Philippines.
· Five (5) representative if the government to be chosen from the Department of Education, Culture and Sports,(DECS), Department of Trade and Industry, (DTI) Department of Science and Technology, (DOST) National Commission for Culture and Arts, (NCCA) and nominees by the Commission on Higher Education (CHED) and the Technical Education Skills Development Authority (TESDA) from the academe and training institutions, respectively; and;
· Six (6) representatives from the nominees of organization of private book publishers, printers, writers, books industry related activities, students and the private education sector, preferably representatives of the three (3) main islands of the country, in view of the substantial progress made by other regions in the book publishing industry.
The
appointees to the Board shall be one of the three (3) nominees of the concerned
nationwide organizations duly incorporated with the Securities and Exchange
Commission (SEC) and with membership, whenever feasible, in all the cities and
provinces throughout the country.
The members of the Board shall elect a chairman from among themselves. The DECS representative in the Board shall be the ex-officio vice-chairman of the Board.
The members
of the Board shall serve for a term of three (3) years: Provided, that no
member shall serve for more than (2) consecutive terms. Provided, further, That
the terms of the first appointees from the private sector shall be staggered
thus: the first two (2) representative of the private sector shall serve for
three (3) years; the second two (2) for two (2) years; and the third two (2)
for one (1) year: Provided, furthermore, That the appointee from the academe
shall serve for a period of three (3) years and the appointee from training institutions
shall serve for a term of two (2) years.
The members if the Board shall serve and continue to hold office until their successors shall have been appointed and qualified. Should a member of the Board fail to complete his term, his successor shall be appointed by the President of the Philippines but only for the unexpired portion of the term.
No person shall be appointed
to the Board unless he is a citizen of the Philippines, at least thirty (30)
years of age, and of established competence and integrity. For administrative
purposes, the Board shall be under the Office of the President. The members of
the Governing Board shall receive per diem and such allowances as may be
authorized for every meeting actually attended and subject to petinen laws,
rules and regulations.
Public School and Textbook Publishing
The DECS shall consult with
the Board in prescribing the guidelines, rules and regulations in preparing the
minimum learning competencies and/or prototypes and other specification for
books required by public elementary and secondary schools.
The DECS shall confine itself to:
·
Preparing the minimum learning competencies,
and/or prototypes and other specifications for books and/or manuscripts called
for;
·
Testing, evaluating, selecting and approving the
manuscripts or books to be submitted by the publishers for multiple adoption;
·
Providing assistance in the distribution of
textbooks to the public schools systems; and
·
Promulgating with the participation and
assistance of the Board rules and regulations for the private book publishers
in the call, testing, evaluation, selection, approval, as well as production
specification and acquisition of public School textbooks.
The printing of public elementary and secondary school textbooks shall be done on a regional or provincial level, whenever economically feasible. The DECS shall within a period of not more than three (3) years from the effectivity of this Act phase out its elementary and secondary textbook publication and distribution functions and shall support the phasing in of private sector publishers to assume these functions here.
For its part, the Board shall
monitor and conduct an annual evaluation of the progress the shift of functions
from the DECS to the private sector.
Participation of Private Publishers in the Public School Textbook
Program
Guided by the
minimum learning competencies for the elementary level, the desired learning
competencies for the secondary level, and other specifications prepared by the
DepEd, private publishers shall develop and submit to the DepEd those syllabi
and/or prototypes and manuscripts or books intended for use in the public
schools for testing, evaluation, selection and approval.
Upon approval of the manuscripts
or books, publishers shall produce and supply the textbooks as ordered by the
DepEd.
Incentives for Book Development
Persons and
enterprises engaged in book publishing and its related activities duly
registered with the National Book Development Board shall be entitled to the
applicable fiscal and non-fiscal incentives as provided for under Executive
Order No. 226, otherwise known as the Omnibus Investment Code, as amended ,
subject to the qualifications and requirements set by the Board of Investments
(BOI): Provided;
That book development activities shall always be included in the Investment Priorities Plan (IPP).
In the case of tax and duty free importation of books or raw materials to be used in book publishing, the board and its duly authorized representatives shall strictly
monitor the quality and volume of imported books and materials as well as their distribution and the utilization of the said imported materials.
The Board shall also recommend to the proper prosecuting agencies any violations of the conditions of the duty-free importation. Books, magazines, periodicals, newspapers, including book publishing and printing, as well as its distribution and circulation, shall be exempt from the coverage of the expanded value added tax law.
Penalties
Any person
who violates any provision of this Act or the terms and conditions of the rules
and regulations issued pursuant thereto, or aids or abets in any manner any
violation shall be subject to a fine not exceeding one hundred thousand pesos
(100,000.00) or imprisonment of not more than five (5) years or both, at the
discretion of the court.
This law was approved on June
7, 1995.
Republic Act No. 8049
This is an
act regulating hazing and other forms of initiations rites in fraternities,
sororities, and other organizations and providing penalties for its violations.
Hazing, as
used in this Act, is an initiation rite or practice as a prerequisite for
admission into membership in a fraternity, sorority or organization by placing
the recruit, neophyte or applicant in some embarrassing or humiliating
situations such as forcing him to do menial, silly, foolish and other similar
task or activities or otherwise subjecting him to physical or psychological
suffering or injury.
The term “organization” shall
include any club or the Armed Forces of the Philippines, Philippine National
Police, Philippine Military Academy, or officer and cadet corps of the Citizens
Military Training and Citizen’s Army Training.
The Physical and mental and
psychological testing and training procedure and practices to determine and
enhance the physical, mental and psychological fitness of prospective regular
members of the Armed Forces of the Philippines and the Philipine National
Police as approved by the Secretary of National Defense and the National Police
Commission duly recommend by the Chief of Staff, Armed Forces of the
Philippines and the Director General of the Philippine National Police shall
not be considered as hazing for the purpose of this Act.
No hazing or
initiation rites in any form or manner by a fraternity, sorority or
organization shall be allowed without prior written notice to the school
authorities or head of organization seven (7) days before the conduct of such
initiation. The written notice shall indicate the period of the initiation
activities which shall not exceed three (3) days, shall include the names of
those to be subjected to such activities, and shall further contain an
undertaking that no physical violence be employed by anybody during such
initiation rites.
The head of
the school or organization or their representatives must assign at least two
(2) representatives of the school or organization, as the case may be, to be
present during the initiation. It is the duty of such representative to see it
that no physical harm of any kind shall be inflicted upon a recruit, neophyte
or applicant.
If the person subjected to hazing or other forms of initiation rites suffers any physical injury or dies as a result thereof, the officers and members of the fraternity, sorority or organization who actually participated in the infliction of physical harm shall be liable as principals.
The person or persons who
participated in the hazing shall suffer:
a. The penalty of reclusion Perpetua if death, rape, sodomy or mutilation results there from.
b. The penalty of reclusion temporal in its maximum period (17 years, 4 months and 1 day to 20 years) if in consequence of the hazing the victim shall become insane, imbecile, impotent or blind.
c. The
penalty of reclusion temporal in its medium period (14 year, 8month and one day
to 17 years and 4 months) if in consequence of the hazing the victim shall have
lost the use of speech or the power to hear or to smell, or shall have lost an
eye, a hand, a foot, an arm or a leg or shall have lost the use of any such
member shall have become incapacitated for the activity or work in which he was
habitually engaged.
d. The penalty of reclusion temporal in its minimum period (12 years and one day to 14 years and 8 months) if in consequence of the hazing the victim shall become deformed or shall have lost any other part of his body, or shall have lost the use thereof, or shall have been ill or incapacitated for the performance of the activity or work in which he was habitually engaged for a period of more than ninety (90) days
e. The
penalty of prison mayor in its maximum period (10 years and one day to 12
years) if in consequence of the hazing the victim shall have been ill or
incapacitated for the performance of the activity or work in which he was
habitually engaged for a period of more than thirty days.
f. The penalty of prison mayor in its medium period (8 years and one day to 10 years) if in consequence of the hazing the victim, shall have been ill or incapacitated for the performance of the activity or work in which he was habitually engaged for a period of ten (10) days or more, or that the injury sustained shall require medical assistance for the same period.
g. The
penalty of prison mayor in its minimum period (6 years and one day to 8 years)
if in consequence of the hazing the victim shall have been ill or incapacitated
for the performance of the activity or work in which he was habitually engaged
from one (1) to nine (9) days, or that the injury sustained shall require
medical assistance for the same period.
The penalty
of prison correctional in its maximum period (4 years and 2 months and one (1)
day to 6 years) if in consequence of the hazing the victim sustained physical
injuries which do not prevent him from engaging in his habitual activity or
work not require medical attendance.
Republic Act No. 8491
Also known as the “Flag and Heraldic Code of the Philippines” and it was approved on February 12, 1998.
This law provides among
others:
Design of the National Flag
The flag of
the Philippines shall be blue, white and red with an eight rated golden yellow
sun and three five pointed stars, as consecrated and honored by the people.
Hosting and Display of the
National Flag
The flag
shall be displayed in all public buildings, official residences, public plazas,
and institutions of learning every day through the year.
The flag shall be permanently hoisted, day and night throughout the year, in front of the following: at the Malacañang Palace; the Congress of the Philippines building; Supreme Court building; the Rizal Monument in Luneta, Manila; Aguinaldo Shrine in Kawit, Cavite; Barasoan Shrine in Malolos, Bulacan; the Tomb of the Unknown Soldier Libingan ng mga Bayani; Musoleo de los Beteranos dela Revolucion; all International Ports of Entry and all other places as may be designated by the Institute.
The Flag shall be properly
illuminated at night.
The flag
shall also be displayed in private buildings and residences or raised in the
open on flag-staffs in front of said buildings every april 9 (Araw ng
Kagitingan); May 1 (Labor Day); May 28 (National Flag Day) to June 12
(Independence Day); last Sunday of August (National Heroes Day); November 30
(Bonifacio Day); and December 30 (Rizal Day); and on such other days as may be
declared by the President or local chief executives.
The flag may
also be displayed throughout the year in private buildings or offices or raised
in the open flag-staffs in front of private building: Provided, that they
observe flag-raising ceremonies in accordance with the rules and regulation to
be issued by the Office of the President.
All
government agencies and instrumentalities, and local government offices,
government-owned corporation and local government units are enjoined to observe
Flag Day with appropriate ceremonies. Socio-civic groups, non-government organizations
and the private sector are exhorted to cooperate in making the celebration a
success.
The flag
shall be flown on merchant ships of Philippine registry or more than one (1000)
thousand gross tons and on all naval vessels.
When the Philippine flag is
flown with another flag, the flags, if both are national flags, must be flown
on separate staffs of the same height and shall be of equal size. The
Philippine flag shall be hoisted first and lowered last.
If the other
flag is not a national flag, it may be down in the same line yard as the
Philippine flag but below the latter and it cannot be of greater size than the
Philippine flag.
When
displayed with another flag, the Philippine flag shall be on the right of the
other flag. If there is a line of other flags, the Philippine flag shall be in
the middle of the line.
When carried in a parade with
flags which are not national flags, the Philippine flag shall be in front of
the center of the line. The flag shall be hoisted to the top briskly and
lowered ceremoniously.
The flag shall never touch anything
beneath it, such as the ground flood, water or other objects. After being
lowered the flag shall be handled and folded solemnly as part of the ceremony.
Conduct of Flag Raising Ceremony
All
government offices and educational institutions shall henceforth observe the
flag-raising ceremony every Monday morning and the flag lowering ceremony every
Friday afternoon. The ceremony shall be simple and dignified and shall include
the playing or singing of the Philippine National Anthem.
The Office of
the President upon the recommendation of the Institute shall issue rules and
regulations for the proper conduct of the flag ceremony.
The observance of the flag ceremony in official or civic gatherings shall be simple and dignified and shall include the playing or singing of the anthem in its original Filipino lyrics and march tempo.
Pledge to the Flag
The following shall be the
Pledge of Allegiance to the Philippine flag:
Ako ay Pilipino
Buong katapatang nanunumpa
Sa watawat ng Pilipinas
At sa bansang kanyang
sinasagisag
Na may dangal, katarungan at
kalayaan
Na pinakikilos ng sambayanang
Maka-Diyos Maka-tao
Makakalikasan at Makabansa
Such pledge shall be recited
while standing with the right with palm open raised shoulder high. Individuals
whose faith or religious beliefs prohibit them from making such pledge must
nonetheless show full respect when the pledge is being rendered by standing at
attention.
The National Anthem
The National
Anthem is entitled Lupang Hiniran. The National Anthem shall always be sung in
the national language within or outside the country. The following shall be the
lyrics of the National Anthem:
Bayang magaliw,
Perlas ng silanganan
Alab ng Puso,
Sa dibdib moy buhay.
Lupang hinirang,
Duyan ka ng Magiting,
Sa manlulupig,
Di ka pasisiil.
Sa dagat at bundok,
Sa simoy at sa langit mong bughaw,
May dilag ang Tula,
At awit Sa paglayang minamahal.
Ang kislap ng watawat mo’y
Tagumpay Na na gniningning,
Ang bituin at araw niya,
Kailan pa ma’y di magdidilim,
Lupa ng araw ng luwalhati’t pagsinta,
Buhay ay langit Sa piling mo,
Aming ligaya Na pag may mang-aapi,
Ang mamatay ng dahil Sa iyo.
The rendition of the National
Anthem, whether played or sung, shall be in accordance with the musical
arrangement and composition of Julian Felipe. When the National Anthem is
played at a public gathering, whether by a band or by singing or both, or
reproduced by any means, the attending public shall sing the anthem.
The singing must be done with
fervor.
The National Motto
The National
Motto shall be “MAKA - DIYOS, MAKA-TAO. MAKAKALIKASAN AT MAKABANSA.”
Republic Act No. 8492
This Act is known as the
“National Museum Act of 1998”
To implement
the above declared State Policies, and to ensure its independence and autonomy,
the present National Museum hereafter referred to as the Museum, is hereby
converted into a trust of the government.
The National Museum is
detached from the Department of Education, Culture and Sports and from the
National Commission of Culture and the Arts. It shall be placed solely for
budgetary purposes under the Office of the President.
The Museum, as established under this Act, shall be known by the name of “National Museum,”, and by that name shall be known and have perpetual succession with the power, limitations, and restrictions hereafter contained and no other.
The National
Museum shall be a permanent institution in the service f the community and its
development, accessible to the public, and not intended for profit. It shall
obtain, keep, study and present material evidence of man and his environment.
The national Museum shall
inform the general public about these activities for the purpose of study,
education and entertainment.
The primary
mission of the National Museum shall be to acquire documents, preserve,
exhibit, and foster scholarly study and appreciation of works of art, specimens
and cultural and historical artifacts.
Pending its
reorganization by the board of trustees, the National Museum shall be composed
of the Museum structure, organization and its collections, properties, assets
and liabilities.
The whole
executive House Building also known as the old Congress Building, the
Department of Finance building and Department of Tourism building on Agrifina
Circle shall be the permanent and exclusive site of the Museum. They shall be
known as the National Museum Complex.
The Executive shall now be known as the “Nation Museum”.
Duties and functions. –
The Museum shall have the following duties and functions:
• Acquire documents, collect, preserve, maintain, administer and exhibit to the public, cultural materials objects of art, archaeological artifacts, eco facts, relics and other materials embodying the cultural and natural heritage of the Filipino nation, as well as those of foreign origin.
-
Materials relevant to the recent history of the
country shall be likewise acquired, collected, preserved, maintained,
advertised and exhibited by the Museum;
•
Conduct researches, archaeological and
scientific, on Philippine flora and fauna; collect, preserve, identify and
exhibit to the public systematically all types of plants and animals found in
the Philippines, prepare for publication manuscripts and scientific papers on
them and maintain a reference collection on such subjects;
•
Document all objects held by the National Museum
in its collections or borrowed by the Museum by registering them in an
inventory and cataloguing them, and manage any movement of the collections both
within the Museum and elsewhere in such a way that the Museum is able to locate
any object in the collection at any time, initially on paper records, but to be
converted to computerized records on a professional museum is able to locate
any object in the collections at any time; initially on paper records, but to
be converted to computerized records on a professional museum documentation system
as soon as time and budget allow.
•
Conduct researches on the origin, history and
geographic distribution of, and to collect, preserve, study and exhibit rocks,
minerals and fossils of plants and animals; maintain a reference collection and
to prepare for publication scientific studies on them;
•
Regulate registration, excavation, preservation
and exportation of Philippine cultural properties through a legal department
and customs department which shall be established for these purposes;
•
Implement the pertinent provisions of
Presidential Decree No. 374, as further amended, and other related laws on the
protection and conservation of cultural properties.
•
Undertake research on salvage archaeology,
monitor and control archaeological excavations, diggings and researches into
Philippine pre-history and proto- history;
•
Gather, identify, reconstruct, restore and
maintain a national archaeological reference collection; study archaeological
artifacts and Eco facts, with their corresponding data and deduce archaeological
interpretations;
•
Undertake researches on the pre-history of the
Philippines in order to define the foundations of the cultures of the people by
conducting systematic and controlled archaeological excavations in different
sites on land and underwater, and to supplement existing historical
documentation;
•
Collect, preserve, restore and exhibit to the
public object of arts.
Republic Act No. 8525
This law was approved on
February 14, 1998 and known as the “Adopt-a -School Act of 1998”.
This program will allow
private entities to assist a public school, whether elementary, secondary, or
tertiary, preferably located in any of the twenty(20) poorest provinces identifies
by the Presidential Council for Countryside Development or any limited to, the
following areas: staff and faculty development for training and further
publications and other instructional materials; and modernization of
instructional technologies.
A Memorandum of Agreement
(MOA) specifying the details of the adoption shall be entered into between the
adopting entity and the head of the school concerned:
Provided, That such MOA shall
be subject to review and approval of the Superintendent of schools of the
province or district concerned: Provided, further, That the agreement shall last
for at least two (2) years with the possibility of extension: Provided,
finally, That such period may be shortened only in cases where the adopting
entity is dissolved before the end of such period unless otherwise earlier
terminated in accordance with the succeeding section.
Republic Act No. 8545
`
This is a law
amending Republic Act No. 6728, otherwise known as “An Act Providing Government
Assistance to Students and Teachers in Private Education” was approved on
February 24, 1998. This law established a fund for the purpose of subsidizing
salaries of private school teachers.
This provides among others:
· Tuition fee supplement for students in private high schools, vocational and technical courses whose schools charge less than 1,500 pesos tuition fee.
· High school textbooks assistance fund
· Expansion of Educational Service Contracting Scheme (ESC)
· Voucher system of the Private Education Student Financial Assistance Program (PESFA)
· Scholarship grants to graduating valedictorians and salutatorians
· Tuition fee supplements to students in private colleges and universities;
· Educational Loan Fund
·
College Faculty Development Fund
Republic Act No. 9155
This law was
approved on August 11, 2001 and known as “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.”
It provides that it is
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, self 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 educations for all learners.
Governance of basic education
shall begin at the national level. It is at the regions, divisions, schools and
learning center herein referred to as the field offices – were 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.
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.
National Level
The secretary of the
Department of Equation shall exercise overall authority and supervision. The
Secretary of Education shall be assisted by not more than four (4)
undersecretaries and not more than four (4) assistant secretaries whose
assignment, 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.
Regional Level
There shall be as many
regional offices as may be provided by law. Each regional offices shall have a
director, an assistant director and an office staff for program promotion and
support, planning, administrative and fiscal services.
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.
School District Level
Upon the recommendation of the
schools division superintendents, the regional director may establish
additional schools district within a schools division. School district already
existing at tile time of the passage of the law shall be maintained.
A schools district shall have
a schools district supervisor.
School Level
There shall
be a school head door 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 team with the school
teachers/learning facilitators for delivery of quality educational programs,
project and services.
A core of non-teaching staff
shall handle the school’s administrative, fiscal and auxiliary services.
Transfer of Cultural Agencies
Cultural Agencies – The Commission
ng Wikang Pilipno, 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 longer with
the Department of Education.
The program for school arts
and culture shall remain part of the school curriculum.
Abolition of the Bureau of
Physical Education and School Sports
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.
Republic Act No. 9710
This is known as the Magna
Carta of Women and was signed into law on August 4, 2009.
This law provides in Section
13 that:
a. The State shall ensure that gender stereotypes and images in
educational materials and curricula are adequately and appropriately revised.
Gender-sensitive language shall be used at all times.
Capacity-building on gender and
development (GAD), peace and human rights, education for teachers, and all
those involved in the education sector shall be pursued, toward this end.
Partnerships between and among
players of the education sector, including the private sector, churches and
faith groups shall be encouraged.
b. Enrollment of women in nontraditional skills training.
c. Expulsion and non-readmission of women faculty, due to pregnancy
outside of marriage shall be outlawed. No school shall turn out or refuse
admission to a female student, solely on the account of her having contracted
pregnancy outside marriage of marriage during her term in school.
Nondiscriminatory and Non derogatory
Portrayal of Women in Media and Film
The State shall formulate
policies and programs for the advancement of women in collaboration with
government and ‘nongovernment media related organizations. It shall likewise
endeavor to raise the consciousness of the general public in recognizing the
dignity of women and the role and, contribution of women in the family,
community, and the society, through the strategic use of mass media (section
16)
Special Leave Benefits for Women
A women employee having
rendered continuous aggregate employment service of at least six (6) months for
the last twelve (12) months shall be entitled to a special leave benefit of two
(2) months with full pay based on her gross monthly compensation following
surgery caused by gynecological disorders. (Section 18)
Equal Rights on Matters Relating
to Marriage and Family Relations
The state shall take all appropriate measure to eliminate discrimination against women in all matters relating to marriage and family relations and shall ensure:
A.
the same rights to enter into and leave
marriages or a common law relationships referred to under the Family code
without prejudice to personal or religious beliefs;
B.
the same right to choose freely a spouse and to
enter into marriage only with their free and full consent. The betrothal and
the marriage of a child hall have no legal effect;
C.
The joint decision on the number and spacing of
their children and to have access to the information, education and means to
enable them to exercise these rights;
D.
The same personal rights between spouses or
common law spouses including the right to choose freely a profession and an
occupation;
E.
The same rights for Both spouses or common law
spouses in respect of the ownership, acquisition, management, administration,
enjoyment, and disposition of property.
F.
the same rights to properties and resources
whether titled or not and inheritance, whether formal or customary; and
G.
women shall have equal rights with men to
acquire, change, or retain their nationality. The State shall ensure in
particular that neither marriage to an alien nor change the nationality of the
wife and render her stateless or force upon her the nationality of the husband.
Various statues of other
countries concerning dual citizenship that may be enjoyed equally by women and
men shall likewise be considered. Customary laws shall be respected provided,
however, that they do not discriminate against women. (Section 19)