Article XIV Education, Science&Technology, Arts, Culture and Sports

THE 1987 CONSTITUTION 

OF THE 

REPUBLIC OF THE PHILIPPINES

ARTICLE XIV EDUCATION, SCIENCE AND TECHNOLOGY, ARTS,CULTURE AND

SPORTSEDUCATIONSection 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:chanrobles virtual law library

(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

both public and private schools, especially to the under-privileged;

(4) Encourage non-formal, informal, and indigenous learning systems, as well as

self-learning, independent, and out-of-school study programs particularly those

that respond to community needs; and cralaw

(5) Provide adult citizens, the disabled, and out-of-school youth with training in

civics, vocational efficiency, and other skills.cralaw

Section 3. (1) All educational institutions shall include the study of the Constitution

as part of the curricula.cralaw

(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.cralaw

(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 public elementary and high

schools 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.cralaw

Section 4.(1) The State recognizes the complementary roles of public and private

institutions in the educational system and shall exercise reasonable supervision

and regulation of all educational institutions.cralaw

(2) Educational institutions, other than those established by religious groups and

mission boards, shall be owned 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 equity

participation in all educational institutions.cralaw

The control and administration of educational institutions shall be vested in

citizens of the Philippines.cralaw

No educational institution shall be established exclusively for aliens and no group

of aliens shall comprise more than one-third of the enrollment 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.cralaw

(3) 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.cralaw

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.cralaw

(4) 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.cralaw

Section 5. (1) the State shall take into account regional and sectoral needs and

conditions and shall encourage local planning in the development of educational

policies and programs.cralaw

(2) Academic freedom shall be enjoyed in all institutions of higher learning.cralaw

(3) Every citizen has a right to select a profession or course of study, subject to fair,

reasonable, and equitable admission and academic requirements.cralaw

(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.cralaw

(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

fulfillment. 

Republic Act No. 9293April 21, 2004

Republic of the PhilippinesCongress of the Philippines

Metro Manila

Twelfth Congress

Third Regular Session

Begun and held in Metro Manila, on Monday, the twenty-eighth day of July, two thousand three.

[REPUBLIC ACT NO. 9293]

AN ACT AMENDING CERTAIN SECS OF REPUBLIC ACT NUMBERED SEVENTY-EIGHT HUNDRED AND THIRTY-SIX (R.A. NO. 7836), OTHERWISE KNOWN AS THE “PHILIPPINE TEACHERS PROFESSIONALIZATION ACT OF 1994”

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

SECTION 1. Section 15, (e) (3) of Republic Act No. 7836 is hereby amended as follows:

“SEC. 15. Qualification Requirements of Applicants. – No applicant shall be admitted to take the examination unless, on the date of filing of the application, he shall have complied with the following requirements:

“(e) A graduate of a school, college or university recognized by the government and possesses the minimum educational qualifications, as follows:

(1) For teachers in preschool, a bachelor’s degree in early childhood education (BECED) or its equivalent;

(2) For teachers in the elementary grades, a bachelor’s degree in elementary education (BSEED) or its equivalent;

(3) For teachers in the secondary grades, a bachelor’s degree in education or its equivalent with a major and minor, or a bachelor degree in arts and sciences with at least eighteen (18) units in professional education; and

(4) For teachers of vocational and two-year technical courses, a bachelor’s degree in the field of specialization or its equivalent, with at least eighteen (18) units in professional education.”

SEC 2. Section 26 of the same Act is hereby amended to read as follows:

“SEC. 26. Registration and Exception. – No person shall engage in teaching and/or act as a professional teacher as defined in this Act, whether in the preschool, elementary or secondary level, unless the person is a duly registered professional teacher, and a holder of a valid certificate of registration and a valid professional license or a holder of a valid special/temporary permit.

Upon approval of the application and payment of the prescribed fees, the certificate of registration and professional license as a professional teacher shall be issued without examination as required in this Act to a qualified applicant, who is:

(a) A holder of a certificate of eligibility as a teacher issued by the Civil Service Commission and the Department of Education, Culture and Sports; or

(b) A registered professional teacher with the National Board for Teachers under the Department of Education, Culture and Sports (DECS) pursuant to Presidential Decree No. 1006.

Professional teachers who have not practiced their profession for the past five (5) years shall take at least twelve (12) units of education courses, consisting of at least six (6) units of pedagogy and six (6) units of content courses, or the equivalent training and number of hours, to be chosen from a list of courses to be provided by the Board and the Department of Education, before they can be allowed to practice their profession in the country.

Those who have failed the licensure examination for professional teachers, with a rating of not lower than five percentage points from the passing general average rating, shall be eligible as para-teachers upon issuance by the Board of a two-year special permit, renewable for a non-extendible period of two (2) years. The para-teachers shall be assigned to areas where there is a shortage or absence of a professional teacher, as identified and provided by the Department of Education and the Autonomous Region for Muslim Mindanao (ARMM) education department to the Board for professional teachers and to the Commission. The special permit shall indicate the area of assignment of the para-teacher.

A special permit may also be issued by the Board to a person who has excelled and gained international recognition and is a widely acknowledged expert in his or her respective field of specialization.”

SEC 3. Section 31 of the same Act is hereby amended to read as follows:

“SEC. 31. Transitory Provision. – Special permits, with a validity of three (3) and five (5) years, issued to para-teachers by the Board for Professional Teachers before the effectivity of this Act shall be allowed to expire based on the period granted therein: Provided, That only special permits with a validity of three (3) years may be renewed upon expiration for a non-extendible period of two (2) years.”

SEC 4. References to the term “Department of Education, Culture and Sports”, in section 4 (a) and section 25, and the term “DECS” in section 20, of the same Act, are hereby amended to read as “Department of Education” and “DepEd”, respectively.

SEC 5. Separability Clause. – If, for any reason, any section or provision of this Act or the application of such section or provision to any person or circumstance is declared unconstitutional or invalid, no other section or provision of this Act shall be affected thereby.

SEC 6. Repealing Clause. – All laws, decrees, circulars, administrative orders, rules and regulations, and other issuances which are inconsistent with the provisions of this Act are hereby repealed or modified accordingly.

SEC 7. Effectivity. – This Act shall take effect upon approval.

Approved,

(Sgd.) JOSE DE VENECIA JR.Speaker of the House

of Representatives(Sgd.) FRANKLIN M. DRILON

President of the Senate

This Act, which is a consolidation of Senate Bill No. 2698 and House Bill No. 5411 was finally passed by the Senate and the House of Representatives on February 6, 2004 and February 7, 2004, respectively.

(Sgd.) ROBERTO P. NAZARENOSecretary General

House of Representatives(Sgd.) OSCAR G. YABESSecretary of the Senate

Approved: APR 21 2004

(Sgd.) GLORIA MACAPAGAL-ARROYOPresident of the Philippines

Source: CDAsia

Implementing Rules and Regulations of the Enhanced Basic Education Act of 2013September 4, 2013

IMPLEMENTING RULES AND REGULATIONS

OF THE ENHANCED BASIC EDUCATION ACT OF 2013

(REPUBLIC ACT NO. 10533)

Pursuant to Section 16 of Republic Act No. 10533, entitled “An Act Enhancing the Philippine Basic Education System by Strengthening Its Curriculum and Increasing the Number of Years for Basic Education, Appropriating Funds Therefor and for Other Purposes,” otherwise known as the “Enhanced Basic Education Act of 2013,” approved on May 15, 2013, and which took effect on June 8, 2013, the Department of Education (DepEd), the Commission on Higher Education (CHED), and the Technical Education and Skills Development Authority (TESDA), hereby issue the following rules and regulations to implement the provisions of the Act.

RULE I. GENERAL PROVISIONS

Section 1. Title. These rules and regulations shall be referred to as the Implementing Rules and Regulations (IRR) of the “Enhanced Basic Education Act of 2013” (Republic Act No. 10533).

Section 2. Scope and Application. The provisions of this IRR shall primarily apply to all public and private basic educational institutions and learning centers. This IRR shall also apply to Higher Education Institutions

(HEIs), Technical-Vocational Institutions (TVIs), duly recognized organizations acting as Teacher Education Institutions (TEIs), and foundations.

Section 3. Declaration of Policy. This IRR shall be interpreted in light of the Declaration of Policy found in Section 2 of the Act.

Section 4. Definition of Terms. For purposes of this IRR, the following terms shall mean or be understood as follows:

(a) Act refers to Republic Act No. 10533, entitled “An Act Enhancing the Philippine Basic Education System by Strengthening Its Curriculum and Increasing the Number of Years for Basic Education, Appropriating Funds Therefor and for Other Purposes,” otherwise known as the “Enhanced Basic Education Act of 2013.”

(b) Learning Center refers to a physical space to house learning resources and facilities of a learning program for out-of-school youth and adults. It is a venue for face-to-face learning activities and other learning opportunities for community development and improvement of the people’s quality of life. This may also be referred to as “Community Learning Center”authorized or recognized by the DepEd.

(c) Learner refers to a pupil or student, or to a learner in the alternative learning system.

(d) Mother Language or First Language (L1) refers to the language or languages first learned by a child, which he/she identifies with, is identified as a native language user of by others, which he/she knows best, or uses most. This includes Filipino sign language used by individuals with pertinent disabilities. The regional or native language refers to the traditional speech variety or variety of Filipino sign language existing in a region, area or place.

(e) Non-DepEd Public School refers to a public school offering basic education operated by an agency of the national government other than the DepEd, or by a local government unit.

Section 5. Basic Education. Pursuant to Section 3 of the Act, basic education is intended to meet basic learning needs which provides the foundation on which subsequent learning can be based. It encompasses kindergarten, elementary, and secondary education as well as alternative learning systems for out-of-school learners and those with special needs under Section 8 of this IRR.

Section 6. Enhanced Basic Education Program. For purposes of this IRR and pursuant to Section 4 of the Act, the enhanced basic education program encompasses at least one (1) year of kindergarten education, six (6) years of

elementary education, and six (6) years of secondary education, in that sequence. Secondary education includes four (4) years of junior high school and two (2) years of senior high school education. The enhanced basic education program may likewise be delivered through the alternative learning system.

Kindergarten Education is the first stage of compulsory and mandatory formal education which consists of one (1) year of preparatory education for children at least five (5) years old as a prerequisite for Grade 1.

Elementary Education refers to the second stage of compulsory basic education which is composed of six (6) years. The entrant age to this level is typically six (6) years old.

Secondary Education refers to the third stage of compulsory basic education. It consists of four (4) years of junior high school education and two (2) years of senior high school education. The entrant age to the junior and senior high school levels are typically twelve (12) and sixteen (16) years old, respectively.

The DepEd may allow private educational institutions flexibility in adopting the program provided that they comply with the DepEd-prescribed minimum standards consistent with the Act.

Section 7. Compulsory Basic Education. It shall be compulsory for every parent or guardian or other persons having custody of a child to enroll such child in basic education, irrespective of learning delivery modes and systems, until its completion, as provided for by existing laws, rules and regulations.

Section 8. Inclusiveness of Enhanced Basic Education. In furtherance of Section 3 of the Act, inclusiveness of enhanced basic education shall mean the implementation of programs designed to address the physical, intellectual, psychosocial, and cultural needs of learners, which shall include, but shall not be limited to, the following:

8.1. Programs for the Gifted and Talented. These shall refer to comprehensive programs for the gifted and talented learners in all levels of basic education.

8.2. Programs for Learners with Disabilities. These shall refer to the comprehensive programs designed for learners with disabilities which may be home-, school-, center- or community-based.

8.3. Madrasah Program. This shall refer to the comprehensive program using the Madrasah curriculum prescribed by the DepEd, in coordination with

the Commission on Muslim Filipinos, for Muslim learners in public and private schools.

8.4. Indigenous Peoples (IP) Education Program. This shall refer to the program that supports education initiatives undertaken through formal, non-formal, and informal modalities with emphasis on any of, but not limited to, the key areas of: Indigenous Knowledge Systems and Practices and community history; indigenous languages; Indigenous Learning System (ILS) and community life cycle-based curriculum and assessment; educational goals, aspirations, and competencies specific to the Indigenous Cultural Community (ICC); engagement of elders and other community members in the teaching-learning process, assessment, and management of the initiative, recognition and continuing practice of the community’s ILS; and the rights and responsibilities of ICCs.

8.5. Programs for Learners under Difficult Circumstances. This shall refer to the timely and responsive programs for learners under difficult circumstances, such as, but not limited to: geographic isolation; chronic illness; displacement due to armed conflict, urban resettlement, or disasters; child abuse and child labor practices.

Section 9. Acceleration. Acceleration of learners in public and private basic educational institutions shall be allowed, consistent with DepEd rules and regulations.

RULE II. CURRICULUM

Section 10. Basic Education Curriculum Development. In the development of the Basic Education Curriculum, the DepEd shall be guided by the following:

10.1. Formulation and Design. Pursuant to Section 5 of the Act, the DepEd shall formulate the design and details of the enhanced basic education curriculum. The DepEd shall work with the CHED and TESDA to craft harmonized basic, tertiary, and technical-vocational education curricula for Filipino graduates to be locally and globally competitive.

10.2. Standards and Principles. The DepEd shall adhere to the following standards and principles, when appropriate, in developing the enhanced basic education curriculum:

(a) The curriculum shall be learner-centered, inclusive and developmentally appropriate;

(b) The curriculum shall be relevant, responsive and research-based;

(c) The curriculum shall be gender- and culture-sensitive;

(d) The curriculum shall be contextualized and global;

(e) The curriculum shall use pedagogical approaches that are constructivist, inquiry-based, reflective, collaborative and integrative;

(f) The curriculum shall adhere to the principles and framework of Mother Tongue-Based Multilingual Education (MTB-MLE) which starts from where the learners are and from what they already know proceeding from the known to the unknown; instructional materials and capable teachers to implement the MTB-MLE curriculum shall be available. For this purpose, MTB-MLE refers to formal or non-formal education in which the learner’s mother tongue and additional languages are used in the classroom;

(g) The curriculum shall use the spiral progression approach to ensure mastery of knowledge and skills after each level; and

(h) The curriculum shall be flexible enough to enable and allow schools to localize, indigenize and enhance the same based on their respective educational and social contexts.

10.3. Production and Development of Materials. The production and development of locally produced teaching and learning materials shall be encouraged. The approval of these materials shall be devolved to the regional and division education unit in accordance with national policies and standards.

10.4. Medium of Teaching and Learning. Pursuant to Sections 4 and 5 of the Act, basic education shall be delivered in languages understood by the learners as language plays a strategic role in shaping the formative years of learners.

The curriculum shall develop proficiency in Filipino and English, provided that the first and dominant language of the learners shall serve as the fundamental language of education. For Kindergarten and the first three years of elementary education, instruction, teaching materials, and assessment shall be in the regional or native language of the learners. The DepEd shall formulate a mother language transition program from the mother/first language to the subsequent languages of the curriculum that is appropriate to the language capacity and needs of learners from Grade 4 to Grade 6. Filipino and English shall be gradually introduced as languages of instruction until such time when these two (2) languages can become the primary languages of instruction at the secondary level.

10.5. Stakeholder Participation. To achieve an enhanced and responsive basic education curriculum, the DepEd shall undertake consultations with other national government agencies and other stakeholders including, but not limited to, the Department of Labor and Employment (DOLE), the Professional Regulation Commission (PRC), private and public schools associations, national student organizations, national teacher organizations, parents-teachers associations, chambers of commerce and other industry associations, on matters affecting the concerned stakeholders.

Section 11. Curriculum Consultative Committee. Pursuant to Section 6 of the Act, a Curriculum Consultative Committee shall be created, to be chaired by the DepEd Secretary or his/her duly authorized representative, and with members composed of, but not limited to, a representative each from the CHED, TESDA, DOLE, PRC, the Department of Science and Technology (DOST), and a representative from business chambers such as the Information Technology – Business Process Outsourcing (IT-BPO) industry association. The Consultative Committee shall oversee the review and evaluation of the implementation of the enhanced basic education curriculum and may recommend to the DepEd the formulation of necessary refinements in the curriculum.

RULE III. TEACHER QUALIFICATIONS, TRAINING AND CONTINUING PROFESSIONAL DEVELOPMENT

Section 12. Teacher Education and Training. To ensure that the enhanced basic education program meets the demand for quality teachers and school leaders, the DepEd, CHED, and TESDA shall conduct teacher education and training programs, in collaboration with relevant partners in government, academe, industry, and non-governmental organizations. Such professional development programs shall be initiated, conducted and evaluated regularly throughout the year to ensure constant upgrading of teacher skills. Teacher education and training programs shall include, but shall not be limited to:

12.1. In-service Training on Content and Pedagogy. DepEd teachers who will implement the enhanced basic education curriculum but have not undergone pre-service education that is aligned with the enhanced basic education curriculum shall be trained to meet the content and performance standards of the enhanced basic education curriculum.

The DepEd shall ensure that private educational institutions shall be given the opportunity to avail of such training.

12.2. Training of New Teachers. New graduates of the Teacher Education curriculum not aligned with the enhanced basic education curriculum shall undergo additional training, upon hiring, to upgrade their competencies and

skills to the content and performance standards of the new curriculum. Furthermore, the CHED, in coordination with the DepEd and relevant stakeholders, shall ensure that the Teacher Education curriculum offered in these TEIs will meet the necessary quality standards for new teachers. Duly recognized organizations acting as TEIs, in coordination with the DepEd, CHED, and other relevant stakeholders, shall ensure that the curriculum of these organizations meets the necessary quality standards for trained teachers.

For purposes of this subparagraph, the term “duly recognized organizations acting as TEIs” refers to organizations, other than schools or HEIs, contracted out by the DepEd during the transition and for a fixed period, to provide teacher training for purposes of retooling the graduates of the Teacher Education curriculum, and only in such areas where there is a shortage of trained teachers.

12.3. Training of School Leadership. Superintendents, principals, subject area coordinators, and other instructional school leaders shall likewise undergo workshops and training to enhance their skills on their roles as academic, administrative, and community leaders.

12.4. Training of Alternative Learning System (ALS) Coordinators, Instructional Managers, Mobile Teachers, and Learning Facilitators. ALS coordinators, instructional managers, mobile teachers, and learning facilitators shall likewise undergo workshops and training to enhance their skills on their roles as academic, administrative, and community leaders.

Section 13. Hiring of Other Teachers. Notwithstanding the provisions of Sections 26, 27 and 28 of Republic Act No. 7836, otherwise known as the “Philippine Teachers Professionalization Act of 1994,” the DepEd and private educational institutions shall hire, as may be relevant to the particular subject:

13.1. Graduates of science, mathematics, statistics, engineering, music and other degree courses needed to teach in their specialized subjects in elementary and secondary education with shortages in qualified applicants who have passed the Licensure Examination for Teachers (LET). They shall also include graduates admitted by foundations duly recognized for their expertise in the education sector and who satisfactorily complete the requirements set by these organizations; Provided, That they pass the LET within five (5) years after their date of hiring; Provided, further, That if such graduates are willing to teach in basic education on part-time basis, the provisions of LET shall no longer be required.

The term “foundations,” as used in this section, refers to non-stock, non-profit organizations, which are not operating as educational institutions, contracted out by the DepEd for a fixed period, to provide volunteers to teach in basic education in areas where there is a shortage of qualified teachers. The DepEd shall issue the guidelines and procedures for selection and eligibility of these organizations.

13.2. Graduates of technical-vocational courses to teach in their specialized subjects in the secondary education; Provided,That these graduates possess the necessary certification issued by TESDA; Provided, further, That they undergo appropriate in-service training to be administered by the DepEd or HEIs at the expense of the DepEd. The DepEd shall provide administrative support to private educational institutions for the in-service training of their teachers on the enhanced basic education curriculum.

13.3. Faculty of HEIs to teach in their general education or subject specialties in secondary education; Provided, That the faculty must be a holder of a relevant Bachelor’s degree, and must have satisfactorily served as a full-time HEI faculty;

13.4. The DepEd and private educational institutions may hire practitioners, with expertise in the specialized learning areas offered by the enhanced basic education curriculum, to teach in the secondary level: Provided, That they teach on part-time basis only. For this purpose, the DepEd, in coordination with the appropriate government agencies, shall determine the necessary qualification standards in hiring these experts.

RULE IV. PRIVATE EDUCATIONAL INSTITUTIONS

Section 14. Reasonable Supervision and Regulation. As a matter of policy laid down in Article XIV, Section 5(1) of the 1987 Philippine Constitution, the State recognizes the complementary roles of public and private institutions in the educational system and shall exercise reasonable supervision and regulation of all educational institutions.

Section 15. Issuance and Revocation of Permits and/or Recognition of Private Senior High Schools. The DepEd shall regulate the offering of senior high school in private educational institutions. Private educational institutions may only offer senior high school when so authorized by the DepEd. The DepEd shall prescribe the guidelines on the issuance and revocation of permits and/or recognition of senior high schools.

Section 16. Specializations in Private Senior High School. Private educational institutions may offer specializations in senior high school that are essential to the economic and social development of the nation, region or locality. Local planning in the development of educational policies and

programs shall be encouraged consistent with the State policy to take into account regional and sectoral needs and conditions.

RULE V. CAREER GUIDANCE AND COUNSELING ADVOCACY

Section 17. Career Guidance and Counseling Programs. Consistent with Section 9 of the Act, to properly guide the students towards becoming productive and contributing individuals through informed career choices, the DepEd, in coordination with the DOLE, TESDA, CHED, PRC, NYC, industry associations, professional associations, and other relevant stakeholders, shall pursue programs that expose students to the world and value of work, and develop the capability of career counselors and advocates to guide the students and equip them with the necessary life skills and values.

Section 18. Career Advocacy Activities. Career advocacy activities refer to activities that will guide secondary level students in choosing the career tracks that they intend to pursue. Career advocacy activities involve provision of career information and experiences, advising, coordinating and making referrals, and may include, but are not limited to, career talks, career and job fairs, parents’ orientations, and seminar-workshops on career decision-making.

Section 19. Career Advocates. Notwithstanding the provisions of Section 27 of Republic Act No. 9258, otherwise known as the“Guidance and Counseling Act of 2004,” career advocates shall be allowed to conduct career advocacy activities for secondary-level students of the schools where they are currently employed; Provided, That they undergo appropriate capacity building programs developed and implemented by the DepEd, in coordination with the DOLE, TESDA, CHED, PRC, NYC, student organizations, industry associations, guidance and counseling associations, professional associations, and other relevant stakeholders.

Career advocacy may be conducted by career advocates and peer facilitators. Consistent with Section 9 of the Act, career advocates refer to career and employment guidance counselors who are not registered and licensed guidance counselors. Career advocates include homeroom advisers and teachers of all learning areas who will implement career advocacy activities. Peer facilitators are secondary-level students trained to assist career advocates in implementing career advocacy activities.

Section 20. Role of the DepEd. The DepEd shall:

(a) Integrate career concepts in the curriculum and undertake teaching in relevant learning areas;

(b) Conduct career assessments;

(c) Conduct regular career advocacy activities;

(d) Conduct continuous professionalization and capacity building of guidance counselors, career advocates, and peer facilitators;

(e) Develop or accredit training programs on career advocacy;

(f) Establish a career advocacy unit and provide adequate office space in high schools; and

(g) Designate guidance supervisors at the division level and career advocates at the school level.

RULE VI. E-GASTPE BENEFICIARIES AND OTHER FINANCING ARRANGEMENTS WITH PRIVATE EDUCATIONAL INSTITUTIONS AND

NON-DEPED PUBLIC SCHOOLS

Section 21. Expansion of E-GASTPE Beneficiaries. Pursuant to Section 10 of the Act, the DepEd shall develop programs of assistance that will extend the benefits accorded by Republic Act No. 8545, or the “Expanded Government Assistance for Students and Teachers in Private Education Act,” to qualified students enrolled in senior high school.

Section 22. Criteria for Assistance to Qualified Students. The programs of assistance shall be made available primarily to students who completed junior high school in public schools, taking into account the income background and financial needs of students, available capacities of public, private and non-DepEd public schools in the locality, socio-economic needs of regions, overall performance of private and non-DepEd public schools, as well as geographic spread and size of the student population.

The programs of assistance may also be made available to students who completed junior high school in private educational institutions, whether these students are E-GASTPE beneficiaries or not, subject to compliance with the qualifications and guidelines to be determined by the DepEd.

Section 23. Forms and Amount of Assistance. The forms of assistance that may be provided by the DepEd may include any of the following:

(a) A voucher system, where government issues a coupon directly to students to enable them to enroll in eligible private educational institutions or non-DepEd public schools of their choice under a full or partial tuition or schooling subsidy;

(b) Education Service Contracting (ESC), where the government enters into contracts with private educational institutions or non-DepEd public schools to

shoulder the tuition and other fees of high school students who shall enroll in private high schools under this program;

(c) Management contracts, where government enters into contractual arrangements with private educational institutions or non-DepEd public schools to manage the day-to-day operations of public schools under agreed performance targets;

(d) Forms of assistance provided under Republic Act No. 8545; and

(e) Other forms of financial arrangements consistent with the principles of public-private partnership.

The DepEd shall take into account the ability of program beneficiaries to cover tuition differentials, if any, in setting the amount of the voucher, ESC, or other forms of assistance. The amount of assistance to be given by the government shall not exceed the determined per student cost in public schools.

Section 24. Participating Schools. Private educational institutions, non-DepEd public schools, and other potential providers of basic learning needs that may be authorized to offer senior high school are eligible to participate in programs of assistance, as may be applicable, under the E-GASTPE program and other financial arrangements formulated by the DepEd and DBM based on the principles of public-private partnership. The continued participation of said providers in the E-GASTPE program and other financial arrangements is subject to their meeting minimum requirements and standards, including student performance, as determined by the DepEd.

To promote partnership and greater cooperation between public and private educational institutions, government will take into account existing and potential capacities of private educational institutions in expanding public school capacity.

Section 25. Implementation Mechanisms. The DepEd may enter into contractual arrangements or establish new mechanisms for the design, administration, and supervision of programs of assistance or aspects thereof, subject to the approval of the appropriate government agencies. For this purpose, the DepEd shall:

(a) Issue the appropriate guidelines for the implementation of the programs of assistance;

(b) Ensure transparency and accountability in the implementation of the programs of assistance;

(c) Implement information and advocacy programs to inform the general public and ensure greater participation and availment of the programs of assistance; and

(d) Undertake periodic reviews of the program features and make adjustments, as necessary, to ensure the successful, effective and sustainable implementation of the program. The program features shall include, among others, amount of subsidy, number of grantees, eligibility requirements, and performance of participating schools.

Section 26. Funding Requirement. The budgetary requirement of the programs under this Rule shall be ensured by the national government.

The DepEd shall encourage private and corporate donors to support the programs of assistance in this section under the framework of Republic Act No. 8525, entitled, “An Act Establishing An ‘Adopt-A-School Program,’ Providing Incentives Therefor, And For Other Purposes,” and other relevant laws and policies.

Section 27. Timeframe. The DepEd shall implement the programs provided in this Rule no later than the start of School Year 2016-2017.

Section 28. Additional Beneficiaries. The DepEd may develop similar programs of assistance for kindergarten and elementary pupils and alternative learning system learners in accordance with specific objectives, taking into account the need and capacities of public and private educational institutions.

RULE VII. TRANSITORY PROVISIONS

Section 29. Private Basic Educational Institutions’ Transition to the Enhanced Basic Education Program. The DepEd shall ensure the smooth transition of private elementary and high schools in the country that are not aligned with the enhanced basic education program. Private educational institutions or a group thereof shall develop their plans detailing how to transition from their current basic education system to the enhanced basic education program. The DepEd shall provide the appropriate guidelines on the evaluation of the transition plans.

Private educational institutions offering twelve (12) to thirteen (13) years of basic education prior to the enactment of this Act shall submit to the DepEd their transition plans within twelve (12) months from the effectivity of this IRR, subject to the guidelines that will be issued by the DepEd.

Section 30. Implementation Mechanisms and Strategies. Pursuant to Section 12 of the Act, the DepEd, CHED and TESDA shall formulate the

appropriate strategies and mechanisms needed to ensure smooth transition from the existing ten (10) years basic education cycle to the enhanced basic education program. The strategies may cover, among others, changes in physical infrastructure, human resource, organizational and structural concerns, bridging models linking secondary education competencies and the entry requirements of new tertiary curricula, and partnerships between the government and other entities. Modeling for Senior High School (SHS) may be implemented in selected schools to simulate the transition process and provide concrete data for the transition plan following the guidelines set by the DepEd. The results of the SHS modeling program may be considered in the nationwide implementation of the SHS program in School Year 2016-2017.

30.1. Partnerships with HEIs and TVIs. To manage the initial implementation of the enhanced basic education program and mitigate the expected multi-year low enrolment turnout for HEIs and TVIs starting School Year 2016-2017, the DepEd shall engage in partnerships with HEIs and TVIs for the utilization of the latter’s human and physical resources, and issue relevant guidelines on such partnerships. Moreover, the DepEd, CHED, TESDA, TVIs and HEIs shall coordinate closely with one another to implement strategies that ensure the academic, physical, financial, and human resource capabilities of HEIs and TVIs to provide educational and training services for graduates of the enhanced basic education program to ensure that they are not adversely affected. The faculty of HEIs and TVIs allowed to teach students of secondary education under Section 8 of the Act, shall be given priority in hiring for the duration of the transition period.

30.2. Financing Framework for State Universities and Colleges During the Transition Period. The CHED and DBM shall review the financing policy framework for State Universities and Colleges in light of the Act with the end in view of optimizing the use of government resources for education, the results of which shall be covered by a joint administrative issuance.

30.3. Effects of Initial Implementation of the Enhanced Basic Education Program on Industry Human Resource Requirements. The DOLE, CHED, DepEd, TESDA and PRC, in coordination with industry associations and chambers of commerce, shall develop a contingency plan, not later than the start of School Year 2015-2016, to mitigate the effects of the enhanced basic education program with respect to a potential reduction or absence of college graduates to meet the human resource requirements of industry. The plan shall contain mitigation strategies for industries to adjust their employment policies as deemed necessary and expedient, and may include the adoption of other relevant programs or appropriate qualifications.

Section 31. Labor and Management Rights. In the implementation of the Act, including the transition period, the rights of labor as provided in the Constitution, the Civil Service Rules and Regulations, Labor Code of the Philippines, and existing collective agreements, as well as the prerogatives of management, shall be respected. The DOLE, DepEd, CHED and TESDA shall promulgate the appropriate joint administrative issuance, within sixty (60) days from the effectivity of this IRR, to ensure the sustainability of the private and public educational institutions, and the promotion and protection of the rights, interests and welfare of teaching and non-teaching personnel.

For this purpose, the DOLE shall convene a technical panel with representatives from the DepEd, CHED, TESDA and representatives from both teaching and non-teaching personnel organizations, and administrators of the educational institutions.

Section 32. Transition Period. The transition period shall be reckoned from the date of the approval of this IRR until the end of School Year 2021-2022.

RULE VIII. JOINT CONGRESSIONAL OVERSIGHT COMMITTEE

Section 33. Joint Congressional Oversight Committee on the Enhanced Basic Education Program. The Joint Congressional Oversight Committee created under Section 13 of the Act shall be composed of five (5) members each from the Senate and from the House, including Chairs of the Committees on Education, Arts and Culture, and Finance of both Houses. The membership of the Committee for every House shall have at least two (2) opposition or minority members.

RULE IX. MANDATORY EVALUATION AND REVIEW

Section 34. Mandatory Evaluation and Review. By the end of School Year 2014-2015, the DepEd shall conduct a mandatory review and submit a midterm report to Congress as to the status of implementation of the Enhanced Basic Education Program in terms of closing the following current shortages: (a) teachers; (b) classrooms; (c) textbooks; (d) seats; (e) toilets; (f) other shortages that should be addressed.

The DepEd shall include among others, in this midterm report, the following key metrics of access to and quality of basic education: (a) participation rate; (b) retention rate; (c) National Achievement Test results; (d) completion rate; (e) teachers’ welfare and training profiles; (f) adequacy of funding requirements; and (g) other learning facilities including, but not limited to, computer and science laboratories, libraries and library hubs; and sports, music and arts.

RULE X. COMMITMENT TO INTERNATIONAL BENCHMARKS

Section 35. Commitment to International Benchmarks. The DepEd shall endeavor to increase the per capita spending on education towards the immediate attainment of international benchmarks. Towards this end, the DepEd shall seek to:

a) engage local government units to efficiently use the special education fund and other funds to advance and promote basic education;

b) implement programs that will enhance private sector participation and partnership in basic education; and

c) propose an annual budget allocation in accordance with these goals. The DepEd shall further develop a multi-year spending plan to ensure that the UNESCO-prescribed standards on education spending are attained.

RULE XI. FINAL PROVISIONS

Section 36. Appropriations. Pursuant to Section 11 of the Act, the initial funding for the operationalization of the Enhanced Basic Education Program shall be charged against the current appropriations of the DepEd. Thereafter, such sums which shall be necessary for the continued implementation of the enhanced basic education program shall be included in the annual General Appropriations Act.

Section 37. Implementing Details. The DepEd, CHED and TESDA may issue such policies and guidelines as may be necessary to further implement this IRR.

Section 38. Amendment. Amendments to this IRR shall be jointly promulgated by the DepEd Secretary, CHED Chairperson, and TESDA Director-General.

Section 39. Separability Clause. Should any provision of this IRR be subsequently declared invalid or unconstitutional, the same shall not affect the validity and effectivity of the other provisions.

Section 40. Repealing Clause. Pursuant to Section 18 of the Act, rules and regulations implementing the pertinent provisions ofBatas Pambansa Bilang 232 or the “Education Act of 1982,” Republic Act No. 9155 or the “Governance of Basic Education Act of 2001,” Republic Act No. 9258, Republic Act No. 7836, and all other laws, decrees, executive orders and rules and regulations, contrary to or inconsistent with the provisions of the Act are deemed repealed or modified accordingly.

Section 41. Effectivity Clause. This IRR shall take effect fifteen (15) days after its publication in the Official Gazette or in two (2) newspapers of general circulation.

This IRR shall be registered with the Office of the National Administrative Register at the University of the Philippines Law Center, UP Diliman, Quezon City.

Done this 4th day of September 2013.

(Sgd.) BR. ARMIN A. LUISTRO FSC (Sgd.) DR. PATRICIA B. LICUANANSecretary Chairperson

Department of Education Commission on Higher Education

(Sgd.) SEC. EMMANUEL JOEL J. VILLANUEVA

Director General

Technical Education and Skills Development Authority

 RESOURCES [PDF] IRR Republic Act No. 10533, September 4, 2013

http://www.pcw.gov.ph/law/republic-act-7836

Republic Act 7836

Philippine Teachers Professionalization Act of 1994Files: 

Republic Act 7836

AN ACT TO STRENGTHEN THE REGULATION AND SUPERVISION OF THE PRACTICE OF TEACHING IN THE PHILIPPINES AND PRESCRIBING A LICENSURE EXAMINATION FOR TEACHERS AND FOR OTHER PURPOSES.

SECTION 1. Short Title. — This Act shall be known as the "Philippine Teachers Professionalization Act of 1994."

Sec. 2. Statement of Policy. — The State recognizes the vital role of teachers in nation-building and development through a responsible and literate citizenry.Towards this end, the State shall ensure and promote quality education by proper supervision and regulation of the licensure examination and professionalization of the practice of the teaching profession.cralaw

Sec. 3. Objectives. — This Act has the herein objectives:

    (a) The promotion, development and professionalization of teachers and the teaching profession; and    (b) The supervision and regulation of the licensure examination.

Sec. 4. Definition of Terms. — For purposes of this Act, the following terms shall mean:

    (a) "Teaching" — refers to the profession concerned primarily with classroom instruction, at the elementary and secondary levels in accordance with the curriculum prescribed by the Department of Education, Culture and Sports, whether on part-time or full-time basis in the private or public schools.    (b) "Teachers" — refers to all persons engaged in teaching at the elementary and secondary levels, whether on full-time or part-time basis, including industrial arts or vocational teachers and all other persons performing supervisory and/or administrative functions in all schools in the aforesaid levels and qualified to practice teaching under this Act.   (c) "Board" — refers to the Board for Professional Teachers duly established and constituted under this Act.   (d) "Commission" — refers to the Professional Regulation Commission.

ARTICLE II BOARD FOR PROFESSIONAL TEACHERSSec. 5. Creation and Composition of the Board. — There is hereby created under this Act a Board for Professional Teachers, hereinafter called the Board, a collegial body under the general supervision and administrative control of the Professional Regulation Commission, hereinafter referred to as the Commission, composed of five (5) members who shall be appointed by the President of the Philippines from among the recommendees chosen by the Commission.The recommendees shall be chosen from the list of nominees

selected by the accredited association of teachers, who duly possess all the qualifications prescribed in Section 8 of this Act.

The chairman and the voice-chairman of the Board shall be appointed from these five (5) members by the President: Provided, That the members of the first Board appointed under this Act shall be automatically registered as professional teachers and issued with the certificate of registration and professional license upon payment of the fees for examination, registration, and other fees prescribed by the Commission.

Sec. 6. Duties and Function of the Board. — The Board shall have the following duties and functions:

    (a) Promulgate, administer and enforce rules and regulations necessary for carrying out the provisions of this Act in accordance with the charter of the Professional Regulation Commission;     (b) Determine and fix the frequency, dates, and places of examination, appoint supervisors, proctors, and other personnel as needed who shall be entitled to a daily allowance to be fixed by the Board for every examination day actually attended, use buildings and facilities of public or private schools for examination purposes;    (c) Issue, suspend, or revoke the certificate of registration for the practice of the teaching profession;    (d) Prescribe and collect examination and other fees as it may deem proper;    (e) Prescribe and/or adopt a code of ethical and professional standards for the practice of the teaching profession.Such ethical standards, rules and regulations to take effect sixty (60) days after its publication in the Official Gazette or in any newspaper of general circulation;    (f) Administer oaths in connection with the administration of this Act;   (g) Supervise and regulate the registration, licensure and practice of professional teachers in the Philippines;    (h) Adopt an official seal of the Board;cralaw    (i) Look into the conditions affecting the practice of the teaching profession and whenever necessary, adopt such measures as may be deemed proper for the enhancement and maintenance of high professional and ethical standards of the profession;    (j) Ensure that all educational institutions offering elementary and secondary education comply with the essential requirements for curricula, faculty and facilities for the elementary and secondary levels;    (k) Investigate such violations of this Act, the rules and the code of ethical and professional standards for professional teachers as it may come to the knowledge of the

Board, and for this purpose, to issue subpoena and subpoena duces tecum to secure the appearance of witnesses and the production of documents in connection therewith; and    (l) Discharge such other powers, duties and functions as the Board may deem necessary for the practice of the teaching profession and the upgrading, enhancement, development and growth of education in the Philippines.

Sec. 7. Term of Office. — The members of the Board shall hold office for a term of three (3) years from the date they assume office: Provided, That the first appointees to the Board under this Act shall hold office according to the following terms: one (1) member shall serve for one (1) year; one (1) member for two (2) years; the chairman, vice-chairman, and one (1) member for three (3) years. Vacancies shall be served for the unexpired term only. No person who has served for two (2) consecutive terms shall be eligible for reappointment.Appointment to fill an unexpired term shall be considered an appointment to a complete term.The chairman or any member shall take his oath of office prior to the performance of his duties.

Sec. 8. Qualification of Board Members. — Each Board member must at the time of his appointment:

    (a) Be a citizen and resident of the Philippines;    (b) Be at least thirty-five (35) years of age, of proven integrity, and possessed of high moral values in his personal as well as professional conduct and has not been convicted of any offense involving moral turpitude;    (c) Be a holder of the degree of Bachelor of Arts or Bachelor of Science in Education and preferably a holder of a master's or doctorate degree in education, or their equivalents, from a university, school, college, academy or institute duly constituted, recognized and/or accredited by the Philippine government;    (d) Be a professional teacher with a valid certificate of registration and valid professional license, save those members who shall compose the first Board for Professional Teachers;    (e) Has been a professional teacher in the active practice of the teaching profession for at least ten (10) years in the elementary and secondary level; and    (f) Not be an official or member of the faculty of, nor have pecuniary interest in any university, college, school, or institution conferring a bachelor's degree in education or its equivalents for at least three (3) years prior to his appointment, and neither connected with a review center or with any group or association where review classes or lectures in preparation for the licensure examination are offered or conducted.

Provided, however,That, the membership to the Board shall be evenly distributed to cover all levels of education, including equitable representation of the different fields of specialization.   Sec. 9. Compensation of the Board. — The chairman, vice-chairman, and members of the Board shall receive compensation comparable to the compensation received by existing regulatory boards under the Professional Regulation Commission, computed on the basis of the number of examinees/candidates.

Sec. 10. Supervision of the Board and Custodian of its Records. — The Board shall be under the supervision and control of the Commission. All records, including applications for examination, examination papers and results, minutes of deliberation, administrative cases and investigative cases and investigations involving professional teachers shall be kept by the Commission.

Sec. 11. Secretariat and Support Services. — The Professional Regulation Commission, through its chairman, shall provide the secretariat and other support services to implement effectively the provisions of this Act.cralaw

Sec. 12. Removal of a Board Member. — The chairman or any member of the Board may be removed by the President of the Philippines upon recommendation of the Commission for neglect of duty, incompetence, unprofessional, unethical, immoral or dishonorable conduct, commission or toleration of irregularities in the examination, after having been given the opportunity to defend himself in a proper administrative investigation.

In the course of investigation, the President may preventively suspend the respondent.

ARTICLE III EXAMINATION AND REGISTRATIONSec. 13. Examination, Registration and License Required. — Except as otherwise specifically allowed under the provisions of this Act, all applicants for registration as professional teachers shall be required to undergo a written examination which shall be given at least once a year in such places and dates as the Board may determine upon approval by the Commission. A valid certificate of registration and a valid professional license from the Commission are required before any person is allowed to practice as a professional teacher in the Philippines, except as otherwise allowed under this Act.Sec. 14. Scope of Examination. — The examinations for the elementary and secondary school teachers shall be separate. The examination for teachers in the elementary level shall consist of two (2) parts, namely: professional education and general education. The

examination for teachers in the secondary level shall consist of three (3) parts, namely: professional education, general education, and field of specialization.

Sec. 15. Qualification Requirements of Applicants. — No applicant shall be admitted to take the examination unless, on the date of filing of the application, he shall have complied with the following requirements:

    (a) A citizen of the Philippines or an alien whose country has reciprocity with the Philippines in the practice of the teaching profession;    (b) At least eighteen (18) years of age;    (c) In good health and of good reputation with high moral values;    (d) Has not been convicted by final judgment by a court for an offense involving moral turpitude;    (e) A graduate of a school, college or university recognized by the government and possesses the minimum educational qualifications, as follows:

        (1) For teachers in preschool, a bachelor's degree in early childhood education (BECED) or its equivalent;        (2) For teachers in the elementary grades, a bachelor's degree in elementary education (BSEED) or its equivalent;        (3) For teachers in the secondary grades, a bachelor's degree in education or its equivalent with a major and minor, or a bachelor's degree in arts and sciences with at least ten (10) units in professional education; and        (4) For teachers of vocational and two-year technical courses, a bachelor's degree in the field of specialization or its equivalent, with at least eighteen (18) units in professional education.

Sec. 16. Report of the Results of the Examination. — The Board shall, within one hundred twenty (120) days after the examination, report the ratings obtained by each candidate to the Professional Regulation Commission for approval and appropriate action.   Sec. 17. Issuance of Certificate of Registration and Professional License. — The registration of a professional teacher commences from the date his name is enrolled in the roster of professional teachers.

Every registrant who has satisfactorily met all the requirements specified in this Act shall, upon payment of the registration fee, be issued a certificate of registration as a professional teacher bearing the full name of the registrant with serial number and date of issuance

signed by the chairman of the Commission and the chairman, vice-chairman, and members of the Board, stamped with the official seal, as evidence that the person named therein is entitled to practice the profession with all the rights and privileges appurtenant thereto. The certificate shall remain in full force and effect until withdrawn, suspended and/or revoked in accordance with law.cralaw

A professional license signed by the chairman of the Commission and bearing the registration number and date of issuance thereof and the month of expiry or renewability shall likewise be issued to every registrant who has paid the annual registration fees for three (3) consecutive years. This license shall serve as evidence that the licensee can lawfully practice his profession until the expiration of its validity.

Sec. 18. Oath Before Practice. — Every registrant shall be required to take his professional oath before practicing as a professional teacher.

Sec. 19. Periodic Merit Examination of Teachers. — To encourage continuing professional growth and development and to provide additional basis for merit promotion, in addition to their performance rating, teachers may take an oral and written examination at least once in five (5) years as basis for merit promotion. In taking this examination, no fee shall be required.

Sec. 20. Failure to Pass the Merit Examination. — If a teacher fails to pass the merit examination, he or she shall be allowed to take the examination for a second time. Should he or she fail to pass the merit examination for the second time, then he or she shall be required to take a DECS accredited refresher course or program before being allowed to retake the examination.

Failure of any permanent teacher to pass the merit examination shall not, however, be used as a ground for his/her dismissal or demotion.

Sec. 21. Incentives. — Teachers who pass the merit examination shall:

    (a) Be awarded a diploma of merit by the Board;    (b) Earn merit points for purposes of promotion in salary or to a higher position or grade level;    (c) Be placed in the priority list for government scholarship; and    (d) Enjoy such other benefits as may be promulgated by the Board.

Similar incentives shall be given to teachers who make inventions, develop new methods of teaching, write a book or books and create works of artistic merit.   Sec. 22. Integration of the Teaching Profession. — The teaching profession shall be integrated into one national organization which shall be recognized by the Board and the Commission as the one and only integrated and accredited association of professional teachers. Upon registration with the Board, every professional teacher shall be encouraged to become a member of the integrated national organization. Those who have been registered with the Board but are not members of the said integrated organization shall be allowed to register as members of the said integrated organization within three (3) years after the effectivity of this Act. Membership in the integrated organization shall not be a bar to membership in other associations of the teaching profession. The professional teachers shall receive the benefits and privileges appurtenant to their membership in the said integrated and accredited organization of professional teachers only upon payment of the required membership fees and dues.

Sec. 23. Revocation of the Certificate of Registration, Suspension from the Practice of the Teaching Profession, and Cancellation of Temporary or Special Permit. — The Board shall have the power, after due notice and hearing, to suspend or revoke the certificate of registration of any registrant, to reprimand or to cancel the temporary/special permit of a holder thereof who is exempt from registration, for any of the following causes:

    (a) Conviction for any criminal offense by a court of competent jurisdiction;    (b) Immoral, unprofessional or dishonorable conduct;    (c) Declaration by a court of competent jurisdiction for being mentally unsound or insane;    (d) Malpractice, gross incompetence, gross negligence or serious ignorance of the practice of the teaching profession;    (e) The use of or perpetration of any fraud or deceit in obtaining a certificate of registration, professional license or special/temporary permit;    (f) Chronic inebriety or habitual use of drugs;cralaw    (g) Violation of any of the provisions of this Act, the rules and regulations and other policies of the Board and the Commission, and the code of ethical and professional standards for professional teachers; and    (h) Unjustified or willful failure to attend seminars, workshops, conferences and the like or the continuing education program prescribed by the Board and the Commission.

The decision of the Board to revoke or suspend a certificate may be appealed to the regional trial court of the place where the Board holds office within fifteen (15) days from receipt of the said decision or of the denial of the motion for reconsideration filed in due time.   Sec. 24. Registration by Reciprocity. — No teacher of a foreign nationality shall be admitted to the examination, or be given a certificate of registration or be entitled to any of the rights and privileges provided under this Act; unless the country or state of which he is a subject permits Filipino professional teachers to practice within its territorial limits on the same basis as subjects or citizens of said country or state: Provided, that the requirements of certification of teachers with said foreign state or country are substantially the same as those required and contemplated under this Act: Provided, further, That the laws of such state or country grant the same privilege to Filipino professional teachers on the same basis as the subject or citizens of such foreign country or state.

Sec. 25. Roster of Professional Teachers. — A roster of professional teachers containing the names and addresses of professional teachers, date of registration or issuance of certificate, and other data which in the opinion of the Board may appear pertinent shall be maintained. Copies of the roster shall be provided by the Commission to the Board, the Department of Education, Culture and Sports, and the integrated and accredited organization of professional teachers.

Sec. 26. Registration and Exception. — Two (2) years after the effectivity of this Act, no person shall engage in teaching and/or act as a professional teacher as defined in this Act, whether in the preschool, elementary or secondary level, unless he is a duly registered professional teacher, and a holder of a valid certificate of registration and a valid professional license or a holder of a valid special/temporary permit.

Upon approval of the application and payment of the prescribed fees, the certificate of registration and professional license as a professional teacher shall be issued without examination as required in this Act to a qualified applicant, who at the time of the approval of this Act, is:

    (a) A holder of a certificate of eligibility as a teacher issued by the Civil Service Commission and the Department of Education, Culture and Sports; orcralaw    (b) A registered professional teacher with the National Board for Teachers under the Department of Education, Culture and Sports (DECS) pursuant to Presidential Decree No. 1006; or

    (c) Not qualified under paragraphs one and two but with any of the following qualifications. to wit:

        (1) An elementary or secondary teacher for five (5) years in good standing and a holder of Bachelor of Science in Education or its equivalent; or        (2) An elementary or secondary teacher for three (3) years in good standing and a holder of a master's degree in education or its equivalent.

Provided, That they shall be given two (2) years from the organization of the Board for professional teachers within which to register and be included in the roster of professional teachers: Provided, further, That those incumbent teachers who are not qualified to register without examination under this Act or who, albeit qualified, were unable to register within the two-year period shall be issued a five-year temporary or special permit from the time the Board is organized within which to register after passing the examination and complying with the requirements provided this Act and be included in the roster of professional teachers: Provided, furthermore, That those who have failed the licensure examination for professional teachers shall be eligible as para-teachers and as such, shall be issued by the Board a special or temporary permit, and shall be assigned by the Department of Education, Culture and Sports (DECS) to schools as it may determine under the circumstances.

ARTICLE IV PROVISIONS RELATIVE TO THE PRACTICE OF THE TEACHING PROFESSIONSec. 27. Inhibition Against the Practice of the Teaching Profession. — Except as otherwise allowed under this Act, no person shall practice or offer to practice the teaching profession in the Philippines or be appointed as teacher to any position calling for a teaching position without having previously obtained a valid certificate of registration and a valid professional license from the Commission.

Sec. 28. Penal Provisions. — The following shall be punishable by a fine of not less than Five thousand pesos (P5,000.00) nor more than Twenty thousand pesos (P20,000.00) or imprisonment of nor less than six (6) months nor more than five (5) years, or both, at the discretion of the court:cralaw

    (a) Any person who practices the teaching profession in the Philippines without being certified in accordance with the provisions of this Act;    (b) Any person who represents or attempts to use as his own certificate of registration that of another;    (c) Any person who gives any false, or fraudulent evidence of any kind to the Board or any

member thereof in obtaining a certificate of registration as teacher;    (d) Any person who impersonates any registrant of the same or different name;    (e) Any person who uses a revoked or suspended certificate of registration;    (f) Any person who, in connection with his name, otherwise assumes, uses or advertises any title or description tending to convey or conveys the impression that he is a teacher without holding a valid certificate; and    (g) Any person who violates or who abets the violation of any of the provisions of this Act.

The penalty of fine or imprisonment or both, as provided in this section, shall also apply to any school official who shall cause or be responsible for the commission of any of the above-enumerated acts.   Sec. 29. Appropriations. — Such sums as may be necessary to carry out the provisions of this Act shall be included in the 1996 General Appropriations Act and thereafter.

Sec. 30. Implementing Guidelines. — The Board shall formulate and adopt the necessary guidelines for the effective implementation of the provisions of this Act within sixty (60) days of its approval.cralaw

The Board shall submit to both Committees on Education, Arts, and Culture; and the Committees on Civil Service and Professional Regulation of the Senate and House of Representatives, copies of the implementing rules and guidelines within thirty (30) days after its promulgation.

Any violation of this section shall render the official/s concerned liable under Republic Act No. 6713, otherwise known as the "Code of Conduct and Ethical Standards for Public Officials and Employees" and other pertinent administrative and/or penal laws.

Sec. 31. Transitory Provision. — All incumbent teachers in both the public and private sector not otherwise certified as professional teachers by virtue of this Act, shall be given (5) years temporary certificates from the time the Board for Professional Teachers is organized within which to qualify as required by this Act and be included in the roster of professionals.

Provided, however, That the Professional Board Examination for Teachers (PBET) shall still be administered by the Civil Service Commission and the Department of Education, Culture and Sports for the year 1995.cralaw

Sec. 32. Separability Clause. — If, for any reason, any section or provision of this Act or the application of such section or provision to any person or circumstance is declared unconstitutional or invalid, no other section or provision of this Act shall be affected thereby.

Sec. 33. Repealing Clause. — All laws, presidential decrees, executive orders, rules and regulations or parts thereof inconsistent with the provisions of this Act are hereby repealed or modified accordingly.

Sec. 34. Effectivity Clause. — This Act shall take effect after fifteen (15) days following its complete publication in the Official Gazette or in two (2) newspapers of general circulation.

Signed: December 16, 1994