CODE OF ETHICS FOR PROFESSIONAL TEACHERS

• RESOLUTION NO. 45 SERIES OF 1997

– Pursuant to the provisions of Paragraph Є, Article II, of R.A. No. 7836, otherwise known as the
“Philippine Teachers Professionalization Act of 1994” Paragraph (a), Section 6, P.D. No. 223, as
amended, the Board for Professional Teachers hereby adopts and promulgates the following
“Code of Ethics for Professional Teachers”.
• PREAMBLE
– Teachers are duly licensed professionals who possess dignity and reputation with high moral
values as well as technical and professional competence in the practice of their noble profession,
and they strictly adhere to, observe, and practice this set of ethical and moral principles,
standards, and values.
• ARTICLE I (SCOPE AND LIMITATIONS)
– Section 1. The Philippine Constitution provides that all educational institution shall offer quality
education for all competent teachers. Committed to its full realization, the provision of this Code
shall apply, therefore, to all teachers in schools in the Philippines.
– Section 2. This Code covers all public and private school teachers in all educational institutions
at the preschool, primary, elementary, and secondary levels whether academic, vocational,
special, technical, or non-formal. The term “teacher” shall include industrial arts or vocational
teachers and all other persons performing supervisory and/or administrative functions in all
school at the aforesaid levels, whether on full time or part time basis.
• ARTICLE II (THE TEACHER AND THE STATE)
– Section 1. The schools are the nurseries of the future citizens of the state; each teacher is a
trustee of the cultural and educational heritage of the nation and is under obligation to transmit
to learners such heritage as well as to elevate national morality, promote national pride,
cultivate love of country, instill allegiance to the constitution and for duly constituted
authorities, and promote obedience to the laws of the state.
– Section 2. Every teacher or school official shall actively help carry out the declared policies of the
state, and shall take an oath to this effect.
– Section 3. In the interest of the State and of the Filipino people as much as of his own, every
teacher shall be physically, mentally and morally fit.
– Section 4. Every teacher shall possess and actualize a full commitment and devotion to duty.
– Section 5. A teacher shall not engage in the promotion of any political, religious, or other partisan
interest, and shall not, directly or indirectly, solicit, require, collect, or receive any money or
service or other valuable material from any person or entity for such purposes.
– Section 6. Every teacher shall vote and shall exercise all other constitutional rights and
responsibility.
– Section 7. A teacher shall not use his position or official authority or influence to coerce any
other person to follow any political course of action.
– Section 8. Every teacher shall enjoy academic freedom and shall have privilege of expounding
the product of his researches and investigations; provided that, if the results are inimical to the
declared policies of the State, they shall be brought to the proper authorities for appropriate
remedial action.
• ARTICLE III (THE TEACHER AND THE COMMUNITY
– Section 1. A teacher is a facilitator of learning and of the development of the youth; he shall
therefore, render the best service by providing an environment conducive to such learning and
growth.
– Section 2. Every teacher shall provide leadership and initiative to actively participate in
community movements for moral, social, educational, economic and civic betterment.
– Section 3. Every teacher shall merit reasonable social recognition for which purpose he shall
behave with honor and dignity at all times and refrain from such activities as gambling, smoking,
drunkenness, other excesses, much less illicit relations.
– Section 4. Every teacher shall live for and with the community and shall, therefore, study and
understand local customs and traditions in order to have sympathetic attitude, therefore, refrain
from disparaging the community.
 – Section 5. Every teacher shall help the school keep the people in the community informed about
the school’s work and accomplishments as well as its needs and problems.
– Section 6. Every teacher is intellectual leader in the community, especially in the barangay, and
shall welcome the opportunity to provide such leadership when needed, to extend counseling
services, as appropriate, and to actively be involved in matters affecting the welfare of the
people.
– Section 7. Every teacher shall maintain harmonious and pleasant personal and official relations
with other professionals, with government officials, and with the people, individually or
collectively.
– Section 8. A teacher possesses freedom to attend church and worship as appropriate, but shall
not use his positions and influence to proselyte others.
• ARTICLE IV (THE TEACHER AND THE PROFESSION)
– Section 1. Every teacher shall actively insure that teaching is the noblest profession, and shall
manifest genuine enthusiasm and pride in teaching as a noble calling.
– Section 2. Every teacher shall uphold the highest possible standards of quality education, shall
make the best preparations for the career teaching, and shall be at his best at all times and in the
practice of his profession.
– Section 3. Every teacher shall participate in the Continuing Professional Education (CPE)
program of the Professional Regulation Commission, and shall pursue such other studies as will
improve his efficiency, enhance the prestige of the profession, and strengthen his competence,
virtues, and productivity in order to be nationally and internationally competitive.
– Section 4. Every teacher shall help, if duly authorized, to seek support from the school, but shall
not make improper misrepresentations through personal advertisements and other
questionable means.
– Section 5. Every teacher shall use the teaching profession in a manner that makes it dignified
means for earning a decent living.
• ARTICLE V (THE TEACHER AND THE TEACHING COMMUNITY)
– Section 1. Teachers shall, at all times, be imbued with the spirit of professional loyalty, mutual
confidence, and faith in one another, self-sacrifice for the common good, and full cooperation
with colleagues. When the best interest of the learners, the school, or the profession is at stake in
any controversy, teachers shall support one another.
– Section 2. A teacher is not entitled to claim credit or work not of his own, and shall give due
credit for the work of others which he may use.
– Section 3. Before leaving his position, a teacher shall organize for whoever assumes the position
such records and other data as are necessary to carry on the work.
– Section 4. A teacher shall hold inviolate all confidential information concerning associates and
the school, and shall not divulge to anyone documents which has not been officially released, or
remove records from files without permission.
– Section 5. It shall be the responsibility of every teacher to seek correctives for what may appear
to be an unprofessional and unethical conduct of any associate. However, this may be done only
if there is incontrovertible evidence for such conduct.
– Section 6. A teacher may submit to the proper authorities any justifiable criticism against an
associate, preferably in writing, without violating the right of the individual concerned.
• ARTIVLE VI (THE TEACHER AND THE HIGHER AUTHORITIES IN THE PHILIPPINES)
– Section 1. Every teacher shall make it his duty to make an honest effort to understand and
support the legitimate policies of the school and the administration regardless of personal
feeling or private opinion and shall faithfully carry them out.
– Section 2. A teacher shall not make any false accusations or charges against superiors, especially
under anonymity. However, if there are valid charges, he should present such under oath to
competent authority.
– Section 3. A teacher shall transact all official business through channels except when special
conditions warrant a different procedure, such as when special conditions are advocated but are
opposed by immediate superiors, in which case, the teacher shall appeal directly to the
appropriate higher authority.
– Section 4. Every teacher, individually or as part of a group, has a right to seek redress against
injustice to the administration and to the extent possible, shall raise grievances within
acceptable democratic process. In doing so, they shall avoid jeopardizing the interest and the
welfare of learners whose right to learn must be respected.
 – Section 5. Every teacher has a right to invoke the principle that appointments, promotions, and
transfer of teachers are made only on the basis of merit and need in the interest of the service.
– Section 6. A teacher who accepts a position assumes a contractual obligation to live up to his
contract, assuming full knowledge of employment terms and conditions.
• ARTICLE VII (SCHOOL OFFICIALS, TEACHERS AND OTHER PERSONNEL)
– Section 1. All school officials shall at all times show professional courtesy, helpfulness and
sympathy towards teachers and other personnel, such practices being standards of effective
school supervision, dignified administration, responsible leadership and enlightened directions.
– Section 2. School officials, teachers, and other school personnel shall consider it their
cooperative responsibility to formulate policies or introduce important changes in the system at
all levels.
– Section 3. School officials shall encourage and attend the professional growth of all teachers
under them such as recommending them for promotion, giving them due recognition for
meritorious performance, and allowing them to participate in conferences and training
programs.
– Section 4. No school officials shall dismiss or recommend for dismissal of a teacher or other
subordinates except for cause.
– Section 5. School authorities concern shall ensure that public school teachers are employed in
accordance with pertinent civil service rules, and private school teachers are issued contracts
specifying the terms and conditions of their work; provided that they are given, if qualified,
subsequent permanent tenure, in accordance with existing laws and provided further that they
duly registered and licensed professional teachers.
• ARTICLE VIII (THE TEACHER AND LEARNERS)
– Section 1. A teacher has the right and duty to determine the academic marks and the promotions
of learners in the subjects or grades he handles, provided that such determination shall be in
accordance with generally accepted procedures of evaluation and measurement. In any case of
complaint, teachers concerned shall immediately take appropriate actions, observing due
process.
– Section 2. A teacher shall recognize that the interest and welfare of learners are his first and
foremost concern, and shall handle each learner justly and impartially.
– Section 3. Under no circumstance shall a teacher be prejudiced or discriminate against a learner.
– Section 4. A teacher shall not accept favors or gifts from learners, their parents or others in their
behalf in exchange for requested concessions, especially if undeserved.
– Section 5. A teacher shall not accept, directly or indirectly, any remuneration from tutorials other
than what is authorized for such service.
– Section 6. A teacher shall base the evaluation of the learner’s work only in merit and quality of
academic performance.
– Section 7. In a situation where mutual attraction and subsequent love develop between teacher
and learner, the teacher shall exercise utmost professional discretion to avoid scandal, gossip
and preferential treatment of the learner.
– Section 8. A teacher shall not inflict corporal punishment on offending learners nor make
deductions from their scholastic ratings as a punishment for acts which are clearly not
manifestations of poor scholarship.
– Section 9. A teacher shall ensure that conditions contribute to the maximum development of
learners are adequate, and shall extend needed assistance in preventing or solving learner’s
problems and difficulties.
• ARTICLE IX (THE TEACHER AND PARENTS)
– Section 1. Every teacher shall establish and maintain cordial relations with parents, and shall
conduct himself to merit their confidence and respect.
– Section 2. Every teacher shall inform parents, through proper authorities, of the progress and
deficiency of learners under him, exercising utmost candor and tact in pointing out the learners’
deficiencies and in seeking parent’s cooperation for the proper guidance and improvement of
learners.
– Section 3. A teacher shall hear parent’s complaints with sympathy and understanding, and shall
discourage unfair criticism.
• ARTICLE X (THE TEACHER AND BUSINESS)
– Section 1. A teacher has the right to engage, directly or indirectly, in legitimate income
generation; provided that it does not relate to or adversely affect his work as a teacher.
 – Section 2. A teacher shall maintain a good reputation with respect to the financial matters such
as the settlement of his doubts and loans in arranging satisfactorily his private financial affairs.
– Section 3. No teacher shall act, directly or indirectly, as agent of, or be financially interested in,
any commercial venture which furnish textbooks and other school commodities in the purchase
and disposal of which he can exercise official influence, except only when his assignment is
inherently, related to such purchase and disposal; provided that they shall be in accordance with
the existing regulations; provided, further, that members of duly recognized teachers’
cooperatives may participate in the distribution and sale of such commodities.
• ARTICLE XI (THE TEACHER AS A PERSON)
– Section 1. A teacher is, above all, a human being endowed with life for which it is the highest
obligation to live with dignity at all times whether in school, in the home, or elsewhere.
– Section 2. A teacher shall place premium upon self-discipline as the primary principle of
personal behavior in all relationships with others and in all situations.
– Section 3. A teacher shall maintain at all times a dignified personality which could serve as a
model worthy of emulation by learners, peers and all others.
– Section 4. A teacher shall always recognize the Almighty God as guide of his own destiny and of
the destinies of men and nations.
• ARTICLE XII (DISCIPLINARY ACTIONS)
– Section 1. Any violation of any provision of this Code shall be sufficient ground for the imposition
against the erring teacher of the disciplinary action consisting of revocation of his Certificate of
Registration and License as a Professional Teacher, suspension from permit under causes
specified in Sec. 23, Article III or R.A. No. 7836, and under Rule 31. Article VIII, of the Rules and
Regulations Implementing R.A. 7836.
• ARTICLE XIII (EFFECTIVITY)
– Section 1. This Code shall take effect upon approval by the Professional Regulation Commission
and shall take effect after sixty (60) days following its publication in the official Gazette or any
newspaper of general circulation, whichever is earlier.

REFLECT ON THE FOLLOWING QUESTIONS:

1. Who are covered by the Code of Ethics?
2. Why should teachers be physically, mentally, and morally fit?
3. As a facilitator of learning, what is your responsibility to the students?
4. What practices manifest honorable and dignified behavior?
5. Why do you need to study about the community you are assigned to?
6. How could you show that you belong to the noblest profession?
7. You have the right to seek redress against injustice to the admin, how are you going to do that?
8. What is your obligation as a contractual teacher?
9. What should be the teacher’s attitude towards gifts?
10. How can you establish cordial relationship with parents?

MAGNA CARTA FOR PUBLIC SCHOOL TEACHERS

(REPUBLIC ACT NO. 4670 June 18, 1966)

I. DECLARATION OF POLICY
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.

Approved: June 18, 1966

THE FAMILY CODE OF THE PHILIPPINES

EXECUTIVE ORDER NO. 209

• Title I – Marriage

• Title II – Legal Separation

• Title III – Rights and Obligations between Husband and Wife

• Title IV – Property Relations between Husband and Wife

• Title V – The Family

• Title VI - Paternity and Filiation

• Title VII – Adoption

• Title VIII – Support

• Title IX – Parental Authority

• Title X – Emancipation and Age of Majority

• Title XI – Summary Judicial Proceedings in the Family Law

• Title XII – Final Provisions

TITLE V: THE FAMILY

Chapter 1. The Family as an Institution

Art. 149. The family, being the foundation of the nation, is a basic social institution which public policy
cherishes and protects. Consequently, family relations are governed by law and no custom, practice or
agreement destructive of the family shall be recognized or given effect. (216a, 218a)

Art. 150. Family relations include those:

(1) Between husband and wife;

(2) Between parents and children;

(3) Among brothers and sisters, whether of the full or half-blood. (217a)

Art. 151. No suit between members of the same family shall prosper unless it should appear from the
verified complaint or petition that earnest efforts toward a compromise have been made, but that the
same have failed. If it is shown that no such efforts were in fact made, the same case must be dismissed.

This rules shall not apply to cases which may not be the subject of compromise under the Civil Code.
(222a)

Chapter 2. The Family Home

Art. 152. The family home, constituted jointly by the husband and the wife or by an unmarried head of a
family, is the dwelling house where they and their family reside, and the land on which it is situated.
(223a)

Art. 153. The family home is deemed constituted on a house and lot from the time it is occupied as a
family residence. From the time of its constitution and so long as any of its beneficiaries actually resides
therein, the family home continues to be such and is exempt from execution, forced sale or attachment
except as hereinafter provided and to the extent of the value allowed by law. (223a)

Art. 154. The beneficiaries of a family home are:

(1) The husband and wife, or an unmarried person who is the head of a family; and

(2) Their parents, ascendants, descendants, brothers and sisters, whether the relationship be legitimate or
illegitimate, who are living in the family home and who depend upon the head of the family for legal
support. (226a)

Art. 155. The family home shall be exempt from execution, forced sale or attachment except:

(1) For nonpayment of taxes;

(2) For debts incurred prior to the constitution of the family home;

(3) For debts secured by mortgages on the premises before or after such constitution; and

(4) For debts due to laborers, mechanics, architects, builders, materialmen and others who have rendered
service or furnished material for the construction of the building. (243a)

Art. 156. The family home must be part of the properties of the absolute community or the conjugal
partnership, or of the exclusive properties of either spouse with the latter's consent. It may also be
constituted by an unmarried head of a family on his or her own property.

Nevertheless, property that is the subject of a conditional sale on installments where ownership is
reserved by the vendor only to guarantee payment of the purchase price may be constituted as a family
home. (227a, 228a)

Art. 157. The actual value of the family home shall not exceed, at the time of its constitution, the amount
of the three hundred thousand pesos in urban areas, and two hundred thousand pesos in rural areas, or
such amounts as may hereafter be fixed by law.

In any event, if the value of the currency changes after the adoption of this Code, the value most
favorable for the constitution of a family home shall be the basis of evaluation.

For purposes of this Article, urban areas are deemed to include chartered cities and municipalities
whose annual income at least equals that legally required for chartered cities. All others are deemed to
be rural areas. (231a)

Art. 158. The family home may be sold, alienated, donated, assigned or encumbered by the owner or
owners thereof with the written consent of the person constituting the same, the latter's spouse, and a
majority of the beneficiaries of legal age. In case of conflict, the court shall decide. (235a)
 Art. 159. The family home shall continue despite the death of one or both spouses or of the unmarried
head of the family for a period of ten years or for as long as there is a minor beneficiary, and the heirs
cannot partition the same unless the court finds compelling reasons therefor. This rule shall apply
regardless of whoever owns the property or constituted the family home. (238a)

Art. 160. When a creditor whose claims is not among those mentioned in Article 155 obtains a judgment
in his favor, and he has reasonable grounds to believe that the family home is actually worth more than
the maximum amount fixed in Article 157, he may apply to the court which rendered the judgment for
an order directing the sale of the property under execution. The court shall so order if it finds that the
actual value of the family home exceeds the maximum amount allowed by law as of the time of its
constitution. If the increased actual value exceeds the maximum allowed in Article 157 and results from
subsequent voluntary improvements introduced by the person or persons constituting the family home,
by the owner or owners of the property, or by any of the beneficiaries, the same rule and procedure shall
apply.

At the execution sale, no bid below the value allowed for a family home shall be considered. The
proceeds shall be applied first to the amount mentioned in Article 157, and then to the liabilities under
the judgment and the costs. The excess, if any, shall be delivered to the judgment debtor. (247a, 248a)

Art. 161. For purposes of availing of the benefits of a family home as provided for in this Chapter, a
person may constitute, or be the beneficiary of, only one family home. (n)

Art. 162. The provisions in this Chapter shall also govern existing family residences insofar as said
provisions are applicable. (n)

TITLE VI: PATERNITY AND FILIATION

Chapter 1. Legitimate Children

Art. 163. The filiation of children may be by nature or by adoption. Natural filiation may be legitimate or
illegitimate. (n)

Art. 164. Children conceived or born during the marriage of the parents are legitimate.

Children conceived as a result of artificial insemination of the wife with the sperm of the husband or that
of a donor or both are likewise legitimate children of the husband and his wife, provided, that both of
them authorized or ratified such insemination in a written instrument executed and signed by them
before the birth of the child. The instrument shall be recorded in the civil registry together with the birth
certificate of the child. (55a, 258a)

Art. 165. Children conceived and born outside a valid marriage are illegitimate, unless otherwise
provided in this Code. (n)

Art. 166. Legitimacy of a child may be impugned only on the following grounds:

(1) That it was physically impossible for the husband to have sexual intercourse with his wife within the first
120 days of the 300 days which immediately preceded the birth of the child because of:

(a) the physical incapacity of the husband to have sexual intercourse with his wife;

(b) the fact that the husband and wife were living separately in such a way that sexual intercourse was not
possible; or

(c) serious illness of the husband, which absolutely prevented sexual intercourse;

(2) That it is proved that for biological or other scientific reasons, the child could not have been that of the
husband, except in the instance provided in the second paragraph of Article 164; or

(3) That in case of children conceived through artificial insemination, the written authorization or ratification
of either parent was obtained through mistake, fraud, violence, intimidation, or undue influence. (255a)
 Art. 167. The child shall be considered legitimate although the mother may have declared against its
legitimacy or may have been sentenced as an adulteress. (256a)

Art. 168. If the marriage is terminated and the mother contracted another marriage within three
hundred days after such termination of the former marriage, these rules shall govern in the absence of
proof to the contrary:

(1) A child born before one hundred eighty days after the solemnization of the subsequent marriage is
considered to have been conceived during the former marriage, provided it be born within three
hundred days after the termination of the former marriage;

(2) A child born after one hundred eighty days following the celebration of the subsequent marriage is
considered to have been conceived during such marriage, even though it be born within the three
hundred days after the termination of the former marriage. (259a)

Art. 169. The legitimacy or illegitimacy of a child born after three hundred days following the
termination of the marriage shall be proved by whoever alleges such legitimacy or illegitimacy. (261a)

Art. 170. The action to impugn the legitimacy of the child shall be brought within one year from the
knowledge of the birth or its recording in the civil register, if the husband or, in a proper case, any of his
heirs, should reside in the city or municipality where the birth took place or was recorded.

If the husband or, in his default, all of his heirs do not reside at the place of birth as defined in the first
paragraph or where it was recorded, the period shall be two years if they should reside in the
Philippines; and three years if abroad. If the birth of the child has been concealed from or was unknown
to the husband or his heirs, the period shall be counted from the discovery or knowledge of the birth of
the child or of the fact of registration of said birth, whichever is earlier. (263a)

Art. 171. The heirs of the husband may impugn the filiation of the child within the period prescribed in
the preceding article only in the following cases:

(1) If the husband should died before the expiration of the period fixed for bringing his action;

(2) If he should die after the filing of the complaint without having desisted therefrom; or

(3) If the child was born after the death of the husband. (262a)

Chapter 2. Proof of Filiation

Art. 172. The filiation of legitimate children is established by any of the following:

(1) The record of birth appearing in the civil register or a final judgment; or

(2) An admission of legitimate filiation in a public document or a private handwritten instrument and signed
by the parent concerned.

In the absence of the foregoing evidence, the legitimate filiation shall be proved by:

(1) The open and continuous possession of the status of a legitimate child; or

(2) Any other means allowed by the Rules of Court and special laws. (265a, 266a, 267a)

Art. 173. The action to claim legitimacy may be brought by the child during his or her lifetime and shall
be transmitted to the heirs should the child die during minority or in a state of insanity. In these cases,
the heirs shall have a period of five years within which to institute the action.

Art. 174. Legitimate children shall have the right:

(1) To bear the surnames of the father and the mother, in conformity with the provisions of the Civil Code on
Surnames;

(2) To receive support from their parents, their ascendants, and in proper cases, their brothers and sisters, in
conformity with the provisions of this Code on Support; and

(3) To be entitled to the legitimate and other successional rights granted to them by the Civil Code. (264a)
Chapter 3. Illegitimate Children

Art. 175. Illegitimate children may establish their illegitimate filiation in the same way and on the same
evidence as legitimate children.

The action must be brought within the same period specified in Article 173, except when the action is
based on the second paragraph of Article 172, in which case the action may be brought during the
lifetime of the alleged parent. (289a)

Art. 176. Illegitimate children shall use the surname and shall be under the parental authority of their
mother, and shall be entitled to support in conformity with this Code. The legitime of each illegitimate
child shall consist of one-half of the legitime of a legitimate child. Except for this modification, all other
provisions in the Civil Code governing successional rights shall remain in force. (287a)

Chapter 4. Legitimated Children

Art. 177. Only children conceived and born outside of wedlock of parents who, at the time of the
conception of the former, were not disqualified by any impediment to marry each other may be
legitimated. (269a)

Art. 178. Legitimation shall take place by a subsequent valid marriage between parents. The annulment
of a voidable marriage shall not affect the legitimation. (270a) chan robles virtual law library

Art. 179. Legitimated children shall enjoy the same rights as legitimate children. (272a)

Art. 180. The effects of legitimation shall retroact to the time of the child's birth. (273a)

Art. 181. The legitimation of children who died before the celebration of the marriage shall benefit their
descendants. (274)

Art. 182. Legitimation may be impugned only by those who are prejudiced in their rights, within five
years from the time their cause of action accrues. (275a)

TITLE VII: ADOPTION

Art. 183. A person of age and in possession of full civil capacity and legal rights may adopt, provided he
is in a position to support and care for his children, legitimate or illegitimate, in keeping with the means
of the family.

Only minors may be adopted, except in the cases when the adoption of a person of majority age is
allowed in this Title.

In addition, the adopter must be at least sixteen years older than the person to be adopted, unless the
adopter is the parent by nature of the adopted, or is the spouse of the legitimate parent of the person to
be adopted. (27a, E. O. 91 and PD 603)

Art. 184. The following persons may not adopt:

(1) The guardian with respect to the ward prior to the approval of the final accounts rendered upon the
termination of their guardianship relation;

(2) Any person who has been convicted of a crime involving moral turpitude;

(3) An alien, except:

(a) A former Filipino citizen who seeks to adopt a relative by consanguinity;

(b) One who seeks to adopt the legitimate child of his or her Filipino spouse; or

(c) One who is married to a Filipino citizen and seeks to adopt jointly with his or her spouse a relative by
consanguinity of the latter.
 Aliens not included in the foregoing exceptions may adopt Filipino children in accordance with the rules
on inter-country adoptions as may be provided by law. (28a, E. O. 91 and PD 603)

Art. 185. Husband and wife must jointly adopt, except in the following cases:

(1) When one spouse seeks to adopt his own illegitimate child; or

(2) When one spouse seeks to adopt the legitimate child of the other. (29a, E. O. 91 and PD 603)

Art. 186. In case husband and wife jointly adopt or one spouse adopts the legitimate child of the other,
joint parental authority shall be exercised by the spouses in accordance with this Code. (29a, E. O. and
PD 603)

Art. 187. The following may not be adopted:

(1) A person of legal age, unless he or she is a child by nature of the adopter or his or her spouse, or, prior to
the adoption, said person has been consistently considered and treated by the adopter as his or her own
child during minority.

(2) An alien with whose government the Republic of the Philippines has no diplomatic relations; and

(3) A person who has already been adopted unless such adoption has been previously revoked or rescinded.
(30a, E. O. 91 and PD 603)

Art. 188. The written consent of the following to the adoption shall be necessary:

(1) The person to be adopted, if ten years of age or over,

(2) The parents by nature of the child, the legal guardian, or the proper government instrumentality;

(3) The legitimate and adopted children, ten years of age or over, of the adopting parent or parents;

(4) The illegitimate children, ten years of age or over, of the adopting parent, if living with said parent and the
latter's spouse, if any; and

(5) The spouse, if any, of the person adopting or to be adopted. (31a, E. O. 91 and PD 603)

Art. 189. Adoption shall have the following effects:

(1) For civil purposes, the adopted shall be deemed to be a legitimate child of the adopters and both shall
acquire the reciprocal rights and obligations arising from the relationship of parent and child, including
the right of the adopted to use the surname of the adopters;

(2) The parental authority of the parents by nature over the adopted shall terminate and be vested in the
adopters, except that if the adopter is the spouse of the parent by nature of the adopted, parental
authority over the adopted shall be exercised jointly by both spouses; and

(3) The adopted shall remain an intestate heir of his parents and other blood relatives. (39(1)a, (3)a, PD 603)

Art. 190. Legal or intestate succession to the estate of the adopted shall be governed by the following
rules:

(1) Legitimate and illegitimate children and descendants and the surviving spouse of the adopted shall
inherit from the adopted, in accordance with the ordinary rules of legal or intestate succession;

(2) When the parents, legitimate or illegitimate, or the legitimate ascendants of the adopted concur with the
adopter, they shall divide the entire estate, one-half to be inherited by the parents or ascendants and the
other half, by the adopters;

(3) When the surviving spouse or the illegitimate children of the adopted concur with the adopters, they shall
divide the entire estate in equal shares, one-half to be inherited by the spouse or the illegitimate
children of the adopted and the other half, by the adopters.
(4) When the adopters concur with the illegitimate children and the surviving spouse of the adopted, they
shall divide the entire estate in equal shares, one-third to be inherited by the illegitimate children, one-
third by the surviving spouse, and one-third by the adopters;

(5) When only the adopters survive, they shall inherit the entire estate; and

(6) When only collateral blood relatives of the adopted survive, then the ordinary rules of legal or intestate
succession shall apply. (39(4)a, PD 603)

Art. 191. If the adopted is a minor or otherwise incapacitated, the adoption may be judicially rescinded
upon petition of any person authorized by the court or proper government instrumental acting on his
behalf, on the same grounds prescribed for loss or suspension of parental authority. If the adopted is at
least eighteen years of age, he may petition for judicial rescission of the adoption on the same grounds
prescribed for disinheriting an ascendant. (40a, PD 603)

Art. 192. The adopters may petition the court for the judicial rescission of the adoption in any of the
following cases:

(1) If the adopted has committed any act constituting ground for disinheriting a descendant; or

(2) When the adopted has abandoned the home of the adopters during minority for at least one year, or, by
some other acts, has definitely repudiated the adoption. (41a, PD 603)

Art. 193. If the adopted minor has not reached the age of majority at the time of the judicial rescission of
the adoption, the court in the same proceeding shall reinstate the parental authority of the parents by
nature, unless the latter are disqualified or incapacitated, in which case the court shall appoint a
guardian over the person and property of the minor. If the adopted person is physically or mentally
handicapped, the court shall appoint in the same proceeding a guardian over his person or property or
both.

Judicial rescission of the adoption shall extinguish all reciprocal rights and obligations between the
adopters and the adopted arising from the relationship of parent and child. The adopted shall likewise
lose the right to use the surnames of the adopters and shall resume his surname prior to the adoption.

The court shall accordingly order the amendment of the records in the proper registries. (42a, PD 603)

TITLE VIII: SUPPORT

Art. 194. Support comprises everything indispensable for sustenance, dwelling, clothing, medical
attendance, education and transportation, in keeping with the financial capacity of the family.

The education of the person entitled to be supported referred to in the preceding paragraph shall
include his schooling or training for some profession, trade or vocation, even beyond the age of majority.
Transportation shall include expenses in going to and from school, or to and from place of work. (290a)

Art. 195. Subject to the provisions of the succeeding articles, the following are obliged to support each
other to the whole extent set forth in the preceding article:

(1) The spouses;

(2) Legitimate ascendants and descendants;

(3) Parents and their legitimate children and the legitimate and illegitimate children of the latter;

(4) Parents and their illegitimate children and the legitimate and illegitimate children of the latter; and

(5) Legitimate brothers and sisters, whether of full or half-blood (291a)

Art. 196. Brothers and sisters not legitimately related, whether of the full or half-blood, are likewise
bound to support each other to the full extent set forth in Article 194, except only when the need for
support of the brother or sister, being of age, is due to a cause imputable to the claimant's fault or
negligence. (291a)
 Art. 197. In case of legitimate ascendants; descendants, whether legitimate or illegitimate; and brothers
and sisters, whether legitimately or illegitimately related, only the separate property of the person
obliged to give support shall be answerable provided that in case the obligor has no separate property,
the absolute community or the conjugal partnership, if financially capable, shall advance the support,
which shall be deducted from the share of the spouse obliged upon the liquidation of the absolute
community or of the conjugal partnership. (n)

Art. 198. During the proceedings for legal separation or for annulment of marriage, and for declaration
of nullity of marriage, the spouses and their children shall be supported from the properties of the
absolute community or the conjugal partnership. After the final judgment granting the petition, the
obligation of mutual support between the spouses ceases. However, in case of legal separation, the court
may order that the guilty spouse shall give support to the innocent one, specifying the terms of such
order. (292a)

Art. 199. Whenever two or more persons are obliged to give support, the liability shall devolve upon the
following persons in the order herein provided:

(1) The spouse;

(2) The descendants in the nearest degree;

(3) The ascendants in the nearest degree; and

(4) The brothers and sisters. (294a)

Art. 200. When the obligation to give support falls upon two or more persons, the payment of the same
shall be divided between them in proportion to the resources of each.

However, in case of urgent need and by special circumstances, the judge may order only one of them to
furnish the support provisionally, without prejudice to his right to claim from the other obligors the
share due from them.

When two or more recipients at the same time claim support from one and the same person legally
obliged to give it, should the latter not have sufficient means to satisfy all claims, the order established in
the preceding article shall be followed, unless the concurrent obligees should be the spouse and a child
subject to parental authority, in which case the child shall be preferred. (295a)

Art. 201. The amount of support, in the cases referred to in Articles 195 and 196, shall be in proportion
to the resources or means of the giver and to the necessities of the recipient. (296a)

Art. 202. Support in the cases referred to in the preceding article shall be reduced or increased
proportionately, according to the reduction or increase of the necessities of the recipient and the
resources or means of the person obliged to furnish the same. (297a)

Art. 203. The obligation to give support shall be demandable from the time the person who has a right to
receive the same needs it for maintenance, but it shall not be paid except from the date of judicial or
extra-judicial demand.

Support pendente lite may be claimed in accordance with the Rules of Court.

Payment shall be made within the first five days of each corresponding month or when the recipient
dies, his heirs shall not be obliged to return what he has received in advance. (298a)

Art. 204. The person obliged to give support shall have the option to fulfill the obligation either by
paying the allowance fixed, or by receiving and maintaining in the family dwelling the person who has a
right to receive support. The latter alternative cannot be availed of in case there is a moral or legal
obstacle thereto. (299a)

Art. 205. The right to receive support under this Title as well as any money or property obtained as such
support shall not be levied upon on attachment or execution. (302a)
 Art. 206. When, without the knowledge of the person obliged to give support, it is given by a stranger,
the latter shall have a right to claim the same from the former, unless it appears that he gave it without
intention of being reimbursed. (2164a)

Art. 207. When the person obliged to support another unjustly refuses or fails to give support when
urgently needed by the latter, any third person may furnish support to the needy individual, with right
of reimbursement from the person obliged to give support. This Article shall particularly apply when the
father or mother of a child under the age of majority unjustly refuses to support or fails to give support
to the child when urgently needed. (2166a)

Art. 208. In case of contractual support or that given by will, the excess in amount beyond that required
for legal support shall be subject to levy on attachment or execution.

Furthermore, contractual support shall be subject to adjustment whenever modification is necessary

due to changes of circumstances manifestly beyond the contemplation of the parties. (n)

TITLE IX: PARENTAL AUTHORITY

Chapter 1. General Provisions

Art. 209. Pursuant to the natural right and duty of parents over the person and property of their
unemancipated children, parental authority and responsibility shall include the caring for and rearing
them for civic consciousness and efficiency and the development of their moral, mental and physical
character and well-being. (n)

Art. 210. Parental authority and responsibility may not be renounced or transferred except in the cases
authorized by law. (313a)

Art. 211. The father and the mother shall jointly exercise parental authority over the persons of their
common children. In case of disagreement, the father's decision shall prevail, unless there is a judicial
order to the contrary.

Children shall always observe respect and reverence towards their parents and are obliged to obey them
as long as the children are under parental authority. (311a)

Art. 212. In case of absence or death of either parent, the parent present shall continue exercising
parental authority. The remarriage of the surviving parent shall not affect the parental authority over
the children, unless the court appoints another person to be the guardian of the person or property of
the children. (n)

Art. 213. In case of separation of the parents, parental authority shall be exercised by the parent
designated by the Court. The Court shall take into account all relevant considerations, especially the
choice of the child over seven years of age, unless the parent chosen is unfit. (n)

Art. 214. In case of death, absence or unsuitability of the parents, substitute parental authority shall be
exercised by the surviving grandparent. In case several survive, the one designated by the court, taking
into account the same consideration mentioned in the preceding article, shall exercise the authority.
(355a)

Art. 215. No descendant shall be compelled, in a criminal case, to testify against his parents and
grandparents, except when such testimony is indispensable in a crime against the descendant or by one
parent against the other. (315a)

Chapter 2. Substitute and Special Parental Authority

Art. 216. In default of parents or a judicially appointed guardian, the following person shall exercise
substitute parental authority over the child in the order indicated:

(1) The surviving grandparent, as provided in Art. 214;

(2) The oldest brother or sister, over twenty-one years of age, unless unfit or disqualified; and

(3) The child's actual custodian, over twenty-one years of age, unless unfit or disqualified.
 Whenever the appointment or a judicial guardian over the property of the child becomes necessary, the
same order of preference shall be observed. (349a, 351a, 354a)

Art. 217. In case of foundlings, abandoned neglected or abused children and other children similarly
situated, parental authority shall be entrusted in summary judicial proceedings to heads of children's
homes, orphanages and similar institutions duly accredited by the proper government agency. (314a)

Art. 218. The school, its administrators and teachers, or the individual, entity or institution engaged in
child are shall have special parental authority and responsibility over the minor child while under their
supervision, instruction or custody.

Authority and responsibility shall apply to all authorized activities whether inside or outside the
premises of the school, entity or institution. (349a)

Art. 129. Those given the authority and responsibility under the preceding Article shall be principally
and solidarily liable for damages caused by the acts or omissions of the unemancipated minor. The
parents, judicial guardians or the persons exercising substitute parental authority over said minor shall
be subsidiarily liable.

The respective liabilities of those referred to in the preceding paragraph shall not apply if it is proved
that they exercised the proper diligence required under the particular circumstances.

All other cases not covered by this and the preceding articles shall be governed by the provisions of the
Civil Code on quasi-delicts. (n)

Chapter 3. Effect of Parental Authority Upon the Persons of the Children

Art. 220. The parents and those exercising parental authority shall have with the respect to their
unemancipated children on wards the following rights and duties:

(1) To keep them in their company, to support, educate and instruct them by right precept and good example,
and to provide for their upbringing in keeping with their means;

(2) To give them love and affection, advice and counsel, companionship and understanding;

(3) To provide them with moral and spiritual guidance, inculcate in them honesty, integrity, self-discipline,
self-reliance, industry and thrift, stimulate their interest in civic affairs, and inspire in them compliance
with the duties of citizenship;

(4) To furnish them with good and wholesome educational materials, supervise their activities, recreation
and association with others, protect them from bad company, and prevent them from acquiring habits
detrimental to their health, studies and morals;

(5) To represent them in all matters affecting their interests;

(6) To demand from them respect and obedience;

(7) To impose discipline on them as may be required under the circumstances; and

(8) To perform such other duties as are imposed by law upon parents and guardians. (316a)

Art. 221. Parents and other persons exercising parental authority shall be civilly liable for the injuries
and damages caused by the acts or omissions of their unemancipated children living in their company
and under their parental authority subject to the appropriate defenses provided by law. (2180(2)a and
(4)a )

Art. 222. The courts may appoint a guardian of the child's property or a guardian ad litem when the best
interests of the child so requires. (317)

Art. 223. The parents or, in their absence or incapacity, the individual, entity or institution exercising
parental authority, may petition the proper court of the place where the child resides, for an order
providing for disciplinary measures over the child. The child shall be entitled to the assistance of
counsel, either of his choice or appointed by the court, and a summary hearing shall be conducted
wherein the petitioner and the child shall be heard.
 However, if in the same proceeding the court finds the petitioner at fault, irrespective of the merits of
the petition, or when the circumstances so warrant, the court may also order the deprivation or
suspension of parental authority or adopt such other measures as it may deem just and proper. (318a)

Art. 224. The measures referred to in the preceding article may include the commitment of the child for
not more than thirty days in entities or institutions engaged in child care or in children's homes duly
accredited by the proper government agency.

The parent exercising parental authority shall not interfere with the care of the child whenever
committed but shall provide for his support. Upon proper petition or at its own instance, the court may
terminate the commitment of the child whenever just and proper. (391a)

Chapter 4. Effect of Parental Authority Upon the Property of the Children

Art. 225. The father and the mother shall jointly exercise legal guardianship over the property of the
unemancipated common child without the necessity of a court appointment. In case of disagreement, the
father's decision shall prevail, unless there is a judicial order to the contrary.

Where the market value of the property or the annual income of the child exceeds P50,000, the parent
concerned shall be required to furnish a bond in such amount as the court may determine, but not less
than ten per centum (10%) of the value of the property or annual income, to guarantee the performance
of the obligations prescribed for general guardians.

A verified petition for approval of the bond shall be filed in the proper court of the place where the child
resides, or, if the child resides in a foreign country, in the proper court of the place where the property
or any part thereof is situated.

The petition shall be docketed as a summary special proceeding in which all incidents and issues
regarding the performance of the obligations referred to in the second paragraph of this Article shall be
heard and resolved.

The ordinary rules on guardianship shall be merely suppletory except when the child is under substitute
parental authority, or the guardian is a stranger, or a parent has remarried, in which case the ordinary
rules on guardianship shall apply. (320a)

Art. 226. The property of the unemancipated child earned or acquired with his work or industry or by
onerous or gratuitous title shall belong to the child in ownership and shall be devoted exclusively to the
latter's support and education, unless the title or transfer provides otherwise.

The right of the parents over the fruits and income of the child's property shall be limited primarily to
the child's support and secondarily to the collective daily needs of the family. (321a, 323a)

Art. 227. If the parents entrust the management or administration of any of their properties to an
unemancipated child, the net proceeds of such property shall belong to the owner. The child shall be
given a reasonable monthly allowance in an amount not less than that which the owner would have paid
if the administrator were a stranger, unless the owner, grants the entire proceeds to the child. In any
case, the proceeds thus give in whole or in part shall not be charged to the child's legitime. (322a)

Chapter 5. Suspension or Termination of Parental Authority

Art. 228. Parental authority terminates permanently:

(1) Upon the death of the parents;

(2) Upon the death of the child; or

(3) Upon emancipation of the child. (327a)

Art. 229. Unless subsequently revived by a final judgment, parental authority also terminates:

(1) Upon adoption of the child;

(2) Upon appointment of a general guardian;

(3) Upon judicial declaration of abandonment of the child in a case filed for the purpose;

(4) Upon final judgment of a competent court divesting the party concerned of parental authority; or

(5) Upon judicial declaration of absence or incapacity of the person exercising parental authority. (327a)

Art. 230. Parental authority is suspended upon conviction of the parent or the person exercising the
same of a crime which carries with it the penalty of civil interdiction. The authority is automatically
reinstated upon service of the penalty or upon pardon or amnesty of the offender. (330a)

Art. 231. The court in an action filed for the purpose in a related case may also suspend parental
authority if the parent or the person exercising the same:

(1) Treats the child with excessive harshness or cruelty;

(2) Gives the child corrupting orders, counsel or example;

(3) Compels the child to beg; or

(4) Subjects the child or allows him to be subjected to acts of lasciviousness.

The grounds enumerated above are deemed to include cases which have resulted from culpable
negligence of the parent or the person exercising parental authority.

If the degree of seriousness so warrants, or the welfare of the child so demands, the court shall deprive
the guilty party of parental authority or adopt such other measures as may be proper under the
circumstances.

The suspension or deprivation may be revoked and the parental authority revived in a case filed for the
purpose or in the same proceeding if the court finds that the cause therefor has ceased and will not be
repeated. (33a)

Art. 232. If the person exercising parental authority has subjected the child or allowed him to be
subjected to sexual abuse, such person shall be permanently deprived by the court of such authority. (n)

Art. 233. The person exercising substitute parental authority shall have the same authority over the
person of the child as the parents.

In no case shall the school administrator, teacher of individual engaged in child care exercising special
parental authority inflict corporal punishment upon the child. (n)

EDUCATION ACT OF 1982

BATAS PAMBANSA BILANG 232

I. GENERAL PROVISIONS

CHAPTER 1: Preliminary Matters

Sec. 1. Title. — This Act shall be known as the "Education Act of 1982."

Sec. 2. Coverage. — This Act shall apply to and govern both formal and non-formal systems in public
and private schools in all levels of the entire educational system.

CHAPTER 2: Declaration of Basic State Policy and Objectives

Sec. 3. Declaration of Basic Policy. — It is the policy of the State to establish and maintain a complete,
adequate and integrated system of education relevant to the goals of national development. Toward this
end, the government shall ensure, within the context of a free and democratic system, maximum
contribution of the educational system to the attainment of the following national developmental goals:

1. To achieve and maintain an accelerating rate of economic development and social progress;
2. To ensure the maximum participation of all the people in the attainment and enjoyment of the benefits of
such growth; and

3. To achieve and strengthen national unity and consciousness and preserve, develop and promote desirable
cultural, moral and spiritual values in a changing world.

The State shall promote the right of every individual to relevant quality education, regardless of sex, age,
creed, socio-economic status, physical and mental conditions, racial or ethnic origin, political or other
affiliation. The State shall therefore promote and maintain equality of access to education as well as the
enjoyment of the benefits of education by all its citizens.

The state shall promote the right of the nation's cultural communities in the exercise of their right to
develop themselves within the context of their cultures, customs, traditions, interest and belief, and
recognizes education as an instrument for their maximum participation in national development and in
ensuring their involvement in achieving national unity.

Sec. 4. Declaration of Objectives. — The educational system aim to:

1. Provide for a broad general education that will assist each individuals in the peculiar ecology of his own
society, to (a) attain his potentials as a human being; (b) enhance the range and quality of individual and
group participation in the basic functions of society; and (c) acquire the essential educational foundation
of his development into a productive and versatile citizen;

2. Train the nation's manpower in the middle-level skills for national development;

3. Develop the profession that will provide leadership for the nation in the advancement of knowledge for
improving the quality of human life; and

4. Respond effectively to changing needs and conditions of the nation through a system of educational
planning and evaluation.

Towards the realization of these objectives, and pursuant to the Constitution, all educational institutions
shall aim to inculcate love of country, teach the duties of citizenship, and develop moral character,
personal discipline, and scientific, technological, and vocational efficiency.

Furthermore, the educational system shall reach out to educationally deprived communities, in order to
give meaningful reality to their membership in the national society, to enrich their civic participation in
the community and national life, and to unify all Filipinos into a free and just nation.

II. THE EDUCATIONAL COMMUNITY

CHAPTER 1: Preliminary Provisions

Sec. 5. Declaration of Policy and Objectives. — It is likewise declared government policy to foster, at
all times, a spirit of shared purposes and cooperation among the members and elements of the
educational community, and between the community and other sectors of society, in the realization that
only in such an atmosphere can be true goals and objectives of education be fulfilled.

Moreover, the State shall:

1. Aid and support the natural right and duty of parents in the rearing of the youth through the educational
system.

2. Promote and safeguard the welfare and interest of the students by defining their rights and obligations,
according them privileges, and encouraging the establishment of sound relationships between them and
the other members of the school community.

3. Promote the social economic status of all school personnel, uphold their rights, define their obligations,
and improve their living and working conditions and career prospects.

4. Extend support to promote the viability of those institutions through which parents, students and school
personnel seek to attain their educational goals.
 Sec. 6. Definition and Coverage. — "Educational community" refers to those persons or groups of
persons as such or associated in institutions involved in organized teaching and learning systems.

The members and elements of the educational community are:

1. "Parents" or guardians or the head of the institution or foster home which has custody of the pupil or
student.

2. "Students," or those enrolled in and who regularly attend and educational institution of secondary or
higher level of a person engaged in formal study. "Pupils," are those who regularly attend a school of
elementary level under the supervision and tutelage of a teacher.

3 "School personnel," or all persons working for an educational institution, which includes the following:

a. "Teaching or academic staff," or all persons engaged in actual teaching and/or research assignments, either
on full-time or part-time basis, in all levels of the educational system.

b. "School administrators," or all persons occupying policy implementing positions having to do with the
functions of the school in all levels.

c. "Academic non-teaching personnel," or those persons holding some academic qualifications and
performing academic functions directly supportive of teaching, such as registrars, librarians, research
assistants, research aides, and similar staff.

d. "Non-academic personnel," or all other school personnel not falling under the definition and coverage of
teaching and academic staff, school administrators and academic non-teaching personnel.

4. "Schools," or institutions recognized by the State which undertake educational operations.

Sec. 7. Community Participation. — Every educational institution shall provide for the establishment
of appropriate bodies through which the members of the educational community may discuss relevant
issues, and communicate information and suggestions for assistance and support of the school and for
the promotion of their common interest.

Representatives from each subgroup of the educational community shall sit and participate in these
bodies, the rules and procedures of which must be approved by them and duly published.

CHAPTER 2: Rights

Sec. 8. Rights of Parents. — In addition to other rights under existing laws, all parents who have
children enrolled in a school have the following rights:

1. The right to organize by themselves and/or with teachers for the purpose of providing a forum for the
discussion of matters relating to the total school program, and for ensuring the full cooperation of
parents and teachers in the formulation and efficient implementation of such programs.

2. The right to access to any official record directly relating to the children who are under their parental
responsibility.

Sec. 9. Right of Students in School. — In addition to other rights, and subject to the limitation
prescribed by law and regulations, and student and pupils in all schools shall enjoy the following rights:

1. The right to receive, primarily through competent instruction, relevant quality education in line with
national goals and conducive to their full development as person with human dignity.

2. The right to freely chose their field of study subject to existing curricula and to continue their course
therein up to graduation, except in cases of academic deficiency, or violation of disciplinary regulations.

3. The right to school guidance and counseling services for decisions and selecting the alternatives in fields of
work suited to his potentialities.

4. The right of access to his own school records, the confidentiality of which the school shall maintain and
preserve.
5. The right to the issuance of official certificates, diplomas, transcript of records, grades, transfer credentials
and other similar documents within thirty days from request.

6. The right to publish a student newspaper and similar publications, as well as the right to invite resource
persons during assemblies, symposia and other activities of similar nature.

7. The right to free expression of opinions and suggestions, and to effective channels of communication with
appropriate academic channels and administrative bodies of the school or institution.

8. The right to form, establish, join and participate in organizations and societies recognized by the school to
foster their intellectual, cultural, spiritual and physical growth and development, or to form, establish,
join and maintain organizations and societies for purposes not contrary to law.

9. The right to be free from involuntary contributions, except those approved by their own he organizations
or societies.

Sec. 10. Rights of all School Personnel. — In addition to other rights provided for by law, the
following rights shall be enjoyed by all school personnel:

1. The right to free expression of opinion and suggestions, and to effective channels of communication with
appropriate academic and administrative bodies of the school or institution.

2. The right to be provided with free legal service by the appropriate government office in the case of public
school personnel, and through the school authorities concerned in the case of private school personnel,
when charged in an administrative, civil and/or criminal proceedings by parties other than the school or
regulatory authorities concerned for actions committed directly in the lawful discharge of professional
duties and/or in defense of school policies.

3. The right to establish, join and maintain labor organizations and/or professional and self-regulating
organizations of their choice to promote their welfare and defend their interests.

4. The right to be free from involuntary contributions except those imposed by their own organizations.

Sec. 11. Special Rights and/or Privileges of Teaching or Academic Staff— Further to the rights
mentioned in the preceding Section, every member of the teaching or academic staff shall enjoy the
following rights and/or privileges:

1. The right to be free from compulsory assignments not related to their duties as defined in their
appointments or employment contracts, unless compensated therefor, conformably to existing law.

2. The right to intellectual property consistent with applicable laws.

3. Teachers shall be deemed persons in authority when in the discharge of lawful duties and responsibilities,
and shall, therefore, be accorded due respect and protection.

4. Teachers shall be accorded the opportunity to choose alternative career lines either in school
administration, in classroom teaching, or others, for purposes of career advancement.

Sec. 12. Special Rights of School Administration. — School administrators shall, in accordance with
existing laws, regulations and policies of the Ministry of Education, Culture and Sports, be accorded
sufficient administrative discretion necessary for the efficient and effective performance of their
functions.

School administrators shall be deemed persons in authority while in the discharge of lawful duties and
responsibilities, and shall therefore be accorded due respect and protection.

Sec. 13. Rights of Schools. — In addition to other rights provided for by law, schools shall enjoy the
following:

1. The right of their governing boards or lawful authorities to provide for the proper governance of the school
and to adopt and enforce administrative or management systems.

2. The right for institutions of higher learning to determine on academic grounds who shall be admitted to
study, who may teach, and what shall be subjects of the study and research.
CHAPTER 3: Duties and Obligations

Sec. 14. Duties of Parents. — In addition to those provided for under existing laws, all parents shall
have the following duties and obligations:

1. Parents, individually or collectively, through the school systems, shall help carry out the educational
objectives in accordance with national goals.

2. Parents shall be obliged to enable their children to obtain elementary education and shall strive to enable
them to obtain secondary and higher education in the pursuance of the right formation of the youth.

3. Parents shall cooperate with the school in the implementation of the school program curricular and co-
curricular.

Sec. 15. Duties and Responsibilities of Students. — In addition to those provided for under existing
laws, every student shall:

1. Exert his utmost to develop his potentialities for service, particularly by undergoing an education suited to
his abilities, in order that he may become an asset to his family and to society.

2. Uphold the academic integrity of the school, endeavor to achieve academic excellence and abide by the
rules and regulations governing his academic responsibilities and moral integrity.

3. Promote and maintain the peace and tranquility of the school by observing the rules and discipline, and by
exerting efforts to attain harmonious relationships with fellow students, the teaching and academic staff
and other school personnel.

4. Participate actively in civic affairs and in the promotion of the general welfare, particularly in the social,
economic and cultural development of his community and in the attainment of a just, compassionate and
orderly society.

5. Exercise his rights responsibly in the knowledge that he is answerable for any infringement or violation of
the public welfare and of the rights of others.

Sec. 16. Teacher's Obligations. — Every teacher shall:

1. Perform his duties to the school by discharging his responsibilities in accordance with the philosophy,
goals, and objectives of the school.

2. Be accountable for the efficient and effective attainment of specified learning objectives in pursuance of
national development goals within the limits of available school resources.

3. Render regular reports on performance of each student and to the latter and the latter's parents and
guardians with specific suggestions for improvement.

4. Assume the responsibility to maintain and sustain his professional growth and advancement and maintain
professionalism in his behavior at all times.

5. Refrain from making deductions in students' scholastic rating for acts that are clearly not manifestations of
poor scholarship.

6. Participate as an agent of constructive social, economic, moral, intellectual, cultural and political change in
his school and the community within the context of national policies.

Sec. 17. School Administrators' Obligations. — Every school administrator shall:

1. Perform his duties to the school by discharging his responsibilities in accordance with the philosophy,
goals and objectives of the school.

2. Be accountable for the efficient and effective administration and management of the school.

3. Develop and maintain a healthy school atmosphere conducive to the promotion and preservation of
academic freedom and effective teaching and learning, and to harmonious and progressive school-
personnel relationship.
4. Assume and maintain professional behavior in his work and in dealing with students, teachers, academic
non-teaching personnel, administrative staff, and parents or guardians.

5. Render adequate reports to teachers, academic non-teaching personnel and non-academic staff on their
actual performance in relation to their expected performance and counsel them on ways of improving
the same.

6. Observe due process, fairness, promptness, privacy, constructiveness and consistency in disciplining his
teachers and other personnel.

7. Maintain adequate records and submit required reports to the Ministry of Education, Culture and Sports.

Sec. 18. Obligations of Academic Non-Teaching Personnel. — Academic non-teaching personnel

shall:

1. Improve himself professionally be keeping abreast of the latest trends and techniques in his profession.

2. Assume, promote and maintain an atmosphere conducive to service and learning.

3. Promote and maintain an atmosphere conducive to service and learning.

III. THE EDUCATIONAL SYSTEMS

CHAPTER 1: Formal Education

Sec. 19. Declaration of Policy. — The State recognizes that formal education, or the school system, in
society's primary learning system, and therefore the main instrument for the achievement of the
country's educational goals and objectives.

Sec. 20. Definition. — "Formal Educational" refers to the hierarchically structured and chronologically
graded learning organized and provided by the formal school system and for which certification is
required in order for the learner to progress through the grades or move to higher levels. Formal
education shall correspond to the following levels:

1. Elementary Education. — the first stage of compulsory, formal education primarily concerned with
providing basic education and usually corresponding to six or seven grades, including pre-school
programs.

2. Secondary Education. — the state of formal education following the elementary level concerned primarily
with continuing basic education and expanding it to include the learning of employable gainful skills,
usually corresponding to four years of high school.

3. Tertiary Education. — post secondary schooling is higher education leading to a degree in a specific
profession or discipline.

Sec. 21. Objectives of Elementary Education. — The objectives of elementary education are:

1. To provide the knowledge and develop the skills, attitudes, and values essential to personal development
and necessary for living in and contributing to a developing and changing social milieu;

2. To provide learning experiences which increase the child's awareness of and responsiveness to the
changes in and just demands of society and to prepare him for constructive and effective involvement;

3. To promote and intensify the child's knowledge of, identification with, and love for the nation and the
people to which he belongs; and

4. To promote work experiences which develop the child's orientation to the world of work and creativity
and prepare himself to engage in honest and gainful work.

Sec. 22. Objectives of Secondary Education. — The objectives of secondary education are:

1. To continue to promote the objectives of elementary education; and

2. To discover and enhance the different aptitudes and interests of the students so as to equip him with skills
for productive endeavor and/or prepare him for tertiary schooling.
 Sec. 23. Objective of Tertiary Education. — The objectives of tertiary education are:

1. To provide a general education program that will promote national identity, cultural consciousness, moral
integrity and spiritual vigor;

2. To train the nation's manpower in the skills required for national development;

3. To develop the professions that will provide leadership for the nation; and

4. To advance knowledge through research work and apply new knowledge for improving the quality of
human life and responding effectively to changing societal needs and conditions.

CHAPTER 2: Non-Education and Specialized Educational Services

Sec. 24. Specialized Educational Service. — The State further recognizes its responsibility to provide,
within the context of the formal education system, services to meet special needs of certain clientele.
These specific types, which shall be guided by the basic policies of the State embodied in the General
Provisions of this Act, include:

1. "Work Education," or "Practical Arts," as a program of basic education which aims to develop the right
attitudes towards work; and "technical-vocational education," post-secondary but non-degree programs
leading to one, two, or three year certificates in preparation for a group of middle-level occupations.

2. "Special Education," the education of persons who are physically, mentally, emotionally, socially, or
culturally different from the so-called "normal" individuals that they require modification of school
practices/services to develop them to their maximum capacity; and

3. "Non-formal Education," any organized school-based educational activities undertaken by the Ministry of
Education, Culture and Sports and other agencies aimed at attaining specific learning objectives for a
particular clientele, especially the illiterates and the out-of-school youth and adults, distinct from and
outside the regular offerings of the formal school system.

The objectives of non-formal education are as follows:

a. To eradicate illiteracy and raise the level of functional literacy of the population;

b. To provide unemployed and underemployed youth and adults with appropriate vocational/technical skills
to enable them to become more productive and effective citizens; and

c. To develop among the clientele of non-formal education proper values and attitudes necessary for
personal, community and national development.

CHAPTER 3: Establishment of Schools

Sec. 25. Establishment of Schools. — All schools shall be established in accordance with law. The
establishment of new national schools and the conversion of existing schools from elementary to
national secondary or tertiary schools shall be by law: Provided, That any private school proposed to be
established must incorporate as an non-stock educational corporation in accordance with the provisions
of the Corporation Code of the Philippines. This requirement to incorporate may be waived in the case of
family-administered pre-school institutions. Government assistance to such schools for educational
programs shall be used exclusively for that purpose.

Sec. 26. Definition of Terms. — The terms used in this Chapter are defined as follows:

1. "Schools" are duly established institutions of learning or educational institutions.

2. "Public Schools" are educational institutions established and administered by the government.

3. "Private Schools" are educational institutions maintained and administered by private individuals or
groups.

Sec. 27. Recognition of Schools. — The educational operations of schools shall be subject to their
prior authorization of the government, and shall be affected by recognition. In the case of government
 operated schools, whether local, regional, or national, recognition of educational programs and/or
operations shall be deemed granted simultaneously with establishment.

In all other case the rules and regulations governing recognition shall be prescribed and enforced by the
Ministry of Education, Culture and Sports defining therein who are qualified to apply, providing for a
permit system, stating the conditions for the grant of recognition and for its cancellation and
withdrawal, and providing for related matters.

Sec. 28. Effects of Recognition; Punishable Violations. — The issuance of a certificate of recognition
to a school shall have the following effects:

1. It transforms the temporary permit to a permanent authority to operate;

2. It entitled the school or college to give the students who have completed the course for which recognition
is granted, a certificate, title or diploma; and

3. It shall entitle the students who have graduated from said recognized course or courses to all the benefits
and privileges enjoyed by graduates in similar courses of studies in all schools recognized by the
government.

Operation of schools and educational programs without authorization, and/or operation thereof in
violation of the terms of recognition, are hereby declared punishable violations subject to the penalties
provided in this Act.

Sec. 29. Voluntary Accreditation. — The Ministry shall encourage programs of voluntary
accreditation for institution which desire to meet standards of quality over and above minimum
required for State recognition.

CHAPTER 4: Internal Organization of Schools

Sec. 30. Organization of Schools. — Each school shall establish such internal organization as will best
enable it to carry out its academic and administrative functions, subject to limitations provided by law.
Each school establish such arrangements for the peaceful settlement of disputes between or among the
members of the educational community.

Sec. 31. Governing Board. — Every government college or university as a tertiary institution and
every private school shall have a governing board pursuant to its charter or the Corporation Code of the
Philippines, as the case may be.

Sec. 32. Personnel Transactions. — The terms and conditions of employment of personnel in
government schools shall be governed by the Civil Service, budgetary and compensation laws and rules.

In private schools, dispute arising from employer-employee relations shall fall under the jurisdiction of
the Ministry of Labor and Employment as provided for by law regulations: Provided, That in view of the
special employment status of the teaching and academic non-teaching personnel, and their special roles
in the advancement of knowledge, standards set or promulgated jointly by the Ministry of Education,
Culture and Sports and by the Ministry of Labor and Employment shall be applied by the Ministry of
Labor and Employment: Provided, further, That every private school shall establish and implement an
appropriate system within the school for the prompt and orderly settlement of provisions of Articles
262 and 263 of the Labor Code.

CHAPTER 5: School Finance and Assistance

Sec. 33. Declaration of Policy. — It is hereby declared to be the policy of the State that the national
government shall contribute to the financial support of educational programs pursuant to goals of
education as declared in the Constitution. Towards this end, the government shall:

1. Adopt measures to broaden access to education through financial assistance and other forms of incentives
to schools, teachers, pupils and students; and

2. Encourage and stimulate private support to education through, inter alia, fiscal and other assistance
measures.
A. FUNDING OF REPUBLIC SCHOOLS

Sec. 34. National Funds. — Public school shall continue to be funded from national funds: Provided,
That local governments shall be encouraged to assume operation of local public schools on the basis of
national fund participation and adequate revenue sources which may be assigned by the national
government for the purpose.

Sec. 35. Financial Aid Assistance to Public Secondary Schools. — The national government shall
extend financial aid and assistance to public secondary schools established and maintained by local
governments, including barangay high schools.

Sec. 36. Share of Local Government. — Provinces, cities and municipalities and barangays shall
appropriate funds in their annual budgets for the operation and maintenance of public secondary
schools on the basis of national fund participation.

Sec. 37. Special Education Fund. — The proceeds of the Special Education Fund accruing to local
governments shall be used exclusively for the purposes enumerated in Section 1 of Republic Act No.
5447, and in accordance with rules and regulations issued by the Ministry of Education, Culture and
Sports and the Ministry of the Budget. Said proceeds shall be considered a local fund and shall be subject
to Presidential Decrees No. 477, Presidential Decree No. 1375 and other applicable local budget laws
and regulations.

Sec. 38. Tuition and other School Fees. — Secondary and post-secondary schools may charge tuition
and other school fees, in order to improve facilities or to accommodate more students.

Sec. 39. Income from other Sources. — Government-supported educational institution may receive
grants, legacies, donations and gifts for purposes allowed by existing laws.

Furthermore, income generated from production activities and from auxiliary enterprises may be
retained and used for schools concerned in accordance with rules and regulations jointly issued
consistently with pertinent appropriation and budgetary laws by the Ministry of the Budget, the
Ministry of Education, Culture and Sports and the Commission on Audit.

B. FUNDING OF PRIVATE SCHOOLS

Sec. 40. Funding of Private Schools. — Private schools may be funded from their capital investment
or equity contributions, tuition fees and other school charges, grants, loans, subsidies, passive
investment income and income from other sources.

Sec. 41. Government Assistance. — The government, in recognition of their complementary role in
the educational system, may provide aid to the programs of private schools in the form of grants or
scholarships, or loans from government financial institutions: Provided, That such programs meet
certain defined educational requirements and standards and contribute to the attainment of national
development goals.

Sec. 42. Tuition and Other Fees. — Each private school shall determine its rate of tuition and other
school fees or charges. The rates and charges adopted by schools pursuant to this provision shall be
collectible, and their application or use authorized, subject to rules and regulations promulgated by the
Ministry of Education, Culture and Sports.

Sec. 43. Income from Other Sources. — Any private school duly recognized by the government, may
receive any grant and legacy, donation, gift, bequest or devise from any individual, institution,
corporation, foundation, trust of philanthropic organization, or research institution or organization as
may be authorized by law.

Furthermore, private schools are authorized to engage in any auxiliary enterprise to generate income
primarily to finance their educational operations and/or to reduce the need to increase students' fees.

Sec. 44. Institutional Funds. — The proceeds from tuition fees and other school charges, as well as
other income of schools, shall be treated as institutional funds. Schools may pool their institutional
funds, in whole or in part, under joint management for the purpose of generating additional financial
resources.
C. INCENTIVES TO EDUCATION

Sec. 45. Declaration of Policy. — It is the policy of the State in the pursuit of its national education
development goals to provide an incentive program to encourage the participation of the community in
the development of the educational sector.

Sec. 46. Relating to School Property. — Real property, such as lands, buildings and other
improvements thereon used actually, directly and exclusively for educational purposes shall be subject
to the real property tax based on an assessment of fifteen per cent of the market value of such property:
Provided, That all the proceeds from the payment thereof shall accrue to a special private education
fund which shall be managed and disbursed by a local private school board which shall be constituted in
each municipality or chartered city with private educational institutions with the mayor or his
representative as chairman and not more than two representatives of the institutional taxpayers, and,
likewise, not more than two residents of the municipality or chartered city who are alumni of any of the
institutional taxpayers as members: Provided, further, That fifty percent of the additional one percent
tax on real estate property provided for under Republic Act 5447, shall accrue to the special private
education fund: Provided, finally, That in municipalities or chartered cities wherein the number of
private institutions with individual enrollment of pupils and students over five thousand exceeds fifteen,
the members of the private school board shall be increased to not more than fourteen members
determined proportionately by the Minister of Education, Culture and Sports. The private school board
shall adopt its own rules which shall enable it to finance the annual programs and projects of each
institutional taxpayer for the following purposes; student-pupil scholarships; improvement of
instructional, including laboratory, facilities and/or equipment; library books and periodicals
acquisition; and extension service in the community, in that order of priority.

Sec. 47. Relating to Gifts or Donations to Schools. — All gifts or donation in favor of any school,
college or university recognized by the Government shall not be subject to tax; Provided, That such gifts
or donations shall be for improvement of classrooms and laboratory of library facilities, and shall not
inure to the benefit of any officer, director, official, or owner or owners of the school, or paid out as
salary, adjustments or allowance of any form or nature whatsoever, except in support of faculty and/or
professorial chairs.

Sec. 48. Relating to Earnings from Established Scholarship Funds. — All earnings from the
investment of any duly established scholarship fund of any school recognized by the government,
constituted from gifts to the school, and/or from contributions or other resources assigned to said fund
by the school, if said earnings are actually used to fund additional scholarship grants to financially
deserving students shall be exempt from tax until the scholarship fund is fully liquidated, when the
outstanding balance thereof shall be subject to tax.

Sec. 49. School Dispersal Program. — All gains realized from the sale, disposition or transfer of
property, real or personal, of any duly established private school, college or university, in pursuance of a
school dispersal program of the government or of the educational institution as approved by the
government, shall be considered exempt from tax if the total proceeds of the sale are reinvested in a new
or existing duly established school, college, or university located in the dispersal site, within one (1) year
from the date of such sale, transfer or disposition; otherwise, all taxes due on the gains realized from the
transaction shall immediately become due and payable.

Sec. 50. Conversion to Educational Foundations. — An educational institution may convert itself
into a non-stock, non-profit educational foundation, in accordance with the implementing rules to be
issued jointly by the Ministry of Education, Culture and Sports and the Ministry of Finance.

In the case of stock corporations, if for any reason its corporate existence as an educational institution
ceases and is not renewed, all its net assets after liquidation of the liabilities and other obligations may
be conveyed and transferred to any non-profit educational institution or successor non-profit
educational institution or to be used in such manner as in the judgment of said court will best
accomplish the general purposes for which the dissolved organization was organized, or to the State.

D. ASSISTANCE TO STUDENTS
 Sec. 51. Government Assistance to Students. — The government shall provide financial assistance to
financially disadvantaged and deserving students. Such assistance may be in the form of State
scholarships, grants-in-aid, assistance from the Educational Loan Fund, or subsidized tuition rates in
State colleges and universities.

All the above and similar assistance programs shall provide for reserve quotas for financially needed but
academically qualified students from the national cultural communities.

Sec. 52. Grant of Scholarship Pursuant to Existing Laws. — Educational institutions shall be
encouraged to grant scholarships to students pursuant to the provisions of existing laws and such
scholarship measures as may hereafter be provided for by law.

Sec. 53. Assistance from the Private Sector. — The private sector, especially educational institutions,
business and industry, shall be encouraged to grant financial assistance to students, especially those
undertaking research in the fields of science and technology or in such projects as may be necessary
within the context of national development.

IV. THE MINISTRY OF EDUCATION, CULTURE AND SPORTS

CHAPTER 1: General Provisions

Sec. 54. Declaration of Policy. — The administration of the education system and, pursuant to the
provisions of the Constitution, the supervision and regulation of educational institutions are hereby
vested in the Ministry of Education, Culture and Sports, without prejudice to the provisions of the
charter of any state college and university.

Sec. 55. Organization. — The Ministry shall be headed by the Minister of Education, Culture and
Sports who shall be assisted by one or more Deputy Ministers.

The organization of the Ministry shall consist of (a) the Ministry Proper composed of the immediate
Office of the Minister, and the Services of the Ministry, (b) the Board of Higher Education, which is
hereby established, (c) the Bureau of Elementary Education, the Bureau of Secondary Education, the
Bureau of Higher Education, the Bureau of Technical and Vocational Education, and the Bureau of
Continuing Education, which are hereby established, (d) Regional offices and field offices, (e) the
National Scholarship Center and such other agencies as are now or may be established pursuant to law,
and (f) the cultural agencies, namely: the National Library, the National Historical Institute, the National
Museum, and the Institute of National Language. Such of the above offices as are created or authorized
to be established under this provision, shall be organized and staffed and shall function, subject to the
approval of the President, upon recommendation of the Minister of Education, Culture and Sports in
consultation with the Presidential Commission on Reorganization.

Sec. 56. The National Board of Education is hereby abolished, and its appropriations, personnel,
records, and equipment are hereby transferred to the Office of the Minister of Education, Culture and
Sports.

Sec. 57. Functions and Powers of the Ministry. — The Ministry shall:

1. Formulate general education objectives and policies, and adopt long-range educational plans;

2. Plan, develop and implement programs and projects in education and culture;

3. Promulgate rules and regulations necessary for the administration, supervision and regulation of the
educational system in accordance with declared policy;

4. Set up general objectives for the school system;

5. Coordinate the activities and functions of the school system and the various cultural agencies under it;

6. Coordinate and work with agencies concerned with the educational and cultural development of the
national cultural communities; and

7. Recommend and study legislation proposed for adoption.

 Sec. 58. Report to the Batasang Pambansa. — The Minister of Education, Culture and Sports shall
make an annual report to the Batasang Pambansa on the implementation of the national basic education
plan, the current condition of the education programs, the adequacy or deficiency of the appropriations
and status of expenditures, the impact of education on the different regions, the growth of enrollment,
the adequacy of academic facilities, the concentration of low income groups, or the supply of teaching
and non-teaching personnel, with such comments and appropriate recommendations thirty (30) days
before the opening of its regular session.

CHAPTER 2: Board of Higher Education

Sec. 59. Declaration of Policy. — Higher education will be granted towards the provision of better
quality education, the development of middle and high-level manpower, and the intensification of
research and extension services. The main thrust of higher education is to achieve equity, efficiency, and
high quality in the institutions of higher learning both public and private, so that together they will
provide a complete set of program offerings that meet both national and regional development needs.

Sec. 60. Organization of the Board of Higher Education. — The Board of Higher Education is
reconstituted as an advisory body to the Minister of Education, Culture and Sports. The Board shall be
composed of a Deputy Minister of Education, Culture and Sports designated as Chairman and four other
members to be appointed by the President of the Philippines upon nomination by the Minister of
Education, Culture and Sports for a term of four years. The four members shall have distinguished
themselves in the field of higher education and development either in the public or private sector. In the
initial appointment of the non-ex officio members, the first appointee shall serve for a term of four
years; the second for a term of three years; the third for a term of two years; and the fourth for a term of
one year. The Director of the Bureau of Higher Education shall participate in the deliberation of the
Board but without the right to vote. The Bureau of Higher Education shall provide the Board with the
necessary technical and staff support: Provided, That the Board may create technical panels of experts in
the various disciplines as the need arises.

Sec. 61. Function of the Board of Higher Education. — The Board shall:

1. Make policy recommendations regarding the planning and management of the integrated system of higher
education and the continuing evaluation thereof.

2. Recommend to the Minister of Education, Culture and Sports steps to improve the governance of the
various components of the higher education system at national and regional levels.

3. Assist the Minister of Education, Culture and Sports in making recommendation relatives to the generation
of resources and their allocation for higher education.

CHAPTER 3: The Bureaus

Sec. 62. Bureau of Elementary Education. — The Bureau shall perform the following functions:

1. Conduct studies and formulate, develop, and evaluate programs and educational standards for elementary
education;

2. Undertake studies necessary for the preparation of prototype curricular designs, instructional materials,
and teacher training programs for elementary education; and

3. Formulate guidelines to improve elementary school physical plants and equipment, and general
management of these schools.

Sec. 63. Bureau of Secondary Education. — The Bureau shall perform the following functions:

1. Conduct studies and formulate, develop and evaluate programs and educational standards for secondary
education;

2. Develop curricular designs, prepare instructional materials, and prepare and evaluate programs to update
the quality of the teaching and non-teaching staff at the secondary level;

3. Formulate guidelines to improve the secondary school physical plants and equipment, and general
management of these schools.
 Sec. 64. Bureau of Technical and Vocational Education. — The Bureau shall perform the following:

1. Collaborate with other agencies in the formulation of manpower plans;

2. Conduct studies, formulate, develop and evaluate post-secondary vocational-technical programs and
recommend educational standards for these programs;

3. Develop curricular designs and prepare instructional materials, prepare and evaluate programs to upgrade
the quality of teaching and non-teaching staff, and formulate guidelines to improve the physical plant
and equipment of post-secondary vocational-technical schools.

Sec. 65. Bureau of Higher Education. — The Bureau of higher Education shall perform the following
functions:

1. Develop, formulate and evaluate programs, projects and educational standards for a higher education;

2. Provide staff assistance to the Board of Higher Education in its policy formulation and advisory functions;

3. Provide technical assistance to encourage institutional development programs and projects;

4. Compile, analyze and evaluate data on higher education; and

5. Perform other functions provided for by law.

Sec. 66. Bureau of Continuing Education. — As the main implementing arm of the non-formal
education programs of the Ministry, the Bureau shall provide learning programs or activities that shall:

1. Serve as a means of meeting the learning needs of those unable to avail themselves of the educational
services and programs of formal education;

2. Provide opportunities for the acquisition of skills necessary to enhance and ensure continuing
employability, efficiency, productivity, and competitiveness in the labor market;

3. Serve as a means for expanding access to educational opportunities to citizens of varied interests,
demographic characteristics and socio-economic origins or status.

CHAPTER 4: Regional Offices

Sec. 67. Functions. — A regional office shall:

1. Formulate the regional plan of education based on the national plan of the Ministry taking into account the
specific needs and special traditions of the region;

2. Implement education laws, policies, plans, programs, rules and regulations of the Ministry or agency in the
regional area;

3. Provide economical, efficient and effective education services to the people in the area. chanrobles virtual
law library

V. MISCELLANEOUS PROVISIONS

CHAPTER 1: Penal/Administrative Sanctions

Sec. 68. Penalty Clause. — Any person upon conviction for an act in violation of Section 28, Chapter 3,
Title III above, shall be punished with a fine of not less than two thousand pesos (P2,000.00) nor more
than ten thousand pesos (P10,000.00) or imprisonment for a maximum period of two (2) years, or both,
in the discretion of the court.

If the act is committed by a school corporation, the school head together with the person or persons
responsible for the offense or violation shall be equally liable.

Sec. 69. Administrative Sanction. — The Minister of Education, Culture and Sports may prescribe and
impose such administrative sanction as he may deem reasonable and appropriate in the implementing
rules and regulations promulgated pursuant to this Act for any of the following causes:
1. Mismanagement of school operations;

2. Gross inefficiency of the teaching or non-teaching personnel;

3. Fraud or deceit committed in connection with the application for Ministry permit or recognition;

4. Failure to comply with conditions or obligations prescribed by this Code or its implementing rules and
regulations; and

5. Unauthorized operation of a school or course, or any component thereof, or any violation of the
requirement governing advertisements or announcements of educational institutions.

Sanctions against the schools shall be without prejudice to the interest of the students, teachers and
employees.

CHAPTER 2: Administrative Provisions

Sec. 70. Rule-making Authority. — The Minister Education, Culture and Sports charged with the
administration and enforcement of this Act, shall promulgate the necessary implementing rules and
regulations.

Sec. 71. Separability Provision. — Any part or provision of this Act which may held invalid or
unconstitutional shall not affect its remaining parts of provisions.

Sec. 72. Repealing Clause. — All laws or parts thereof inconsistent with any provision of this Act shall
be deemed repealed or modified, as the case may be.

Sec. 73. Effectivity. — This Act shall take effect upon its approval.

Approved: September 11, 1982

REPUBLIC ACT NO. 10627

Anti-Bullying Act of 2013

AN ACT REQUIRING ALL ELEMENTARY AND SECONDARY SCHOOLS TO ADOPT POLICIES TO PREVENT AND
ADDRESS THE ACTS OF BULLYING IN THEIR INSTITUTIONS

SECTION 1. Short Title. – This Act shall be known as the “Anti-Bullying Act of 2013”.

SEC. 2. Acts of Bullying. – For purposes of this Act, “bullying” shall refer to any severe or repeated use
by one or more students of a written, verbal or electronic expression, or a physical act or gesture, or any
combination thereof, directed at another student that has the effect of actually causing or placing the
latter in reasonable fear of physical or emotional harm or damage to his property; creating a hostile
environment at school for the other student; infringing on the rights of the other student at school; or
materially and substantially disrupting the education process or the orderly operation of a school; such
as, but not limited to, the following:

a. Any unwanted physical contact between the bully and the victim like punching, pushing, shoving, kicking,
slapping, tickling, headlocks, inflicting school pranks, teasing, fighting and the use of available objects as
weapons;

b. Any act that causes damage to a victim’s psyche and/or emotional well-being;

c. Any slanderous statement or accusation that causes the victim undue emotional distress like directing foul
language or profanity at the target, name-calling, tormenting and commenting negatively on victim’s
looks, clothes and body; and

d. Cyber-bullying or any bullying done through the use of technology or any electronic means.

SEC. 3. Adoption of Anti-Bullying Policies. – All elementary and secondary schools are hereby directed
to adopt policies to address the existence of bullying in their respective institutions. Such policies shall
be regularly updated and, at a minimum, shall include provisions which:
(a) Prohibit the following acts:

(1) Bullying on school grounds; property immediately adjacent to school grounds; at school-sponsored or
school-related activities, functions or programs whether on or off school grounds; at school bus stops;
on school buses or other vehicles owned, leased or used by a school; or through the use of technology or
an electronic device owned, leased or used by a school;

(2) Bullying at a location, activity, function or program that is not school-related and through the use of
technology or an electronic device that is not owned, leased or used by a school if the act or acts in
question create a hostile environment at school for the victim, infringe on the rights of the victim at
school, or materially and substantially disrupt the education process or the orderly operation of a
school; and

(3) Retaliation against a person who reports bullying, who provides information during an investigation of
bullying, or who is a witness to or has reliable information about bullying;

(b) Identify the range of disciplinary administrative actions that may be taken against a perpetrator for
bullying or retaliation which shall be commensurate with the nature and gravity of the offense:
Provided, That, in addition to the disciplinary sanctions imposed upon a perpetrator of bullying or
retaliation, he/she shall also be required to undergo a rehabilitation program which shall be
administered by the institution concerned. The parents of the said perpetrator shall be encouraged by
the said institution to join the rehabilitation program;

(c) Establish clear procedures and strategies for:

(1) Reporting acts of bullying or retaliation;

(2) Responding promptly to and investigating reports of bullying or retaliation;

(3) Restoring a sense of safety for a victim and assessing the student’s need for protection;

(4) Protecting from bullying or retaliation of a person who reports acts of bullying, provides information
during an investigation of bullying, or is witness to or has reliable information about an act of bullying;
and

(5) Providing counseling or referral to appropriate services for perpetrators, victims and appropriate family
members of said students;

(d) Enable students to anonymously report bullying or retaliation: Provided, however, That no disciplinary
administrative action shall be taken against a perpetrator solely on the basis of an anonymous report;

(e) Subject a student who knowingly makes a false accusation of bullying to disciplinary administrative
action;

(f) Educate students on the dynamics of bullying, the anti-bullying policies of the school as well as the
mechanisms of such school for the anonymous reporting of acts of bullying or retaliation;

(g) Educate parents and guardians about the dynamics of bullying, the anti-bullying policies of the school and
how parents and guardians can provide support and reinforce such policies at home; and

(h) Maintain a public record of relevant information and statistics on acts of bullying or retaliation in school:
Provided, That the names of students who committed acts of bullying or retaliation shall be strictly
confidential and only made available to the school administration, teachers directly responsible for the
said students and parents or guardians of students who are or have been victims of acts of bullying or
retaliation.

All elementary and secondary schools shall provide students and their parents or guardians a copy of
the anti-bullying policies being adopted by the school. Such policies shall likewise be included in the
school’s student and/or employee handbook and shall be conspicuously posted on the school walls and
website, if there is any.
 The Department of Education (DepED) shall include in its training programs, courses or activities which
shall provide opportunities for school administrators, teachers and other employees to develop their
knowledge and skills in preventing or responding to any bullying act.

SEC. 4. Mechanisms to Address Bullying. – The school principal or any person who holds a
comparable role shall be responsible for the implementation and oversight of policies intended to
address bullying.

Any member of the school administration, student, parent or volunteer shall immediately report any
instance of bullying or act of retaliation witnessed, or that has come to one’s attention, to the school
principal or school officer or person so designated by the principal to handle such issues, or both. Upon
receipt of such a report, the school principal or the designated school officer or person shall promptly
investigate. If it is determined that bullying or retaliation has occurred, the school principal or the
designated school officer or person shall:

(a) Notify the law enforcement agency if the school principal or designee believes that criminal charges
under the Revised Penal Code may be pursued against the perpetrator;

(b) Take appropriate disciplinary administrative action;

(c) Notify the parents or guardians of the perpetrator; and

(d) Notify the parents or guardians of the victim regarding the action taken to prevent any further acts of
bullying or retaliation.

If an incident of bullying or retaliation involves students from more than one school, the school first
informed of the bullying or retaliation shall promptly notify the appropriate administrator of the other
school so that both may take appropriate action.

SEC. 5. Reporting Requirement. – All schools shall inform their respective schools division
superintendents in writing about the anti-bullying policies formulated within six (6) months from the
effectivity of this Act. Such notification shall likewise be an administrative requirement prior to the
operation of new schools.

Beginning with the school year after the effectivity of this Act, and every first week of the start of the
school year thereafter, schools shall submit a report to their respective schools division superintendents
all relevant information and statistics on acts of bullying or retaliation. The schools division
superintendents shall compile these data and report the same to the Secretary of the DepED who shall
likewise formally transmit a comprehensive report to the Committee on Basic Education of both the
House of Representatives and the Senate.

SEC. 6. Sanction for Noncompliance. – In the rules and regulations to be implemented pursuant to this
Act, the Secretary of the DepED shall prescribe the appropriate administrative sanctions on school
administrators who shall fail to comply with the requirements under this Act. In addition thereto, erring
private schools shall likewise suffer the penalty of suspension of their permits to operate.

SEC. 7. Implementing Rules and Regulations. – Within ninety (90) days from the effectivity of this Act,
the DepED shall promulgate the necessary rules and regulations to implement the provisions of this Act.

SEC. 8. Separability Clause. – If, for any reason, any provision of this Act is declared to be
unconstitutional or invalid, the other sections or provisions hereof which are not affected thereby shall
continue to be in full force or effect.

SEC. 9. Repealing Clause. – All laws, decrees, orders, rules and regulations or parts thereof which are
inconsistent with or contrary to the provisions of this Act are hereby repealed, amended or modified
accordingly.

SEC. 10. Effectivity. – This Act shall take effect fifteen (15) days after its publication in at least two (2)
national newspapers of general circulation.
REPUBLIC ACT NO. 7877
Anti-Sexual Harassment Act of 1995

AN ACT DECLARING SEXUAL HARASSMENT UNLAWFUL IN THE EMPLOYMENT, EDUCATION OR TRAINING

ENVIRONMENT, 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 "Anti-Sexual Harassment Act of 1995."

SECTION 2. Declaration of Policy. - The State shall value the dignity of every individual, enhance the
development of its human resources, guarantee full respect for human rights, and uphold the dignity of
workers, employees, applicants for employment, students or those undergoing training, instruction or
education. Towards this end, all forms of sexual harassment in the employment, education or training
environment are hereby declared unlawful.

SECTION 3. Work, Education or Training -Related, Sexual Harassment Defined. - Work, education
or training-related sexual harassment is committed by an employer, employee, manager, supervisor,
agent of the employer, teacher, instructor, professor, coach, trainor, or any other person who, having
authority, influence or moral ascendancy over another in a work or training or education environment,
demands, requests or otherwise requires any sexual favor from the other, regardless of whether the
demand, request or requirement for submission is accepted by the object of said Act.

(a) In a work-related or employment environment, sexual harassment is committed when:

(1) The sexual favor is made as a condition in the hiring or in the employment, re-employment or continued
employment of said individual, or in granting said individual favorable compensation, terms of
conditions, promotions, or privileges; or the refusal to grant the sexual favor results in limiting,
segregating or classifying the employee which in any way would discriminate, deprive or diminish
employment opportunities or otherwise adversely affect said employee;

(2) The above acts would impair the employee's rights or privileges under existing labor laws; or

(3) The above acts would result in an intimidating, hostile, or offensive environment for the employee.

(b) In an education or training environment, sexual harassment is committed:

(1) Against one who is under the care, custody or supervision of the offender;

(2) Against one whose education, training, apprenticeship or tutorship is entrusted to the offender;

(3) When the sexual favor is made a condition to the giving of a passing grade, or the granting of honors and
scholarships, or the payment of a stipend, allowance or other benefits, privileges, or consideration; or

(4) When the sexual advances result in an intimidating, hostile or offensive environment for the student,
trainee or apprentice.

Any person who directs or induces another to commit any act of sexual harassment as herein defined, or
who cooperates in the commission thereof by another without which it would not have been committed,
shall also be held liable under this Act.

SECTION 4. Duty of the Employer or Head of Office in a Work-related, Education or Training

Environment. - It shall be the duty of the employer or the head of the work-related, educational or
training environment or institution, to prevent or deter the commission of acts of sexual harassment
and to provide the procedures for the resolution, settlement or prosecution of acts of sexual
harassment. Towards this end, the employer or head of office shall:

(a) Promulgate appropriate rules and regulations in consultation with and joint1y approved by the
employees or students or trainees, through their duly designated representatives, prescribing the
procedure for the investigation of sexual harassment cases and the administrative sanctions therefor.
 Administrative sanctions shall not be a bar to prosecution in the proper courts for unlawful acts of
sexual harassment.

The said rules and regulations issued pursuant to this subsection (a) shall include, among others,
guidelines on proper decorum in the workplace and educational or training institutions.

(b) Create a committee on decorum and investigation of cases on sexual harassment. The committee shall
conduct meetings, as the case may be, with officers and employees, teachers, instructors, professors,
coaches, trainors, and students or trainees to increase understanding and prevent incidents of sexual
harassment. It shall also conduct the investigation of alleged cases constituting sexual harassment.

In the case of a work-related environment, the committee shall be composed of at least one (1)
representative each from the management, the union, if any, the employees from the supervisory rank,
and from the rank and file employees.

In the case of the educational or training institution, the committee shall be composed of at least one (1)
representative from the administration, the trainors, instructors, professors or coaches and students or
trainees, as the case may be.

The employer or head of office, educational or training institution shall disseminate or post a copy of
this Act for the information of all concerned.

SECTION 5. Liability of the Employer, Head of Office, Educational or Training Institution. - The
employer or head of office, educational or training institution shall be solidarily liable for damages
arising from the acts of sexual harassment committed in the employment, education or training
environment if the employer or head of office, educational or training institution is informed of such acts
by the offended party and no immediate action is taken.

SECTION 6. Independent Action for Damages. - Nothing in this Act shall preclude the victim of work,
education or training-related sexual harassment from instituting a separate and independent action for
damages and other affirmative relief.

SECTION 7. Penalties. - Any person who violates the provisions of this Act shall, upon conviction, be
penalized by imprisonment of not less than one (1) month nor more than six (6) months, or a fine of
not less than Ten thousand pesos (P10,000) nor more than Twenty thousand pesos (P20,000), or both
such fine and imprisonment at the discretion of the court.

Any action arising from the violation of the provisions of this Act shall prescribe in three (3) years.

SECTION 8. Separability Clause. - If any portion or provision of this Act is declared void or
unconstitutional, the remaining portions or provisions hereof shall not be affected by such declaration.

SECTION 9. Repealing Clause. - All laws, decrees, orders, rules and regulations, other issuances, or
parts thereof inconsistent with the provisions of this Act are hereby repealed or modified accordingly.

SECTION 10. Effectivity Clause.- This Act shall take effect fifteen (15) days after its complete
publication in at least two (2) national newspapers of general circulation.