Education Act of 1982 Annotated I - General Provisions
Education Act of 1982 Annotated I - General Provisions
Education Act of 1982 Annotated I - General Provisions
I – GENERAL PROVISIONS
Chapter 1
PRELIMINARY MATTERS
Section 1 of the Article states the title of the Act which is “Education Act of 1982”.
It was passed by the Batasang Pambansa for it is consistent with the 1987 Constitution
and shall take effect until it is amended or repealed.
Under Section 2 of the Education Act, the act is applied to all formal and non-formal
systems may it be public or private institutions or schools ranging from pre-school to
tertiary level and post graduate programs in the entirety of the education system. This
was based on section 4 of article XIV of the 1987 Constitution which stated that the state
recognized the complementary roles of public and private institutions meaning, this two
go hand in hand in handling the affairs related to educating learners as well as supervising
the regulations of all educational institutions.
Chapter 2
DECLARATION OF BASIC STATE POLICY AND OBJECTIVES
This chapter is divided into two sections, section 3 and section 4 respectively.
Section 3 focuses on the declaration of basic state policies concerning the educational
system. It was to make sure that the state establishes an environment where learners
and its faculty and staff maintain a complete, adequate and integrated system of
education that is relevant to the goals of national development. A development goal was
established so that the education supervisors and implementers will have a guide on what
to achieve and on what aspect they have to make a progress. This chapter is where the
DepEd mission was based which is to protect and promote the right of every Filipino to a
quality education regardless of their gender, age, status or even if they have physical or
mental conditions. Every child, may it be of different ethnicity, shall not be denied to basic
education and be allowed to develop themselves within the context of their culture,
tradition and costums to the best of their interest.
Section 4 on another note focuses on the aims the whole education system aspires
to achieve. Objectives are named to foster the nation’s power to its maximum potential.
To attain these objectives, all educational institutions shall Aim to include love of country.
Teach the duties of citizenship and develop moral character, personal discipline and
scientific. Technological and vocational efficiency. Shall aim to inculcate local discipline
and scientific. Technological and vocational efficiency. Furthermore, the educational
system shall reach out to educationally deprived communities. To enrich the civic
participation in the community and national life and to unify all Filipinos into a free and
just vision. The curricula of schools and colleges according to the new constitution should
include, teach or inculcate and foster holistically. So the Filipinos will develop to the best.
And do its maximal.
II. THE EDUCATIONAL COMMUNITY
Chapter 1
PRELIMINARY PROVIONS
Section 5 Declaration of Policy and objectives.
Government policy to foster. At all times a spirit of shared purposes and cooperation
among the members and elements of the educational community and between the
community and other sectors of society in the realization that only in such an atmosphere
can the true goals and objectives of education be fulfilled. The state shall aid and support
the natural right and duty of parents in the reading of the youth. Promote and safeguard
the welfare and interest of the students. Promote the social and economic status of old
school personnel. Uphold the rights defined their obligations and improve their living and
working conditions, and clear prospects and extend support to promote the availability of
those institutions. Through which parents, students in school personnel seek to attain
their educational goals.
The law realizes the need for stay at all times such spirit of cooperation and sharing
among all sectors of society not. Only among those who composed the educational
community as defined in the next section. Protection must also be extended to all school
personnel.
The state shell enhance the right of each. The professional advancement non teaching
academic nonteaching academic personnel shall enjoy the protection of the state.
Section 6 definition and coverage.
Educational community refers to those persons or groups of persons as such or
associated in institutions involved in organized teaching and learning systems. The
members and elements of the educational community are parents, students, school
personnel like. Teaching or academic stuff. School administrators. Academic non
teaching personnel. Non academic personnel. End schools.
Section 7. Community participation every educational institution shall provide for the
establishment of appropriate bodies through which the members of the educational
community may discuss relevant issues and communicate information and suggestions
for assistance in support of the school and for the promotion. Of their common interest.
Appropriate bodies, whether administrative or academic or otherwise, are to be provided
for the discussion of relevant issues to promote common interest among members of the
educational community, the governing boards of educational institutions are certainly not
the bodies contemplated right.
Chapter 2
RIGHTS
Rights of parents is the right to organize by themselves end or with teachers for the
purpose of providing a forum for the discussion of matters. Relating to the total school
program. The right to access any official record directly relating to the children who are
under their parental responsibility. Children who are under their parental responsibility.
Rights of students in school pertains to the right to receive primarily through competent
instructions. Relevant quality education. Right to freely choose the. Field of study subjects
to existing curricula and to continue their course there in up to graduate. Right to school
guidance and counseling services. For making decisions and selecting. Right to access
his own school records. To access his own school records. Right to the issuance of official
certificates, diplomas, transcripts of records, grades, transfer credentials and other similar
documents within 30 days from request. Right to publish a student newspaper and similar
publications. Right to free expression of opinions and suggestions.
Right of all school personnel is one, be provided with free legal service by appropriate
government office in the case of public school personnel, and through the school
authorities concerned in the case of private school personnel. Establish, join and maintain
labor organizations/or professional and self-regulating organizations of their choice. Be
free from involuntary contributions except those impose by their own organizations.
Special Rights and/or Privileges of Teaching or Academic Staff is 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. Right
to intellectual property consistent with applicable laws. 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. 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.
School Administration shall be accorded sufficient administrative discretion necessary for
the efficient performance of their functions. They all shall be deemed persons in authority
while the discharge of lawful duties and responsibilities, shall therefore be accorded due
respect and protection. The right for institutions of higher learning to determine on
academic grounds who shall be admitted to study, who may teach, and shall be subjects
of the study research.
Chapter 3
DUTIES AND OBLIGATIONS
Section 14 of the Education Act stipulates the duties a parent of a learner. First, parents
shall carry out the educational objectives in accordance with national goals. They shall
be obliged to enable their children to obtain elementary, strive high to achieve secondary
and higher education. Parents therefore are to cooperate with the school in implementing
the school programs.
As the receiver of learning, students have duties and responsibilities too. They must study
well and have a meaningful learning at school to contribute to the peace and order of the
school and the community. They must respect the rights of others, participate in civic
affairs in promoting the general welfare and exercise their rights responsibly.
Every teacher has the responsibility to and must uphold his duty to perform in school and
be accountable for the efficient and effective attainment of specific learning objectives.
They must render regular reports on the performance of each student and to the latter
and the latter’s parents or guardians for improvement. Teachers must assume
responsibility to maintain his professional growth and professionalism. They must refrain
making bias decisions or student favoritism.
School administrator’s obligations are to develop and maintain a healthy school
atmosphere that is conducive to promotion and preservation of academic freedom and
effective teaching and learning. Assume a professional behavior and render adequate
reports to teachers and staffs on their actual performance. They must observe due
process in disciplining his teachers and maintain adequate records and submit required
reports to the Ministry of Education, Culture and Sport.
Academic non-teaching personnel’s are the support personnel. They provide the latest
trends and techniques in teaching.
III. THE EDUCATIONAL SYSTEMS
Chapter 1
FORMAL EDUCATION
Formal education is the primary learning system. It is the hierarchal structured and
chronologically graded learnings organized and provided by the formal school system for
which a certification is required in order for the learner to progress through the grades
and move higher levels. The corresponding levels are elementary education, which is a
compulsory education primarily composed of basic education, the secondary education
which is the formal education that includes technical and techno vocational skills and the
tertiary education which a higher degree education from which one can purse a specific
profession or discipline.
The objectives of elementary education are to provide the knowledge and develop
the skills, attitudes, and values education for personal growth and development. These
primarily are the 4-H development. It is also to increase the child’s awareness and
responsiveness to the changes in his environment and to promote as well as intensify the
child’s knowledge of, identification with, and love for the nation and the people. The
elementary education can provide the child with the best environment to develop the child
orientation to the world of work and creativity and prepare himself to engage in honest
and gainful work.
The objectives of the secondary education is to continue to promote the objectives
of the elementary education and to discover and enhance the different aptitude and
interests of the students so as to equip him with skills for productive endeavor and/or
prepare him for tertiary education.
The tertiary education on the other hand set its objectives to providing a general
education program that will promote national identity, cultural consciousness, moral
integrity and spiritual vigor in order to train the nations manpower in the skills required for
national development. With tertiary education, the child will be able to develop in his
chosen profession that will provide leadership for the nation to advance the knowledge
through conducting research works and of course, apply new knowledge for the
improvement of the quality of human life and responding effectively to the ever changing
societal needs, wants, demands and conditions.
Chapter 2
NON-FORMAL EDUCATION AND SPECIALIZED EDUCATIONAL SERVICES
Each school shall establish such internal organization as will best enable it to carry
out its academic and administrative functions, subject to limitations provided by law. Each
school shall establish such arrangement for the peaceful settlement of disputes between
or among the members of the educational community. In every government, colleague or
university established as a tertiary institution and every private schools shall have a
governing board pursuant to its Charter or to the Corporation Code of the Philippines.
The terms and conditions of employment of personnel in government schools shall
be governed by the civil service. Budgetary and compensation laws and rules. Deep sea
disputes arising in private schools from employer-employee relations shall fall under the
jurisdiction of the Ministry of Labor and Employment as provided by the laws and
regulation, provided that in view of the special employment status of the teaching and
academic non-teaching personnel and their special rules in the advancement of
knowledge. Standards set or promulgated jointly by the Ministry of Education, Culture and
Sports and the by the Ministry of Labor and Employment shall be applied by the Ministry
of Labor and Employment provided further that every private school shall establish and
implement an appropriate system within the school for the prompt and orderly settlement
of personnel disputes at the school level. Subject to the provisions of Article 262 and 263
of the Labor Code.
Chapter 5
SCHOOL FINANCE AND ASSISTANCE
It is hereby declared that to be the policy of the state that the national government
shall contribute to the financial support of educational programs pursuant to the goals of
the education as declared in the Constitution. To this end, the government shall adopt
measures to broaden access to education through financial assistance and other forms
of incentives to schools, teachers, pupils and students and encourage and stimulate
private support to education through a fiscal and other assistance measures. Public
schools shall continue to be funded primarily from the national funds provided that local
governments shall be encouraged to assume operation of local public schools on the
basis of national fund participation. Province, cities and municipalities local government
shall appropriate funds in their annual budgets for the operation and maintenance of
public secondary schools on the basis of national fund participation.
In Section 37, Special Education Fund stipulates the proceeds of the Special
Education Fund. Occurring to local governments shall be used exclusively for the
purposes enumerated in section one of Republic Act number 5447 and in accordance
with the rules and regulations issued by the Ministry of Education, Culture and Sports,
and Ministry of the Budget. Such proceeds shall be considered a local fund and shall be
subject to Presidential Decree number 477, Presidential Decree number 1375 and other
applicable local budget laws and regulations. Secondary and postsecondary schools may
charge tuition fee and other school fees in order to improve facilities to accommodate
more students. Government supported educational institutions may receive grants,
legacies, donations, and gifts for purposes allowed by existing laws. Under Section 4,
Article 14 of 1987, all grants, endowments, donations or contributions used actually,
directly and exclusively for educational purposes shall be exempt from tax.
The government may provide aid to the programs of private schools in the form of grants
or scholarships or loans from government financial institutions. The proceeds from the
tuition, fees and other school charges, shall be treated as income institutional funds. The
government shall provide an incentive program to encourage the participation of the
community in the development of educational sector. Real property such as lands,
buildings and other improvements they’re on, used actually directly and exclusively for
educational purposes shall be subjected to real property tax provided that all the proceeds
from the payment thereof shall accrue to a special private education fund, which shall be
maintained, managed and disbursed by a local private school board. All gifts or donations
in favor of any school, college or university recognized by the government shall not be
subject to tax. All earnings from the investment of any duly established scholarship fund
of any school, add fund by the school if said earnings are actually used to fund additional
scholarship grants to financially deserving students, shall be exempt from tax until the
scholarship fund is fully liquidated when the outstanding balance there off shall be subject
to tax. Any educational institution, shall be considered exempt from tax, if the total
proceeds of the sale are reinvestigate invested in a new or existing duly established
school university located in the dispersal site within one year. An educational institution
may convert itself into a nonstock nonprofit educational foundation in accordance with
implementing rules. The government shall provide financial assistance to financially
disadvantaged and deserving students. Such assistance may be in the form of state
called scholarship grants in aid assistance from the Educational Loan Fund. Or
subsidized tuition rates in state colleges and universities.
IV. THE MINISTRY (NOW DEPARTMENT) OF EDUCATION, CULTURE AND SPORT
Chapter 1
GENERAL PROVISIONS
The Ministry shall be headed by the Ministry of Education, Culture and sports who
shall be assisted by one or more deputy ministers. The functions and powers of the
ministry are as follows; one, formulate general education objectives and passes. Second
plan, develop and implement programs and projects. Third, promulgate rules and
regulations necessary for the administration. Supervision and regulation of the
educational system. Four, set up general objectives for school system 5th coordinate the
activities and functions on the school system and the various cultural agencies under. It
seeks coordinate and work with agencies. Concerned with the educational, cultural and
sports development of the national cultural communities and recommend and study the
legislation proposed for adoption.
Chapter 2
BOARD OF HIGHER EDUCATION
The Board of Higher education, the higher education will be geared towards the
provision of better quality education, the development of middle and high level manpower
and the intensification of research and extension activities. Its main purpose is to achieve
equity efficiency and high quality in the institutions of higher learning. In both public and
private schools, so that together, they will provide a complete set of program offerings
that need boost, national and regional development needs. The Board of Higher
Education is reconstituted as an advisory body to the Ministry of Education, Culture, and
Sports. The Board shall be composed of a deputy Ministry of Education, Culture, and
Sports, a signature as a chairman and four other members to be appointed by the
President of the Philippines upon nomination by the Ministry of Education, Culture and
Sports for term of four years.
The functions of the Board of Higher education are to make policy
recommendations regarding the planning and management of the integrated system of
higher education and the continuing evaluation thereof. Also, they recommend to the
Ministry of Education, Culture and Sport steps to improve the governance of the various
proponents of the higher education system of national and regional levels and lastly, the
Board of Higher Education assist the Ministry of Education, Culture and sports in making
recommendations relative to the generation of resources and their allocation for higher
education.
Chapter 3
THE BUREAU OF MINISTRY (NOW DEPARTMENT)
The bureau of elementary education shall perform the following; first, to conduct
studies and formulate, develop, and evaluate programs and educational standards for
elementary education. Undertake studies necessary for the preparation of prototype
curricular sites, instructional materials and teacher training programs for elementary
education and formulate guidelines to improve elementary school physical plants and
equipment and general management of these schools. On another hand, the Bureau of
Secondary education’s responsibility is to conduct studies and formulate, develop, and
evaluate programs and educational standards for the secondary education. They will also
develop curricular designs, prepare instructional materials, and prepare and evaluate
programs to upgrade the quality of the teaching and non-teaching staff at the secondary
level and formulate guidelines to improve the secondary physical plants and general
management of these schools.
In the Bureau of Technical and Vocational Education, they are to collaborate with
other agencies in the formulation of manpower plants. They are to conduct studies from
late develop and will wait postsecondary vocational, technical programs and recommend
educational standards for these problems. And lastly, develop curricular designs and
prepare instructional materials, prepare and evaluate programs to upgrade the quality of
teaching and non-teaching staff and formulate guidelines to improve the physical plant
and equipment of postsecondary vocational technical schools.
The Bureau of Higher Education will develop, formulate, and evaluate programs, projects,
and educational standards for higher education. They will also provide staff assistance to
the Board of Higher Education in its policy, formulation and advisory functions and provide
technical assistance to encourage institutional development programs and projects. They
will also compile, analyze and evaluate data on a higher education and plastic perform
other functions provided, but for the law.
Likewise, the Bureau of Continuing Education as the main implementing arm of the non-
formal education programs of the ministry, shall provide the learning programs or
activities that shall first serve as a means of meeting the learning needs of those unable
to avail themselves of the educational success and programs of formal education.
Second, they provide opportunities for the acquisition of skills necessary to enhance and
ensure continuing employability efficiency, productivity, and competitiveness in the labor
market. And serve as a means for expanding access to educational opportunities to
citizens of varied and rest demographic characteristics and social economic regions of
status.
Chapter 4
REGIONAL OFFICES
The Regional Office shall function as the formula formulating the original plan of
education based on the national plans of the ministry, taking into account the specific
needs and special traditions of the region. The Regional Office shall also implement
educational laws, policies, plans, programs, rules and regulations of the ministry or
agency in the regional area and provide economical, efficient and effective education
services to the people in the area.
V. MISCELLANEOUS PROVISIONS
CHAPTER 1
PENAL AND ADMINISTRATIVE SANCTIONS
Any person upon conviction or an act in violation of Section 28, Chapter 13, and
title three above shall be punishable by a fine of not less than 2000 pesos. No more than
10,000 pesos or imprisonment for a maximum period of two years, or both in description
of the court. If the act is committed by a school corporation, the school head, together
with the person or persons responsible for the offense or violation shall be equally liable,
the Ministry of Education, Culture, and Sports may prescribe and impose such
administrative sanctions as he may deem reasonable and appropriate in the
implementing rules and regulations from regulated pursuant to this act, or any of the
following classes; one, mismanagement of school operations. Two, gross, inefficiency of
the teaching and non-teaching personnel. Three, fraud or deceit committed in connection
with application for ministry permit or recognition. Four, failure to comply with conditions
or obligation’s prescribed by this code or its implementing rules and regulations. And
lastly, authorized operation of a school or a course or any component thereof, or any
violation of the requirement governing advertisements or announcements of educational
institutions. Sanctions against the school shall be without prejudice to the interest of the
students, teachers and employees.
Chapter 2
ADMINISTRATIVE PROVISIONS
The Ministry of Education Culture and Sports has the Rulemaking authority to
charge with the administration and the enforcement of this Act shall promulgate the
necessary implementing rules and regulations. Any part or provision of this act which may
be held invalid or unconstitutional shall not affect its remaining parts of provisions. All loss
or parts, they are inconsistent with any provision of this act shall be deemed repealed or
re modified, as the case may be. This act shall take effect upon its approval, which is on
September 11, 1982.
Appendix A
PRIMER
ON POLICIES, PROCEDURES AND TECHNICALITIES
The objective of this act is to provide the basic guidelines for the
establishment and the maintenance of an integrated system of education, as well as the
relevant goals of the national development. Through series of question and answer, this
act states respectively all types of education offered here in our nation. The rights and
obligations of all individuals involved in educational institutions are also discussed. It
highlights the rights and obligations of the teachers and the learners as they are the most
focal persons in school. Yet, despite giving stress to them, it also points out the obligations
of the parents as their cooperation is needed in reforming and incorporating the nature of
their children. Furthermore, under the supervision and control are concerns such as the
school fees, the control of Minister of Education, Culture and Sport in the University of the
Philippines are tackled, and it is answered with a line UP is enjoying their own kind of
academic freedom. Moreover, an act providing for the establishment and maintenance of
an integrated system of education is mentioned, which specifically discloses the concerns
with the organizations in the education system, and other relevant matters. Hence,
overall, the Appendix comprises the discourse about the objectives, its implementation
and maintenance, the procedures and its technicalities.
Appendix “B”
RULES AND REGULATIONS
FOR THE IMPLEMENTATION OF
BATAS PAMBANSA BLDG. 232
(Education Act of 1982)
The Appendix B started out with the preliminary matters under general
provisions. Consecutively, this part is divided into five parts and are also shared in number
of rules. The part one consists of the terms used in the Act, the educational community
which embodies the functions of the members of the school or their rights and obligations.
Furthermore, the duties and obligations are once again emphasized here as it is very
critical to note in the educational system. This is followed by the part three which
constitutes the educational system in the Philippines starting off with the formal education,
followed by non-formal education, trailed by the rule three that states the establishment
of schools in a very scrupulous way. This part ends with Section 14 which states the
punishable violations pursuant to Section 28 of this Act. The rule four constitutes the
voluntary education; eligibility, benefits, recognition, accreditation agency, and life-span
of deregulated status. Additionally, the internal organization of schools is discussed in
rule five and the school finance and assistance is tackled in rule six. The Appendix B ends
with the miscellaneous provisions through avowing the penal and administrative
sanctions. In general, the Appendix B focuses on the rules and regulations for the
implementation of Batas Pambansa Bldg. 232.
Appendix “C”
THE MAGNA CARTA FOR PUBLIC SCHOOL TEACHERS
(Republic Act No. 4670)
The Magna Carta for Public school teachers is the center of this
portion. It begins with the declaration of the policy which seeks improvement for the quality
of our education through upgrading the public school teachers’ proficiency.
Appendix C stresses the recruitement and career of the teachers, the
criteria for them to be qualified, their noble life as teachers, how they are going to grind in
this field, and the wages they will acquire for their efforts and services offered. This part
highlights the incentives and the benefits of the public school teachers, it also tells the
references of their salaries. Furthermore, it also discusses the code for professional
conduct of teachers, a very necessary element to remember as it constitutes their image
as respectable and professional individual, as the representation of education. In addition,
the hours of work and enumeration are also tackled, which constitutes the teaching hours,
additional compensation, and once again the salaries and allowances. This part also
consists the benefits when they leave and retire. Lastly, it deliberates the teacher’s
organization in numerous Sections.
The Magna Carta for Public School Teachers therefore tackles about the
duties of the teachers, their incentives and salaries, how would they be qualified to teach
in public schools, and the organization needed for harmonious work relationship.
Appendix “D”
AN ACT PROVIDING GOVERNMENT ASSISSTANCE TO STUDENTS AND
TEACHERS IN PRIVATE EDUCATION, AND APPROPRIATING FUNDS
THEREFOR.
Section 1 states that the state declare to give equal opportunity to all
persons who desire to pursue higher education by extending financial assistance and
promoting scholarship grants-in-aid deserving students to the end that no person shall be
deprived of the benefits of education on account of poverty. To this end, Students’ Loan
Fund Authority was organized. Income generating funds for educational loans and
scholarship is granted to deserving students in both public and private schools. It was
declared that the distribution of said funds should be in proportion to the population
provided that the student grantee shall be given financial assistance until their course is
finish. Priority of courses based on the manpower needs of the country is established
according. Proper screening of student applicants will be conducted to give priority to the
students who are in dire needs of financial aid to continue their education. A system was
also established to collect payments of loans to students under this act.
An executive board is established composing of twelve members with the
Secretary of Education as Chairman of the board. There will be representatives from
every universities and schools.
Appendix “F”
FREE PUBLIC SECONDARY EDUCATION ACT OF 1988
(Republic Act No. 6655)
Napoleon G. Rama wrote a composition that told the problem of the state
when in come to the educational quality and how it was addressed by the council. Then
the proposed idea was that both secondary and elementary level should be added one
more educational year. But according to him, this will not answer the problem, but rather
prolong it.
He said that the core of the problem lies in the quality of instructions and
the teacher quality so that is where we should start. He also emphasized that we must
take action, not just merely propose a solution but not implementing the plan. Teaching
training programs and other similar activities should be conducted for teachers to upgrade
their quality of instruction. Continuous education should also be taken so that teaching
and learning will be up to date and address the needs of the community and its people.