ACT NO.

4670 June 18, 1966

THE MAGNA CARTA FOR PUBLIC SCHOOL TEACHERS

I. DECLARATION OF POLICY COVERAGE

Sec. 1. Declaration of Policy. It is hereby declared to be the policy of this Act to promote and
improve the social and economic status of public school teachers, their living and working
conditions, their terms of employment and career prospects in order that they may compare
favorably with existing opportunities in other walks of life, attract and retain in the teaching
profession more people with the proper qualifications, it being recognized that advance in education
depends on the qualifications and ability of the teaching staff and that education is an essential
factor in the economic growth of the nation as a productive investment of vital importance.

Sec. 2. Title Definition. This Act shall be known as the "Magna Carta for Public School Teachers"
and shall apply to all public school teachers except those in the professorial staff of state colleges
and universities.

As used in this Act, the term "teacher" shall mean all persons engaged in classroom teaching, in any
level of instruction, on full-time basis, including guidance counselors, school librarians, industrial arts
or vocational instructors, and all other persons performing supervisory and/or administrative
functions in all schools, colleges and universities operated by the Government or its political
subdivisions; but shall not include school nurses, school physicians, school dentists, and other
school employees.

II. RECRUITMENT AND CAREER

Sec. 3. Recruitment and Qualification. Recruitment policy with respect to the selection and
appointment of teachers shall be clearly defined by the Department of
Education: Provided, however, That effective upon the approval of this Act, the following shall
constitute the minimum educational qualifications for teacher-applicants:

(a) For teachers in the kindergarten and elementary grades, Bachelor's degree in Elementary
Education (B.S.E.ED.);

(b) For teachers of the secondary schools, Bachelor's degree in Education or its equivalent with a
major and a minor; or a Bachelor's degree in Arts or Science with at least eighteen professional units
in Education.

(c) For teachers of secondary vocational and two years technical courses, Bachelor's degree in the
field of specialization with at least eighteen professional units in education;

(d) For teachers of courses on the collegiate level, other than vocational, master's degree with a
specific area of specialization;

Provided, further, That in the absence of applicants who possess the minimum educational
qualifications as hereinabove provided, the school superintendent may appoint, under a temporary
status, applicants who do not meet the minimum qualifications: Provided, further, That should
teacher-applicants, whether they possess the minimum educational qualifications or not, be required
to take competitive examinations, preference in making appointments shall be in the order of their
respective ranks in said competitive examinations: And provided, finally, That the results of the
examinations shall be made public and every applicant shall be furnished with his score and rank in
said examinations.

Sec. 4. Probationary Period. When recruitment takes place after adequate training and professional
preparation in any school recognized by the Government, no probationary period preceding regular
appointment shall be imposed if the teacher possesses the appropriate civil service
eligibility: Provided, however, That where, due to the exigencies of the service, it is necessary to
employ as teacher a person who possesses the minimum educational qualifications herein above
set forth but lacks the appropriate civil service eligibility, such person shall be appointed on a
provisional status and shall undergo a period of probation for not less than one year from and after
the date of his provisional appointment.

Sec. 5. Tenure of Office. Stability on employment and security of tenure shall be assured the
teachers as provided under existing laws.

Subject to the provisions of Section three hereof, teachers appointed on a provisional status for lack
of necessary civil service eligibility shall be extended permanent appointment for the position he is
holding after having rendered at least ten years of continuous, efficient and faithful service in such
position.

Sec. 6. Consent for Transfer Transportation Expenses. Except for cause and as herein otherwise
provided, no teacher shall be transferred without his consent from one station to another.

Where the exigencies of the service require the transfer of a teacher from one station to another,
such transfer may be effected by the school superintendent who shall previously notify the teacher
concerned of the transfer and the reason or reasons therefor. If the teacher believes there is no
justification for the transfer, he may appeal his case to the Director of Public Schools or the Director
of Vocational Education, as the case may be. Pending his appeal and the decision thereon, his
transfer shall be held in abeyance: Provided, however, That no transfers whatever shall be made
three months before any local or national election.

Necessary transfer expenses of the teacher and his family shall be paid for by the Government if his
transfer is finally approved.

Sec. 7. Code of Professional Conduct for Teachers. Within six months from the approval of this Act,
the Secretary of Education shall formulate and prepare a Code of Professional Conduct for Public
School Teachers. A copy of the Code shall be furnished each teacher: Provided, however, That
where this is not possible by reason of inadequate fiscal resources of the Department of Education,
at least three copies of the same Code shall be deposited with the office of the school principal or
head teacher where they may be accessible for use by the teachers.

Sec. 8. Safeguards in Disciplinary Procedure. Every teacher shall enjoy equitable safeguards at
each stage of any disciplinary procedure and shall have:

a. the right to be informed, in writing, of the charges;

b. the right to full access to the evidence in the case;

c. the right to defend himself and to be defended by a representative of his choice and/or by his
organization, adequate time being given to the teacher for the preparation of his defense; and
d. the right to appeal to clearly designated authorities.

No publicity shall be given to any disciplinary action being taken against a teacher during the
pendency of his case.

Sec. 9. Administrative Charges. Administrative charges against a teacher shall be heard initially by a
committee composed of the corresponding School Superintendent of the Division or a duly
authorized representative who should at least have the rank of a division supervisor, where the
teacher belongs, as chairman, a representative of the local or, in its absence, any existing provincial
or national teacher's organization and a supervisor of the Division, the last two to be designated by
the Director of Public Schools. The committee shall submit its findings and recommendations to the
Director of Public Schools within thirty days from the termination of the hearings: Provided, however,
That where the school superintendent is the complainant or an interested party, all the members of
the committee shall be appointed by the Secretary of Education.

Sec. 10. No Discrimination. There shall be no discrimination whatsoever in entrance to the teaching
profession, or during its exercise, or in the termination of services, based on other than professional
consideration.

Sec. 11. Married Teachers. Whenever possible, the proper authorities shall take all steps to enable
married couples, both of whom are public school teachers, to be employed in the same locality.

Sec. 12. Academic Freedom. Teachers shall enjoy academic freedom in the discharge of their
professional duties, particularly with regard to teaching and classroom methods.

III. HOURS OF WORK AND REMUNERATION

Sec. 13. Teaching Hours. Any teacher engaged in actual classroom instruction shall not be required
to render more than six hours of actual classroom teaching a day, which shall be so scheduled as to
give him time for the preparation and correction of exercises and other work incidental to his normal
teaching duties: Provided, however, That where the exigencies of the service so require, any teacher
may be required to render more than six hours but not exceeding eight hours of actual classroom
teaching a day upon payment of additional compensation at the same rate as his regular
remuneration plus at least twenty-five per cent of his basic pay.

Sec. 14. Additional Compensation. Notwithstanding any provision of existing law to the contrary, co-
curricula and out of school activities and any other activities outside of what is defined as normal
duties of any teacher shall be paid an additional compensation of at least twenty-five per cent of his
regular remuneration after the teacher has completed at least six hours of actual classroom teaching
a day.

In the case of other teachers or school officials not engaged in actual classroom instruction, any
work performed in excess of eight hours a day shall be paid an additional compensation of at least
twenty-five per cent of their regular remuneration.

The agencies utilizing the services of teachers shall pay the additional compensation required under
this section. Education authorities shall refuse to allow the rendition of services of teachers for other
government agencies without the assurance that the teachers shall be paid the remuneration
provided for under this section.

Sec. 15. Criteria for Salaries. Teacher's salaries shall correspond to the following criteria:
(a) they shall compare favorably with those paid in other occupations requiring equivalent or similar
qualifications, training and abilities;

(b) they shall be such as to insure teachers a reasonable standard of life for themselves and their
families; and

(c) they shall be properly graded so as to recognize the fact that certain positions require higher
qualifications and greater responsibility than others: Provided, however, That the general salary
scale shall be such that the relation between the lowest and highest salaries paid in the profession
will be of reasonable order. Narrowing of the salary scale shall be achieved by raising the lower end
of the salary scales relative to the upper end.

Sec. 16. Salary Scale. Salary scales of teachers shall provide for a gradual progression from a
minimum to a maximum salary by means of regular increments, granted automatically after three
years: Provided, That the efficiency rating of the teacher concerned is at least satisfactory. The
progression from the minimum to the maximum of the salary scale shall not extend over a period of
ten years.

Sec. 17. Equality in Salary Scales. The salary scales of teachers whose salaries are appropriated by
a city, municipal, municipal district, or provincial government, shall not be less than those provided
for teachers of the National Government.

Sec. 18. Cost of Living Allowance. Teacher's salaries shall, at the very least, keep pace with the rise
in the cost of living by the payment of a cost-of-living allowance which shall automatically follow
changes in a cost-of-living index. The Secretary of Education shall, in consultation with the proper
government entities, recommend to Congress, at least annually, the appropriation of the necessary
funds for the cost-of-living allowances of teachers employed by the National Government. The
determination of the cost-of-living allowances by the Secretary of Education shall, upon approval of
the President of the Philippines, be binding on the city, municipal or provincial government, for the
purposes of calculating the cost-of-living allowances of teachers under its employ.

Sec. 19. Special Hardship Allowances. In areas in which teachers are exposed to hardship such as
difficulty in commuting to the place of work or other hazards peculiar to the place of employment, as
determined by the Secretary of Education, they shall be compensated special hardship allowances
equivalent to at least twenty-five per cent of their monthly salary.

Sec. 20. Salaries to be Paid in Legal Tender. Salaries of teachers shall be paid in legal tender of the
Philippines or its equivalent in checks or treasury warrants. Provided, however, That such checks or
treasury warrants shall be cashable in any national, provincial, city or municipal treasurer's office or
any banking institutions operating under the laws of the Republic of the Philippines.

Sec. 21. Deductions Prohibited. No person shall make any deduction whatsoever from the salaries
of teachers except under specific authority of law authorizing such deductions: Provided, however,
That upon written authority executed by the teacher concerned, (1) lawful dues and fees owing to
the Philippine Public School Teachers Association, and (2) premiums properly due on insurance
policies, shall be considered deductible.

IV. HEALTH MEASURES AND INJURY BENEFITS

Sec. 22. Medical Examination and Treatment. Compulsory medical examination shall be provided
free of charge for all teachers before they take up teaching, and shall be repeated not less than once
a year during the teacher's professional life. Where medical examination show that medical
treatment and/or hospitalization is necessary, same shall be provided free by the government entity
paying the salary of the teachers.

In regions where there is scarcity of medical facilities, teachers may obtain elsewhere the necessary
medical care with the right to be reimbursed for their traveling expenses by the government entity
concerned in the first paragraph of this Section.

Sec. 23. Compensation For Injuries. Teachers shall be protected against the consequences of
employment injuries in accordance with existing laws. The effects of the physical and nervous strain
on the teacher's health shall be recognized as a compensable occupational disease in accordance
with existing laws.

V. LEAVE AND RETIREMENT BENEFITS

Sec. 24. Study Leave. In addition to the leave privileges now enjoyed by teachers in the public
schools, they shall be entitled to study leave not exceeding one school year after seven years of
service. Such leave shall be granted in accordance with a schedule set by the Department of
Education. During the period of such leave, the teachers shall be entitled to at least sixty per cent of
their monthly salary: Provided, however, That no teacher shall be allowed to accumulate more than
one year study leave, unless he needs an additional semester to finish his thesis for a graduate
study in education or allied courses: Provided, further, That no compensation shall be due the
teacher after the first year of such leave. In all cases, the study leave period shall be counted for
seniority and pension purposes.

The compensation allowed for one year study leave as herein provided shall be subject to the
condition that the teacher takes the regular study load and passes at least seventy-five per cent of
his courses. Study leave of more than one year may be permitted by the Secretary of Education but
without compensation.

Sec. 25. Indefinite Leave. An indefinite sick leave of absence shall be granted to teachers when the
nature of the illness demands a long treatment that will exceed one year at the least.

Sec. 26. Salary Increase upon Retirement. Public school teachers having fulfilled the age and
service requirements of the applicable retirement laws shall be given one range salary raise upon
retirement, which shall be the basis of the computation of the lump sum of the retirement pay and
the monthly benefits thereafter.

VI. TEACHER'S ORGANIZATION

Sec. 27. Freedom to Organize. Public school teachers shall have the right to freely and without
previous authorization both to establish and to join organizations of their choosing, whether local or
national to further and defend their interests.

Sec. 28. Discrimination Against Teachers Prohibited. The rights established in the immediately
preceding Section shall be exercised without any interference or coercion. It shall be unlawful for any
person to commit any acts of discrimination against teachers which are calculated to (a) make the
employment of a teacher subject to the condition that he shall not join an organization, or shall
relinquish membership in an organization,

(b) to cause the dismissal of or otherwise prejudice a teacher by reason of his membership in an
organization or because of participation in organization activities outside school hours, or with the
consent of the proper school authorities, within school hours, and (c) to prevent him from carrying
out the duties laid upon him by his position in the organization, or to penalize him for an action
undertaken in that capacity.

Sec. 29. National Teacher's Organizations. National teachers' organizations shall be consulted in the
formulation of national educational policies and professional standards, and in the formulation of
national policies governing the social security of the teachers.

VII. ADMINISTRATION AND ENFORCEMENT

Sec. 30. Rules and Regulations. The Secretary of Education shall formulate and prepare the
necessary rules and regulations to implement the provisions of this Act. Rules and regulations
issued pursuant to this Section shall take effect thirty days after publication in a newspaper of
general circulation and by such other means as the Secretary of Education deems reasonably
sufficient to give interested parties general notice of such issuance.

Sec. 31. Budgetary Estimates. The Secretary of Education shall submit to Congress annually the
necessary budgetary estimates to implement the provisions of the Act concerning the benefits herein
granted to public school teachers under the employ of the National Government.

Sec. 32. Penal Provision. A person who shall willfully interfere with, restrain or coerce any teacher in
the exercise of his rights guaranteed by this Act or who shall in any other manner commit any act to
defeat any of the provisions of this Act shall, upon conviction, be punished by a fine of not less than
one hundred pesos nor more than one thousand pesos, or by imprisonment, in the discretion of the
court.

If the offender is a public official, the court shall order his dismissal from the Government service.

Sec. 33. Repealing Clause. All Acts or parts of Acts, executive orders and their implementing rules
inconsistent with the provisions of this Act are hereby repealed, amended or modified accordingly.

Sec. 34. Separability Clause. If any provision of this Act is declared invalid, the remainder of this Act
or any provisions not affected thereby shall remain in force and in effect.

Sec. 35. This Act shall take effect upon its approval.

Republic of the Philippines

CONGRESS OF THE PHILIPPINES
Metro Manila

Second Regular Session

Begun and held in Metro Manila, on Monday, the twenty-sixth day of July, nineteen hundred and
ninety-three.

REPUBLIC ACT No. 7722

AN ACT CREATING THE COMMISSION ON HIGHER EDUCATION, APPROPRIATING FUNDS

THEREFOR AND FOR OTHER PURPOSES
Be it enacted by the Senate and House of Representatives of the Philippines in Congress
assembled:

Section 1. Title. – This Act shall be known as the "Higher Education Act of 1994".

Section 2. Declaration of Policy. - The State shall protect, foster and promote the right of all
citizens to affordable quality education at all levels and shall take appropriate steps to ensure that
education shall be accessible to all. The State shall likewise ensure and protect academic freedom
and shall promote its exercise and observance for the continuing intellectual growth, the
advancement of learning and research, the development of responsible and effective leadership, the
education of high-level and middle-level professionals, and the enrichment of our historical and
cultural heritage.

State-supported institutions of higher learning shall gear their programs to national, regional or local
development plans. Finally, all institutions of higher learning shall exemplify through their physical
and natural surroundings the dignity and beauty of, as well as their pride in, the intellectual and
scholarly life.

Section 3. Creation of the Commission on Higher Education. - In pursuance of the above

mentioned policies, the Commission on Higher Education is hereby created, hereinafter referred to
as the Commission.

The Commission shall be independent and separate from the Department of Education, Culture and
Sports (DECS), and attached to the Office of the President for administrative purposes only. Its
coverage shall be both public and private institutions of higher education as well as degree-granting
programs in all post-secondary educational institutions, public and private.

Section 4. Composition of the Commission. - The Commission shall be composed of five (5) full-
time members. During the transition period which begins upon approval of this Act, the President
may appoint the Secretary of Education, Culture and Sports as ex officio chairman of the
Commission for a maximum period of one (1) year. Thereafter, the President shall appoint a
Chairman of the Commission and four (4) commissioners, who shall be holders of earned
doctorate(s), who have been actively engaged in higher education for at least ten (10) years, and
must not have been candidates for elective positions in the elections immediately preceding their
appointment. They shall be academicians known for their high degree of professionalism and
integrity who have distinguished themselves as authorities in their chosen fields of learning. The
members of the Commission shall belong to different academic specializations.

In no case shall any and all of the Commissioners appoint representatives to act on their behalf.

Section 5. Term of Office. - The President shall appoint the full-time chairman and the
commissioners for a term of four (4) years, without prejudice to one reappointment. The terms of the
initial appointees shall be on a staggered basis: the full-time chairman shall hold office for a term of
four (4) years, the next two (2) commissioners for three (3) years, and the last two (2) commissioners
for two (2) years.

The commissioners shall hold office until their successors shall have been appointed and qualified.
Should a member of the Commission 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.

Section 6. Rank and Emoluments. - The chairman and the commissioners shall have the rank of a
Department Secretary and Undersecretary, respectively. They shall receive the compensation and
other emoluments corresponding to those of a Department Secretary and Undersecretary,
respectively, and shall be subject to the same disqualifications.

Section 7. Board of Advisers. - There shall be constituted a Board of Advisers which shall meet
with the Commission at least once a year to assist it in aligning its policies and plans with the
cultural, political and socioeconomic development needs of the nation and with the demands of
world-class scholarship.

The Board of Advisers shall be composed of the following:

a. the Secretary of Education, Culture and Sports, as chairman;

b. the Director-General of the National Economic and Development Authority, as co-

chairman;

c. the Secretary of Science and Technology;

d. the Secretary of Trade and Industry;

e. the Secretary of Labor and Employment;

f. the President of the Federation of Accrediting Associations of the Philippines (FAAP); and

g. the President of the Fund for Assistance to Private Education (FAPE).

Two (2) additional members of the Board of Advisers may be appointed by the President upon
recommendation of the Commission.

Section 8. Powers and Functions of the Commission. -The Commission shall have the following
powers and functions:

a. formulate and recommend development plans, policies, priorities, and programs on higher
education and research;

b. formulate and recommend development plans, policies, priorities and programs on

research;

c. recommend to the executive and legislative branches, priorities and grants on higher
education and research;

d. set minimum standards for programs and institutions of higher learning recommended by
panels of experts in the field and subject to public hearing, and enforce the same;

e. monitor and evaluate the performance of programs and institutions of higher learning for
appropriate incentives as well as the imposition of sanctions such as, but not limited to,
diminution or withdrawal of subsidy, recommendation on the downgrading or withdrawal of
accreditation, program termination or school closure;

f. identify, support and develop potential centers of excellence in program areas needed for
the development of world-class scholarship, nation building and national development;
 g. recommend to the Department of Budget and Management the budgets of public
institutions of higher learning as well as general guidelines for the use of their income;

h. rationalize programs and institutions of higher learning and set standards, policies and
guidelines for the creation of new ones as well as the conversion or elevation of schools to
institutions of higher learning, subject to budgetary limitations and the number of institutions
of higher learning in the province or region where creation, conversion or elevation is sought
to be made;

i. develop criteria for allocating additional resources such as research and program
development grants, scholarships, and other similar programs: Provided, That these shall not
detract from the fiscal autonomy already enjoyed by colleges and universities;

j. direct or redirect purposive research by institutions of higher learning to meet the needs of
agro-industrialization and development;

k. devise and implement resource development schemes;

l. administer the Higher Education Development Fund, as described in Section 10 hereunder,

which will promote the purposes of higher education;

m. review the charters of institutions of higher learning and state universities and colleges
including the chairmanship and membership of their governing bodies and recommend
appropriate measures as basis for necessary action;

n. promulgate such rules and regulations and exercise such other powers and functions as
may be necessary to carry out effectively the purpose and objectives of this Act; and

o. perform such other functions as may be necessary for its effective operations and for the
continued enhancement, growth or development of higher education.

Section 9. The Secretariat. - The Commission shall organize a secretariat which shall be headed
by an executive officer, subject to the national compensation and position classification plan. It shall
fix the secretariat’s staffing pattern, determine the duties, qualifications, responsibilities and
functions, as well as the compensation scheme for the positions to be created upon the
recommendation of the executive officer. It shall also prepare and approve its budget.

The Commission shall appoint the members of the staff upon the recommendation of the executive
officer.

Section 10. The Higher Education Development Fund. -A Higher Education Development Fund,
hereinafter referred to as the Fund, is hereby established exclusively for the strengthening of higher
education in the entire country.

a. The Government’s contribution to the Fund shall be the following:

1. the amount of Five hundred million pesos (P500,000,000) as seed capital;

2. the amount of Fifty million pesos (P50,000,000) for the initial operation of the
Commission;
 3. the equivalent of forty percent (40%) annual share on the total gross collections of
the travel tax;

4. the equivalent of thirty percent (30%) share of the collections from the Professional
Registration Fee; and

5. the equivalent of one percent (1%) of the gross sales of the lotto operation of the
Philippine Charity Sweepstakes Office (PCSO).

b. Starting Fiscal Year 1995 and every year thereafter, government financing institutions
identified and requested by the Commission may contribute to the Fund an amount
equivalent to not less than three percent (3%) but not more than five percent (5%) of their
unimpaired surplus realized during the immediately preceding year.

c. The Fund shall have a private portion to be raised from donations, gifts, and other
conveyances including materials, equipment, properties and services by gratuitous title.

Section 11. Management and Administration of the Higher Education Development Fund. -
The Fund shall be administered by the Commission. For sound and judicious management of the
Fund, the Commission shall appoint a reputable government financial institution as portfolio
manager of the Fund, subject to the following conditions.

As administrator of the Fund, the Commission shall prepare the necessary guidelines for its use,
subject to the following conditions:

a. No part of the seed capital of the Fund, including earnings thereof, shall be used to
underwrite overhead expenses for administration;

b. Unless otherwise stipulated by the private donor, only earnings of private contributions
shall be used for administrative expenses;

c. The Commission shall appoint and organize a separate staff, independent administratively
and budgetarily separate from the Commission Secretariat; and

d. The Fund shall be utilized equitably according to regions and programs.

Section 12. The Technical Panels. - The Commission shall reconstitute and/or organize technical
panels for different disciplines/program areas. They shall assist the Commission in setting standards
and in program and institution monitoring and evaluation. The technical panels shall be composed of
senior specialists or academicians to be appointed by the Commission.

Section 13. Guarantee of Academic Freedom. - Nothing in this Act shall be construed as limiting
the academic freedom of universities and colleges. In particular, no abridgment of curricular freedom
of the individual educational institutions by the Commission shall be made except for: (a) minimum
unit requirements for specific academic programs; (b) general education distribution requirements as
may be determined by the Commission; and (c) specific professional subjects as may be stipulated
by the various licensing entities. No academic or curricular restriction shall be made upon private
educational institutions which are not required for chartered state colleges and universities.
Section 14. Accreditation. - The Commission shall provide incentives to institutions of higher
learning, public and private, whose programs are accredited or whose needs are for accreditation
purposes.

Section 15. Tax Exemptions. - Any donation, contribution, bequest, and grant which may be made
to the Commission shall constitute as allowable deduction from the income of the donor for income
tax purposes and shall be exempt from donor’s tax, subject to such conditions as provided under the
National Internal Revenue Code, as amended.

Section 16. Authority. - The Commission shall exercise such authority as may be deemed
necessary within its premises or areas of operation to effectively carry out its powers and functions
and to attain its objectives: Provided, That the Commission may seek the assistance of other
government agencies for the proper implementation of this Act.

Section 17. Appropriation. - The amount of Five hundred million pesos (P500,000,000) is hereby
authorized to be appropriated for the seed capital of the Fund. The additional amount of Fifty million
pesos (P50,000,000) is hereby authorized to be appropriated out of the funds in the National
Treasury not otherwise appropriated or out of the Philippine Amusement and Gaming Corporation
(PAGCOR) funds for the initial operation of the Commission.

The sum equivalent to the appropriations for the current year for the Bureau of Higher Education and
the degree-granting-programs of the Bureau of Technical-Vocational Education, including those for
higher and tertiary education and degree granting vocational and technical programs of the Bureau
of Technical-Vocational Education in the regional offices, as well as parts of the budgetary items
under the DECS budget that are concerned with higher and tertiary education and degree-granting
vocational and technical programs such as those for personal services, maintenance and other
operating expenses and capital outlay, shall be transferred to the Commission.

Thereafter, the funds necessary shall be included in the General Appropriations Act.

Section 18. Transitory Provisions. - Such personnel, properties, assets and liabilities, functions
and responsibilities of the Bureau of Higher Education, including those for higher and tertiary
education and degree-granting vocational and technical programs in the regional offices, under the
Department of Education, Culture and Sports, and other government entities having functions similar
to those of the Commission are hereby transferred to the Commission.

The Commission shall have the authority to appoint its own personnel.

All regular or permanent employees transferred to the Commission shall not suffer any loss of
seniority or rank or decrease in emoluments. Personnel of the Bureau of Higher Education not
otherwise transferred to the Commission shall be reassigned by the DECS in any of its offices and
bureaus: Provided, however, That, any employee who cannot be accommodated shall be given all
the benefits as may be provided under existing laws, rules and regulations.

Jurisdiction over DECS-supervised or chartered state-supported post-secondary degree-granting

vocational and technical programs and tertiary institutions shall be transferred to the Commission.

A transitory body is hereby created which shall be composed of the Secretary of Education, Culture
and Sports (DECS), Chair of the Senate Committee on Education, Arts and Culture, Chair of the
House Committee on Education and Culture, a representative each of the Association of Christian
Schools and Colleges (ACSC), the Catholic Educational Association of the Philippines (CEAP), the
Philippine Association of Colleges and Universities (PACU), the Philippine Association of Private
Schools, Colleges and Universities (PAPSCU), the Philippine Association of State Universities and
Colleges (PASUC), and the Philippine Association of Private Technical Institutions (PAPTI).

The transitory body shall facilitate the complete and full operation of the Commission which shall not
be later than three (3) months after the effectivity of this Act. It shall likewise, promulgate the rules
and regulations necessary to effectively implement the smooth and orderly transfer to the
Commission. The transition period not exceeding three (3) months shall commence from the
approval of this Act.
1âwphi 1

Section 19. Repealing Clause. -All laws, presidential decrees, executive orders, rules and
regulations or parts thereof which are inconsistent with the provisions of this Act are hereby repealed
or modified accordingly.

Section 20. Separability Clause. - If any part or provision of this Act shall be held unconstitutional
or invalid, other provisions hereof which are not affected thereby shall continue to be in full force and
effect.

Section 21. Effectivity. - This Act shall take effect upon its approval.

Approved,

(Sgd.) EDGARDO J. ANGARA (Sgd.) JOSE DE VENECIA, JR.

President of the Senate Speaker of the House of Representatives

This Act, which is a consolidation of Senate Bill No. 1453 and the House Bill No. 12200, was finally
passed by the Senate and the House of Representatives on May 4, 1994 and May 17, 1994,
respectively.

(Sgd.) EDGARDO E. TUMANGAN (Sgd.) CAMILO L. SABIO

Secretary of Senate Secretary General
House of Representatives

Approved: 18 May 1994

(Sgd.) FIDEL V. RAMOS

President of the Philippines

Republic of the Philippines

Congress of the Philippines
Metro Manila

Second Regular Session

Begun and held in Metro Manila, on Monday, the twenty-sixth

day of July, nineteen hundred and ninety-three.

[REPUBLIC ACT NO. 7784]

AN ACT TO STRENGTHEN TEACHER EDUCATION IN THE PHILIPPINES BY
ESTABLISHING CENTERS OF EXCELLENCE, CREATING A TEACHER EDUCATION
COUNCIL FOR THE PURPOSE, APPROPRIATING FUNDS THEREFOR, AND FOR
OTHER PURPOSES

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

assembled:

SECTION 1. Declaration of Policy – It is the declared policy of the State to 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. It is likewise universally recognized that
the teacher is the key to the effectiveness of the teaching-learning process by drawing
out and nurturing the best in the learner as a human being and a worthy member of
society Thus, this Act aims to provide and ensure quality education by strengthening the
education and training of teachers nationwide through a national system of excellence for
teacher education.

Our vision is a teacher education system whose mission is to educate an train teachers
of unquestionable integrity and competence, and who are committed to their continuing
professional growth and obligation to help their students grow as responsible individuals
and citizens of the Philippines and of the world.

SEC. 2. Definition of Terms – As used in this Act:

(a) “Teacher” shall mean all persons engaged in the classroom teaching of any subject,
including practical/vocational arts, at the elementary and secondary levels of instruction
including persons performing guidance and counseling, instructional supervision in all
private or public education institutions, but shall not include school nurses, school
physicians, school dentists, school administrators, and other school administrative
support employees. Graduates of education who have passed the government
examination for teachers although not actually employed as such, are hereby included in
this definition.

(b) “Teacher education” shall mean the pre-service education, in-service education, and
graduate education of teachers, in various areas of specialization.

(c) “Excellence” pertains to the efficient, effective and innovative delivery of relevant,
functional, and quality programs in teacher education, training, research and community
service.

(d) “Center of excellence” shall be a public or private college, institute, school or agency,
engaged in the pre-service and continuing education, formal and non-formal, of teachers
and teacher educators, that has established and continues to maintain a track record in
teacher education (in terms of number of graduates and their performance in the
government examination for teachers and their professional achievement), research, and
community service; whose graduates are models of integrity, commitment and dedication
in education. The centers of excellence may exist by themselves or within a university or
college.

SEC. 3. Teacher Education Centers of Excellence. – There shall be identified,

designated, established and developed in strategic places in each of the regions of the
country, one or more centers of excellence for teacher education based on criteria listed
hereunder, assessed and adjudged by the Council. These centers of excellence shall be
initially chosen from among existing public and private educational institutions by the
Teacher Education Council created under this Act.

Should the need arise, certain centers of excellence for teacher education at the
provincial level may later be identified and developed.

The criteria in identifying schools and colleges as centers of excellence shall include the
following: (a) highly educated, professionally qualified and experienced faculty dedicated
to the philosophy, mission, vision and goals of the institution and education; (b) well-
selected students; (c) adequate library, research and study facilities; (d) competent
administrative and support staff; (e) well-planned and relevant instructional programs; (f)
adequate student development programs; (g) adequate student services; (h) relevant
extension service and outreach programs; (i) percentage of graduates who become
teachers; and (j) such other criteria as may be established and operationalized by the
Teacher Education Council.

The Teacher Education Center of Excellence shall form a national network which in turn
shall network with elementary schools, high schools and/or a part thereof for laboratory
purposes.

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.

SEC. 4: Objectives and Functions of a Center of Excellence. – The objectives and

functions of a center of excellence shall be to:

(a) Experiment and try out relevant and innovative pre-service/in-service teacher
education/training programs;

(b) Organize and coordinate collaborative research on identified areas for systematic
investigation in teacher education as basis for improving teacher education programs;

(c) Serve as teacher resource center for curricular/instructional materials development;

(d) Serve as the central node for networking specific disciplines in teacher education in
the region;

(e) Provide professional assistance to Teacher Education Institutions (TEIs) that have
expressed the need for such assistance;
(f) Encourage mutual support among TEIs in the region for upgrading and improving their
programs; and

(g) Facilitate and help expedite accreditation among TEIs.

SEC. 5. Creation of the Teacher Education Council. – There shall be a Teacher Education
Council composed of eleven (11) members with the Secretary of Education, Culture and
Sports as ex officio chairman, and three (3) other ex officio members, namely: a
Commissioner of the Commission on Higher Education (CHED), a representative of the
National Commission on Culture and Arts (NCCA), and the Chairman of the Professional
Regulations Commission (PRC).

The seven (7) regular members of the Council who shall be appointed by the President
of the Republic of the Philippines are:

(a) Three (3) representatives of centers of teacher education: one (1) from Luzon, one (1)
from the Visayas, and one (1) from Mindanao who shall take into account the views of the
parents-teachers and community associations, student associations, nongovernmental
organizations, and people organizations concerned with basic education;

One (1) representative of science teachers;

One (1) representative of mathematics teachers;

One (1) representative of social studies teachers; and

One (1) representative of language teachers.

The other officers of the Council shall be elected by the members from among the regular
members.

The members of the Council shall serve without any compensation but shall be
reimbursed for actual and necessary expenses incurred by them in carrying out their
duties under this Act.

The Council shall meet at least four (4) times a year and hold such other meetings at the
call of the chairman or a majority of the members.

All regular members of the Council shall hold office for a -period of three (3) years.

SEC 6. Criteria for the Selection of Regular Council Members. – The criteria for the
selection of the regular Council members are as follows:

(a) Integrity;

(b) Expertise and experience in teacher education;

(c) Recognized as an expert, nationally or internationally; and

(d) Willingness to serve.

SEC. 7. Powers and Functions of the Council. – The Council shall have the following
powers and functions:

(a) To identify and designate among existing private and public schools, teacher
education institutions as Centers of Excellence for Teacher Education, at the national,
regional, and provincial levels;

(b) To formulate policies and standards that shall strengthen and improve the system of
teacher education in all existing public and private schools;

(c) Initiate a periodic review of curricula and programs for teacher education and training
through participatory methods, such as self-assessment by institutions;

(d) To adopt an adequate and effective system of incentives such as scholarship grants,
loan programs, subsidies, stipends and other similar benefits and incentives, in order to
attract and encourage outstanding high school graduates whether from public or private
schools, to pursue teacher education;

(e) To encourage the establishment of consortia and other cooperative arrangements

among teacher education schools, public or private, for greater efficiency and economy
in the use of resources;

(f) Design collaborative programs or projects that will enhance pre-service teacher
training, in-service training, re training, orientation, and teacher development;

(g) To direct the conduct of relevant studies as may be needed in the formulation of
policies and in the planning and successful implementation of plans, programs and
projects required in attaining the purposes of this Act;

(h) To review existing and recommend new legislation and policies of the government in
order to improve teacher education and promote the welfare of teachers;

(i) To recommend appropriate measures to the President, Congress, and heads of other
government offices and agencies to improve, enhance and strengthen teacher education;
and

(j) To call upon any department, bureau, office, or government corporation, local
government unit and other concerned agencies for assistance in areas falling within their
mandate.
SEC. 8. Secretariat. – The Council shall organize and appoint a secretariat headed by an
executive director, that shall assist the Council in executing its policies and programs and
provide the necessary administrative support therefor.

SEC. 9. Active Participation of Local Government Units. -Local government units shall
include in their plans, programs, and projects the development and’ improvement of
teacher education through the centers of excellence in their respective regions.

SEC. 10. Appropriation. – The sum of One hundred million pesos (P100, 000,000) is
hereby authorized to be appropriated from the income of duty-free shops or otherwise
known as the Trust Liability Account of the Department of Tourism, for the initial
organizational and developmental activities of the Centers and the Council: Provided,
however, That .lot more than five percent (5%) shall be devoted to Council’s expenses.
Thereafter, such amount as may be necessary to carry out the provisions of this Act shall
be included in the annual budget of the Department of Education, Culture and Sports.

SEC. 11. Implementing Rules and Guidelines. – The Teacher Education Council created
under this Act shall promulgate the implementing rules and regulations sixty (60) days
from the approval of this Act.

SEC. 12. Repealing Clause. – All laws, presidential decrees, rules or regulations or parts
thereof inconsistent with the provisions of this Act arc hereby repealed or modified
accordingly.

SEC 13. Effectivity Clause. – This Act shall lake effect upon its approval.

Approved,

(Sgd.) JOSE D
(Sgd.) EDGARDO J. ANGARA
Speaker o
President of the Senate
of Repre

This Act which is a consolidation of House Bill No. 10493 and Senate Bill No. 1352 was
finally passed by the House of Representatives and the Senate on June 1, 1994.

(Sgd.) CAM
(Sgd.) EDGARDO E. TUMANGAN
Secreta
Secretary of the Senate
House of R

Approved:
04 AUG 1994

(Sgd.) FIDEL V. RAMOS

President of the Philippines
Source: Presidential Management Staff

Republic of the Philippines

Congress of the Philippines
Metro Manila

Eighth Congress

Republic Act No. 7438 April 27, 1992

AN ACT DEFINING CERTAIN RIGHTS OF PERSON ARRESTED, DETAINED OR UNDER

CUSTODIAL INVESTIGATION AS WELL AS THE DUTIES OF THE ARRESTING, DETAINING
AND INVESTIGATING OFFICERS, AND PROVIDING PENALTIES FOR VIOLATIONS THEREOF

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

assembled::

Section 1. Statement of Policy. – It is the policy of the Senate to value the dignity of every human
being and guarantee full respect for human rights.

Section 2. Rights of Persons Arrested, Detained or Under Custodial Investigation; Duties of

Public Officers.–

(a) Any person arrested detained or under custodial investigation shall at all times be
assisted by counsel.

(b) Any public officer or employee, or anyone acting under his order or his place, who
arrests, detains or investigates any person for the commission of an offense shall inform the
latter, in a language known to and understood by him, of his rights to remain silent and to
have competent and independent counsel, preferably of his own choice, who shall at all
times be allowed to confer privately with the person arrested, detained or under custodial
investigation. If such person cannot afford the services of his own counsel, he must be
provided with a competent and independent counsel by the investigating officer. law phi 1Ÿ

(c) The custodial investigation report shall be reduced to writing by the investigating officer,
provided that before such report is signed, or thumbmarked if the person arrested or
detained does not know how to read and write, it shall be read and adequately explained to
him by his counsel or by the assisting counsel provided by the investigating officer in the
language or dialect known to such arrested or detained person, otherwise, such investigation
report shall be null and void and of no effect whatsoever.

(d) Any extrajudicial confession made by a person arrested, detained or under custodial
investigation shall be in writing and signed by such person in the presence of his counsel or
in the latter's absence, upon a valid waiver, and in the presence of any of the parents, elder
brothers and sisters, his spouse, the municipal mayor, the municipal judge, district school
supervisor, or priest or minister of the gospel as chosen by him; otherwise, such extrajudicial
confession shall be inadmissible as evidence in any proceeding.
 (e) Any waiver by a person arrested or detained under the provisions of Article 125 of the
Revised Penal Code, or under custodial investigation, shall be in writing and signed by such
person in the presence of his counsel; otherwise the waiver shall be null and void and of no
effect.

(f) Any person arrested or detained or under custodial investigation shall be allowed visits by
or conferences with any member of his immediate family, or any medical doctor or priest or
religious minister chosen by him or by any member of his immediate family or by his counsel,
or by any national non-governmental organization duly accredited by the Commission on
Human Rights of by any international non-governmental organization duly accredited by the
Office of the President. The person's "immediate family" shall include his or her spouse,
fiancé or fiancée, parent or child, brother or sister, grandparent or grandchild, uncle or aunt,
nephew or niece, and guardian or ward.

As used in this Act, "custodial investigation" shall include the practice of issuing an "invitation" to a
person who is investigated in connection with an offense he is suspected to have committed, without
prejudice to the liability of the "inviting" officer for any violation of law.

Section 3. Assisting Counsel. – Assisting counsel is any lawyer, except those directly affected by
the case, those charged with conducting preliminary investigation or those charged with the
prosecution of crimes.

The assisting counsel other than the government lawyers shall be entitled to the following fees;

(a) The amount of One hundred fifty pesos (P150.00) if the suspected person is chargeable
with light felonies;
lawphi 1© alf

(b) The amount of Two hundred fifty pesos (P250.00) if the suspected person is chargeable
with less grave or grave felonies;

(c) The amount of Three hundred fifty pesos (P350.00) if the suspected person is chargeable
with a capital offense.

The fee for the assisting counsel shall be paid by the city or municipality where the custodial
investigation is conducted, provided that if the municipality of city cannot pay such fee, the
province comprising such municipality or city shall pay the fee: Provided, That the Municipal
or City Treasurer must certify that no funds are available to pay the fees of assisting counsel
before the province pays said fees.

In the absence of any lawyer, no custodial investigation shall be conducted and the suspected
person can only be detained by the investigating officer in accordance with the provisions of Article
125 of the Revised Penal Code.

Section 4. Penalty Clause. – (a) Any arresting public officer or employee, or any investigating
officer, who fails to inform any person arrested, detained or under custodial investigation of his right
to remain silent and to have competent and independent counsel preferably of his own choice, shall
suffer a fine of Six thousand pesos (P6,000.00) or a penalty of imprisonment of not less than eight
(8) years but not more than ten (10) years, or both. The penalty of perpetual absolute disqualification
shall also be imposed upon the investigating officer who has been previously convicted of a similar
offense.
 The same penalties shall be imposed upon a public officer or employee, or anyone acting
upon orders of such investigating officer or in his place, who fails to provide a competent and
independent counsel to a person arrested, detained or under custodial investigation for the
commission of an offense if the latter cannot afford the services of his own counsel.

(b) Any person who obstructs, prevents or prohibits any lawyer, any member of the
immediate family of a person arrested, detained or under custodial investigation, or any
medical doctor or priest or religious minister chosen by him or by any member of his
immediate family or by his counsel, from visiting and conferring privately with him, or from
examining and treating him, or from ministering to his spiritual needs, at any hour of the day
or, in urgent cases, of the night shall suffer the penalty of imprisonment of not less than four
(4) years nor more than six (6) years, and a fine of four thousand pesos (P4,000.00). lawphi 1©

The provisions of the above Section notwithstanding, any security officer with custodial responsibility
over any detainee or prisoner may undertake such reasonable measures as may be necessary to
secure his safety and prevent his escape.

Section 5. Repealing Clause. – Republic Act No. No. 857, as amended, is hereby repealed. Other
laws, presidential decrees, executive orders or rules and regulations, or parts thereof inconsistent
with the provisions of this Act are repealed or modified accordingly.

Section 6. Effectivity. – This Act shall take effect fifteen (15) days following its publication in the
Official Gazette or in any daily newspapers of general circulation in the Philippines.

Approved: April 27, 1992. lawphi 1Ÿ

DEVOLVING TO THE AUTONOMOUS REGIONAL GOVERNMENT OF THE AUTONOMOUS

REGION IN MUSLIM MINDANAO CERTAIN POWERS AND FUNCTIONS OF THE TECHNICAL
EDUCATION AND SKILLS DEVELOPMENT AUTHORITY INCLUDING THE CONTROL AND
SUPERVISION OVER ITS OFFICES, PROGRAMS AND PROJECTS IN THE REGION AND FOR
OTHER PURPOSES

WHEREAS, Section I, Art. XV of Republic Act No. 6734 provides that the Autonomous Regional
Government (ARG) shall establish, maintain and support a complete and integral system of quality
education and adopt an educational framework that is meaningful, relevant and responsive to the
needs, ideals and aspirations of the people in the Region;

WHEREAS, the Technical Education and Skills Development Authority (TESDA) as created by
Republic Act 7796 is charged to set a policy, supervise and promote technical vocational education
and training in non-degree granting programs in all post secondary and technical vocational training
institutions in the country;

WHEREAS, the Oversight Committee created pursuant to RA 6734 deemed it imperative that in
view of RA 7796, there is need to devolve certain powers and functions of the TESDA to the ARG;

NOW, THEREFORE, I, FIDEL V. RAMOS, President of the Republic of the Philippines, by virtue of
the powers vested in me by law, do hereby order:

Section 1. Declaration of Policy. Pursuant to the Constitution and Republic Act. No. 6734, it has
been the declared policy of the National Government to ensure the full and expeditious devolution of
powers and functions necessary for the governance of the ARG of the Autonomous Region in
Muslim Mindanao (ARMM);

Section 2. Transfer of Powers and Functions. Consistent with national policies, all programs and
projects of the TESDA, except the accreditation and certification programs, whether locally-funded or
foreign-assisted, in the ARMM earmarked for or to be implemented in the region, including
scholarships and grants shall be transferred to the ARG including its corresponding budgets and
assets.

Section 3. Budget and Appropriation. The current budget of the TESDA earmarked for the four (4)
provinces under the ARMM, in coordination with the Department of Budget and Management, shall
be transferred to the ARG.

Section 4. Standard Setting. The ARG shall formulate regional rules and regulations in the
implementation of programs and policies on technical vocational education and training in the region
of autonomy in accordance with the standards prescribed by the TESDA.

Section 5. Technical Assistance. TESDA shall make available to the ARG such technical assistance
as may be necessary to enable the ARG to carry out effectively the objectives of this Executive
Order.

Section 6. Quarterly Report. A quarterly status report on the implementation of this Executive Order
shall be submitted to the President by the ARG.

Section 7. Memorandum of Agreement. For the programs and projects of the TESDA not provided
herein relating to special concerns which require bilateral implementation in the autonomous region,
a Memorandum of Agreement shall be entered into between the TESDA and the ARG.

Section 8. Implementing Rules. The TESDA, in consultation with the ARG, shall issue the
implementing rules and regulations of this Executive Order within sixty (60), days from its
effectivity.
l awphi 1.net

Section 9. Transitory Provisions. Such budget, personnel, properties, assets and liabilities, functions
and pertinent records of the TESDA intended for and in the ARMM provinces, Bureau of Training on
Vocational Education-Department of Education Culture and Sports (BTVE-DECS), ARMM and the
Apprenticeship Program of the Bureau of Local Employment, Department of Labor and Employment
(AP-BLEDOLE), ARMM are hereby transferred to the ARG for the TESDA-ARMM.

Further, during such period, not to exceed one year from the effectivity hereof, that the ARG is
structuring, organizing, staffing, equipping and otherwise preparing the appropriate ARG office for
the TESDA to discharge the full powers, functions and responsibilities devolved pursuant to RA
6734, the TESDA shall extend full assistance and support to the ARG to ensure the realization of the
objectives of RA 7796 and this Order.

Section 10. Separability Clause. If, for any reason, any part or provision of this Executive Order shall
be held unconstitutional or invalid, any part or provision herein which are not affected thereby shall
continue to be in full force and effect.

Section 11. Effectivity. This Executive Order shall take effect fifteen (15) days after its publication in
a national newspaper of general circulation and one local newspaper of general circulation in the
ARMM.
Done in the City of Manila, this 30th day of March, in the year of our Lord Nineteen Hundred and
Ninety-Six.