Taurean Tiger

2011-10-21T21:59:00.000-07:00

Republic of the Philippines
Congress of the Philippines
Metro Manila

Twelfth Congress
Third Regular Session

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

Republic Act No. 9258 March 2, 2004

AN ACT PROFESSIONALIZING THE PRACTICE OF GUIDANCE AND COUNSELING AND CREATING FOR THIS PURPOSE A PROFESSIONAL REGULATORY BOARD OF GUIDANCE AND COUNSELING, APPROPRIATING FUNDS THEREFOR AND FOR OTHER PURPOSES

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

ARTICLE I
TITLE, DECLARATION OF POLICY, DEFINITION OF TERMS

Section 1. Title. - This Act shall be known as the "Guidance and Counseling Act of 2004,"

Section 2. Declaration of Policy. - It is hereby declared a policy of the Senate to promote the improvement, advancement and protection of the guidance and counseling services profession by undertaking and instituting measures that will result in professional, ethical, relevant, efficient, and effective guidance and counseling services for the development and enrichment of individuals and group lives.

The State recognizes the important role of guidance and counselors in nation-building and promotes the sustained development of reservoir of guidance and counselors whose competence have been determined by honest and credible licensure examinations whose standards of professional practice and service are world-class and Internationally recognized, globally competitive through preventive regulatory measures, programs and activities that foster their continuing professional development.

Section 3. Definition of Terms. - As used in this Act, the following terms shall mean:

a)Guidance and Counseling is a profession that involves the use of an integrated approach to the development of a well-functioning individual primarily by helping him/her potentials to the fullest and plan him/her to utilize his/her potentials to the fullest and plan his/her future in accordance with his/her abilities, interests and needs. It includes functions such as counseling subjects, particularly subjects given in the licensure examinations, and other human development services.

b) A guidance counselor is a natural person who has been registered and issued a valid Certificate of Registration and a valid Professional Identification Card by the Professional Regulatory Board of Guidance and Counseling and the Professional Regulatory Commission (PRC) in accordance with this Act and by virtue of specialized training performs for a fee, salary or other forms of compensation, the functions of guidance and counseling under Section 3 (a) of this Act.

ARTICLE II
THE PROFESSIONAL REGULATORY BOARD OF COUNSELING

Section 4. Creation of Professional Regulatory Board of Guidance and Counseling - There shall be created a Professional Regulatory Board of Guidance and Counseling, hereinafter referred to as the Board, Under the administrative control and supervision of the Professional Regulatory Commission, hereinafter referred to as the Commission, to be composed of a Chairman and two (2) members who shall be appointed by the Philippines from a list of three (3) recommendees for each position submitted by the Commission from a list of five (5) nominees for each position submitted by the accredited and integrated organization of guidance counselors.

Section 5. Powers, Functions, Duties and Responsibilities of the Board. - The professional Regulatory Board shall have the following specific powers, duties and responsibilities.

(a) Supervise and regulate the practice of Guidance and Counseling;

(b) Determine and evaluate the qualifications of the applicants for registration with or without licensure examinations and for issuance of special permits;

(c) Prepare the examination questions in accordance with Section 15 hereof or the modification thereof, and correct and rate the examination papers through a process of computerization;

(d) Prepare, adopt issue or amend the syllabi for the subjects in the licensure examination, in consultation with the Commission on Higher Education (CHED), the academe and the accredited professional organizations;

(e) Register successful examinees in the licensure examination and issue the corresponding certificates of registration ;

(f) Issue special/temporary permits to foreign guidance counselors to practice Guidance and Counseling for specific duration of time for a fee or on medical mission without a fee;

(g) Monitor the conditions affecting the practice of Guidance Counseling, conduct ocular inspection of places where guidance counselors practice their profession and adopt measures for the enhancement of the profession and the maintenance of high professional, technical and ethical standards;

(h) Ensure, in coordination with the CHED, that all education institutions offering the course/program of Guidance and Counseling comply with the policies, standards and requirements of the said course prescribed by the CHED in the areas of curriculum, faculty, library and facilities;

(i) Promulgate rules and regulations including a Code of Ethics, a Code of Technical Standards for guidance counselors and administrative policies, orders and issuances, to carry out the provisions of this Act.

(j) Investigates violations of this Act and the Rules and Regulations, Code of Ethics Code of Technical Standards, administrative policies, orders and issuances, promulgated by the Professional Regulatory Board. The Rule on administrative investigation promulgated by the Commission shall govern in such investigation;

(k) Issue subpoena or subpoena duces tecum to secure the attendance of respondents or witnesses or the production of documents relative to the investigation conducted by the Board;

(l) Render decision, order or resolution on preliminary investigation or inquiry against violators of this Act, Rules and Regulations, Code of Ethics, Code of Technical Standards or any policy on undocketed cases and the docketed administrative cases against examinees and registrants, which shall become final and executory unless appealed with the Commission within fifteen (15) days from receipt of the copy thereof;

(m) Issue, suspend, revoke or re-issue any license for the practice of Guidance and Counseling as defined in this Act.

(n) Administer oaths necessary for the effective Implementation of this Act;

(o) Initiate criminal action against any violator of this Act and/or the rules and regulation of the Board;

(p) Adopt the official seal of the Board;

(q) Prescribed guidelines and criteria on the continuing professional education (CPE);

(r) Adopt such measures necessary and proper for the maintenance of high ethical and professional standards in the practice of the profession; and

(s) Perform such other functions and duties as may be necessary to effectively implement this Act.

The policies resolutions and rules and regulations issued or promulgated by the Professional Regulatory Board shall be subject to review and approval by the Commission; however, the Board's decisions, resolutions orders which are not interlocutory, rendered in an administrative case, shall be subject to review only if on appeal with the Commission. The decision of the Board and/or the Commission may be appealed to the Court of Appeals in accordance with the Rules of Court.

Section 6. Qualification of Professional Regulatory Board Members. - The Chairman and members of the Professional Regulatory Board, at the time of their appointment shall;

(a) Be a citizen of the Republic of the Philippines ;

(b) Be a resident of the country for at least five(5) years immediately prior to his/her appointment ;

(c) Be of good moral character and must not have been convicted of any crime involving moral turpitude;

(d) Be a qualified guidance counselor holding a valid Certificate of Registration; Provided, That in the case of the first members of the Board of Guidance and Counseling, they shall be issued Certificates of Registration as guidance counselors without prior examination;

(e) Be a holder of a doctoral degree in Guidance and Counseling from a reputable college or university duly recognized by the CHED and/or by a duly accredited college or university abroad;

(f) Have at least ten (10) years of continuous professional practice as guidance counselor or counselor educator under this Act.

(g) Not be a member of the faculty of any school, college, or university where regular and/or review courses in guidance and counseling education is taught nor have any pecuniary interest in such institution; and

(h) Not be an official of the integrated and accredited national professional organization.

Section 7. Term of Office. - The members of the Board shall hold office for a term of three (3) years or until their successors shall have been appointed and qualified. They may, however, be reappointed for a second term. Of the members to be appointed for the first Board, one (1) member shall hold office as Chairman for three (3) years; one (1) as member for two (2) years; and one (1) member for a term of one (1) year. Any vacancy in the Board shall be filled for the unexpired portion of the term only. Each member shall take the proper oath prior to assumption duty.

Section 8. Administrative Supervision of the Board, Custodian of its Records, Secretariat and Support Services. - All records of the Board, including application for examination and administrative and other investigative cases shall be under the custody of the Commission. The Commission shall designate the Secretary of the Board and shall provide the secretariat and support services to implement the provision of this Act.

Section 9. Compensation and Allowances of the Board. - The Chairman and members of the Boards shall received the compensation and allowances comparable to the compensation and allowances received by the chairman and members of existing regulatory board under the Commission as provided for in he General Appropriations Act.

Section 10. Grounds for Suspension and Removal of Board Members. - The president of the Philippines, upon the recommendation of the Commission, after giving the concerned member an opportunity to defend himself/herself a proper administrative investigation to be conducted by the Commission, may remove and suspend any member on the following grounds:

(a) neglect of duty or incompetence

(b) violating or tolerance of violating this Act or the Code of Ethics and Code of Professional and Technical Standards for guidance counselors;

(c) conviction by final judgement of crimes involving moral turpitude;

(d) manipulation of rigging of the licensure examination results, disclosure of secret information or the examination, or tampering of the grades therein; or

(e) conviction by the final judgement of any criminal offense by the courts.

Section 11. Annual Report. - The Chairman of the Board, shall after the close of the fiscal year, submit an annual report to the commission, giving a detailed accounting of the proceedings of the Board during the year and embodying such recommendation as the Board may desire to make.

ARTICLE III
EXAMINATION, REGISTRATION AND LICENSURE

Section 12. Examination Required - All applicants for registration for the practice of Guidance and Counseling shall be required to undergo a licensure examination to be given by the Board and the Commission in such places and dates as the Commission may designate in accordance with Republic Act No. 8981, subject to compliance with the requirements prescribed by the Commission.

Section 13. Qualification for Examination. - In order to qualify for the examination, an applicant must, at the time of filing the application be:

(a) a citizen of the republic of the Philippines or a foreigner whose country has reciprocity with the Philippines in the practice of Guidance and Counseling;

(b) has not been convicted of any offense involving moral turpitude by a competent court; and

(c) holder of a Bachelor's Degree in Guidance and Counseling or in other Allied Disciplines and a master's degree in Guidance and Counseling from an institution in the Philippines or abroad recognized or accredited by the CHED.

Section 14. Registration Without Taking Licensure Examination. - A person who possesses the pertinent qualifications required for admission in the examination for registration as guidance counselor pursuant to the provisions of this Act maybe registered without examination: Provided, That the applicant files with the Board within two (2) years after its creation, an application for registration and issuance of a Certificate of Registration and Professional Identification Card by submitting credentials showing that the applicant before the effectivity of this Act;

(a) Had been doctoral and masters degree holders in Guidance and Counseling with at least three (3) years of teaching Guidance and Counseling courses and/or full-time counseling practice for the same period;

(b) Had passed at least eighteen (18) units of Master's level courses in Guidance and Counseling such as Counseling Techniques/Theories, Organization or Administration of Guidance Services, Test and Measurements, Group Process/Counseling and Career Guidance/Counseling; and have at least seven (7) years of experience in counseling work; and

(c) Has completed academic requirements for a master's degree in guidance and counseling and have five (5) years experience as full-time guidance counselors.

Section 15. Scope of Examination. - The examination shall cover the following subject areas'

(a) Philosophical, Psychological and Sociological Foundations of Guidance;

(b) Counseling Theories, Tools and Techniques;

(c) Psychological Testing;

(d) Organization and Administration of Guidance Services; and

(e) Group Process and Program Development.

The Board, subject to approval by the Commission, may revise or exclude any of the subjects and their syllabi, and add new ones as the need arises.

Section 16. Report of Rating. - The Board shall, within ten (10) days after the examination, report the ratings obtained by each candidate to the Commission.

Section 17. Ratings in the Examination and Re-examination. - To be qualified as having passed the licensure examination for guidance and counselors, a candidate must have obtained a weighted general average of seventy-five (75%), with no grade lower than sixty (60%) in any given subject. However, an examinee who obtains a weighted average of seventy-five percent (75%) or higher but obtains a rating below sixty percent (60%) within two (2) years from the date of the last examination. The subjects or subjects retaken must have each a rating of no less than seventy-five (75%) in order to qualify as having passed the examination.

Section 18. Oath-Taking. - All successful examinees shall be required to take a professional oath before any member of the Board or any officer of the Commission authorized by the PRC, or any officer authorized by law.

Section 19. Issuance of Certificates of Registration and Professional Identification Card. - A Certificate of Registration as a guidance counselor shall be issued to any applicant who passes the examination or who is registered without examination, bearing the signature of the Commission Chairperson and Chairman and members of the Board, and official Seal of the Board.

A professional identification Card bearing the registration number, date of issuance, expiry date, duly signed by the Commission Chairperson shall likewise be issued to every registrant who has paid the prescribed fee.

Section 20. Roster of Guidance Counselors. - The Board, In coordination with the accredited professional organization, shall kept a roster of the names, residence and office addresses of all registered and licensed guidance counselors and the said roster shall be made available to the public upon request.

Section 21. Integration of Guidance Counselors. - All registered/licensed Guidance Counselors whose names appear in the roster of guidance counselors shall be united and integrated to their automatic membership in a one (1) and only registered and accredited national organization of registered/licensed Guidance Counselor which the Board, subject to approval by the Commission, shall recognized and accredit after consultation with all existing organizations of registered and licensed Guidance Counselors and, if possible with all those who are not members of any of the said organizations. The members in the said integrated and accredited national organizations shall received benefits and privileges appurtenant thereto upon payment of required fees and dues. Membership integrated organization shall not be a bar to membership in any association of Guidance Counselors.

Section 22. Indication of Certificate of Registration Number and Professional Tax Receipts (PTR). - The Guidance Counselors shall be required to indicate his/her Certificate of Registration number, the date of issuance, the period of validity of the license, including the professional tax receipt number on the documents he/she signs, uses or issues in connection with the practice of his/her profession.

Section 23. Practice Through Special/Temporary Permit. - Special/Temporary Permit maybe issued by the Board, subject to the approval of the Commission and payment of the fees the latter has prescribed and charged thereof, to the following persons:

(1) Licensed Guidance Counselors from foreign countries/states whose services are either for a fee or free;

(a) If they are internationally well-known counselors or outstanding experts in any branch or specialty of Guidance and Counseling; and

(b) If their services are urgently and importantly necessary for lack of, or inadequacy of available local specialists/experts for the promotion or advancement of the practice of guidance and counseling through transfer of technology.

(2) Licensed Guidance Counselors from foreign countries/states whose services shall be free and limited to indigent patients in a particular hospital, center or clinic;

(3) Licensed Guidance Counselors from foreign countries/states employed as exchange professors in branch or specialty of Guidance and counseling in schools, colleges, universities offering the course of guidance and counseling.

The permit shall, among other things, include these limitations and conditions for a period of not more than one (1) year subject to renewal, the branch or specialty of guidance and counseling, and the specific place of practice such as clinic, hospital, center, school/college/university offering the course of guidance and counseling. The Board, subject to approval by the Commission, shall prescribe rules and regulations on the implementation of this particular section.

Section 24. Denial, Suspension, Revocation of a Certification of Registration, Cancellation of Special Permit. - The application for registration and the issuance of a Certificate of Registration may be denied for any of these causes:

(a) Conviction of an Offense involving moral, turpitude by a competent court;

(b) Finding of Guilt by the Professional Regulatory Board for immoral and/or dishonorable conduct; and

(c) Declaration by the court of the applicant as being insane

The Certificate of Registration may be revoked or suspended, or the special permit may be cancelled for any of the above- enumerated causes including the following: fraudulent acquisition of Certificate of Registration and/or special permit; abetment or tolerance of illegal practice by unqualified person through the use by the latter of Guidance Counselor's Certificate, or special permit; Violation of any provision of this Act, Rules and Regulations of the Board and Commission and other policies thereof, including the Code of Ethics, and Code of Technical Standards or Guidance Counselors; unethical, immoral, dishonorable or unprofessional conduct; malpractice; guilty of drug or alcohol abuse impairing his/her ability to practice his/her profession; and practice of the profession during period of suspension by one whose Certificate of Registration had been suspended by the Board.

No certificate shall be denied, revoked or suspended or any of the reason herein provided, until after sworn complaint in writing against the applicant or holder thereof shall have been filed and heard in a public hearing or upon request, behind close doors.

Section 25. Reinstatement. - A person may apply to the Board for reinstatement of a certificate the issuance of which has been duly revoked at any time after the expiration of one (1) year from the date of revocation of the said certificate. The application shall be in writing and shall conform to requirement provided by the Board. No certificate shall be reinstated unless the Board is satisfied that a good cause exists to warrant such reinstatement.

Section 26. Appeal. - The decision on the denial or refusal to issue Certificate of Registration, the revocation or suspension of the Certificate of Registration, or cancellation of special permit by the Board shall be final unless appealed to the Commission within fifteen (15) days from receipt of the decision. The decision of the Board and/or Commission may be appealed to the Court of Appeals.

ARTICLE IV
PRACTICE OF GUIDANCE AND COUNSELING

Section 27. Prohibition Against the Practice of Guidance and Counseling. - No person shall (a) engage in the practice of guidance and counseling without a valid Certificate of Registration and the valid Professional Identification Card or a special permit; (b) make representations to the public or to third person as a licensed Guidance Counselor during the time that the licensed has been revoked or suspended, and, (c) allow anybody to use his/her license as guidance counselor to enable such unqualified individual to engage in the practice of guidance and counseling.

No corporation, partnership, association or entity shall operate a guidance and counseling office or center, or otherwise engage in the practice of guidance and counseling without securing a permit from the Board, which shall be issued only after it has satisfied itself that such establishment is properly staffed by duly licensed Guidance Counselors

Any unethical practice of guidance and counseling as may be defined in a Code of ethics and Code of Technical Standards to be prepared by the Board in consultation with Guidance Counselors, is prohibited

Section 28. Right to Privilege Communication for Guidance Counselor. - A certified guidance counselor who is allowed to practice guidance and counseling in accordance with this Act, without the consent of the client, be examined as to any communication or information which has been acquired while attending to such client. The protection accorded herein shall also extend to the records and secretary or clerk of a license guidance counselor, who may not be examined concerning any fact, the knowledge of which has been acquired in such capacity.

Any evidence obtained in violation of this provision shall be inadmissible for any purpose and any proceeding

Section 29. Foreign Reciprocity. - No foreign Guidance Counselor shall be admitted to the examinations, or be given a certificate of Registration, or be entitled to any of the rights and privileges under this Act unless the country or state of which he/she is a subject or citizen permits Filipino Guidance Counselors to Practice within its territorial limits on the same basis as the subjects or citizen of said country or state: Provided, that the requirement for certification of Guidance Counselors in said foreign state or country are substantially the same as those required and contemplated under this Act: Provided, further, That the laws such states or country grant the same privilege to Filipino Guidance Counselors on the same basis as the subjects or citizens of such foreign state or country

Section 30. Funding Provisions.- The Chairperson of the Commission shall include in the Commission's Programs the implementation of this Act, the funding of which shall be included in the General Appropriations Act.

Section 31. Assistance of Law Enforcement Agency. - Any law enforcement agency shall, upon call or request of the Commission or the Board, render assistance in enforcing this Act, including all the rules and regulations promulgated thereunder by prosecuting the violators thereof in accordance with law and the Rules of Court.

Section 32. Implementing Rules and Regulations. - Within sixty (60) days after the effectivity of this Act,

Subject to the approval of the Commission, the Board shall promulgate the necessary rules and regulations, in coordination with the integrated and accredited professional organization, to implement the provisions of this Act, which shall be effective after fifteen (15) days following its publication in the Official Gazette or newspaper of general circulation.

Section 33. Penalty Clause. - Any person who violates any provision of this Act and the rules and regulations issued by the Board and the Commission or commits fraud in the acquisition of Certificate of Registration or Special Permit, shall be punished with imprisonment of not less that six (6) months but not more that eight (8) years, or a fine of not less that Fifty thousand pesos (P50,000.00) but not more than One hundred thousand pesos (P100,000.00) or both in the discretion of the court.

Section 34. Separability Clause.- If any part of this Act is declared unconstitutional, the remaining parts not affected thereby shall continue to be valid and operational

Section 35. Repealing Clause. - All laws, decrees, orders, circulars, rules and regulations and other issuances, which are inconsistent with this Act, are hereby repealed, amended or modified accordingly.

Section 36. Effectivity. - This Act shall take effect one (1) month after its publication in a newspaper of general circulation in the Philippines.

Approved,

FRANKLIN DRILON
President of the Senate

JOSE DE VENECIA JR.
Speaker of the House of Representatives

This Act which a consolidation of House Bill No. 5253 and Senate Bill No. 2126 was finally passed by the House of Representatives and the Senate on January 20, 2004 and February 19, 2004 respectively.

OSCAR G. YABES
Secretary of Senate

ROBERTO P. NAZARENO
Secretary General
House of Represenatives

Approved: March 2, 2004

GLORIA MACAPAGAL-ARROYO
President of the Philippines

2011-10-11T06:37:00.001-07:00

Republic of the Philippines
Congress of the Philippines
Metro Manila

Fourteenth Congress
First Regular Session

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

Republic Act No. 9500 April 29, 2008

AN ACT TO STRENGTHEN THE UNIVERSITY OF THE PHILIPPINES AS THE NATIONAL UNIVERSITY

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

SECTION 1. Short Title. - This Act shall be known as the "University of the Philippines Charter of 2008."

SEC. 2. Declaration of Policy. - The University of the Philippines is hereby declared as the national university.

The State shall promote, foster, nurture and protect the right of all citizens to accessible quality education. Toward this end, it is the policy of the State to strengthen the University of the Philippines as the national university.

SEC. 3. Purpose of the University. - As the national university, a public and secular institution of higher learning, and a community of scholars dedicated to the search for truth and knowledge as well as the development of future leaders, the University of the Philippines shall perform its unique and distinctive leadership in higher education and development. The University shall:

(a) Lead in setting academic standards and initiating innovations in teaching, research and faculty development in philosophy, the arts and humanities, the social sciences, professions and engineering, natural sciences, mathematics, and technology; and maintain centers of excellence in such disciplines and professions;

(b) Serve as a graduate university by providing advanced studies and specialization for scholars, scientists, writers, artist and professionals, specially those who serve on the faculty of state and private colleges and universities;

(c) Serve as a research university in various fields of expertise and specialization by conducting basic and applied research and development, and promoting research in various colleges and universities, and contributing to the dissemination and application of knowledge;

(d) Lead as a public service university by providing various forms of community, public, and volunteer service, as well as scholarly and technical assistance to the government, the private sector, and civil society while maintaining its standards of excellence;

(e) Protect and promote the professional and economic rights and welfare of its academic and non-academic personnel;

(f) Provide opportunities for training and learning in leadership, responsible citizenship, and the development of democratic values, institutions and practice through academic and non-academic programs, including sports and the enhancement of nationalism and national identity;

(g) Serve as a regional and global university in cooperation with international and scientiGc unions, networks of universities, scholarly and professional associations in the Asia-Pacific region and around the world; and

(h) Provide democratic governance in the University based on collegiality, representation, accountability, transparency and active participation of its constituents, and promote the holding of fora for students, faculty, research, extension and professional staff (REPS), staff, and alumni to discuss non-academic issues affecting the University.

SEC. 4. The University System. - The University of the Philippines is a university system and shall be composed of constituent universities established solely by its Board of Regents upon the recommendation of the President of the University. The University of the Philippines System is composed of its existing constituent universities, as follows: University of the Philippines Diliman; University of the Philippines Manila; University of the Philippines Los Baños; University of the Philippines Visayas; University of the Philippines Mindanao; University of the Philippines Baguio; University of the Philippines Open University; and those that may be created in the future. It is referred to in this law as the "National Univerity."

SEC. 5. Academic Freedom. - The national university has the right and responsibility to exercise academic freedom.

SEC. 6. Academic Excellence. - The national university has the responsibility to maintain and enhance its high academic standards in the performance of its functions of instruction, research and extension, and public service.

SEC. 7. Commitment to National Development. - The national university shall harness the expertise of the members of its community and other individuals to regularly study the state of the nation in relation to its quest for national development in the primary areas of politics and economics, among others, identify key concerns, formulate responsive policies regarding these concerns, and give advice and recommendations to Congress and the President of the Philippines.

The Congress of the Republic of the Philippines, the Supreme Court and other lower courts, other government agencies and instrumentalities as well as any constitutional body may request the national university to conduct research or provide advice on any matter involving public policy. The budget for such research or request for advice shall come from the appropriation of these public agencies.

SEC. 8. Social Responsibility. - The national university is committed to serve the Filipino nation and humanity. While it carries out the obligation to pursue universal principles, it must relate its activities to the needs of the Filipino people and their aspirations for social progress and transformation. The national university may provide venues for student volunteerism.

SEC. 9. Democratic Access. - The national university shall take affirmative steps which may take the form of an alternative and equitable admissions process to enhance the access of disadvantaged students, such as indigenous peoples, poor and deserving students, including but not limited to valedictorians and salutatorians of public high schools, and students from depressed areas, to its programs and services.

No student shall be denied admission to the national university by reason solely of age, gender, nationality, religious belief, economic status, ethnicity, physical disability, or political opinion or affiliation.

The national university recognizes the separation of Church and State. It shall guarantee religious freedom and shall not discriminate on the basis of religion.

SEC. 10. Sports. - The national university shall undertake and support comprehensive sports programs that promote physical education, uphold excellence and encourage competitive participation in sports activities, instill school identity and solidarity, cultivate pride, self-discipline and teamwork which serve as a foundation for fostering active participation in the national university, as well as in nation building.

SEC. 11. Institutional Autonomy as the National University. - To provide greater flexibility, it shall be treated in a manner consistent with its institutional requirements as the national university by the service-wide agencies in the exercise of their respective jurisdiction. Taking into account national goals and priorities, it shall exclusively determine its teaching research and extension thrusts, plans, policies, programs and standard, and on the basis of such determination, the national university shall recommend its annual budget to the President of the Republic of the Philippines and Congress.

SEC. 12. The Board of Regents. -

(1) Composition - The Governance of the national university is vested in a board of regents known as the ":Board of Regents of the University of the Philippines System," hereinafter referred to as the ":Board,": composed of:

(a) The Chairperson of the Commission on Higher Education as Chairperson;

(b) The President of the University of the Philippines System as Co-Chairperson;

(c) The Chairperson of the Senate Committee on Education, Arts and Culture;

(d) The Chairperson of the House Committee on Higher and Technical Education;

(e) The President of the U.P. Alumni Association, to serve as Alumni Regent during his or her incumbency in that position;

(f) One Faculty Regent representing all teaching personnel, chosen in accordance with the rules and qualification set by the constituent university councils to serve for a term of two (2) years;

(g) One Student Regent, to serve for a term of one (1) year, chosen by the students from their ranks in accordance with rules and qualifications approved in a referendum by the students;

(h) One Staff Regent representing the full-time permanent research, extension, and professional staff (REPS) and administrative personnel, and chosen by them from their ranks in accordance with the rules and qualifications set by their duly recognized organizations, to serve for a term of two (2) years; and

(i) Three other Regents who have distinguished themselves in their professions or fields of specialization, to be appointed by the President of the Philippines, considering the recommendation of the Board. At least two (2) of these Regents should be alumni. All these Regents shall each serve for a term of two (2) years: Provided, That the Regents holding office as members of the Board at the time of the effectivity of this Act shall continue to serve until the expiration of their appointments as provided in Executive Order No. 204-A, issued by the President of the Philippines on July 15, 1987.

(2) Vacancy - In case of vacancy in the Board, except for the President of the University, such vacancy shall be filled in the same manner as provided for the predecessor, and such appointee shall hold office for the unexpired portion of the term. In case of a sectoral Regent, membership in the Board ceases upon suspension, separation, or recall.

(3) Compensation - Members of the Board shall serve without compensation other than reimbursement for actual and necessary expenses incurred in attendance to meetings of the Board or other official business authorized by the Board.

(4) Meetings;-Quorum - The Board shall convene regularly. The Chairpersons of the Board may call a special meeting whenever necessary: Provided, That members are notified in writing at least ten (10) working days prior to the meeting: Provided, further, That the notice shall contain a brief description of the agenda items to be discussed.

A majority of all members of the Board holding office at the time the meeting is called shall constitute a quorum for Board meetings.

In no case shall any and all members of the Board appoint representatives to act on their behalf: Provided, That the ex-officio members of the Board coming from Congress may participate and vote through teleconferencing or equivalent verifiable means of communication.

SEC. 13. Powers and Duties of the Board of Regents. - The administration of the national university and the exercise of its corporate powers are vested in the Board of Regents.

The Board shall exercise the following specific powers and duties:

(a) To define in general terms the thrusts of the national university and adopt broad policy guidelines to ensure their implementation;

(b) To preserve the integrity of the national university;

(c) To approve the institution, merger or abolition of academic programs, upon recommendation of the University Council of the constituent university concerned, through the President of the University;

(d) To approve the graduation of students and grant of honors, as recommended by their respective University Councils through the President of the University;

(e) To confer honorary degrees upon persons in recognition of learning, statesmanship, or eminence in literature, science, or art, upon recommendation of a committee created by the President of the University: Provided, That such degrees shall not be conferred in consideration of any payment, gift or other valuable consideration;

(f) To approve the rules on student discipline recommended by the University Councils through the President of the University, with the Board retaining the power to review and pass final judgment on student disciplinary cases;

(g) To create, organize, reorganize, merge or abolish constituent universities, colleges, institutes, and other academic and administrative units of the national university;

(h) To establish professorial chair awards;

(i) To provide fellowships, scholarships and grants, including athletic grants and to award the same to faculty, staff and students having special evidence of merit, especially those who are poor and deserving individuals;

(j) To elect the President of the University for a single term of six (6) years following a process of democratic consultation with the university community based on standards and guidelines set by the Board. In the event of a vacancy, the Board shall elect a president who shall serve a full term. A Chancellor chosen by the Board may act as Officer-in-Charge of the national university when the search process is in progress. In no case shall the search and election of the next President be longer than ninety (90) calendar days from the date when the vacancy occurs;

(k) To appoint faculty members and other officials and employees, to draw up a position classification and compensation plan for its faculty and staff, and, any law to the contrary notwithstanding, to fix and adjust salaries and benefits of the faculty members and other employees: Provided, That salaries and other benefits of the faculty shall be equivalent to those being received by their counterparts in the private sector; to determine the hours of service of faculty and staff, and such other terms and conditions of employment as it may deem proper; to grant leave of absence under such regulations as it may promulgate, any other provisions of law to the contrary notwithstanding; and to remove them for cause as provided by law after due investigation and proper hearing;

(l) To extend, with their consent, the tenure of faculty members of the national university beyond the compulsory retirement age, any other provision of law to the contrary notwithstanding, on recommendation of the units upon endorsement of the President of the national university, whenever their services are especially needed: Provided, however, That no extension of tenure shall be made beyond the age of seventy (70);

(m) To fix the tuition fees and other necessary school charges, as the Board may deem proper to impose, after due and comprehensive consultation with the students concerned. Such fees and charges, including government support and other income generated by the national university, shall constitute special trust funds and shall be deposited in an authorized government depository bank. Any and all interest that shall accrue therefrom shall form part of the same funds for the use of the national university.

Notwithstanding any provision of law to the contrary, all incomes generated by the national university or by its subsidiaries shall, upon their collection, be retained by the national university and disbursed at the discretion of the Board for the professional growth and development, health, welfare, and other benefits of the students, faculty members and other personnel; for the acquisition, construction, maintenance and repair of urgently needed instructional and auxiliary facilities, equipment, buildings and other infrastructure; and for expenses necessary for the attainment of its purposes under its approved program of expenditures.

If the national university, for reasons beyond its control, shall not be able to pursue any project for which funds have been appropriated and allocated under its approved program of expenditures, the Board may authorize the use of said fund for any reasonable purpose for which it deems necessary and urgent for the attainment of the objectives of the national university: Provided, That funds collected from students for a specific purpose shall not be reprogrammed to other expenditures;

(n) To receive and appropriate all sums as may be provided by law for the support of the national university to the ends specified by law, and all other sums in the manner it may, in its discretion, determine to carry out the purposes and functions of the national university;

(o) To authorize the construction, maintenance or repair of its buddings, machinery, equipment and other facilities, and the purchase and acquisition of real and personal properties, including necessary supplies, materials and equipment;

(p) To receive in trust legacies, gifts and donations of real and personal property of all kinds and to administer and dispose the same when necessary for the benefit of the national university and subject to the instructions of the donor, if any;

(q) Notwithstanding any provision of law to the contrary, to authorize its faculty and staff to travel abroad to study, deliver papers, attend conferences and disseminate research: Provided, That the fellowship, scholarship or grant is authorized by the Board: Provided, finally, That research and other activities funded by the national university shall likewise undertake research in fields or topics that have promising commercial applications, and that the faculty and staff involved in said research be allowed to participate in its financial or economic benefits;

(r) To exercise the general powers set out in the Corporation Code;

(s) To delegate any of its powers to the President of the University or other officials or officers as it may deem necessary;

(t) To prescribe rules for its own government and the discipline of the faculty and other personnel and to enact for the government of the national university such general policies, rules and regulations, not contrary to law, as are consistent with its purposes; and

(u) To exercise such powers as may be proper and necessary to carry out the objectives of this Act.

SEC. 14. The President of the University. - The President of the University is the chief academic officer, head of the university faculty and the chief executive officer of the University. The President of the University shall exercise the powers specifically provided for in this Act, those determined by the Board, those which pertain to the office of the president of a university, and those which are related or necessary to its functions. The Board shall determine the compensation of the President of the University.

The President of the University shall be appointed by the Board and shall serve for a single term of six (6) years.

SEC. 15. The Secretary of the University and of the Board of Regents. - There shall be a Secretary of the University appointed by the Board, who shall also be the Secretary of the Board, and who shall keep such records, of the University as may be designated by the Board.

SEC. 16. The University Council. - There shall be in each constituent university a University Council consisting of the Chancellor as Chairperson, and all faculty members in the constituent university holding the rank of assistant professor and higher as members.

SEC. 17. Powers of the University Council. - The University Council shall be the highest academic body of each constituent university and shall exercise the following powers:

(a) Fix the requirements for admission to any college or unit, graduation, and the grant of honors subject to the minimum system-wide requirements;

(b) Prescribe the academic programs including their institution, revision, abolition and merger, subject to the approval of the Board;

(c) Recommend to the Board the graduation of students and the grant of honors;

(d) Exercise disciplinary power over the students, through the Chancellors or their appropriate committees, subject to review by the President of the University according to the limits prescribed by system-wide rules on student discipline;

(e) Undertake the periodic review of academic courses, programs, standards, thrusts and policies; and

(f) Adopt internal rules of procedure consistent with the provisions of this Act.

SEC. 18. The Chancellor of the Constituent University. - The Administration of each constituent university is vested in the Chancellor insofar as authorized by the Board and the President of the University. The Chancellor of the constituent university shall be elected by the Board upon nomination of the President of the University, following a process of consultation with the constituents of the constituent university based on standards and guidelines set by the Board. The Chancellor shall report to the President of the University, and shall perform the duties and functions elsewhere stated in this Act, and all the usual, necessary and related functions of the Office of the Chancellor, subject to the policies and rules prescribed by the Board. The Board shall determine the term and compensation of the Chancellor. If a Chancellor fails to complete his/her term, the President shall appoint an acting Chancellor while a search process is in progress. In no case shall the search and election of the next Chancellor be longer than sixty (60) calendar days from the date when the vacancy occurs.

SEC. 19. The Faculty. - The teaching staff of each college shall constitute its faculty. The College Faculty shall be presided over by a Dean. The Dean shall be elected by the Board upon nomination of the President of the University and recommendation of the Chancellor of the constituent university, following a process of consultation with the constituents of the college based on standards and guidelines set by the Board.

If a Dean fails to complete his/her term, the Chancellor shall appoint an acting Dean while a search process is in progress. In no case shall the search and election of the next Dean be longer than sixty (60) calendar days from the date when the vacancy occurs.

SEC. 20. Appointment Requisites and Practice of Profession. - Faculty members, as well as research, extension and professional staff (REPS) of the national university, shall be exempt as such from any civil service examination or regulation as a requisite to appointment. The provisions of existing law to the contrary notwithstanding, licensing requirements for professional regulatory boards shall not affect appointments to faculty positions. In the appointment of faculty members, no religious test shall be applied, nor shall the religious or political opinions or affiliations of the faculty members of the national university be made subject of examination or inquiry.

SEC. 21. Student Affairs. - (a) There shall be established in the national university the following student councils: for every college and degree-granting institute, a college or institute student council; and for every constituent university, a university student council; and for the University System, a general assembly of all student councils.

The student council shall be composed of elected students of a definite academic unit of the national university. Each member of the student council shall serve for a term of one (1) year, without prejudice to reelection.

The student council shall serve as the primary student body that shall advance the interests, welfare, and aspirations of the students of the national university. It shall have the power to adopt internal rules of procedure consistent with the provisions of this Act.

(b) Subject to due and comprehensive consultation with the students, there shall be a student publication established in every constituent unit and college to be funded by student fees. Freedom of expression and autonomy in all matters of editorial and fiscal policy shall be guaranteed especially in the selection of its editors and staff.

SEC. 22. Land Grants and Other Real Properties of the University. -

(a) The State shall support the University of the Philippines System as the national university in the form of lump sum amount, through general appropriations and other financial benefits, and in kind, through land grants and donations and use of other real properties. To carry out the intent of these grants, income derived from the development of all land grants and real properties shall be used to further the end of the national university, as may be decided by the board;

(b) Such parcels of land ceded by law, decree or presidential issuance to the University of the Philippines are hereby declared to be reserved for the purposes intended. The absolute ownership of the national university over these landholdings, including those covered by original and transfer certificates of title in the name of the University of the Philippines and their future derivatives, is hereby confirmed. Where the issuance of proper certificates of title is yet pending for these landholdings, the appropriate government office shall expedite the issuance thereof within six months from the date of effectivity of this Act: Provided, That all registration requirements necessary for the issuance of the said titles have been submitted and complied with;

(c) The Board may plan, design, approve and/or cause the implementation of land leases: Provided, That such mechanisms and arrangements shall sustain and protect the environment in accordance with law, and be exclusive of the academic core zone of the campuses of the University of the Philippines: Provided, further, That such mechanisms and arrangements shall not conflict with the academic mission of the national university;

(d) The Board may allow the use of the income coming from real properties of the national university as security for transactions to generate additional revenues when needed for educational purposes;

(e) The Board may approve the implementation of joint ventures: Provided, That in the event real properties of the national university are involved, only the income derived by the University from the use of the real properties shall be the subject of its participation or obligation in the joint ventures: Provided, further, That no joint venture shall result in the alienation of the real properties of the national university; and

(f) Any plan to generate revenues and other sources from land grants and other real properties entrusted to the national university shall be consistent with the academic mission and orientation of the national university as well as protect it from undue influence and control of commercial interests: Provided, That such programs, projects or mechanisms shall be approved by the Board subject to a transparent and democratic process of consultatim with the constituents of the national university: Provided, further, That funds generated from such programs, projects or mechanisms shall not be meant to replace, in part or in whole, the annual appropriations provided by the national government to the national university.

SEC. 23. Safeguards on Assets Disposition. - The preservation of the value of the assets of the national university shall be of primordial consideration.

The sale of any existing real property of the national university shall be prohibited: Provided, That the Board may alienate real property donated after the effectivity of this Act if the terms of the donation specifically allow it.

Notwithstanding the provision of this Act or any other law to the contrary, the lease of more than five (5) years of the assets of the national university and any transaction referred to in Section 22 shall be subject to the following conditions and procedures:

(a) The transactions shall be discussed with the members of the Board, in any of its formally convened regular or special meeting, at least one (1) month before a decision is to be made;

(b) The transactions shall be based on a multi-year comprehensive development plan, crafted and developed by qualified urban planning professionals having at least five (5) years experience, with prior consultations with and concurrence of third-party experts and duly approved by a majority vote of all the members of the Board;

(c) The transactions shall be subject to competitive and public bidding as provided under Republic Act No. 9184, otherwise known as the "Government Procurement Reform Act";

(d) In the case of two (2) failed biddings and negotiated transactions, if undertaken, the Board, when considering the approval of any such transaction, shall secure a fairness opinion report from an independent third-party body. This body shall have five (5) members, three (3) of which shall be nominated by the Bankers Association of the Philippines (BAP), Investment Houses Association of the Philippines (IHAP), Trust Officers Association of the Philippines, or the Financial Executive Institute of the Philippines (FINEX). The members shall be entitled to a reasonable per diem as the Board may specify.

The fairness opinion report shall contain a statement expressing the opinion of the body as to the fairness to the national university of the terms of the proposed transaction, particularly its financial terms. The report shall include, but not limited to, a review and analysis of the proposed transaction, financial statements, industry information, economic conditions assumptions using management projections and the assumptions used therein and a comparison of similar transactions: Provided, That if the Board differs with the fairness opinion report they shall justify their decision in writing and make this available to the community of the national university.

This provision shall not apply to leases granted to faculty and staff as part of their benefit and those for academic purposes; and

(e) If the contract or transaction involves an amount more than Fifty Million Pesos (P50,000,000.00), it shall be approved by three-fourths (3/4) of all the members of the Board: Provided, That the splitting of contracts, which is by breaking up a contract into omaller quantities or amounts or dividiizg contract implementation into artificial or arbitrary phases or subcontracts for the purpose of circumventing this provision, shall not be allowed.

SEC. 24. Managenzent of Funds. - (a) There shall be an independent trust committee to be composed of the President of the University, as Chairperson, one (1) representative each nominated by the Bankers Association of the Philippines (BAP), the Investment Houses Association of the Philippines (IHAP), the Trust Officers Association of the Philippines (TOAP) and the Financial Executive Institute of the Philippines (FINEX). The members shall be entitled to a reasonable per diem as the Board may specify. (b) The independent trust committee shall recommend to the Board five (5) universal banks selected on a prudent basis which trust departments shall manage the corporate and other funds through trust agreements of the national university on a non- directed basis: Provided, That any such agreement shall be for a period of not more than two (2) years. (c) The independent trust committee shall provide the Board with direction on appropriate investment objectives and permissible investments with the view to preserving the value of the funds while allowing the University to earn a reasonable return thereon.

SEC. 25. Tax Exemptions. - The provisions of any general or special law to the contrary notwithstanding:

(a) All revenues and assets of the University of the Philippines used for educational purposes or in support thereof shall be exempt from all taxes and duties;

(b) Gifts and donations of real and personal properties of all kinds shall be exempt from the donor's tax and the same shall be considered as allowable deductions from the gross income of the donor, in accordance with the provisions of the National Internal Revenue Code of 1997, as amended: Provided, That the allowable deductions shall be equivalent to 150 percent of the value of such donation. Valuation of assistance other than money shall be based on the acquisition cost of the property. Such valuation shall take into consideration the depreciated value of property in case said property has been used;

(c) Importation of economic, technical, vocational, scientific, philosophical, historical and cultural books, supplies and materials duly certified by the Board, including scientific and educational computer and software equipment, shall be exempt from customs duties;

(d) The University shall only pay 0% value-added tax for all transactions subject to this tax; and

(e) All academic awards shall be exempt from taxes.

SEC. 26. Reportorial Requirements and Auditing of Accounts. - The national university shall submit an annual report to Congress containing the financial statements, statement of assets and liabilities, actual projected income from tuition fees and other revenue sources, contracts and investment entered into pursuant to Section 22 (c) hereof and programs of expenditure. All accounts and disbursements of the national university shall be audited by the Commission on Audit.

SEC. 27. Rules of Construction. - No statutory or other issuances shall diminish the powers, rights, privileges and benefits accorded to the national university under this Act or enjoyed at present, by it under other issuances not otherwise modified or repealed under this Act, unless subsequent legislation expressly provides for their repeal, amendment or modification. Any case of doubt in the interpretation of any of the provisions of this Charter shall be resolved in favor of the academic freedom and fiscal autonomy of the University of the Philippines.

SEC. 28. Appropriations. - The amount needed to carry out the implementation of this Act shall be charged against the lump sum appropriation of the current fiscal year and other internal funds of the national university. Thereafter, such lump sum representing the responsibility of the national government for the continued growth, operatian and maintenance of the national university shall be included in the annual General Appropriations Act (GAA).

The national university may use unexpended balances in any appropriation for purposes that the Board determines.

In addition to the regular appropriations and increases for the university under the annual GAA, a centennial fund shall be appropriated in the amount of One Hundred Million Pesos (P100,000,000.00) per year for a period of five years, which shall likewise be included in the annual GAA.

SEC. 29. Separability Clause. - Should any provision herein be declared unconstitutional, the same shall not affect the validity of the other provisions of this Act.

SEC. 30. Repealing Clause.. - Act No. 1870, as amended, and all laws, decrees, orders, rules, and regulations or other issuances or parts inconsistent with the provisions of this Act are hereby repealed or modified accordingly.

SEC. 31. Effectivity. - This Act shall take effect fifteen (15) days after its publication in the Official Gazette or in any newspaper of general circulation in the Philippines.

Approved,

(Sgd.) PROSPERO C. NOGRALES
Speaker of the House of Representatives

(Sgd.) MANNY VILLAR
President of the Senate

This Act which is consolidation of Senate Bill No. 1964 and House Bill No. 2845 was finally passed by the Senate and the House of Representatives on March 5, 2008 and March 4, 2008 respectively.

(Sgd.) MARILYN B. BARUA-YAP
Secretary General
House of Represenatives

(Sgd.) EMMA LIRIO-REYES
Secretary of Senate

Approved: April 29, 2008

(Sgd.) GLORIA MACAPAGAL-ARROYO
President of the Philippines

2011-10-11T06:25:00.001-07:00

Republic of the Philippines
Congress of the Philippines
Metro Manila

Eighth Congress

Republic Act No. 7168 December 26, 1991

AN ACT CONVERTING THE PHILIPPINE NORMAL COLLEGE INTO A STATE UNIVERSITY TO BE KNOWN AS THE PHILIPPINE NORMAL UNIVERSITY

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

Section 1. The Philippine Normal College in the City of Manila with branches in the Municipality of Prosperidad in the Province of Agusan, Municipality of Alicia in the Province of Isabela, Cadiz City in the Province of Negros Occidental and Municipality of Lopez in the Province of Quezon is hereby converted into a state university to be known as the Philippine Normal University, hereinafter referred to as the University. The main campus of the University shall be in the City of Manila.

Section 2. The University shall primarily provide higher professional and special instructions for special purposes and to promote research and extension services, advance studies and progressive leadership in education and other fields as may be relevant.

Section 3. The University shall offer undergraduate and graduate courses in the fields of education and other degree courses as the Board of Regents may deem necessary to carry out its objectives.

Section 4. The University shall have the general powers of a corporation set forth in the Corporation Law. The Administration of the University and the exercise of its corporate powers shall be vested exclusively in the Board of Regents and the President of the University insofar as authorized by the Board.

Section 5. The governing body of the University shall be the Board of Regents, hereinafter referred to as the Board, which shall be composed of the following:

Secretary of Education, Culture and Sports, Chairman

President of the University, Vice Chairman

Chairman of the Committee on Education of the Senate, Member

Chairman of the Committee of Education of the House of Representatives, Member

Representative of the National Economic and Development Authority, Member

President of the Federation of Faculty Associations of the University, Member

President of the Federation of Supreme Student Councils of the University, Member

In addition, the Board may appoint as members, the following when deemed necessary:

President of the Federation of Employees Associations of the University

Two (2) prominent citizens who have distinguished themselves in the fields of specialization of the University.

The Presidents of the Federation of Alumni Associations and of the Federation of Employees Associations, as well as the two (2) prominent citizens so appointed by the Board shall have the same powers, authority and privileges as the regular members of the Board.

The Secretary of Education, Culture and Sports, the President of the University, the Education Committee Chairmen of the Senate and the House of Representatives, and the representative of the National Economic and Development Authority shall have an ex officio term of office, while the Presidents of the Federation of the Faculty Associations and the Federation of Student Councils and, when deemed necessary, the President of the Federation of Alumni Associations and the Federation of Employee Associations shall serve for one (1) year, and when likewise necessary, the two (2) prominent citizens shall serve for four (4) years and two (2) years, respectively.

For the purpose of the provision of this Section, the associations of faculty, alumni and employees associations and student councils in each campus of the University shall organize their respective federations.

Section 6. The Board shall promulgate and implement policies in accordance with the declared state policies on education and other pertinent provisions of the Constitution on education, arts, culture and sports.

Section 7. The Board shall have the following specific powers and duties in addition to its general powers of administration and the exercise of all the powers granted to the Board of Directors of a corporation under existing laws:

a) To enact rules and regulations not contrary to law as may be necessary to carry out the purposes and functions of the University;

b) To receive and appropriate all sums as may be provided for the support of the University in the manner it may, in its discretion, determine to carry out the purposes and functions of the University;

c) To import duty-free essential commodities, materials and equipment for educational or technological programs as an exception to existing laws, provided such commodities, materials and equipment are not available locally;

d) To receive in trust legacies, gifts and donations of real and personal properties of all kinds and to administer and dispose the same when necessary for the benefit of the University and subject to the limitations, directions and instructions of the donor, if any. Such donations shall be exempt from all taxes and shall be considered as deductible items from the income tax of the donor;

e) To fix tuition fees and other necessary school charges, such as but not limited to matriculation fees, graduation fees and laboratory fees, as the Board may deem proper to impose. Such fees and charges, including government subsidies and other income generated by the University, constituted special trust funds and shall be deposited in any authorized government depository bank. Any and all interests that shall accrue therefrom shall form part of the same funds for the use of the University. Any provisions of existing laws to the contrary notwithstanding, incomes generated by the University, may at the discretion of the Board be disbursed for the professional growth and development, health, welfare and other similar benefits of the faculty members and personnel, for the acquisition, construction, maintenance and repair of urgently needed instructional and auxiliary facilities, equipment, buildings and other infrastructures and for expenses necessary for the attainment of its purposes under this Act. If for any reason, the University shall not be able to pursue any project for which funds have been appropriated for reasons beyond control allocated under its approved program of expenditures, the Board may authorized the use of said funds for any reasonable purpose which in its discretion may be necessary and urgent for the attainment of the objectives and goals of the University;

f) To authorize the construction or repair of its buildings, machines, equipment and other facilities and the purchase and acquisition of real and personal properties, including necessary supplies, materials and equipment. Purchases and other transactions entered into by the University through the Board shall be exempt from all taxes and duties;

g) To confirm appointments of vice presidents, deans, directors, heads of departments, faculty members and other officials and employees of the University made by the President of the University;

h) To fix and adjust salaries of faculty members and administrative officials and employees;

i) To approve the curricula, institutional programs and rules of discipline drawn by the Administrative and Academic Councils as herein provided;

j) To confer degrees upon successful candidates for graduation, to award honorary degrees upon persons in recognition of outstanding contribution in the field of education, or in any field of specialization;

k) To establish branches in the cities and provinces if and when it becomes essential and necessary where there is no existing school offering similar programs or courses to promote and carry out equal access to education opportunities as mandated by the Constitution;

l) To establish chairs in the University and to provide fellowships for qualified faculty members and scholarships to deserving students.

Section 8. A quorum of the Board shall consist of a majority of all members holding office at the time of the meeting: provided, however, that among those present are the Secretary of Education, Culture and Sports who is the Chairman of the Board, or the President of the University who acts as the presiding officer in the former's absence. The Board shall convene regularly once every two (2) months. The Chairman of the Board may call a special meeting whenever necessary.

The members of the Board shall not receive any salary but shall be entitled to reimbursement for actual and necessary expenses incurred either for attendance in meetings of the Board or for other official business authorized by resolution of the Board subject to existing laws on honoraria and allowances.

Section 9. The University shall be headed by a President to be appointed by the President of the Philippines upon recommendation of the Board and shall hold office for a term of six (6) years without reappointment unless he reaches the age of retirement or earlier removed for cause or incapacitated to discharge the duties of the office.

In case of vacancy in the Office of the President of the University by reason of death, resignation, incapacity of the President of the University to perform the functions of his office, or removal for cause, the Board shall have the authority to designate an officer-in-charge of the University pending the appointment of a successor. The new President of the University shall hold office for the unexpired term but in no case shall his term be more than six (6) years subject to the provision of the pending paragraph.

The powers and duties of the President of the University, in addition to those specially provided in this Act, shall be those usually pertaining to the Office of the President of the University.

The salary of the President of the University shall be fixed by the Board and shall be comparable to that being received by the President of similar educational institution of like enrollment and standing.

Section 10. The President of the University, whose term may be terminated according to this Act, shall be entitled to full retirement benefit under existing laws.

Section 11. There shall be an Administrative Council consisting of the President of the University, as Chairman, the vice president(s), deans, directors, and other officials of equal rank, whose duty is to implement the policies governing the administration, management and development planning of the University as provided by the Board.

Section 12. There shall be an Academic Council with the President of the University as Chairman and all the members of the instructional staff with the rank of not lower than assistant professor as members. The Academic Council shall have the power to prescribe curricular offerings subject to the approval of the Board. It shall fix the requirements for admission to the University as well as for graduation and the conferring of degrees subject to review and/or approval by the Board through the President of the University. It shall also have disciplinary power through the President of the University over the student within the limits prescribed by the rules of discipline as approval by the Board.

Section 13. There shall be a Secretary of the University who shall be appointed by the Board upon recommendation of the President of the University. He shall also be the Secretary of the Board and shall keep such records of the University as may be determined by the Board.

Section 14. The Treasurer of the Philippines shall be the ex officio treasurer of the University.

Section 15. Members of the faculty of the University shall be exempt from any civil service examination or regulation as a requisite for appointment. No religious opinion or affiliation shall be a matter of inquiry in the appointment of faculty members of the University: provided, however, that no member of the faculty shall teach for or against any particular church or religious sect.

Section 16. The President, the vice president(s), the deans, the professors and all members of the faculty and other personnel of the University shall be exempt from the rules and regulations of the Office of Compensation and Position Classification and the Civil Service Commission.

Section 17. No student shall be denied admission to the University by reason of sex, nationality, religion or political affiliation.

Section 18. The University shall enjoy academic freedom.

Section 19. The incumbent head of the Philippine Normal College, if qualified under the rules and regulations of the Department of Education, Culture and Sports shall be the officer-in-charge of the University pending the appointment of the President of the University.

Section 20. On or before the fifteenth day of the second month after the opening of regular classes each year, the Board shall file with the Office of the President of the Philippines through the Secretary of Education, Culture and Sports and to both Houses of Congress a detailed report on the progress, conditions and needs of the University.

Section 21. All the assets, fixed and movable, personnel and records of the Philippine Normal College in the City of Manila and its branches in the Municipality of Prosperidad in the Province of Agusan, Municipality of Alicia in the province of Isabela, Cadiz City in the province of Negros Occidental and Municipality of Lopez in the Province of Quezon, as well as liabilities or obligations, are hereby transferred to the University: provided, however, that the positions, rights, and security of tenure of personnel therein employed under existing laws prior to absorption by the University are not impaired: provided, further, that the incumbent of the positions shall remain the same status until otherwise provided for by the Board. All parcels of land belonging to the Government occupied by the Philippine Normal College in the City of Manila and its existing branches are hereby declared to be the property of the Philippine Normal University, and shall be titled under that name: provided, that should the university cease to exist or be abolished or should such parcels of land aforementioned be no longer needed by the University, the same shall revert to the provinces, municipalities or cities where they are located.

Section 22. All accounts and expenses of the University shall be audited by the Commission on Audit or its duly authorized representative.

Section 23. Heads of bureaus and offices of the National Government are hereby authorized to loan or transfer, upon request of the President of the University such apparatus, equipment or supplies as may be needed by the University, and to detail employees for duty therein, when, in the judgment of the head of the bureau or office, such apparatus, equipment, supplies or services of such employees can be spared without serious detriment to the public service. Employees so detailed shall perform such duties as required of them by the President of the University, and the time so employed shall be counted as part of their official service.

Section 24. It shall be a continuing policy of the University to accept the affiliation and/or integration within its operation of any existing national schools whose program can contribute largely and effectively to the attainment of its objectives: provided, however, that in case of integration, the Secretary of Education, Culture and Sports is hereby authorized to determine and approve the specific existing national schools that are to be integrated as part of the University. In this particular case, it is understood that all funds, properties, and other assets as well as obligations of the integrated schools shall be transferred to the University.

Section 25. The appropriations for the Philippine National College and its existing branches, are hereby transferred to the University. Such amount as may be necessary for the continued operation and maintenance of the University shall be included in the annual General Appropriations Act.

Section 26. All laws, presidential decrees, executive orders, rules and regulations contrary to or inconsistent with the provisions of this Act are hereby repealed, amended or modified accordingly.

Section 27. This Act shall take effect upon its approval.

Approved: December 26, 1991.

2011-10-11T06:19:00.000-07:00

Act No. 74, Education Act of 1901

[No. 74.]

AN ACT establishing a department of public instruction in the Philippine Islands, and appropriating forty thousand dollars ($40,000) for the organization and maintenance of a normal, and a trade school in Manila, and fifteen thousand dollars ($15,000) for the organization and maintenance of an agricultural school in the island of Negros for the year 1901

By authority of the President of the United States, be it enacted by the United States Philippine Commission, that:

Section 1. A Department of Public Instruction for the Philippine Islands is hereby established, the central office of which shall be in the city of Manila. All primary instruction in the schools established or maintained under this act shall be free.

Sec. 2. All schools heretofore established in the Philippine Islands, under the auspices of the Military Government, are hereby declared to be in the Department of Public Instruction established by section one and are made subject to the control of the officers of this department.

Sec. 8. The chief officer of this department shall be denominated the Geneml Superintendent of Public Instruction and shall be appointed by the Commission. His annual salary shall be six thousand dollars ($6,000). He shall have the following powers and duties, to be exercised and discharged under the general supervision of the Military Governor:

(a) He shall establish schools in every pueblo in the Archipelago, where practicable, and shall reorganize those already established, where such reorganization is necessary.

(b) He shall appoint, in accordance with Act No. 25, enacted October 17, 1900, a City Superintendent of Schools for Manila, and Division Superintendents of Schools for other parts of the Archipelago, and the teachers and clerks authorized by law, and shall prescribe the duties of such teachers and clerks.

(c) He shall fix the salaries of the division superintendent and teachers within the limits established by law.

(d) He shall fix a curriculum for primary, secondary and other public schools and shall decide in what towns secondary schools shall be established.

(e) He shall divide the Archipelago into School Divisions, not more than ten (10) in number, and shall fix the boundaries thereof, with power to change the same when necessary, but the city of Manila and its barrios shall constitute one of such school divisions.

(y) He shall prescribe the authority to be exercised by the Principal Teacher of each school over the other teachers, if any, and his duties in caring for the school house and school property.

(g) He shall prescribe plans for the construction of school houses to be built by the municipalities, the amount of land required in each case, and rules of hygiene which shall be observed in connection with the schools of the Archipelago.

(h) He shall make contracts for the purchase of school supplies authorized by law, and, whenever practicable, he shall invite bids by public advertisement and shall award the contract to the lowest responsible bidder.

(i) He shall have power to determine the towns in which English teachers, to be paid out of the Insular Treasury, shall teach. He may exercise this discretion in favor of those towns showing their loyalty to the United States by their peaceful condition, and in favor of those towns which shall construct and maintain suitable school houses by local taxation or contributions.

(j) In case of a vacancy in the office of a division superintendent or that of the Superintendent for Manila, he shall discharge all the duties of such position during the vacancy, or may make a temporary appointment to till the same.

(k) He shall examine and pass upon all requisitions made for funds by division superintendents and forward them, with his recommendation, to the Chief Executive for submission to the Commission.

(l) On or before January first and July first of each year, he shall make a report of his administration for the previous six months to the Military Governor and to the Commission, and such special reports as may from time to time be called for by either. In the regular semi-annual reports, it shall be the duty of the Superintendent to recommend changes in the school law which he deems expedient.

(m) He shall exercise general supervision over the entire department, and shall prepare and promulgate rules for the examination and determination of the qualifications of applicants for positions of division superintendents and teachers, and for the guidance of the officers and teachers of the department, adapted to carry out this law and not inconsistent with its provisions.

Sec, 4. There shall be a superior advisory board of education composed of the General Superintendent and four members to be appointed by the Commission. It shall be the duty of the Board to hold regular meetings once in two months, on a day to be fixed l)y resolution of the Board, and such special meetings as shall be called by the General Superintendent. The General Superintendent shall act as President of the Board. The chief clerk of the General Superintendent shall act as Secretary of the Board and keep minutes of its proceedings. It shall be the duty of the Board to assist the General Superintendent by advice and information concerning the educational needs and conditions of the Islands; to make such investigations as the General Superintendent may desire and to make recommendations to the Commission from time to time as to needed amendments to the law. Each of the four members of the Board, appointed by. virtue of this section, shall receive as compensation ten dollars for each regular or special meeting which he shall attend. Any member of the Board who is a non-resident of Manila shall be paid his actual and necessary expenses for travel from his residence to Manila and his return and hotel expenses. Requisitions for the amount required to pay such compensation and expenses shall be made by the General Superintendent. The terms of office of the members of such Board appointed under this section shall be for three years or until their successors are appointed and qualified.

Sec. 5. There shall be a City Superintendent of Schools in the city of Manila who shall receive an annual salary of three thousand dollars ($3,000.)

Sec. 6. In each school division established by the General Superintendent of Public Instruction, there shall be a Division Superintendent who shall receive an annual salary of not less than two thousand dollars ($2,000) and not more than twenty-five hundred dollars ($2,500.)

Sec. 7. The actual expenses of the General Superintendent and the Division Superintendents while traveling or absent from their usual

5 laces of residence on official business shall be paid out of the Insular Treasury.

Sec. 8. Except where otherwise provided, provisions of this act describing the duties and powers of division superintendents shall apply to the City Superintendent for Manila.

Sec. 9. Each division superintendent shall, subject to rules prescribed by the General Superintendent, under section 3 {m)^ appoint the native school teachers to serve in the schools within his district and shall fix their salaries from year to year within the limits prescribed by law. He shall examine the school houses occupied for public instruction within his division with a view to determining their suitableness and hygienic condition. Should the school house in which any school is conducted appear to the Division Superintendent to be unsuitable and dangerous for the health of the children, and should no other school house be available, he shall have power^ subject to the approval of the General Superintendent, to discontinue such school, and it shall be unlaw- ful thereafter to use the school house thus condemned for public school purposes. He shall pass upon and accept or reject or modify the plans lor any new school house, proposed by the loc^l authorities to be erected,

and for the proposed site thereof, and shall make report of his action thereon to the Geneml Superintendent of Public Instruction. If the local authorities or the local school board shall be dissatisfied with the decision of the Division Superintendent as to the suitableness of the plans or site of the proposed school house, they may appeal to the Gen- eral Superintendent, whose decision shrill be final. He shall make careful investigations into the agricultural conditions existing in his division and shall make report thereon to the General Superintendent of Public Instruction, with a view to aiding the General Superintend- ent in making recommendations as to the places and number of the agi'icultural schools hereafter to be established. He shall see to it by personal visits and by requiring repoilis from the principal teachei-s of each school that the curriculum for primary and secondaiy schools pre- scribed bv the Genei*al Superintenaent of Public Instruction is com- plied with. He shall make himself familiar with the supplies and text Dooks needed in each school in his division, and shall make report of the same at as early a date as possible, in order that they maj^ be con- tracted for and funiished by the General Superintendent. He shall appoint one-half of the local school board in each pueblo in his divi- sion, as provided in section 10. He shall have and maintain his resi- dence and an office in one of the large towns in his division, from which all the pueblos in his district can be most conveniently reached.

Sec. 10. There shall be established in each municipality organized under anv General Order of the Military Governor or under such municipal code as may be hereafter ena<;ted, a local school board, con- sisting of four or six members, as the Division Superintendent may determine, in addition to the President or Alcalde of the Municipality, who shall be a member ex-officio. One half of the members, except the member ex-officio, shall be elected by the Municipal Council, and the remaining half shall be appointed by the Division Superintendent, and the term of office of all members, holding by appointment or elec- tion, shall be two years and until their successors snail have been duly elected or appointed. Sec. 11. £\ie appointed or elected membera of the local school board may, after due notice and hearing, be removed at any time by the Division Superintendent, subject to the approval of the General Super- intendent of Public Instruction, who shall have power to suspend such membera temporarily.

Sec. 12. It shall be the power and duty of the local school board: —

(a) To \nsit from time to time the schools of the pueblo and to report bi-monthly to the Division Superintendent their condition and the attendance of pupils;

(J) To recommend sites and plans to the Municipal Council for school houses to be erected;

(c) Where there are two or more schools in the pueblo, to adopt rules, subject to the supervision of the Division Superintendent, for a;ssiening the pupils of the pueblo to the several schools;

(a) To report annually te the Municipal Council the amount of money which should be raised for the current year by local taxation for school purposes;

{e) To report, whenever it shall deem necessary, directly to the General Superintendent as to the condition of the schools of the pueblo and to make suggestions in respect thereto as may seem to it expedient.

Sec. 13. Every pueblo shall constitute a school district and it shall

be the duty of the Municipal Council thereof to make as ample pro- vision as possible by loc«il taxation for the support of all the schools established within its jurisdiction. In exceptional cases, where the topography of the country or the difficulty of communication between parts of the same pueblo require it, the Division Superintendent may attach a part of one pueblo to the school district of another and shall, in such case, fix the amount which it will be just for the Municipal Council of the former to contribute to the annual school expense of the latter.

Sec. 14. The English language shall, as soon as practicable, be made the basis of all public school instruction, and soldiers mav be detailed as instructors until such time as they may be replaced by trained teachers.

Sec. 15. Authority is hereby given to the General Superintendent of Public Instruction to obtain from the United States one thousand trained teachers at monthly salaries of not less than seventy-five dol- lars ($75) and not more than one hundred and twenty-five dollai*s ($125), the exact salary of each teacher to be fixed by the General Superintendent of Public Instruction in accordance with the efficiency of the teacher in question and the importance of the position held. The necessary tmveling expenses of sucn teachers from their places of residence to Manila shall be paid by the government.

Sec. 16. No teacher or other person shall teach or criticise the doc- trines of any church, religioas sect or denomination, or shall attempt to influence the pupils for or against any church or religious sect m any public school established under this act. If any teacher shall intentionally violate this section, he or she shall, after due hearing, be dismissed from the public service.

Provided, however, that it shall be lawful for the priest or minister of any church established in the pueblo where a public school is situ- ated, either in person or by a designated teacher of religion, to teach religion for one half an hour three times a week in the school building to those public school pupils whose parents or guardians desire it and express their desire therctor in writing tiled with the Principal Teacher of the school, to be forwarded to' the Division Superintendent, who shall fix the hours and rooms for such teaching. But no public school teacher shall either conduct religious exercises or teach religion or act its a designated religious teacher in the school building under the fore- going authority, and no pupil shall be required by any public school teacher to attend and receive the religious instinct ion herein permit- ted. Should the opportunity thus given to teach religion be used by the priest, minister or religious teacher for the purpose of arousing disloyalty to the United States, or of discouraging tne attendance of pupils at such public school, of creating a disturbance of public order, or of interfering with the discipline of the school, the Division Superintendent, subject to the approval of the Genei'al Superintendent of Public Instruction, may, after due investigation and hearing, forbid such offending priest, minister or religious teacher from entering the public school building thereafter.

Sec. 17. There shall be established and maintained in the city of Manila a Normal School for the education of natives of the islands in the science of teaching. The rules and plan for the organization and conduct of such school and the qualifications of pupils entering the stiino, shall ))e dotcrmined by the Gcneml Sui^erintendent of Public Instruction.

Sec. 18. There shall l)e established and maintained in the city of Manila a Trade School for the instruction of natives of the islanas in the useful trades. The powers and duties of the General Superin- tendent in respect to this school shall be the same as those provided Ui the section in respect to the Normal School.

Sec. 19. There shall be established and maintained a School of Agriculture in the island of Negros. The Superior Advisoiy School Board shall recommend to the Commission for final detennmation a proper site for such school. The powers and duties of the General Superintendent in respect to this school shall be the same as those pro- vided in the section concerning the Normal School.

Sec. 20. The General Superintendent of Public Instruction is authorized and directed, under the supervision of the Military Gov- ernor, to procure the making of plans and estimates for the creation of such school buildings as he may deem necessary and practicable at the present time, including a building or buildings for the Normal School in Manila and a building or builoings for the Tiude School directed to be established in sections 17 and 18 hereof. The estimated cost of such buildings and their proper equipment shall not exceed four hundred thousand dollai-s ($400,000). Such plans and estimates shall be sub- mitted to the Commission.

Sec. 21. The General Superintendent of Public Instruction is directed to prepare and submit to the Commission through th^ Military Gov- ernor a statement showing the text books and other supplies which will be needed for the year 1901, the estimated cost of which shall not exceed the sum of two hundi-ed and twenty thousand dollars (1220,000).

Sec. 22. The sum of twenty-five thousand dollars ($25,000), or so much thereof as may be necessary, is hereby appropriated out of any funds in the Insular Treasury not otherwise appropriated for the organization and maintenance of the Normal School in Manila for the year 1901.

Sec. 23. The sum of fifteen thousand dollars ($15,000), or so much thereof as may be necessary , is hereby appropriated out of any funds in the Insular Treasury not otherwise appropriated, for the organiza- tion and maintenance of the Trade School in Manila for the year 1901.

Sec. 24. The sum of fifteen thousand dollars ($15,000), or so much thereof as may be necessary, is hereby appropriated, out of any funds in the Insular Treasury not otherwise appropriated, for the organization and maintenance of the School of Agriculture for the year 1901.

Sec. 25. Nothing in this act shall be construed in any way to forbid, impede or obstruct the establishment and maintenance of private schools.

Sec. 26. Whenever sums of money are mentioned in this act, they shall be understood to be money of the United States.

Sec. 27. This act shall take effect on its passage.

Enacted, January 21, 1901. .

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PRESIDENTIAL DECREE NO 1006

PROVIDING FOR THE PROFESSIONALIZATION OF TEACHERS, REGULATING THEIR PRACTICE IN THE PHILIPPINES AND FOR OTHER PURPOSES

WHEREAS, the Constitution provides that "All educational institutions shall be under the supervision of; and subject to regulation by, the State", and requires that "the State shall establish and maintain a complete, adequate and integrated system of education relevant to the goals of national development";

WHEREAS, in the pursuit on these objectives, the Department of Education and Culture has adopted ways and means of overseeing all the educational institutions in the country;

WHEREAS, this supervisory function of the DEC has been primarily beamed towards insuring that the educational institutions inculcate in the studentry love of the country, teach the duties of citizenship, and develop moral character, personal discipline, and scientific, technological and vocational efficiency;

WHEREAS, to implement these objectives, the institutions have relied upon their teachers whose direct and continuing interaction with the young people and the children make them potent forces for the development of proper attitudes among the citizenry;

WHEREAS, this accounts for the tremendous growth of the teaching population, comprising in the civil service sector alone more than 300,000 teachers deployed all over the country;

WHEREAS, to insure that in the immediacy and urgency of teacher recruitment qualitative requirements are not overlooked, it has become necessary to regulate the teaching profession;

WHEREAS, although teaching requires a number of years of collegiate study, it is the only course that it is not yet considered a profession;

WHEREAS, in recognition of the vital role of teachers in nation-building and as an incentive to raise the morale of teachers, it is imperative that they be considered as professionals and teaching be recognized as a profession.

NOW, THEREFORE, I, FERDINAND E. MARCOS, President of the Philippines, by virtue of the powers vested in me by the Constitution, do hereby decree and order:

Section 1. Title. This Decree shall be known as the Decree Professionalizing Teaching.

Section 2. Declaration of Policy. It is hereby declared a policy that teacher education shall be given primary concern and attention by the government and shall be of the highest quality, and strongly oriented to Philippine conditions and to the needs and aspirations of the Filipino people even as it seeks enrichment from adoptable ideas and practices of other people.

Section 3. Definition of Terms. As used in this Decree, the following shall be construed as follows:

(a) Teaching refers to the profession primarily concerned with the classroom instruction, at the elementary and secondary levels, in accordance with the curriculum prescribed by National Board of Education, whether on part-time or full-time basis in the public or private schools.

(b) Teachers refers to all persons engaged in teaching at the elementary and secondary levels, whether on a full-time or part-time basis, including guidance counselors, school librarians, industrial arts or vocational teachers and all other persons performing supervisory and/or administrative functions in all schools in the aforesaid levels and legally qualified to practice teaching under this Decree.

(c)Board refers to the National Board for Teachers duly constituted under this Decree.

Section 4. Creation of the National Board for Teachers. There is hereby created a National Board for Teachers, hereinafter called the Board, to be composed of the following:

Co - Chairman
1) Secretary of Education and Culture
2) Chairman, Civil Service Commission

Member
3) Commissioner, Professional Regulations Commission
4) Two members representing the private sector to
be appointed by the President

Section 5. Powers and Duties. The Board shall have the following powers and duties:

(a) Appoint a set of examiners for every examination who will determine and prepare the contents of the Board examination for teachers, hereinafter referred to as examination, in the elementary and secondary levels of instruction, to be held at least once a year;

(b) Determine and fix the places and dates of examination, appoint supervisors and room examiners from among the employees of the Government who shall be entitled to a daily allowance to be fixed by the Board for every examination day actually attended, use the buildings and facilities of public and private schools for examination purposes, approve applications to take examination, and approve the release of examination results;

(c) Look from time to time into the conditions affecting the practice of the teaching profession, adopt such measures as may be deemed proper for the enhancement of said profession, and/or maintenance of the professional standards and ethics;

(d) Issue, suspend, revoke, replace or reissue Professional Teachers Certificate, and administer oaths;

(e) Appoint, subject to the provisions of existing laws, such officials and employees as are necessary in the effective performance of its functions and responsibilities, prescribe their duties and fix their compensation;

(f) Prescribe and collect examination and other fees as it may deem proper; and

(g) Promulgate rules and regulations, and exercise such other powers, functions and duties as may be necessary to carry into effect the purposes of this Decree.

Section 6. Qualification requirements for examination applicants. No applicant shall be admitted to take the examination unless, on the date of filing of the application, he shall have complied with the following requirements:

(a) Except those who have been engaged in teaching as herein defined for at least five years in schools in the Philippines not organized exclusively for nationals of a foreign country at the time of the effectivity of this Decree, the applicant must be a citizen of the Philippines;

(b) That he is of good moral character;

(c) That he is free from any physical and/or mental defect which will incapacitate him to render efficient service; and

(d) That he possesses the following minimum educational qualifications:

1) For teachers in the kindergarten and elementary grades, Bachelor's degree in Elementary Education (B.S.E.Ed.) or its equivalent;

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

3) For teachers of secondary vocational and two-year technical courses, Bachelor's degree in the field of specialization with at least eighteen units in professional education.

All applications shall be filed with an office or offices designated by the Board, preferably the offices of the Civil Service Commission and the Department of Education and Culture.

These offices shall screen and approve such applications and issue the corresponding permits to take the examination to qualify applicants.

Section 7. Appointment of examiners. The Board shall appoint a set of examiners for every examination who are recognized authority in teacher education, and their names shall not be disclosed until after the release of the results of the examination. They shall each receive as compensation the sum of not less than P5.00 for each examinee as may be determined by the Board but in no case shall each examiner receive more than P18,000 per examination. Any examiner who is in the service of the Government shall receive the compensation herein provided in addition to his salary.

Section 8. Scope of the examination. The examination shall consist of written tests, the scope of which shall be determined by the Board, taking into consideration the teaching plan of the schools legally constituted in the Philippines.

Section 9. Ratings in the examination. In order that a candidate may be deemed to have successfully passed the examinations, he must have obtained a general average of at least 70 per cent in all subjects, with no rating below 50 per cent in any subject.

Section 10. Report of the results of examination. The examiners shall report the ratings obtained by each candidate to the Board within 150 days after the last day of the examination, unless extended by the latter.

Section 11. Issuance of Certificates. Teachers who have passed examinations given by the Civil Service Commission or jointly by the Civil Service Commission and the Department of Education and Culture shall be considered as having passed the board examinations for teachers. The Board may consider their certificates of rating as certificates of eligibility or issue an entirely new certificate upon registration of the teacher and payment of the corresponding fees.

This provision shall likewise apply to those teachers who have permanent appointment under the Magna Carta For Public School Teachers and all others who may be qualified for registration as professional teachers under this Decree.

Section 12. Registration. The Civil Service Commission shall, as an arm of the Board, register holders of Professional Teacher Certificate which registration shall evidence that the registrant is entitled to all the rights and privileges of a Professional Teacher until and unless the certificate is suspended or canceled by the Board for just cause.

Section 13. Reissuance of revoked certificates and replacement of lost certificates. The Board may, for reason of equity and justice, and upon proper application therefor, issue another copy, original or duplicate, upon payment of the required fee, of a certificate which has been revoked. A new certificate to replace a lost, destroyed or mutilated certificate may be issued subject to the rules of the Board.

Section 14. Registration by reciprocity. The Civil Service Commission shall, upon approval of the Board, effect the registration, without examination, of a teacher validly registered under the laws of any foreign state or country; Provided, That the requirements for registration in said foreign state or country are substantially the same as those required and contemplated by this Decree, and the laws of such foreign state or country allow citizens of the Philippines to practice the profession on the same basis and grant the same privileges as the citizens or subjects of such foreign state or country; Provided finally, That the applicant shall submit competent and conclusive documentary evidence, confirmed by the Department of Foreign Affairs, showing that his country's existing laws permit citizens of the Philippines to practice teaching profession under the rules and regulations governing citizens thereof.

Section 15. Prohibition. Three years after the effectivity of this Decree, no person shall engage in teaching and/or act as a teacher as defined in this Decree, whether in the public or private elementary or secondary school, unless he is holder of a Professional Teacher Certificate or is considered a Professional Teacher under this Decree.

Section 16. Penal Provision. Any person who shall practice the teaching without a valid Professional Teacher Certificate, or any person presenting as his or her own the certificate of another, or any person giving any false or forged evidence in order to obtain a Professional Teacher Certificate or admission to an examination, or any person assuming himself as a registered professional teacher or any person violating any provision of this Decree shall be penalized by a fine of not less than One Thousand Pesos nor more than Five Thousand Pesos with subsidiary imprisonment or to suffer an imprisonment of not less than six months nor more than two years, or both such fine and imprisonment at the discretion of the Court.

Section 17. Repealing Clause. All Acts, Decrees, Executive Orders, Administrative Orders, rules and regulations or parts thereof inconsistent with the provisions of this Decree are hereby repealed or modified accordingly.

Section 18. Separability Clause. In case any provision of this Decree or any portion thereof is declared unconstitutional by a competent court, other provisions shall not be affected thereby.

Section 19. Effectivity. This Decree shall take effect January 1, 1977.

DONE in the City of Manila, this 22nd day of September, in the year of Our Lord, nineteen hundred and seventy-six.

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Magna Carta for Public School Teachers
(REPUBLIC ACT NO. 4670, June 18, 1966)

THE MAGNA CARTA FOR PUBLIC SCHOOL TEACHERS

I. DECLARATION OF POLICY COVERAGE

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

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

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

II. RECRUITMENT AND CAREER

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

d. the right to appeal to clearly designated authorities.

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

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

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

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

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

III. HOURS OF WORK AND REMUNERATION

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

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

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

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

Sec. 15. Criteria for Salaries. Teacher's salaries shall correspond to the following criteria:

(a) they shall compare favorably with those paid in other occupations requiring equivalent or similar qualifications, training and abilities;

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

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

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

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

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

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

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

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

IV. HEALTH MEASURES AND INJURY BENEFITS

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

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

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

V. LEAVE AND RETIREMENT BENEFITS

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

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

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

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

VI. TEACHER'S ORGANIZATION

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

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

(b) to cause the dismissal of or otherwise prejudice a teacher by reason of his membership in an organization or because of participation in organization activities outside school hours, or with the consent of the proper school authorities, within school hours, and © 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

2011-10-10T06:01:00.000-07:00

EXECUTIVE ORDER NO. 209
THE FAMILY CODE OF THE PHILIPPINES
July 6, 1987

I, CORAZON C. AQUINO, President of the Philippines, by virtue of the powers vested in me by the Constitution, do hereby order and promulgate the Family Code of the Philippines, as follows:

TITLE I

MARRIAGE

Chapter 1. Requisites of Marriage

Article 1. Marriage is a special contract of permanent union between a man and a woman entered into in accordance with law for the establishment of conjugal and family life. It is the foundation of the family and an inviolable social institution whose nature, consequences, and incidents are governed by law and not subject to stipulation, except that marriage settlements may fix the property relations during the marriage within the limits provided by this Code. (52a)

Art. 2. No marriage shall be valid, unless these essential requisites are present:

(1) Legal capacity of the contracting parties who must be a male and a female; and

(2) Consent freely given in the presence of the solemnizing officer. (53a)

Art. 3. The formal requisites of marriage are:

(1) Authority of the solemnizing officer;

(2) A valid marriage license except in the cases provided for in Chapter 2 of this Title; and

(3) A marriage ceremony which takes place with the appearance of the contracting parties before the solemnizing officer and their personal declaration that they take each other as husband and wife in the presence of not less than two witnesses of legal age. (53a, 55a)

Art. 4. The absence of any of the essential or formal requisites shall render the marriage void ab initio, except as stated in Article 35 (2).

A defect in any of the essential requisites shall not affect the validity of the marriage but the party or parties responsible for the irregularity shall be civilly, criminally and administratively liable. (n)

Art. 5. Any male or female of the age of eighteen years or upwards not under any of the impediments mentioned in Articles 37 and 38, may contract marriage. (54a)

Art. 6. No prescribed form or religious rite for the solemnization of the marriage is required. It shall be necessary, however, for the contracting parties to appear personally before the solemnizing officer and declare in the presence of not less than two witnesses of legal age that they take each other as husband and wife. This declaration shall be contained in the marriage certificate which shall be signed by the contracting parties and their witnesses and attested by the solemnizing officer.

In case of a marriage in articulo mortis, when the party at the point of death is unable to sign the marriage certificate, it shall be sufficient for one of the witnesses to the marriage to write the name of said party, which fact shall be attested by the solemnizing officer. (55a)

Art. 7. Marriage may be solemnized by:

(1) Any incumbent member of the judiciary within the court's jurisdiction;

(2) Any priest, rabbi, imam, or minister of any church or religious sect duly authorized by his church or religious sect and registered with the civil registrar general, acting within the limits of the written authority granted by his church or religious sect and provided that at least one of the contracting parties belongs to the solemnizing officer's church or religious sect;

(3) Any ship captain or airplane chief only in the case mentioned in Article 31;

(4) Any military commander of a unit to which a chaplain is assigned, in the absence of the latter, during a military operation, likewise only in the cases mentioned in Article 32;

(5) Any consul-general, consul or vice-consul in the case provided in Article 10. (56a)

Article. 8. The marriage shall be solemnized publicly in the chambers of the judge or in open court, in the church, chapel or temple, or in the office the consul-general, consul or vice-consul, as the case may be, and not elsewhere, except in cases of marriages contracted on the point of death or in remote places in accordance with Article 29 of this Code, or where both of the parties request the solemnizing officer in writing in which case the marriage may be solemnized at a house or place designated by them in a sworn statement to that effect. (57a)

Art. 9. A marriage license shall be issued by the local civil registrar of the city or municipality where either contracting party habitually resides, except in marriages where no license is required in accordance with Chapter 2 of this Title. (58a)

Art. 10. Marriages between Filipino citizens abroad may be solemnized by a consul-general, consul or vice-consul of the Republic of the Philippines. The issuance of the marriage license and the duties of the local civil registrar and of the solemnizing officer with regard to the celebration of marriage shall be performed by said consular official. (75a)

Art. 11. Where a marriage license is required, each of the contracting parties shall file separately a sworn application for such license with the proper local civil registrar which shall specify the following:

(1) Full name of the contracting party;

(2) Place of birth;

(3) Age and date of birth;

(4) Civil status;

(5) If previously married, how, when and where the previous marriage was dissolved or annulled;

(6) Present residence and citizenship;

(7) Degree of relationship of the contracting parties;

(8) Full name, residence and citizenship of the father;

(9) Full name, residence and citizenship of the mother; and

(10) Full name, residence and citizenship of the guardian or person having charge, in case the contracting party has neither father nor mother and is under the age of twenty-one years.

The applicants, their parents or guardians shall not be required to exhibit their residence certificates in any formality in connection with the securing of the marriage license. (59a)

Art. 12. The local civil registrar, upon receiving such application, shall require the presentation of the original birth certificates or, in default thereof, the baptismal certificates of the contracting parties or copies of such documents duly attested by the persons having custody of the originals. These certificates or certified copies of the documents by this Article need not be sworn to and shall be exempt from the documentary stamp tax. The signature and official title of the person issuing the certificate shall be sufficient proof of its authenticity.

If either of the contracting parties is unable to produce his birth or baptismal certificate or a certified copy of either because of the destruction or loss of the original or if it is shown by an affidavit of such party or of any other person that such birth or baptismal certificate has not yet been received though the same has been required of the person having custody thereof at least fifteen days prior to the date of the application, such party may furnish in lieu thereof his current residence certificate or an instrument drawn up and sworn to before the local civil registrar concerned or any public official authorized to administer oaths. Such instrument shall contain the sworn declaration of two witnesses of lawful age, setting forth the full name, residence and citizenship of such contracting party and of his or her parents, if known, and the place and date of birth of such party. The nearest of kin of the contracting parties shall be preferred as witnesses, or, in their default, persons of good reputation in the province or the locality.

The presentation of birth or baptismal certificate shall not be required if the parents of the contracting parties appear personally before the local civil registrar concerned and swear to the correctness of the lawful age of said parties, as stated in the application, or when the local civil registrar shall, by merely looking at the applicants upon their personally appearing before him, be convinced that either or both of them have the required age. (60a)

Art. 13. In case either of the contracting parties has been previously married, the applicant shall be required to furnish, instead of the birth or baptismal certificate required in the last preceding article, the death certificate of the deceased spouse or the judicial decree of the absolute divorce, or the judicial decree of annulment or declaration of nullity of his or her previous marriage.

In case the death certificate cannot be secured, the party shall make an affidavit setting forth this circumstance and his or her actual civil status and the name and date of death of the deceased spouse. (61a)

Art. 14. In case either or both of the contracting parties, not having been emancipated by a previous marriage, are between the ages of eighteen and twenty-one, they shall, in addition to the requirements of the preceding articles, exhibit to the local civil registrar, the consent to their marriage of their father, mother, surviving parent or guardian, or persons having legal charge of them, in the order mentioned. Such consent shall be manifested in writing by the interested party, who personally appears before the proper local civil registrar, or in the form of an affidavit made in the presence of two witnesses and attested before any official authorized by law to administer oaths. The personal manifestation shall be recorded in both applications for marriage license, and the affidavit, if one is executed instead, shall be attached to said applications. (61a)

Art. 15. Any contracting party between the age of twenty-one and twenty-five shall be obliged to ask their parents or guardian for advice upon the intended marriage. If they do not obtain such advice, or if it be unfavorable, the marriage license shall not be issued till after three months following the completion of the publication of the application therefor. A sworn statement by the contracting parties to the effect that such advice has been sought, together with the written advice given, if any, shall be attached to the application for marriage license. Should the parents or guardian refuse to give any advice, this fact shall be stated in the sworn statement. (62a)

Art. 16. In the cases where parental consent or parental advice is needed, the party or parties concerned shall, in addition to the requirements of the preceding articles, attach a certificate issued by a priest, imam or minister authorized to solemnize marriage under Article 7 of this Code or a marriage counselor duly accredited by the proper government agency to the effect that the contracting parties have undergone marriage counseling. Failure to attach said certificates of marriage counseling shall suspend the issuance of the marriage license for a period of three months from the completion of the publication of the application. Issuance of the marriage license within the prohibited period shall subject the issuing officer to administrative sanctions but shall not affect the validity of the marriage.

Should only one of the contracting parties need parental consent or parental advice, the other party must be present at the counseling referred to in the preceding paragraph. (n)

Art. 17. The local civil registrar shall prepare a notice which shall contain the full names and residences of the applicants for a marriage license and other data given in the applications. The notice shall be posted for ten consecutive days on a bulletin board outside the office of the local civil registrar located in a conspicuous place within the building and accessible to the general public. This notice shall request all persons having knowledge of any impediment to the marriage to advise the local civil registrar thereof. The marriage license shall be issued after the completion of the period of publication. (63a)

Art. 18. In case of any impediment known to the local civil registrar or brought to his attention, he shall note down the particulars thereof and his findings thereon in the application for marriage license, but shall nonetheless issue said license after the completion of the period of publication, unless ordered otherwise by a competent court at his own instance or that of any interest party. No filing fee shall be charged for the petition nor a corresponding bond required for the issuances of the order. (64a)

Art. 19. The local civil registrar shall require the payment of the fees prescribed by law or regulations before the issuance of the marriage license. No other sum shall be collected in the nature of a fee or tax of any kind for the issuance of said license. It shall, however, be issued free of charge to indigent parties, that is those who have no visible means of income or whose income is insufficient for their subsistence a fact established by their affidavit, or by their oath before the local civil registrar. (65a)chan robles virtual law library

Art. 20. The license shall be valid in any part of the Philippines for a period of one hundred twenty days from the date of issue, and shall be deemed automatically canceled at the expiration of the said period if the contracting parties have not made use of it. The expiry date shall be stamped in bold characters on the face of every license issued. (65a)

Art. 21. When either or both of the contracting parties are citizens of a foreign country, it shall be necessary for them before a marriage license can be obtained, to submit a certificate of legal capacity to contract marriage, issued by their respective diplomatic or consular officials.

Stateless persons or refugees from other countries shall, in lieu of the certificate of legal capacity herein required, submit an affidavit stating the circumstances showing such capacity to contract marriage. (66a)

Art. 22. The marriage certificate, in which the parties shall declare that they take each other as husband and wife, shall also state:

(1) The full name, sex and age of each contracting party;

(2) Their citizenship, religion and habitual residence;

(3) The date and precise time of the celebration of the marriage;

(4) That the proper marriage license has been issued according to law, except in marriage provided for in Chapter 2 of this Title;

(5) That either or both of the contracting parties have secured the parental consent in appropriate cases;

(6) That either or both of the contracting parties have complied with the legal requirement regarding parental advice in appropriate cases; and

(7) That the parties have entered into marriage settlement, if any, attaching a copy thereof. (67a)

Art. 23. It shall be the duty of the person solemnizing the marriage to furnish either of the contracting parties the original of the marriage certificate referred to in Article 6 and to send the duplicate and triplicate copies of the certificate not later than fifteen days after the marriage, to the local civil registrar of the place where the marriage was solemnized. Proper receipts shall be issued by the local civil registrar to the solemnizing officer transmitting copies of the marriage certificate. The solemnizing officer shall retain in his file the quadruplicate copy of the marriage certificate, the copy of the marriage certificate, the original of the marriage license and, in proper cases, the affidavit of the contracting party regarding the solemnization of the marriage in place other than those mentioned in Article 8. (68a)

Art. 24. It shall be the duty of the local civil registrar to prepare the documents required by this Title, and to administer oaths to all interested parties without any charge in both cases. The documents and affidavits filed in connection with applications for marriage licenses shall be exempt from documentary stamp tax. (n)

Art. 25. The local civil registrar concerned shall enter all applications for marriage licenses filed with him in a registry book strictly in the order in which the same are received. He shall record in said book the names of the applicants, the date on which the marriage license was issued, and such other data as may be necessary. (n)

Art. 26. All marriages solemnized outside the Philippines, in accordance with the laws in force in the country where they were solemnized, and valid there as such, shall also be valid in this country, except those prohibited under Articles 35 (1), (4), (5) and (6), 3637 and 38. (17a)

Where a marriage between a Filipino citizen and a foreigner is validly celebrated and a divorce is thereafter validly obtained abroad by the alien spouse capacitating him or her to remarry, the Filipino spouse shall have capacity to remarry under Philippine law. (As amended by Executive Order 227)

Chapter 2. Marriages Exempted from License Requirement

Art. 27. In case either or both of the contracting parties are at the point of death, the marriage may be solemnized without necessity of a marriage license and shall remain valid even if the ailing party subsequently survives. (72a)

Art. 28. If the residence of either party is so located that there is no means of transportation to enable such party to appear personally before the local civil registrar, the marriage may be solemnized without necessity of a marriage license. (72a)

Art. 29. In the cases provided for in the two preceding articles, the solemnizing officer shall state in an affidavit executed before the local civil registrar or any other person legally authorized to administer oaths that the marriage was performed in articulo mortis or that the residence of either party, specifying the barrio or barangay, is so located that there is no means of transportation to enable such party to appear personally before the local civil registrar and that the officer took the necessary steps to ascertain the ages and relationship of the contracting parties and the absence of legal impediment to the marriage. (72a)

Art. 30. The original of the affidavit required in the last preceding article, together with the legible copy of the marriage contract, shall be sent by the person solemnizing the marriage to the local civil registrar of the municipality where it was performed within the period of thirty days after the performance of the marriage. (75a)

Art. 31. A marriage in articulo mortis between passengers or crew members may also be solemnized by a ship captain or by an airplane pilot not only while the ship is at sea or the plane is in flight, but also during stopovers at ports of call. (74a)

Art. 32. A military commander of a unit, who is a commissioned officer, shall likewise have authority to solemnize marriages in articulo mortis between persons within the zone of military operation, whether members of the armed forces or civilians. (74a)

Art. 33. Marriages among Muslims or among members of the ethnic cultural communities may be performed validly without the necessity of marriage license, provided they are solemnized in accordance with their customs, rites or practices. (78a)

Art. 34. No license shall be necessary for the marriage of a man and a woman who have lived together as husband and wife for at least five years and without any legal impediment to marry each other. The contracting parties shall state the foregoing facts in an affidavit before any person authorized by law to administer oaths. The solemnizing officer shall also state under oath that he ascertained the qualifications of the contracting parties are found no legal impediment to the marriage. (76a)

Chapter 3. Void and Voidable Marriages

Art. 35. The following marriages shall be void from the beginning:

(1) Those contracted by any party below eighteen years of age even with the consent of parents or guardians;

(2) Those solemnized by any person not legally authorized to perform marriages unless such marriages were contracted with either or both parties believing in good faith that the solemnizing officer had the legal authority to do so;

(3) Those solemnized without license, except those covered the preceding Chapter;

(4) Those bigamous or polygamous marriages not failing under Article 41;

(5) Those contracted through mistake of one contracting party as to the identity of the other; and

(6) Those subsequent marriages that are void under Article 53.

Art. 36. A marriage contracted by any party who, at the time of the celebration, was psychologically incapacitated to comply with the essential marital obligations of marriage, shall likewise be void even if such incapacity becomes manifest only after its solemnization. (As amended by Executive Order 227)

Art. 37. Marriages between the following are incestuous and void from the beginning, whether relationship between the parties be legitimate or illegitimate:

(1) Between ascendants and descendants of any degree; and

(2) Between brothers and sisters, whether of the full or half blood. (81a)

Art. 38. The following marriages shall be void from the beginning for reasons of public policy:

(1) Between collateral blood relatives whether legitimate or illegitimate, up to the fourth civil degree;

(2) Between step-parents and step-children;

(3) Between parents-in-law and children-in-law;

(4) Between the adopting parent and the adopted child;

(5) Between the surviving spouse of the adopting parent and the adopted child;

(6) Between the surviving spouse of the adopted child and the adopter;

(7) Between an adopted child and a legitimate child of the adopter;

(8) Between adopted children of the same adopter; and

(9) Between parties where one, with the intention to marry the other, killed that other person's spouse, or his or her own spouse. (82)

Art. 39. The action or defense for the declaration of absolute nullity of a marriage shall not prescribe. (As amended by Executive Order 227 and Republic Act No. 8533; The phrase "However, in case of marriage celebrated before the effectivity of this Code and falling under Article 36, such action or defense shall prescribe in ten years after this Code shall taken effect" has been deleted by Republic Act No. 8533 [Approved February 23, 1998]).

Art. 40. The absolute nullity of a previous marriage may be invoked for purposes of remarriage on the basis solely of a final judgment declaring such previous marriage void. (n)

Art. 41. A marriage contracted by any person during subsistence of a previous marriage shall be null and void, unless before the celebration of the subsequent marriage, the prior spouse had been absent for four consecutive years and the spouse present has a well-founded belief that the absent spouse was already dead. In case of disappearance where there is danger of death under the circumstances set forth in the provisions of Article 391 of the Civil Code, an absence of only two years shall be sufficient.

For the purpose of contracting the subsequent marriage under the preceding paragraph the spouse present must institute a summary proceeding as provided in this Code for the declaration of presumptive death of the absentee, without prejudice to the effect of reappearance of the absent spouse. (83a)

Art. 42. The subsequent marriage referred to in the preceding Article shall be automatically terminated by the recording of the affidavit of reappearance of the absent spouse, unless there is a judgment annulling the previous marriage or declaring it void ab initio.

A sworn statement of the fact and circumstances of reappearance shall be recorded in the civil registry of the residence of the parties to the subsequent marriage at the instance of any interested person, with due notice to the spouses of the subsequent marriage and without prejudice to the fact of reappearance being judicially determined in case such fact is disputed. (n)

Art. 43. The termination of the subsequent marriage referred to in the preceding Article shall produce the following effects:

(1) The children of the subsequent marriage conceived prior to its termination shall be considered legitimate;

(2) The absolute community of property or the conjugal partnership, as the case may be, shall be dissolved and liquidated, but if either spouse contracted said marriage in bad faith, his or her share of the net profits of the community property or conjugal partnership property shall be forfeited in favor of the common children or, if there are none, the children of the guilty spouse by a previous marriage or in default of children, the innocent spouse;

(3) Donations by reason of marriage shall remain valid, except that if the donee contracted the marriage in bad faith, such donations made to said donee are revoked by operation of law;

(4) The innocent spouse may revoke the designation of the other spouse who acted in bad faith as beneficiary in any insurance policy, even if such designation be stipulated as irrevocable; and

(5) The spouse who contracted the subsequent marriage in bad faith shall be disqualified to inherit from the innocent spouse by testate and intestate succession. (n)

Art. 44. If both spouses of the subsequent marriage acted in bad faith, said marriage shall be void ab initio and all donations by reason of marriage and testamentary dispositions made by one in favor of the other are revoked by operation of law. (n)

Art. 45. A marriage may be annulled for any of the following causes, existing at the time of the marriage:

(1) That the party in whose behalf it is sought to have the marriage annulled was eighteen years of age or over but below twenty-one, and the marriage was solemnized without the consent of the parents, guardian or person having substitute parental authority over the party, in that order, unless after attaining the age of twenty-one, such party freely cohabited with the other and both lived together as husband and wife;

(2) That either party was of unsound mind, unless such party after coming to reason, freely cohabited with the other as husband and wife;

(3) That the consent of either party was obtained by fraud, unless such party afterwards, with full knowledge of the facts constituting the fraud, freely cohabited with the other as husband and wife;

(4) That the consent of either party was obtained by force, intimidation or undue influence, unless the same having disappeared or ceased, such party thereafter freely cohabited with the other as husband and wife;

(5) That either party was physically incapable of consummating the marriage with the other, and such incapacity continues and appears to be incurable; or

(6) That either party was afflicted with a sexually-transmissible disease found to be serious and appears to be incurable. (85a)

Art. 46. Any of the following circumstances shall constitute fraud referred to in Number 3 of the preceding Article:

(1) Non-disclosure of a previous conviction by final judgment of the other party of a crime involving moral turpitude;

(2) Concealment by the wife of the fact that at the time of the marriage, she was pregnant by a man other than her husband;

(3) Concealment of sexually transmissible disease, regardless of its nature, existing at the time of the marriage; or

(4) Concealment of drug addiction, habitual alcoholism or homosexuality or lesbianism existing at the time of the marriage.

No other misrepresentation or deceit as to character, health, rank, fortune or chastity shall constitute such fraud as will give grounds for action for the annulment of marriage. (86a)

Art. 47. The action for annulment of marriage must be filed by the following persons and within the periods indicated herein:

(1) For causes mentioned in number 1 of Article 45 by the party whose parent or guardian did not give his or her consent, within five years after attaining the age of twenty-one, or by the parent or guardian or person having legal charge of the minor, at any time before such party has reached the age of twenty-one;

(2) For causes mentioned in number 2 of Article 45, by the same spouse, who had no knowledge of the other's insanity; or by any relative or guardian or person having legal charge of the insane, at any time before the death of either party, or by the insane spouse during a lucid interval or after regaining sanity;

(3) For causes mentioned in number 3 of Article 45, by the injured party, within five years after the discovery of the fraud;

(4) For causes mentioned in number 4 of Article 45, by the injured party, within five years from the time the force, intimidation or undue influence disappeared or ceased;

(5) For causes mentioned in number 5 and 6 of Article 45, by the injured party, within five years after the marriage. (87a)

Art. 48. In all cases of annulment or declaration of absolute nullity of marriage, the Court shall order the prosecuting attorney or fiscal assigned to it to appear on behalf of the State to take steps to prevent collusion between the parties and to take care that evidence is not fabricated or suppressed.

In the cases referred to in the preceding paragraph, no judgment shall be based upon a stipulation of facts or confession of judgment. (88a)

Art. 49. During the pendency of the action and in the absence of adequate provisions in a written agreement between the spouses, the Court shall provide for the support of the spouses and the custody and support of their common children. The Court shall give paramount consideration to the moral and material welfare of said children and their choice of the parent with whom they wish to remain as provided to in Title IX. It shall also provide for appropriate visitation rights of the other parent. (n)

Art. 50. The effects provided for by paragraphs (2), (3), (4) and (5) of Article 43 and by Article 44 shall also apply in the proper cases to marriages which are declared ab initio or annulled by final judgment under Articles 40 and 45.

The final judgment in such cases shall provide for the liquidation, partition and distribution of the properties of the spouses, the custody and support of the common children, and the delivery of third presumptive legitimes, unless such matters had been adjudicated in previous judicial proceedings.

All creditors of the spouses as well as of the absolute community or the conjugal partnership shall be notified of the proceedings for liquidation.

In the partition, the conjugal dwelling and the lot on which it is situated, shall be adjudicated in accordance with the provisions of Articles 102 and 129.

Art. 51. In said partition, the value of the presumptive legitimes of all common children, computed as of the date of the final judgment of the trial court, shall be delivered in cash, property or sound securities, unless the parties, by mutual agreement judicially approved, had already provided for such matters.

The children or their guardian or the trustee of their property may ask for the enforcement of the judgment.

The delivery of the presumptive legitimes herein prescribed shall in no way prejudice the ultimate successional rights of the children accruing upon the death of either of both of the parents; but the value of the properties already received under the decree of annulment or absolute nullity shall be considered as advances on their legitime. (n)

Art. 52. The judgment of annulment or of absolute nullity of the marriage, the partition and distribution of the properties of the spouses and the delivery of the children's presumptive legitimes shall be recorded in the appropriate civil registry and registries of property; otherwise, the same shall not affect third persons. (n)

Art. 53. Either of the former spouses may marry again after compliance with the requirements of the immediately preceding Article; otherwise, the subsequent marriage shall be null and void.chan robles virtual law library

Art. 54. Children conceived or born before the judgment of annulment or absolute nullity of the marriage under Article 36 has become final and executory shall be considered legitimate. Children conceived or born of the subsequent marriage under Article 53 shall likewise be legitimate.

TITLE II

LEGAL SEPARATION

Art. 55. A petition for legal separation may be filed on any of the following grounds:

(1) Repeated physical violence or grossly abusive conduct directed against the petitioner, a common child, or a child of the petitioner;

(2) Physical violence or moral pressure to compel the petitioner to change religious or political affiliation;

(3) Attempt of respondent to corrupt or induce the petitioner, a common child, or a child of the petitioner, to engage in prostitution, or connivance in such corruption or inducement;

(4) Final judgment sentencing the respondent to imprisonment of more than six years, even if pardoned;

(5) Drug addiction or habitual alcoholism of the respondent;

(6) Lesbianism or homosexuality of the respondent;

(7) Contracting by the respondent of a subsequent bigamous marriage, whether in the Philippines or abroad;

(8) Sexual infidelity or perversion;

(9) Attempt by the respondent against the life of the petitioner; or

(10) Abandonment of petitioner by respondent without justifiable cause for more than one year.

For purposes of this Article, the term "child" shall include a child by nature or by adoption. (9a)

Art. 56. The petition for legal separation shall be denied on any of the following grounds:

(1) Where the aggrieved party has condoned the offense or act complained of;

(2) Where the aggrieved party has consented to the commission of the offense or act complained of;

(3) Where there is connivance between the parties in the commission of the offense or act constituting the ground for legal separation;

(4) Where both parties have given ground for legal separation;

(5) Where there is collusion between the parties to obtain decree of legal separation; or

(6) Where the action is barred by prescription. (100a)

Art. 57. An action for legal separation shall be filed within five years from the time of the occurrence of the cause. (102)

Art. 58. An action for legal separation shall in no case be tried before six months shall have elapsed since the filing of the petition. (103)

Art. 59. No legal separation may be decreed unless the Court has taken steps toward the reconciliation of the spouses and is fully satisfied, despite such efforts, that reconciliation is highly improbable. (n)

Art. 60. No decree of legal separation shall be based upon a stipulation of facts or a confession of judgment.

In any case, the Court shall order the prosecuting attorney or fiscal assigned to it to take steps to prevent collusion between the parties and to take care that the evidence is not fabricated or suppressed. (101a)

Art. 61. After the filing of the petition for legal separation, the spouses shall be entitled to live separately from each other.

The court, in the absence of a written agreement between the spouses, shall designate either of them or a third person to administer the absolute community or conjugal partnership property. The administrator appointed by the court shall have the same powers and duties as those of a guardian under the Rules of Court. (104a)

Art. 62. During the pendency of the action for legal separation, the provisions of Article 49 shall likewise apply to the support of the spouses and the custody and support of the common children. (105a)

Art. 63. The decree of legal separation shall have the following effects:

(1) The spouses shall be entitled to live separately from each other, but the marriage bonds shall not be severed;

(2) The absolute community or the conjugal partnership shall be dissolved and liquidated but the offending spouse shall have no right to any share of the net profits earned by the absolute community or the conjugal partnership, which shall be forfeited in accordance with the provisions of Article 43(2);

(3) The custody of the minor children shall be awarded to the innocent spouse, subject to the provisions of Article 213 of this Code; and

(4) The offending spouse shall be disqualified from inheriting from the innocent spouse by intestate succession. Moreover, provisions in favor of the offending spouse made in the will of the innocent spouse shall be revoked by operation of law. (106a)

Art. 64. After the finality of the decree of legal separation, the innocent spouse may revoke the donations made by him or by her in favor of the offending spouse, as well as the designation of the latter as beneficiary in any insurance policy, even if such designation be stipulated as irrevocable. The revocation of the donations shall be recorded in the registries of property in the places where the properties are located. Alienations, liens and encumbrances registered in good faith before the recording of the complaint for revocation in the registries of property shall be respected. The revocation of or change in the designation of the insurance beneficiary shall take effect upon written notification thereof to the insured.

The action to revoke the donation under this Article must be brought within five years from the time the decree of legal separation become final. (107a)

Art. 65. If the spouses should reconcile, a corresponding joint manifestation under oath duly signed by them shall be filed with the court in the same proceeding for legal separation. (n)

Art. 66. The reconciliation referred to in the preceding Articles shall have the following consequences:

(1) The legal separation proceedings, if still pending, shall thereby be terminated at whatever stage; and

(2) The final decree of legal separation shall be set aside, but the separation of property and any forfeiture of the share of the guilty spouse already effected shall subsist, unless the spouses agree to revive their former property regime.

The court's order containing the foregoing shall be recorded in the proper civil registries. (108a)

Art. 67. The agreement to revive the former property regime referred to in the preceding Article shall be executed under oath and shall specify:

(1) The properties to be contributed anew to the restored regime;

(2) Those to be retained as separated properties of each spouse; and

(3) The names of all their known creditors, their addresses and the amounts owing to each.

The agreement of revival and the motion for its approval shall be filed with the court in the same proceeding for legal separation, with copies of both furnished to the creditors named therein. After due hearing, the court shall, in its order, take measure to protect the interest of creditors and such order shall be recorded in the proper registries of properties.

The recording of the ordering in the registries of property shall not prejudice any creditor not listed or not notified, unless the debtor-spouse has sufficient separate properties to satisfy the creditor's claim. (195a, 108a)

TITLE III

RIGHTS AND OBLIGATIONS BETWEEN HUSBAND AND WIFE

Art. 68. The husband and wife are obliged to live together, observe mutual love, respect and fidelity, and render mutual help and support. (109a)

Art. 69. The husband and wife shall fix the family domicile. In case of disagreement, the court shall decide.

The court may exempt one spouse from living with the other if the latter should live abroad or there are other valid and compelling reasons for the exemption. However, such exemption shall not apply if the same is not compatible with the solidarity of the family. (110a)

Art. 70. The spouses are jointly responsible for the support of the family. The expenses for such support and other conjugal obligations shall be paid from the community property and, in the absence thereof, from the income or fruits of their separate properties. In case of insufficiency or absence of said income or fruits, such obligations shall be satisfied from the separate properties. (111a)

Art. 71. The management of the household shall be the right and the duty of both spouses. The expenses for such management shall be paid in accordance with the provisions of Article 70. (115a)

Art. 72. When one of the spouses neglects his or her duties to the conjugal union or commits acts which tend to bring danger, dishonor or injury to the other or to the family, the aggrieved party may apply to the court for relief. (116a)

Art. 73. Either spouse may exercise any legitimate profession, occupation, business or activity without the consent of the other. The latter may object only on valid, serious, and moral grounds.

In case of disagreement, the court shall decide whether or not:

(1) The objection is proper; and

(2) Benefit has occurred to the family prior to the objection or thereafter. If the benefit accrued prior to the objection, the resulting obligation shall be enforced against the separate property of the spouse who has not obtained consent.

The foregoing provisions shall not prejudice the rights of creditors who acted in good faith. (117a)

TITLE IV

PROPERTY RELATIONS BETWEEN HUSBAND AND WIFE

Chapter 1. General Provisions

Art. 74. The property relationship between husband and wife shall be governed in the following order:

(1) By marriage settlements executed before the marriage;

(2) By the provisions of this Code; and

(3) By the local custom. (118)

Art. 75. The future spouses may, in the marriage settlements, agree upon the regime of absolute community, conjugal partnership of gains, complete separation of property, or any other regime. In the absence of a marriage settlement, or when the regime agreed upon is void, the system of absolute community of property as established in this Code shall govern. (119a)

Art. 76. In order that any modification in the marriage settlements may be valid, it must be made before the celebration of the marriage, subject to the provisions of Articles 66, 67, 128, 135 and 136. (121)

Art. 77. The marriage settlements and any modification thereof shall be in writing, signed by the parties and executed before the celebration of the marriage. They shall not prejudice third persons unless they are registered in the local civil registry where the marriage contract is recorded as well as in the proper registries of properties. (122a)

Art. 78. A minor who according to law may contract marriage may also execute his or her marriage settlements, but they shall be valid only if the persons designated in Article 14 to give consent to the marriage are made parties to the agreement, subject to the provisions of Title IX of this Code. (120a)

Art. 79. For the validity of any marriage settlement executed by a person upon whom a sentence of civil interdiction has been pronounced or who is subject to any other disability, it shall be indispensable for the guardian appointed by a competent court to be made a party thereto. (123a)

Art. 80. In the absence of a contrary stipulation in a marriage settlement, the property relations of the spouses shall be governed by Philippine laws, regardless of the place of the celebration of the marriage and their residence.

This rule shall not apply:

(1) Where both spouses are aliens;

(2) With respect to the extrinsic validity of contracts affecting property not situated in the Philippines and executed in the country where the property is located; and

(3) With respect to the extrinsic validity of contracts entered into in the Philippines but affecting property situated in a foreign country whose laws require different formalities for its extrinsic validity. (124a)

Art. 81. Everything stipulated in the settlements or contracts referred to in the preceding articles in consideration of a future marriage, including donations between the prospective spouses made therein, shall be rendered void if the marriage does not take place. However, stipulations that do not depend upon the celebration of the marriages shall be valid. (125a)

Chapter 2. Donations by Reason of Marriage

Art. 82. Donations by reason of marriage are those which are made before its celebration, in consideration of the same, and in favor of one or both of the future spouses. (126)

Art. 83. These donations are governed by the rules on ordinary donations established in Title III of Book III of the Civil Code, insofar as they are not modified by the following articles. (127a)

Art. 84. If the future spouses agree upon a regime other than the absolute community of property, they cannot donate to each other in their marriage settlements more than one-fifth of their present property. Any excess shall be considered void.

Donations of future property shall be governed by the provisions on testamentary succession and the formalities of wills. (130a)

Art. 85. Donations by reason of marriage of property subject to encumbrances shall be valid. In case of foreclosure of the encumbrance and the property is sold for less than the total amount of the obligation secured, the donee shall not be liable for the deficiency. If the property is sold for more than the total amount of said obligation, the donee shall be entitled to the excess. (131a)

Art. 86. A donation by reason of marriage may be revoked by the donor in the following cases:

(1) If the marriage is not celebrated or judicially declared void ab initio except donations made in the marriage settlements, which shall be governed by Article 81;

(2) When the marriage takes place without the consent of the parents or guardian, as required by law;

(3) When the marriage is annulled, and the donee acted in bad faith;

(4) Upon legal separation, the donee being the guilty spouse;

(5) If it is with a resolutory condition and the condition is complied with;

(6) When the donee has committed an act of ingratitude as specified by the provisions of the Civil Code on donations in general. (132a)

Art. 87. Every donation or grant of gratuitous advantage, direct or indirect, between the spouses during the marriage shall be void, except moderate gifts which the spouses may give each other on the occasion of any family rejoicing. The prohibition shall also apply to persons living together as husband and wife without a valid marriage. (133a)

Chapter 3. System of Absolute Community

Section 1. General Provisions

Art. 88. The absolute community of property between spouses shall commence at the precise moment that the marriage is celebrated. Any stipulation, express or implied, for the commencement of the community regime at any other time shall be void. (145a)

Art. 89. No waiver of rights, shares and effects of the absolute community of property during the marriage can be made except in case of judicial separation of property.

When the waiver takes place upon a judicial separation of property, or after the marriage has been dissolved or annulled, the same shall appear in a public instrument and shall be recorded as provided in Article 77. The creditors of the spouse who made such waiver may petition the court to rescind the waiver to the extent of the amount sufficient to cover the amount of their credits. (146a)

Art. 90. The provisions on co-ownership shall apply to the absolute community of property between the spouses in all matters not provided for in this Chapter. (n)

Section 2. What Constitutes Community Property

Art. 91. Unless otherwise provided in this Chapter or in the marriage settlements, the community property shall consist of all the property owned by the spouses at the time of the celebration of the marriage or acquired thereafter. (197a)

Art. 92. The following shall be excluded from the community property:

(1) Property acquired during the marriage by gratuitous title by either spouse, and the fruits as well as the income thereof, if any, unless it is expressly provided by the donor, testator or grantor that they shall form part of the community property;

(2) Property for personal and exclusive use of either spouse. However, jewelry shall form part of the community property;

(3) Property acquired before the marriage by either spouse who has legitimate descendants by a former marriage, and the fruits as well as the income, if any, of such property. (201a)

Art. 93. Property acquired during the marriage is presumed to belong to the community, unless it is proved that it is one of those excluded therefrom. (160)

Section 3. Charges and Obligations of the Absolute Community

Art. 94. The absolute community of property shall be liable for:

(1) The support of the spouses, their common children, and legitimate children of either spouse; however, the support of illegitimate children shall be governed by the provisions of this Code on Support;

(2) All debts and obligations contracted during the marriage by the designated administrator-spouse for the benefit of the community, or by both spouses, or by one spouse with the consent of the other;

(3) Debts and obligations contracted by either spouse without the consent of the other to the extent that the family may have been benefited;

(4) All taxes, liens, charges and expenses, including major or minor repairs, upon the community property;

(5) All taxes and expenses for mere preservation made during marriage upon the separate property of either spouse used by the family;

(6) Expenses to enable either spouse to commence or complete a professional or vocational course, or other activity for self-improvement;

(7) Ante-nuptial debts of either spouse insofar as they have redounded to the benefit of the family;

(8) The value of what is donated or promised by both spouses in favor of their common legitimate children for the exclusive purpose of commencing or completing a professional or vocational course or other activity for self-improvement;

(9) Ante-nuptial debts of either spouse other than those falling under paragraph (7) of this Article, the support of illegitimate children of either spouse, and liabilities incurred by either spouse by reason of a crime or a quasi-delict, in case of absence or insufficiency of the exclusive property of the debtor-spouse, the payment of which shall be considered as advances to be deducted from the share of the debtor-spouse upon liquidation of the community; and

(10) Expenses of litigation between the spouses unless the suit is found to be groundless.

If the community property is insufficient to cover the foregoing liabilities, except those falling under paragraph (9), the spouses shall be solidarily liable for the unpaid balance with their separate properties. (161a, 162a, 163a, 202a-205a)

Art. 95. Whatever may be lost during the marriage in any game of chance, betting, sweepstakes, or any other kind of gambling, whether permitted or prohibited by law, shall be borne by the loser and shall not be charged to the community but any winnings therefrom shall form part of the community property. (164a)

Section 4. Ownership, Administrative,
Enjoyment and Disposition of the Community Property

Art. 96. The administration and enjoyment of the community property shall belong to both spouses jointly. In case of disagreement, the husband's decision shall prevail, subject to recourse to the court by the wife for proper remedy, which must be availed of within five years from the date of the contract implementing such decision.

In the event that one spouse is incapacitated or otherwise unable to participate in the administration of the common properties, the other spouse may assume sole powers of administration. These powers do not include disposition or encumbrance without authority of the court or the written consent of the other spouse. In the absence of such authority or consent, the disposition or encumbrance shall be void. However, the transaction shall be construed as a continuing offer on the part of the consenting spouse and the third person, and may be perfected as a binding contract upon the acceptance by the other spouse or authorization by the court before the offer is withdrawn by either or both offerors. (206a)

Art. 97. Either spouse may dispose by will of his or her interest in the community property. (n)

Art. 98. Neither spouse may donate any community property without the consent of the other. However, either spouse may, without the consent of the other, make moderate donations from the community property for charity or on occasions of family rejoicing or family distress. (n)

Section 5. Dissolution of Absolute Community Regime

Art. 99. The absolute community terminates:

(1) Upon the death of either spouse;

(2) When there is a decree of legal separation;

(3) When the marriage is annulled or declared void; or

(4) In case of judicial separation of property during the marriage under Articles 134 to 138. (175a)

Art. 100. The separation in fact between husband and wife shall not affect the regime of absolute community except that:

(1) The spouse who leaves the conjugal home or refuses to live therein, without just cause, shall not have the right to be supported;

(2) When the consent of one spouse to any transaction of the other is required by law, judicial authorization shall be obtained in a summary proceeding;

(3) In the absence of sufficient community property, the separate property of both spouses shall be solidarily liable for the support of the family. The spouse present shall, upon proper petition in a summary proceeding, be given judicial authority to administer or encumber any specific separate property of the other spouse and use the fruits or proceeds thereof to satisfy the latter's share. (178a)

Art. 101. If a spouse without just cause abandons the other or fails to comply with his or her obligations to the family, the aggrieved spouse may petition the court for receivership, for judicial separation of property or for authority to be the sole administrator of the absolute community, subject to such precautionary conditions as the court may impose.

The obligations to the family mentioned in the preceding paragraph refer to marital, parental or property relations.

A spouse is deemed to have abandoned the other when her or she has left the conjugal dwelling without intention of returning. The spouse who has left the conjugal dwelling for a period of three months or has failed within the same period to give any information as to his or her whereabouts shall be prima facie presumed to have no intention of returning to the conjugal dwelling. (178a)

Section 6. Liquidation of the Absolute Community
Assets and Liabilities

Art. 102. Upon dissolution of the absolute community regime, the following procedure shall apply:

(1) An inventory shall be prepared, listing separately all the properties of the absolute community and the exclusive properties of each spouse.

(2) The debts and obligations of the absolute community shall be paid out of its assets. In case of insufficiency of said assets, the spouses shall be solidarily liable for the unpaid balance with their separate properties in accordance with the provisions of the second paragraph of Article 94.

(3) Whatever remains of the exclusive properties of the spouses shall thereafter be delivered to each of them.

(4) The net remainder of the properties of the absolute community shall constitute its net assets, which shall be divided equally between husband and wife, unless a different proportion or division was agreed upon in the marriage settlements, or unless there has been a voluntary waiver of such share provided in this Code. For purpose of computing the net profits subject to forfeiture in accordance with Articles 43, No. (2) and 63, No. (2), the said profits shall be the increase in value between the market value of the community property at the time of the celebration of the marriage and the market value at the time of its dissolution.

(5) The presumptive legitimes of the common children shall be delivered upon partition, in accordance with Article 51.

(6) Unless otherwise agreed upon by the parties, in the partition of the properties, the conjugal dwelling and the lot on which it is situated shall be adjudicated to the spouse with whom the majority of the common children choose to remain. Children below the age of seven years are deemed to have chosen the mother, unless the court has decided otherwise. In case there in no such majority, the court shall decide, taking into consideration the best interests of said children. (n)

Art. 103. Upon the termination of the marriage by death, the community property shall be liquidated in the same proceeding for the settlement of the estate of the deceased.

If no judicial settlement proceeding is instituted, the surviving spouse shall liquidate the community property either judicially or extra-judicially within six months from the death of the deceased spouse. If upon the lapse of the six months period, no liquidation is made, any disposition or encumbrance involving the community property of the terminated marriage shall be void.

Should the surviving spouse contract a subsequent marriage without compliance with the foregoing requirements, a mandatory regime of complete separation of property shall govern the property relations of the subsequent marriage. (n)

Art. 104. Whenever the liquidation of the community properties of two or more marriages contracted by the same person before the effectivity of this Code is carried out simultaneously, the respective capital, fruits and income of each community shall be determined upon such proof as may be considered according to the rules of evidence. In case of doubt as to which community the existing properties belong, the same shall be divided between the different communities in proportion to the capital and duration of each. (189a)

Chapter 4. Conjugal Partnership of Gains

Section 1. General Provisions

Art. 105. In case the future spouses agree in the marriage settlements that the regime of conjugal partnership gains shall govern their property relations during marriage, the provisions in this Chapter shall be of supplementary application.

The provisions of this Chapter shall also apply to conjugal partnerships of gains already established between spouses before the effectivity of this Code, without prejudice to vested rights already acquired in accordance with the Civil Code or other laws, as provided in Article 256. (n)

Art. 106. Under the regime of conjugal partnership of gains, the husband and wife place in a common fund the proceeds, products, fruits and income from their separate properties and those acquired by either or both spouses through their efforts or by chance, and, upon dissolution of the marriage or of the partnership, the net gains or benefits obtained by either or both spouses shall be divided equally between them, unless otherwise agreed in the marriage settlements. (142a)

Art. 107. The rules provided in Articles 88 and 89 shall also apply to conjugal partnership of gains. (n)

Art. 108. The conjugal partnership shall be governed by the rules on the contract of partnership in all that is not in conflict with what is expressly determined in this Chapter or by the spouses in their marriage settlements. (147a)

Section 2. Exclusive Property of Each Spouse

Art. 109. The following shall be the exclusive property of each spouse:

(1) That which is brought to the marriage as his or her own;

(2) That which each acquires during the marriage by gratuitous title;

(3) That which is acquired by right of redemption, by barter or by exchange with property belonging to only one of the spouses; and

(4) That which is purchased with exclusive money of the wife or of the husband. (148a)

Art. 110. The spouses retain the ownership, possession, administration and enjoyment of their exclusive properties.

Either spouse may, during the marriage, transfer the administration of his or her exclusive property to the other by means of a public instrument, which shall be recorded in the registry of property of the place the property is located. (137a, 168a, 169a)

Art. 111. A spouse of age may mortgage, encumber, alienate or otherwise dispose of his or her exclusive property, without the consent of the other spouse, and appear alone in court to litigate with regard to the same. (n)

Art. 112. The alienation of any exclusive property of a spouse administered by the other automatically terminates the administration over such property and the proceeds of the alienation shall be turned over to the owner-spouse. (n)

Art. 113. Property donated or left by will to the spouses, jointly and with designation of determinate shares, shall pertain to the donee-spouses as his or her own exclusive property, and in the absence of designation, share and share alike, without prejudice to the right of accretion when proper. (150a)

Art. 114. If the donations are onerous, the amount of the charges shall be borne by the exclusive property of the donee spouse, whenever they have been advanced by the conjugal partnership of gains. (151a)

Art. 115. Retirement benefits, pensions, annuities, gratuities, usufructs and similar benefits shall be governed by the rules on gratuitous or onerous acquisitions as may be proper in each case. (n)

Section 3. Conjugal Partnership Property

Art. 116. All property acquired during the marriage, whether the acquisition appears to have been made, contracted or registered in the name of one or both spouses, is presumed to be conjugal unless the contrary is proved. (160a)

Art. 117. The following are conjugal partnership properties:

(1) Those acquired by onerous title during the marriage at the expense of the common fund, whether the acquisition be for the partnership, or for only one of the spouses;

(2) Those obtained from the labor, industry, work or profession of either or both of the spouses;

(3) The fruits, natural, industrial, or civil, due or received during the marriage from the common property, as well as the net fruits from the exclusive property of each spouse;

(4) The share of either spouse in the hidden treasure which the law awards to the finder or owner of the property where the treasure is found;

(5) Those acquired through occupation such as fishing or hunting;

(6) Livestock existing upon the dissolution of the partnership in excess of the number of each kind brought to the marriage by either spouse; and

(7) Those which are acquired by chance, such as winnings from gambling or betting. However, losses therefrom shall be borne exclusively by the loser-spouse. (153a, 154a, 155, 159)

Art. 118. Property bought on installments paid partly from exclusive funds of either or both spouses and partly from conjugal funds belongs to the buyer or buyers if full ownership was vested before the marriage and to the conjugal partnership if such ownership was vested during the marriage. In either case, any amount advanced by the partnership or by either or both spouses shall be reimbursed by the owner or owners upon liquidation of the partnership. (n)

Art. 119. Whenever an amount or credit payable within a period of time belongs to one of the spouses, the sums which may be collected during the marriage in partial payments or by installments on the principal shall be the exclusive property of the spouse. However, interests falling due during the marriage on the principal shall belong to the conjugal partnership. (156a, 157a)

Art. 120. The ownership of improvements, whether for utility or adornment, made on the separate property of the spouses at the expense of the partnership or through the acts or efforts of either or both spouses shall pertain to the conjugal partnership, or to the original owner-spouse, subject to the following rules:

When the cost of the improvement made by the conjugal partnership and any resulting increase in value are more than the value of the property at the time of the improvement, the entire property of one of the spouses shall belong to the conjugal partnership, subject to reimbursement of the value of the property of the owner-spouse at the time of the improvement; otherwise, said property shall be retained in ownership by the owner-spouse, likewise subject to reimbursement of the cost of the improvement.

In either case, the ownership of the entire property shall be vested upon the reimbursement, which shall be made at the time of the liquidation of the conjugal partnership. (158a)

Section 4. Charges Upon and Obligations of
the Conjugal Partnership

Art. 121. The conjugal partnership shall be liable for:

(1) The support of the spouse, their common children, and the legitimate children of either spouse; however, the support of illegitimate children shall be governed by the provisions of this Code on Support;

(2) All debts and obligations contracted during the marriage by the designated administrator-spouse for the benefit of the conjugal partnership of gains, or by both spouses or by one of them with the consent of the other;

(3) Debts and obligations contracted by either spouse without the consent of the other to the extent that the family may have benefited;

(4) All taxes, liens, charges, and expenses, including major or minor repairs upon the conjugal partnership property;

(5) All taxes and expenses for mere preservation made during the marriage upon the separate property of either spouse;

(6) Expenses to enable either spouse to commence or complete a professional, vocational, or other activity for self-improvement;

(7) Ante-nuptial debts of either spouse insofar as they have redounded to the benefit of the family;

(8) The value of what is donated or promised by both spouses in favor of their common legitimate children for the exclusive purpose of commencing or completing a professional or vocational course or other activity for self-improvement; and

(9) Expenses of litigation between the spouses unless the suit is found to groundless.

If the conjugal partnership is insufficient to cover the foregoing liabilities, the spouses shall be solidarily liable for the unpaid balance with their separate properties. (161a)

Art. 122. The payment of personal debts contracted by the husband or the wife before or during the marriage shall not be charged to the conjugal properties partnership except insofar as they redounded to the benefit of the family.

Neither shall the fines and pecuniary indemnities imposed upon them be charged to the partnership.

However, the payment of personal debts contracted by either spouse before the marriage, that of fines and indemnities imposed upon them, as well as the support of illegitimate children of either spouse, may be enforced against the partnership assets after the responsibilities enumerated in the preceding Article have been covered, if the spouse who is bound should have no exclusive property or if it should be insufficient; but at the time of the liquidation of the partnership, such spouse shall be charged for what has been paid for the purpose above-mentioned. (163a)

Art. 123. Whatever may be lost during the marriage in any game of chance or in betting, sweepstakes, or any other kind of gambling whether permitted or prohibited by law, shall be borne by the loser and shall not be charged to the conjugal partnership but any winnings therefrom shall form part of the conjugal partnership property. (164a)

Section 5. Administration of the
Conjugal Partnership Property

Art. 124. The administration and enjoyment of the conjugal partnership shall belong to both spouses jointly. In case of disagreement, the husband's decision shall prevail, subject to recourse to the court by the wife for proper remedy, which must be availed of within five years from the date of the contract implementing such decision.

In the event that one spouse is incapacitated or otherwise unable to participate in the administration of the conjugal properties, the other spouse may assume sole powers of administration. These powers do not include disposition or encumbrance without authority of the court or the written consent of the other spouse. In the absence of such authority or consent, the disposition or encumbrance shall be void. However, the transaction shall be construed as a continuing offer on the part of the consenting spouse and the third person, and may be perfected as a binding contract upon the acceptance by the other spouse or authorization by the court before the offer is withdrawn by either or both offerors. (165a)

Art. 125. Neither spouse may donate any conjugal partnership property without the consent of the other. However, either spouse may, without the consent of the other, make moderate donations from the conjugal partnership property for charity or on occasions of family rejoicing or family distress. (174a)

Section 6. Dissolution of Conjugal Partnership Regime

Art. 126. The conjugal partnership terminates:

(1) Upon the death of either spouse;

(2) When there is a decree of legal separation;

(3) When the marriage is annulled or declared void; or

(4) In case of judicial separation of property during the marriage under Articles 134 to 138. (175a)

Art. 127. The separation in fact between husband and wife shall not affect the regime of conjugal partnership, except that:

(1) The spouse who leaves the conjugal home or refuses to live therein, without just cause, shall not have the right to be supported;

(2) When the consent of one spouse to any transaction of the other is required by law, judicial authorization shall be obtained in a summary proceeding;

(3) In the absence of sufficient conjugal partnership property, the separate property of both spouses shall be solidarily liable for the support of the family. The spouse present shall, upon petition in a summary proceeding, be given judicial authority to administer or encumber any specific separate property of the other spouse and use the fruits or proceeds thereof to satisfy the latter's share. (178a)

Art. 128. If a spouse without just cause abandons the other or fails to comply with his or her obligation to the family, the aggrieved spouse may petition the court for receivership, for judicial separation of property, or for authority to be the sole administrator of the conjugal partnership property, subject to such precautionary conditions as the court may impose.

The obligations to the family mentioned in the preceding paragraph refer to marital, parental or property relations.

A spouse is deemed to have abandoned the other when he or she has left the conjugal dwelling without intention of returning. The spouse who has left the conjugal dwelling for a period of three months or has failed within the same period to give any information as to his or her whereabouts shall be prima facie presumed to have no intention of returning to the conjugal dwelling. (167a, 191a)

Section 7. Liquidation of the
Conjugal Partnership Assets and Liabilities

Art. 129. Upon the dissolution of the conjugal partnership regime, the following procedure shall apply:

(1) An inventory shall be prepared, listing separately all the properties of the conjugal partnership and the exclusive properties of each spouse.

(2) Amounts advanced by the conjugal partnership in payment of personal debts and obligations of either spouse shall be credited to the conjugal partnership as an asset thereof.

(3) Each spouse shall be reimbursed for the use of his or her exclusive funds in the acquisition of property or for the value of his or her exclusive property, the ownership of which has been vested by law in the conjugal partnership.

(4) The debts and obligations of the conjugal partnership shall be paid out of the conjugal assets. In case of insufficiency of said assets, the spouses shall be solidarily liable for the unpaid balance with their separate properties, in accordance with the provisions of paragraph (2) of Article 121.

(5) Whatever remains of the exclusive properties of the spouses shall thereafter be delivered to each of them.

(6) Unless the owner had been indemnified from whatever source, the loss or deterioration of movables used for the benefit of the family, belonging to either spouse, even due to fortuitous event, shall be paid to said spouse from the conjugal funds, if any.

(7) The net remainder of the conjugal partnership properties shall constitute the profits, which shall be divided equally between husband and wife, unless a different proportion or division was agreed upon in the marriage settlements or unless there has been a voluntary waiver or forfeiture of such share as provided in this Code.

(8) The presumptive legitimes of the common children shall be delivered upon the partition in accordance with Article 51.

(9) In the partition of the properties, the conjugal dwelling and the lot on which it is situated shall, unless otherwise agreed upon by the parties, be adjudicated to the spouse with whom the majority of the common children choose to remain. Children below the age of seven years are deemed to have chosen the mother, unless the court has decided otherwise. In case there is no such majority, the court shall decide, taking into consideration the best interests of said children. (181a, 182a, 183a, 184a, 185a)

Art. 130. Upon the termination of the marriage by death, the conjugal partnership property shall be liquidated in the same proceeding for the settlement of the estate of the deceased.

If no judicial settlement proceeding is instituted, the surviving spouse shall liquidate the conjugal partnership property either judicially or extra-judicially within six months from the death of the deceased spouse. If upon the lapse of the six-month period no liquidation is made, any disposition or encumbrance involving the conjugal partnership property of the terminated marriage shall be void.

Should the surviving spouse contract a subsequent marriage without compliance with the foregoing requirements, a mandatory regime of complete separation of property shall govern the property relations of the subsequent marriage. (n)

Art. 131. Whenever the liquidation of the conjugal partnership properties of two or more marriages contracted by the same person before the effectivity of this Code is carried out simultaneously, the respective capital, fruits and income of each partnership shall be determined upon such proof as may be considered according to the rules of evidence. In case of doubt as to which partnership the existing properties belong, the same shall be divided between the different partnerships in proportion to the capital and duration of each. (189a)

Art. 132. The Rules of Court on the administration of estates of deceased persons shall be observed in the appraisal and sale of property of the conjugal partnership, and other matters which are not expressly determined in this Chapter. (187a)

Art. 133. From the common mass of property support shall be given to the surviving spouse and to the children during the liquidation of the inventoried property and until what belongs to them is delivered; but from this shall be deducted that amount received for support which exceeds the fruits or rents pertaining to them. (188a)

Chapter 5. Separation of Property of the
Spouses and Administration of Common Property by
One Spouse During the Marriage

Art. 134. In the absence of an express declaration in the marriage settlements, the separation of property between spouses during the marriage shall not take place except by judicial order. Such judicial separation of property may either be voluntary or for sufficient cause. (190a)

Art. 135. Any of the following shall be considered sufficient cause for judicial separation of property:

(1) That the spouse of the petitioner has been sentenced to a penalty which carries with it civil interdiction;

(2) That the spouse of the petitioner has been judicially declared an absentee;

(3) That loss of parental authority of the spouse of petitioner has been decreed by the court;

(4) That the spouse of the petitioner has abandoned the latter or failed to comply with his or her obligations to the family as provided for in Article 101;

(5) That the spouse granted the power of administration in the marriage settlements has abused that power; and

(6) That at the time of the petition, the spouses have been separated in fact for at least one year and reconciliation is highly improbable.

In the cases provided for in Numbers (1), (2) and (3), the presentation of the final judgment against the guilty or absent spouse shall be enough basis for the grant of the decree of judicial separation of property. (191a)

Art. 136. The spouses may jointly file a verified petition with the court for the voluntary dissolution of the absolute community or the conjugal partnership of gains, and for the separation of their common properties.

All creditors of the absolute community or of the conjugal partnership of gains, as well as the personal creditors of the spouse, shall be listed in the petition and notified of the filing thereof. The court shall take measures to protect the creditors and other persons with pecuniary interest. (191a)

Art. 137. Once the separation of property has been decreed, the absolute community or the conjugal partnership of gains shall be liquidated in conformity with this Code.

During the pendency of the proceedings for separation of property, the absolute community or the conjugal partnership shall pay for the support of the spouses and their children. (192a)

Art. 138. After dissolution of the absolute community or of the conjugal partnership, the provisions on complete separation of property shall apply. (191a)

Art. 139. The petition for separation of property and the final judgment granting the same shall be recorded in the proper local civil registries and registries of property. (193a)

Art. 140. The separation of property shall not prejudice the rights previously acquired by creditors. (194a)

Art. 141. The spouses may, in the same proceedings where separation of property was decreed, file a motion in court for a decree reviving the property regime that existed between them before the separation of property in any of the following instances:

(1) When the civil interdiction terminates;

(2) When the absentee spouse reappears;

(3) When the court, being satisfied that the spouse granted the power of administration in the marriage settlements will not again abuse that power, authorizes the resumption of said administration;

(4) When the spouse who has left the conjugal home without a decree of legal separation resumes common life with the other;

(5) When parental authority is judicially restored to the spouse previously deprived thereof;

(6) When the spouses who have separated in fact for at least one year, reconcile and resume common life; or

(7) When after voluntary dissolution of the absolute community of property or conjugal partnership has been judicially decreed upon the joint petition of the spouses, they agree to the revival of the former property regime. No voluntary separation of property may thereafter be granted.

The revival of the former property regime shall be governed by Article 67. (195a)

Art. 142. The administration of all classes of exclusive property of either spouse may be transferred by the court to the other spouse:

(1) When one spouse becomes the guardian of the other;

(2) When one spouse is judicially declared an absentee;

(3) When one spouse is sentenced to a penalty which carries with it civil interdiction; or

(4) When one spouse becomes a fugitive from justice or is in hiding as an accused in a criminal case.

If the other spouse is not qualified by reason of incompetence, conflict of interest, or any other just cause, the court shall appoint a suitable person to be the administrator. (n)

Chapter 6. Regime of Separation of Property

Art. 143. Should the future spouses agree in the marriage settlements that their property relations during marriage shall be governed by the regime of separation of property, the provisions of this Chapter shall be suppletory. (212a)

Art. 144. Separation of property may refer to present or future property or both. It may be total or partial. In the latter case, the property not agreed upon as separate shall pertain to the absolute community. (213a)

Art. 145. Each spouse shall own, dispose of, possess, administer and enjoy his or her own separate estate, without need of the consent of the other. To each spouse shall belong all earnings from his or her profession, business or industry and all fruits, natural, industrial or civil, due or received during the marriage from his or her separate property. (214a)

Art. 146. Both spouses shall bear the family expenses in proportion to their income, or, in case of insufficiency or default thereof, to the current market value of their separate properties.chan robles virtual law library

The liabilities of the spouses to creditors for family expenses shall, however, be solidary. (215a)

Chapter 7. Property Regime of Unions Without Marriage

Art. 147. When a man and a woman who are capacitated to marry each other, live exclusively with each other as husband and wife without the benefit of marriage or under a void marriage, their wages and salaries shall be owned by them in equal shares and the property acquired by both of them through their work or industry shall be governed by the rules on co-ownership.

In the absence of proof to the contrary, properties acquired while they lived together shall be presumed to have been obtained by their joint efforts, work or industry, and shall be owned by them in equal shares. For purposes of this Article, a party who did not participate in the acquisition by the other party of any property shall be deemed to have contributed jointly in the acquisition thereof if the former's efforts consisted in the care and maintenance of the family and of the household.

Neither party can encumber or dispose by acts inter vivos of his or her share in the property acquired during cohabitation and owned in common, without the consent of the other, until after the termination of their cohabitation.

When only one of the parties to a void marriage is in good faith, the share of the party in bad faith in the co-ownership shall be forfeited in favor of their common children. In case of default of or waiver by any or all of the common children or their descendants, each vacant share shall belong to the respective surviving descendants. In the absence of descendants, such share shall belong to the innocent party. In all cases, the forfeiture shall take place upon termination of the cohabitation. (144a)

Art. 148. In cases of cohabitation not falling under the preceding Article, only the properties acquired by both of the parties through their actual joint contribution of money, property, or industry shall be owned by them in common in proportion to their respective contributions. In the absence of proof to the contrary, their contributions and corresponding shares are presumed to be equal. The same rule and presumption shall apply to joint deposits of money and evidences of credit.

If one of the parties is validly married to another, his or her share in the co-ownership shall accrue to the absolute community or conjugal partnership existing in such valid marriage. If the party who acted in bad faith is not validly married to another, his or her shall be forfeited in the manner provided in the last paragraph of the preceding Article.

The foregoing rules on forfeiture shall likewise apply even if both parties are in bad faith. (144a)

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. 105. 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)chan robles virtual law library

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) chan robles virtual law library

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)

TITLE X

EMANCIPATION AND AGE OF MAJORITY

Art. 234. Emancipation takes place by the attainment of majority. Unless otherwise provided, majority commences at the age of twenty-one years.

Emancipation also takes place:

(1) By the marriage of the minor; or

(2) By the recording in the Civil Register of an agreement in a public instrument executed by the parent exercising parental authority and the minor at least eighteen years of age. Such emancipation shall be irrevocable. (397a, 398a, 400a, 401a)

Art. 235. The provisions governing emancipation by recorded agreement shall also apply to an orphan minor and the person exercising parental authority but the agreement must be approved by the court before it is recorded. (n)

Art. 236. Emancipation for any cause shall terminate parental authority over the person and property of the child who shall then be qualified and responsible for all acts of civil life. (412a)

Art. 237. The annulment or declaration of nullity of the marriage of a minor or of the recorded agreement mentioned in the foregoing. Articles 234 and 235 shall revive the parental authority over the minor but shall not affect acts and transactions that took place prior to the recording of the final judgment in the Civil Register. (n)

TITLE XI

SUMMARY JUDICIAL PROCEEDINGS IN THE FAMILY LAW

Chapter 1. Prefatory Provisions

Art. 238. Until modified by the Supreme Court, the procedural rules provided for in this Title shall apply as regards separation in fact between husband and wife, abandonment by one of the other, and incidents involving parental authority. (n)

Chapter 2. Separation in Fact

Art. 239. When a husband and wife are separated in fact, or one has abandoned the other and one of them seeks judicial authorization for a transaction where the consent of the other spouse is required by law but such consent is withheld or cannot be obtained, a verified petition may be filed in court alleging the foregoing facts.

The petition shall attach the proposed deed, if any, embodying the transaction, and, if none, shall describe in detail the said transaction and state the reason why the required consent thereto cannot be secured. In any case, the final deed duly executed by the parties shall be submitted to and approved by the court. (n)

Art. 240. Claims for damages by either spouse, except costs of the proceedings, may be litigated only in a separate action. (n)

Art. 241. Jurisdiction over the petition shall, upon proof of notice to the other spouse, be exercised by the proper court authorized to hear family cases, if one exists, or in the regional trial court or its equivalent sitting in the place where either of the spouses resides. (n)

Art. 242. Upon the filing of the petition, the court shall notify the other spouse, whose consent to the transaction is required, of said petition, ordering said spouse to show cause why the petition should not be granted, on or before the date set in said notice for the initial conference. The notice shall be accompanied by a copy of the petition and shall be served at the last known address of the spouse concerned. (n)

Art. 243. A preliminary conference shall be conducted by the judge personally without the parties being assisted by counsel. After the initial conference, if the court deems it useful, the parties may be assisted by counsel at the succeeding conferences and hearings. (n)

Art. 244. In case of non-appearance of the spouse whose consent is sought, the court shall inquire into the reasons for his failure to appear, and shall require such appearance, if possible. (n)

Art. 245. If, despite all efforts, the attendance of the non-consenting spouse is not secured, the court may proceed ex parte and render judgment as the facts and circumstances may warrant. In any case, the judge shall endeavor to protect the interests of the non-appearing spouse. (n)

Art. 246. If the petition is not resolved at the initial conference, said petition shall be decided in a summary hearing on the basis of affidavits, documentary evidence or oral testimonies at the sound discretion of the court. If testimony is needed, the court shall specify the witnesses to be heard and the subject-matter of their testimonies, directing the parties to present said witnesses. (n)

Art. 247. The judgment of the court shall be immediately final and executory. (n)

Art. 248. The petition for judicial authority to administer or encumber specific separate property of the abandoning spouse and to use the fruits or proceeds thereof for the support of the family shall also be governed by these rules. (n)

Chapter 3. Incidents Involving Parental Authority

Art. 249. Petitions filed under Articles 223, 225 and 235 of this Code involving parental authority shall be verified. (n)

Art. 250. Such petitions shall be verified and filed in the proper court of the place where the child resides. (n)

Art. 251. Upon the filing of the petition, the court shall notify the parents or, in their absence or incapacity, the individuals, entities or institutions exercising parental authority over the child. (n)

Art. 252. The rules in Chapter 2 hereof shall also govern summary proceedings under this Chapter insofar as they are applicable. (n)

Chapter 4. Other Matters Subject to Summary Proceedings

Art. 253. The foregoing rules in Chapters 2 and 3 hereof shall likewise govern summary proceedings filed under Articles 41, 51, 69, 73, 96, 124 and 127, insofar as they are applicable. (n)

TITLE XII

FINAL PROVISIONS

Art. 254. Titles III, IV, V, VI, VIII, IX, XI, and XV of Book 1 of Republic Act No. 386, otherwise known as the Civil Code of the Philippines, as amended, and Articles 17, 18, 19, 27, 28, 29, 30, 31, 39, 40, 41, and 42 of Presidential Decree No. 603, otherwise known as the Child and Youth Welfare Code, as amended, and all laws, decrees, executive orders, proclamations, rules and regulations, or parts thereof, inconsistent herewith are hereby repealed.

Art. 255. If any provision of this Code is held invalid, all the other provisions not affected thereby shall remain valid.

Art. 256. This Code shall have retroactive effect insofar as it does not prejudice or impair vested or acquired rights in accordance with the Civil Code or other laws.

Art. 257. This Code shall take effect one year after the completion of its publication in a newspaper of general circulation, as certified by the Executive Secretary, Office of the President.
Done in the City of Manila, this 6th day of July, in the year of Our Lord, nineteen hundred and eighty-seven.

2011-09-30T21:15:00.000-07:00

Professional Regulation Commission of the Republic of the Philippines

Code of Ethics
for Registered Librarians

Approved by the Professional Regulation Commission of the Republic of the Philippines in the City of Manila the 14th of August, 1992 (Resolution No. 02 8 1992)

Preamble

Librarians are imbued with lofty ideals of service to people through books and other records of knowledge, a service they believe is their best way to serve humanity, enrich people's lives and attain self actualization.

Through the years the profession of librarianship has developed, and a codification of ideal practices and relationship has become necessary to guide the practitioner in maintaining standards of ethical behavior in his relation with state and society, with clients, with profession and colleagues, with agency, and with oneself.

Art. I Relation with State and Society

1. Librarians should recognize and respect the supreme authority of the State as expressed through its laws and implemented by its agencies.
2. Librarians should always observe that the well-being of the public and interest of the State are above the well-being and interest of any individual.
3. Librarians should get involved in civic affairs and cooperate with other organizations to promote the growth and development of the community.

Art. II Relation with Clients

1. Librarians should remain true to the people they serve. They must act with dignity, fairness, justice, sincerity and genuine willingness in the discharge of their duties. They should refrain from doing acts contrary to laws, morals, customs and public interest.
2. Librarians should provide the highest level of service through courteous, prompt, adequate, skillful, accurate and unbiased responses to all requests for assistance.
3. Librarians should keep in confidence information that has been obtained in the course of professional service except when disclosure to the appropriate authority is clearly in the public interest.
4. Librarians should not discriminate against any library user. They should always make known to the public the resources and services of the library.

Art. III Relation with profession and Colleagues

1. Librarians should regard their profession as a public trust and at all times uphold the integrity and dignity of the profession and protect it from misrepresentation.
2. Librarians should not directly or indirectly assist in the unauthorized practice of librarianship. They should report any violation of any provision of existing laws, rules and regulations, the Code of Ethics for Registered Librarians and other laws affecting the practice of librarianship to the Board for Librarians for proper action.
3. Librarians should exchange information with their fellow librarians, contribute to the work of library associations and library schools and cooperate in such other endeavors as to enhance the effectiveness of the library and information science profession.
4. Librarians should observe punctuality in appointments, in the discharge of duties, in the fulfillment of contracts, and in any other relationship with clients, employees and employers.
5. Librarians should avoid situations in which personal interest might be served or financial benefits gained at the expense of library users, colleagues or the employing agency.
6. Librarians should be guided in all their relations by the highest standards of honor and integrity and shall act with fairness and impartiality to all.
7. Librarians should keep their reputation above reproach and should so conduct themselves to gain public esteem and respect for the library and the profession.
8. Librarians should strive to improve, enhance and upgrade their professional knowledge through formal and informal means.
9. Librarians should encourage and provide opportunities for the professional development and advancement of librarians in their employ.
10. Librarians should perform and discharge their duties with the highest degree of professionalism, excellence, intelligence and skill.
11. Librarians should not malign directly or indirectly the professional reputation, competence, capability, prospects or practice of another professional. They should not use any unfair means to gain professional advancement.
12. Librarians should adhere to the principles of due process and equality of opportunity in peer relationships and personal actions.
13. Librarians should distinguish clearly in their actions and statements between their personal philosophies and attitudes and those of an institution or professional body.
14. Librarians should help to create and maintain conditions under which scholarship can exist like freedom of inquiry, of thought and of expression.
15. Librarians should be receptive to new ideas, new knowledge and innovations that will contribute to the development of the profession.

Art. IV Relation with Agency

1. Librarians should assist in the improvement of libraries and information systems.
2. Librarians should be vigilant in the protection of all library property and resources.
3. Librarians should resist all efforts by groups or individuals to censor library materials.
4. Librarians should perform the functions of their office in good faith and to the best of their abilities, using reasonable skills and diligence, particularly where rights of individuals may be jeopardized by their neglect.
5. Librarians should discharge their duties with promptness, punctuality and dispatch.

Art. V Relation to Oneself

1. Librarians should not accept gifts or favors that might lead to unfair library practice, nor offer any favor, service or things of value to obtain special advantage.
2. Librarians should not engage in any activity that would result in a conflict of interest. They should not enter into transactions prejudicial to the library and should not appropriate resources of the library for their personal gain.
3. Librarians should be entitled to a just and fair compensation for services rendered. In the computation of such compensation, the period of time consumed, the knowledge, experience, ability and reputation brought into the plan/project, depreciation of materials/equipment used, if any, shall be taken into consideration. Every factor to be accorded such weight as shall be just and reasonable in each specific case.
4. Librarians should refrain from associating with, or allowing the use of their names by any persons or organizations whose relationship therewith would cast a doubt on their integrity and reputation.

Art VI Effectivity of the Code

The herein Code shall upon approval hereof by the Commission, take effect after three (3) months following its publication in the Official Gazette or in any newspaper of general circulation.

2011-09-25T05:25:00.000-07:00

Republic of the Philippines
Congress of the Philippines
Metro Manila

Tenth Congress

REPUBLIC ACT NO. 8292
June 6, 1997

AN ACT PROVIDING FOR THE UNIFORM COMPOSITION AND POWERS OF THE GOVERNING BOARDS, THE MANNER OF APPOINTMENT AND TERM OF OFFICE OF THE PRESIDENT OF CHARTERED STATE UNIVERSITIES AND COLLEGES, AND FOR OTHER PURPOSES

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

Section 1. Short title. – This Act shall be known as the "Higher Education Modernization Act of 1997."

Sec. 2. Declaration of policy. – It is the declared policy of the State to establish, maintain, and support a complete, adequate and integrated system of education relevant to the needs of the people society. Towards this end, the composition of the governing boards of chartered state universities and colleges is hereby modified in order to:

(a) achieve a more coordinated and integrated system of higher education;

(b) render them more effective in the formulation and implementation of policies on higher education;

(c) provide for more relevant direction in their governance; and

(d) ensure the enjoyment of academic freedom as guaranteed by the Constitution.

Section 3. The Governing Boards; manner of appointment. –

(a) Composition – The governing body of state universities and colleges is hereby in the Board of Regents for universities and in the Board of Trustees for colleges which shall be composed of the following:

(i) Chairman of the Commission on Higher Education (CHED), Chairman;

(ii) President of the university or college, Vice Chairman;

(iii) Chairmen of the Congressional Committees on Education and Culture;

(iv) Regional Director of the National Economic Development Authority (NEDA) where the main campus of the university or college is located;

(v) Regional Director of the Department of Science and Technology (DOST) in case of science and technological colleges; or the Regional Director of the Department of Agriculture colleges; or the Secretary of Education for an Autonomous Region. In lieu of such representation, the commanding generals of the Philippine Air Force and the Philippine Navy shall sit as members of the Board of the Philippine State College of Aeronautics and the Philippine Merchant marine Academy, respectively;

(vi) President of the faculty association;

(vii) President of the supreme student council or the student representative elected by the student council: Provided, That in the absence of a student council president of student representative elected by the student council, the university or college shall schedule one (1) weekly for the campaign and election of student representative;

(viii) President of the alumni association of the institution concerned;

(ix) Two (2) prominent citizens who have distinguished themselves in their professions or fields of specialization chosen from among lists of at least five (5) persons qualified in the city or the province where the school is located, as recommended by the search committee constituted by the President consultation with the Chairman of the CHED based on the normal standards and qualifications for the position;

The faculty and the student council shall be represented of their respective federations in multi-campus universities and colleges. The private sector representatives shall be appointed by the Board of Regents/Trustees upon recommendation of a duly constituted search committee.

(b) Term of office – The president of the faculty and alumni associations and the student regents or trustees shall sit in the board until expiration of their term of office in such capacities.

The prominent citizens shall serve for a term of two (2) years.

(c) Meetings; quorum – The Board of Regents/Trustees shall regularly convene at least once every quarter. The Chairman of the Board of Regents/Trustees may call a special meeting whenever necessary: Provided, That members are notified in writing at least three (3) days prior to said meeting.

A majority of all members holding office shall constitute a quorum for board meetings: Provided, that the Chairman of the CHED who is the chairman of the Board or the president of the university or college is among those present in the meeting. In the absence of the Chairman of the CHED, a commissioner of the CHED, duly designed by him, shall represent him in the meeting all the rights and responsibilities of a regular member: Provided, however, That in the said meeting, the president of the university or college as vice chairman shall be the presiding officer: Provided, further, That this proviso notwithstanding, the Chairman of the CHED is hereby authorized to designate a CHED Commissioner the regular Chair to the Board of a particular university or college, in which case said CHED Commissioner shall act as the presiding officer.

The members shall serve without compensation, but they shall be reimbursed for necessary expense incurred in their attendance of meetings of the Board or in connection with their official business authorities by resolution of the Board.

Sec. 4. Powers and duties of Governing Boards. – The governing board shall have the following specific powers and duties in addition to its general powers of administration and the exercise of all the powers granted to the board of directors of a corporation under Sec. 36 of Batas Pambansa Blg. 68 otherwise known as the Corporation Code of the Philippines;

(a) to enact rules and regulations not contrary to law as may be necessary to carry to carry out the purposes and functions of the university or college;

(b) to receive and appropriate all sums as may be provided, for the support of the university or college in the manner it may determine, in its discretion, to carry out the purposes and functions of the university or college;

(c) to receive in trust legacies, gifts and donations of real and personal properties of all kinds, to administer and dispose the same when necessary for the benefit of the university or college, subject to limitations, directions and instructions of the donors, if any. Such donations shall be exempt from all taxes and shall be considered as deductible items from the income tax of the donor: Provided, however, That the rights, privileges and exemptions extended by this Act shall likewise be extended to non-stock, non-profit private universities and colleges: Provided, finally, That the same privileges shall also be extended to city colleges and universities with the approval of the local government to city colleges and universities with the approval of the local government unit concerned and in coordination with the CHED;

(d) to fix the tuition fees and other necessary school charges, such as but not limited matriculation fees, graduation fees and laboratory fees, as their respective boards may deem proper to impose after due consultations with the involved sectors.

Such fees and charges, including government subsidies and other income generated by the university or college, shall constitute special trust funds and shall be deposited in any authorized government depository bank, and all interests shall accrue therefrom shall part of the same fund for the use of the university or college: Provided, That income derived from university hospitals shall be exclusively earmarked for the operating expenses of the hospitals.

Any provision of existing laws, rules and regulations to the contrary notwithstanding, any income generated by the university or college from tuition fees and other charges, as well as from the operation of auxiliary services and land grants, shall be retained by the university or college, and may be disbursed by the Board of Regents/Trustees for instruction, research, extension, or other programs/projects of the university or college: Provided, That all fiduciary fees shall be disbursed for the specific purposes for which they are collected.

If, for reason of control, the university or college, shall not be able to pursue any project for which funds have been appropriated and, allocated under its approved program of expenditures, the Board of Regents/Trustees may authorize the use of said funds for any reasonable purpose which, in its discretion, may be necessary and urgent for the attainment of the objectives and goals of the universities or college;

(e) to adopt and implement a socialized scheme of tuition and school fees for greater access to poor but deserving students;

(f) to authorize the construction or repair of its buildings, machineries, equipment and other facilities and the purchase and acquisition of real and personal properties including necessary supplies, materials and equipment. Purchases and other transactions entered into by the university or college through the Board of Regents/Trustees shall be exempt from all taxes and duties;

(g) to appoint, upon the recommendation of the president of the university or college, vice presidents, deans, directors, heads of departments, faculty members and other officials and employees;

(h) to fix and adjust salaries of faculty members and administrative officials and employees subject to the provisions of the revised compensation and classification system and other pertinent budget and compensation laws governing hours of service, and such other duties and conditions as it may deem proper; to grant them, at its discretion, leaves of absence under such regulations as it may promulgate, any provisions of existing law to the contrary not with standing; and to remove them for cause in accordance with the requirements of due process of law;

(i) to approve the curricula, institutional programs and rules of discipline drawn by the administrative and academic councils as herein provided;

(j) to set polices on admission and graduation of students;

(k) to award honorary degrees upon persons in recognition of outstanding contribution in the field of education, public service, arts, science and technology or in any field of specialization within the academic competence of the university or college and to authorize the award of certificates of completion of non-degree and non-traditional courses;

(l) to absorb non-chartered tertiary institutions within their respective provinces in coordination with the CHED and in consultation with the Department of Budget and Management, and to offer therein needed programs or courses, to promote and carry out equal access to educational opportunities mandated by the Constitution ;

(m) to establish research and extension centers of the SUC where such will promote the development of the latter;

(n) to establish chairs in the university or college and to provide fellowships for qualified faculty members and scholarships to deserving students;

(o) to delegate any of its powers and duties provided for hereinabove to the president and/or other officials of the university or college as it may deem appropriate so as to expedite the administration of the affairs of the university or college;

(p) to authorize an external management audit of the institution, to be financed by the CHED and to institute reforms, including academic and structural changes, on the basis of the audit results and recommendations;

(q) to collaborate with other governing boards of SUCs within the province or the region, under the supervision of the CHED and in consultation with the Department of Budget and Management, the restructuring of said colleges and universities to become more efficient, relevant, productive, and competitive;

(r) to enter into joint ventures with business and industry for the profitable development and management of the economic assets of the college or institution, the proceeds from which to be used for the development and strengthening of the college or university;

(s) to develop consortia and other forms of linkages with local government units, institutions and agencies, both public and private, local and foreign, in furtherance of the purposes and objectives of the institution;

(t) to develop academic arrangements for institution capability building with appropriate institutions and agencies, public or private, local or foreign, and to appoint experts/specialists as consultants, or visiting or exchange professors, scholars, researchers, as the case may be;

(u) to set up the adoption of modern and innovative modes of transmitting knowledge such as the use of information technology, the dual system, open learning, community laboratory, etc., for the promotion of greater access to higher education;

(v) to establish policy guidelines and procedures for participative decision-making and transparency within the institution;

(w) to privatize, where most advantageous to the institution, management and non-academic services such as health, food, building or grounds or property maintenance and similar such other objectives; and

(x) to extend the term of the president of the college or university beyond the age of retirement but not later than the age of seventy (70), whose performance has been unanimously rated as outstanding and upon unanimous recommendation by the search committee for the president of the institution concerned.

Sec. 5. Promulgation and implementation of policies. – The governing boards shall promulgate and implement policies in accordance with the declared state policies on education and other pertinent provisions of the Philippine Constitution on education, science and technology, arts, culture and sports; as well as the policies, standards and thrusts of the CHED under Republic Acts No. 7722.

Sec. 6. The Administration. – The administration of the university or college shall be vested in the president of the university or college who shall render full-time service. He shall be appointed by the Board of Regents/Trustees, upon the recommendation of a duly constituted search committee. He shall have a term of four (4) years and shall be eligible for reappointment for another term: Provided, That this provision shall not adversely affect the terms of the incumbents.

The president shall be assisted by a vice president for academic affairs who shall be appointed by the Board upon the former's recommendation without prejudice to the appointment of more than one vice president when so warranted.

In case of vacancy by reason of death, resignation, removal for cause or incapacity of the president to perform the functions of his office, the Board shall have the authority to designate an officer-in-charge pending the appointment of a new president.

In case of vacancy in the office of the president as mentioned in the immediately preceding paragraph, his successors shall hold office for the unexpired term.

Sec. 7. The Secretary of the University or College. – The Board shall appoint a secretary who shall serve as such for both the Board and the university or college and shall keep all records and proceedings of the Board. He shall communicate to each member of the Board notice of meetings.

Sec. 8. The Treasurer of the Philippines. – The Treasurer of the Philippines shall be the ex-officio treasurer of the university or college. All accounts and expenses of the university or college shall be audited by the Commission on Audit or its duly authorized representative.

Section 9. Administrative Council. – There shall be an administrative council consisting of the president of the university or college as Chairman, the vice president(s), deans, directors and other officials of equal rank as members, and whose duty is to review and recommend to the Board of Regents/Trustees policies governing the administration, management and development planning of the university or college for appropriate action.

Sec. 10. Academic Council. – There shall be an academic council with the president of the university or college as Chairman and all members of the instructional staff with the rank of not lower than assistant professor as members.

The academic council shall have the power to review and recommend the curricular offerings and rules of discipline of the university or college subject for appropriate action of the Board of Regents/Trustees. It shall fix the requirements for the admission of students as well as for graduation and the conferment of degrees subject to review and/or approval by the Board of Regents/Trustees through the president of the university or college.

Sec. 11. Academic freedom. – Pursuant to paragraph 2, Sec. 5 of Article XIV of the Constitution of the Republic of the Philippines, all institutions of higher learning, public or private, shall enjoy academic freedom and institutional autonomy.

Sec. 12. Admission. – No student shall be denied admission to any university or college by reasons of sex, nationality, religion, political affiliation, or physical disability.

Sec. 13. Exclusion clause. – Except for the chairmanship of the Board, the provisions of this Act shall not affect the charter of the University of the Philippines System. Likewise, this Act shall not affect the charter of the Mindanao State University (MSU) except for the provision of this Act on chairmanship of the Board, and the membership of the Chairmen of the Congressional Committees on Education and Culture.

Sec. 14. Filing of report. – On or before the fifteenth (15th) day of the second month after the opening of regular classes each year, the president of the university or college shall file with the Office of the President of the Philippines through the Chairman of the CHED, and with the Senate and House of Representatives a detailed report on the progress, conditions and needs of the university or college.

Sec. 15. Implementation. – The Chairman of the CHED is hereby directed to take such steps as are necessary for the immediate implementation of this Act.

Sec. 16. Separability clause. – If, for any reason, any part or provision of this Act is declared invalid or unconstitutional, the remaining parts or provisions not affected thereby shall remain in full force and effect.

Sec. 17. Repealing clause. – All laws, presidential decrees, executive orders, letters of instruction and SUC charters contrary to or inconsistent with this Act are hereby repealed or amended accordingly.

Sec. 18. Effectivity clause. – This Act shall take effect upon its approval.

Approved: June 6, 1997

2011-09-25T05:02:00.000-07:00

REPUBLIC ACT NO. 6713

AN ACT ESTABLISHING A CODE OF CONDUCT AND ETHICAL STANDARDS FOR PUBLIC OFFICIALS AND EMPLOYEES, TO UPHOLD THE TIME-HONORED PRINCIPLE OF PUBLIC OFFICE BEING A PUBLIC TRUST, GRANTING INCENTIVES AND REWARDS FOR EXEMPLARY SERVICE, ENUMERATING PROHIBITED ACTS AND TRANSACTIONS AND PROVIDING PENALTIES FOR VIOLATIONS THEREOF AND FOR OTHER PURPOSES

SECTION 1. Title. — This Act shall be known as the “Code of Conduct and Ethical Standards for Public Officials and Employees.”

SECTION 2. Declaration of Policies. — It is the policy of the State to promote a high standard of ethics in public service. Public officials and employees shall at all times be accountable to the people and shall discharge their duties with utmost responsibility, integrity, competence, and loyalty, act with patriotism and justice, lead modest lives, and uphold public interest over personal interest.

SECTION 3. Definition of Terms. — As used in this Act, the term:

(a) “Government” includes the National Government, the local governments, and all other instrumentalities, agencies or branches of the Republic of the Philippines including government-owned or controlled corporations, and their subsidiaries.

(b) “Public Officials” includes elective and appointive officials and employees, permanent or temporary, whether in the career or non-career service, including military and police personnel, whether or not they receive compensation, regardless of amount.

(c) “Gift” refers to a thing or a right to dispose of gratuitously, or any act or liberality, in favor of another who accepts it, and shall include a simulated sale or an ostensibly onerous disposition thereof. It shall not include an unsolicited gift of nominal or insignificant value not given in anticipation of, or in exchange for, a favor from a public official or employee.

(d) “Receiving any gift” includes the act of accepting directly or indirectly, a gift from a person other than a member of his family or relative as defined in this Act, even on the occasion of a family celebration or national festivity like Christmas, if the value of the gift is neither nominal nor insignificant, or the gift is given in anticipation of, or in exchange for, a favor.

(e) “Loan” covers both simple loan and commodatum as well as guarantees, financing arrangements or accommodations intended to ensure its approval.

(f) “Substantial stockholder” means any person who owns, directly or indirectly, shares of stock sufficient to elect a director of a corporation. This term shall also apply to the parties to a voting trust.

(g) “Family of public officials or employees” means their spouses and unmarried children under eighteen (18) years of age.

(h) “Person” includes natural and juridical persons unless the context indicates otherwise.

(i) “Conflict of interest” arises when a public official or employee is a member of a board, an officer, or a substantial stockholder of a private corporation or owner or has a substantial interest in a business, and the interest of such corporation or business, or his rights or duties therein, may be opposed to or affected by the faithful performance of official duty.

(j) “Divestment” is the transfer of title or disposal of interest in property by voluntarily, completely and actually depriving or dispossessing oneself of his right or title to it in favor of a person or persons other than his spouse and relatives as defined in this Act.

(k) “Relatives” refers to any and all persons related to a public official or employee within the fourth civil degree of consanguinity or affinity, including bilas, inso and balae.

SECTION 4. Norms of Conduct of Public Officials and Employees. — (A) Every public official and employee shall observe the following as standards of personal conduct in the discharge and execution of official duties:

(a) Commitment to public interest. — Public officials and employees shall always uphold the public interest over and above personal interest. All government resources and powers of their respective offices must be employed and used efficiently, effectively, honestly and economically, particularly to avoid wastage in public funds and revenues.

(b) Professionalism. — Public officials and employees shall perform and discharge their duties with the highest degree of excellence, professionalism, intelligence and skill. They shall enter public service with utmost devotion and dedication to duty. They shall endeavor to discourage wrong perceptions of their roles as dispensers or peddlers of undue patronage.

(c) Justness and sincerity. — Public officials and employees shall remain true to the people at all times. They must act with justness and sincerity and shall not discriminate against anyone, especially the poor and the underprivileged. They shall at all times respect the rights of others, and shall refrain from doing acts contrary to law, good morals, good customs, public policy, public order, public safety and public interest. They shall not dispense or extend undue favors on account of their office to their relatives whether by consanguinity or affinity except with respect to appointments of such relatives to positions considered strictly confidential or as members of their personal staff whose terms are coterminous with theirs.

(d) Political neutrality. — Public officials and employees shall provide service to everyone without unfair discrimination and regardless of party affiliation or preference.

(e) Responsiveness to the public. — Public officials and employees shall extend prompt, courteous, and adequate service to the public. Unless otherwise provided by law or when required by the public interest, public officials and employees shall provide information of their policies and procedures in clear and understandable language, ensure openness of information, public consultations and hearings whenever appropriate, encourage suggestions, simplify and systematize policy, rules and procedures, avoid red tape and develop an understanding and appreciation of the socio-economic conditions prevailing in the country, especially in the depressed rural and urban areas.

(f) Nationalism and patriotism. — Public officials and employees shall at all times be loyal to the Republic and to the Filipino people, promote the use of locally produced goods, resources and technology and encourage appreciation and pride of country and people. They shall endeavor to maintain and defend Philippine sovereignty against foreign intrusion.

(g) Commitment to democracy. — Public officials and employees shall commit themselves to the democratic way of life and values, maintain the principle of public accountability, and manifest by deeds the supremacy of civilian authority over the military. They shall at all times uphold the Constitution and put loyalty to country above loyalty to persons or party.

(h) Simple living. — Public officials and employees and their families shall lead modest lives appropriate to their positions and income. They shall not indulge in extravagant or ostentatious display of wealth in any form.

(B) The Civil Service Commission shall adopt positive measures to promote (1) observance of these standards including the dissemination of information programs and workshops authorizing merit increases beyond regular progression steps, to a limited number of employees recognized by their office colleagues to be outstanding in their observance of ethical standards; and (2) continuing research and experimentation on measures which provide positive motivation to public officials and employees in raising the general level of observance of these standards.

SECTION 5. Duties of Public Officials and Employees. — In the performance of their duties, all public officials and employees are under obligation to:

(a) Act promptly on letters and requests. — All public officials and employees shall, within fifteen (15) working days from receipt thereof, respond to letters, telegrams or other means of communications sent by the public. The reply must contain the action taken on the request.

(b) Submit annual performance reports. — All heads or other responsible officers of offices and agencies of the government and of government-owned or controlled corporations shall, within forty-five (45) working days from the end of the year, render a performance report of the agency or office or corporation concerned. Such report shall be open and available to the public within regular office hours.

(c) Process documents and papers expeditiously. — All official papers and documents must be processed and completed within a reasonable time from the preparation thereof and must contain, as far as practicable, not more than three (3) signatories therein. In the absence of duly authorized signatories, the official next-in-rank or officer in charge shall sign for and in their behalf.

(d) Act immediately on the public’s personal transactions. — All public officials and employees must attend to anyone who wants to avail himself of the services of their offices and must, at all times, act promptly and expeditiously.

(e) Make documents accessible to the public. — All public documents must be made accessible to, and readily available for inspection by, the public within reasonable working hours.

SECTION 6. System of Incentives and Rewards. — A system of annual incentives and rewards is hereby established in order to motivate and inspire public servants to uphold the highest standards of ethics. For this purpose, a Committee on Awards to Outstanding Public Officials and Employees is hereby created composed of the following: The Ombudsman and Chairman of the Civil Service Commission as Co-Chairmen, and the Chairman of the Commission on Audit, and two government employees to be appointed by the President, as members.

It shall be the task of this Committee to conduct a periodic, continuing review of the performance of public officials and employees, in all the branches and agencies of Government and establish a system of annual incentives and rewards to the end that due recognition is given to public officials and employees of outstanding merit on the basis of the standards set forth in this Act.

The conferment of awards shall take into account, among other things, the following: the years of service and the quality and consistency of performance, the obscurity of the position, the level of salary, the unique and exemplary quality of a certain achievement, and the risks or temptations inherent in the work. Incentives and rewards to government officials and employees of the year to be announced in public ceremonies honoring them may take the form of bonuses, citations, directorships in government-owned or controlled corporations, local and foreign scholarship grants, paid vacations and the like. They shall likewise be automatically promoted to the next higher position with the commensurate salary suitable to their qualifications. In case there is no next higher position or it is not vacant, said position shall be included in the budget of the office in the next General Appropriations Act. The Committee on Awards shall adopt its own rules to govern the conduct of its activities.

SECTION 7. Prohibited Acts and Transactions. — In addition to acts and omissions of public officials and employees now prescribed in the Constitution and existing laws, the following shall constitute prohibited acts and transactions of any public official and employee and are hereby declared to be unlawful:

(a) Financial and material interest. — Public officials and employees shall not, directly or indirectly, have any financial or material interest in any transaction requiring the approval of their office. cd i

(b) Outside employment and other activities related thereto. — Public officials and employees during their incumbency shall not:

(1) Own, control, manage or accept employment as officer, employee, consultant, counsel, broker, agent, trustee or nominee in any private enterprise regulated, supervised or licensed by their office unless expressly allowed by law;

(2) Engage in the private practice of their profession unless authorized by the Constitution or law, provided, that such practice will not conflict or tend to conflict with their official functions; or

(3) Recommend any person to any position in a private enterprise which has a regular or pending official transaction with their office.

These prohibitions shall continue to apply for a period of one (1) year after resignation, retirement, or separation from public office, except in the case of subparagraph (b) (2) above, but the professional concerned cannot practice his profession in connection with any matter before the office he used to be with, in which case the one-year prohibition shall likewise apply.

(c) Disclosure and/or misuse of confidential information. —

Public officials and employees shall not use or divulge, confidential or classified information officially known to them by reason of their office and not made available to the public, either:

(1) To further their private interests, or give undue advantage to anyone; or

(2) To prejudice the public interest.

(d) Solicitation or acceptance of gifts. — Public officials and employees shall not solicit or accept, directly or indirectly, any gift, gratuity, favor, entertainment, loan or anything of monetary value from any person in the course of their official duties or in connection with any operation being regulated by, or any transaction which may be affected by the functions of their office.

As to gifts or grants from foreign governments, the Congress consents to:

(i) The acceptance and retention by a public official or employee of a gift of nominal value tendered and received as a souvenir or mark of courtesy;

(ii) The acceptance by a public official or employee of a gift in the nature of a scholarship or fellowship grant or medical treatment; or

(iii) The acceptance by a public official or employee of travel grants or expenses for travel taking place entirely outside the Philippine (such as allowances, transportation, food, and lodging) of more than nominal value if such acceptance is appropriate or consistent with the interests of the Philippines, and permitted by the head of office, branch or agency to which he belongs.

The Ombudsman shall prescribe such regulations as may be necessary to carry out the purpose of this subsection, including pertinent reporting and disclosure requirements.

Nothing in this Act shall be construed to restrict or prohibit any educational, scientific or cultural exchange programs subject to national security requirements.

SECTION 8. Statements and Disclosure. — Public officials and employees have an obligation to accomplish and submit declarations under oath of, and the public has the right to know, their assets, liabilities, net worth and financial and business interests including those of their spouses and of unmarried children under eighteen (18) years of age living in their households.

(A) Statements of Assets and Liabilities and Financial Disclosure. — All public officials and employees, except those who serve in an honorary capacity, laborers and casual or temporary workers, shall file under oath their Statement of Assets, Liabilities and Net Worth and a Disclosure of Business Interests and Financial Connections and those of their spouses and unmarried children under eighteen (18) years of age living in their households.

The two documents shall contain information on the following:

(a) real property, its improvements, acquisition costs, assessed value and current fair market value;

(b) personal property and acquisition cost;

(c) all other assets such as investments, cash on hand or in banks, stocks, bonds, and the like;

(d) liabilities, and;

(e) all business interests and financial connections.

The documents must be filed:

(a) within thirty (30) days after assumption of office;

(b) on or before April 30, of every year thereafter; and

(c) within thirty (30) days after separation from the service.

All public officials and employees required under this section to file the aforestated documents shall also execute, within thirty (30) days from the date of their assumption of office, the necessary authority in favor of the Ombudsman to obtain from all appropriate government agencies, including the Bureau of Internal Revenue, such documents as may show their assets, liabilities, net worth, and also their business interests and financial connections in previous years, including, if possible, the year when they first assumed any office in the Government.

Husband and wife who are both public officials or employees may file the required statements jointly or separately.

The Statements of Assets, Liabilities and Net Worth and the Disclosure of Business Interests and Financial Connections shall be filed by:

(1) Constitutional and national elective officials, with the national office of the Ombudsman;

(2) Senators and Congressmen, with the Secretaries of the Senate and the House of Representatives, respectively; Justices, with the Clerk of Court of the Supreme Court; Judges, with the Court Administrator; and all national executive officials with the Office of the President.

(3) Regional and local officials and employees, with the Deputy Ombudsman in their respective regions;

(4) Officers of the armed forces from the rank of colonel or naval captain, with the Office of the President, and those below said ranks, with the Deputy Ombudsman in their respective regions; and

(5) All other public officials and employees, defined in Republic Act No. 3019, as amended, with the Civil Service Commission.

(B) Identification and disclosure of relatives. — It shall be the duty of every public official or employee to identify and disclose, to the best of his knowledge and information, his relatives in the Government in the form, manner and frequency prescribed by the Civil Service Commission.

(C) Accessibility of documents. — (1) Any and all statements filed under this Act, shall be made available for inspection at reasonable hours.

(2) Such statements shall be made available for copying or reproduction after ten (10) working days from the time they are filed as required by law.

(3) Any person requesting a copy of a statement shall be required to pay a reasonable fee to cover the cost of reproduction and mailing of such statement, as well as the cost of certification.

(4) Any statement filed under this Act shall be available to the public for a period of ten (10) years after receipt of the statement. After such period, the statement may be destroyed unless needed in an ongoing investigation.

(D) Prohibited acts. — It shall be unlawful for any person to obtain or use any statement filed under this Act for:

(a) any purpose contrary to morals or public policy; or

(b) any commercial purpose other than by news and communications media for dissemination to the general public.

SECTION 9. Divestment. — A public official or employee shall avoid conflicts of interest at all times. When a conflict of interest arises, he shall resign from his position in any private business enterprise within thirty (30) days from his assumption of office and/or divest himself of his shareholdings or interest within sixty (60) days from such assumption.

The same rule shall apply where the public official or employee is a partner in a partnership.

The requirement of divestment shall not apply to those who serve the Government in an honorary capacity nor to laborers and casual or temporary workers.

SECTION 10. Review and Compliance Procedure. — (a) The designated Committees of both Houses of the Congress shall establish procedures for the review of statements to determine whether said statements which have been submitted on time, are complete, and are in proper form. In the event a determination is made that a statement is not so filed, the appropriate Committee shall so inform the reporting individual and direct him to take the necessary corrective action.

(b) In order to carry out their responsibilities under this Act, the designated Committees of both Houses of Congress shall have the power within their respective jurisdictions, to render any opinion interpreting this Act, in writing, to persons covered by this Act, subject in each instance to the approval by affirmative vote of the majority of the particular House concerned.

The individual to whom an opinion is rendered, and any other individual involved in a similar factual situation, and who, after issuance of the opinion acts in good faith in accordance with it shall not be subject to any sanction provided in this Act.

(c) The heads of other offices shall perform the duties stated in subsections (a) and (b) hereof insofar as their respective offices are concerned, subject to the approval of the Secretary of Justice, in the case of the Executive Department and the Chief Justice of the Supreme Court, in the case of the Judicial Department.

SECTION 11. Penalties. — (a) Any public official or employee, regardless of whether or not he holds office or employment in a casual, temporary, holdover, permanent or regular capacity, committing any violation of this Act shall be punished with a fine not exceeding the equivalent of six (6) months’ salary or suspension not exceeding one (1) year, or removal depending on the gravity of the offense after due notice and hearing by the appropriate body or agency. If the violation is punishable by a heavier penalty under another law, he shall be prosecuted under the latter statute. Violations of Sections 7, 8 or 9 of this Act shall be punishable with imprisonment not exceeding five (5) years, or a fine not exceeding five thousand pesos (P5,000), or both, and, in the discretion of the court of competent jurisdiction, disqualification to hold public office.

(b) Any violation hereof proven in a proper administrative proceeding shall be sufficient cause for removal or dismissal of a public official or employee, even if no criminal prosecution is instituted against him.

(c) Private individuals who participate in conspiracy as co-principals, accomplices or accessories, with public officials or employees, in violation of this Act, shall be subject to the same penal liabilities as the public officials or employees and shall be tried jointly with them.

(d) The official or employee concerned may bring an action against any person who obtains or uses a report for any purpose prohibited by Section 8 (D) of this Act. The Court in which such action is brought may assess against such person a penalty in any amount not to exceed twenty-five thousand pesos (P25,000). If another sanction hereunder or under any other law is heavier, the latter shall apply.

SECTION 12. Promulgation of Rules and Regulations, Administration and Enforcement of this Act. — The Civil Service Commission shall have the primary responsibility for the administration and enforcement of this Act. It shall transmit all cases for prosecution arising from violations of this Act to the proper authorities for appropriate action: Provided, however, That it may institute such administrative actions and disciplinary measures as may be warranted in accordance with law. Nothing in this provision shall be construed as a deprivation of the right of each House of Congress to discipline its Members for disorderly behavior.

The Civil Service Commission is hereby authorized to promulgate rules and regulations necessary to carry out the provisions of this Act, including guidelines for individuals who render free voluntary service to the Government. The Ombudsman shall likewise take steps to protect citizens who denounce acts or omissions of public officials and employees which are in violation of this Act.

SECTION 13. Provisions for More Stringent Standards. — Nothing in this Act shall be construed to derogate from any law, or any regulation prescribed by any body or agency, which provides for more stringent standards for its official and employees.

SECTION 14. Appropriations. — The sum necessary for the effective implementation of this Act shall be taken from the appropriations of the Civil Service Commission. Thereafter, such sum as may be needed for its continued implementation shall be included in the annual General Appropriations Act.

SECTION 15. Separability Clause. — If any provision of this Act or the application of such provision to any person or circumstance is declared invalid, the remainder of the Act or the application of such provision to other persons or circumstances shall not be affected by such declaration.

SECTION 16. Repealing Clause. — All laws, decrees and orders or parts thereof inconsistent herewith, are deemed repealed or modified accordingly, unless the same provide for a heavier penalty.

SECTION 17. Effectivity. — This Act shall take effect after thirty (30) days following the completion of its publication in the Official Gazette or in two (2) national newspapers of general circulation.

Approved on February 20, 1989

2011-09-25T04:41:00.000-07:00

Republic of the Philippines
Congress of the Philippines
Metro Manila

Tenth Congress

Republic Act No. 8491 February 12, 1998

AN ACT PRESCRIBING THE CODE OF THE NATIONAL FLAG, ANTHEM, MOTTO, COAT-OF-ARMS AND OTHER HERALDIC ITEMS AND DEVICES OF THE PHILIPPINES

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

Section 1. Short title. – This Act shall be known as the "Flag and Heraldic Code of the Philippines."

Section 2. Declaration of policy. – Reverence and respect shall at all times be accorded the flag, the anthem, and other national symbols which embody the national ideals and traditions and which express the principles of sovereignty and national solidarity. The heraldic items and devices shall seek to manifest the national virtues and to inculcate in the minds and hearts of our people a just pride in their native land, fitting respect and affection for the national flag and anthem, and the proper use of the national motto, coat-of-arms and other heraldic items and devices.

Section 3. Definition of terms. – Whenever used in this Act, the term:

a) "Military" shall mean all branches of the Armed Forces of the Philippines including the Philippine National Police, the Bureau of Jail Management and Penology, and the Bureau of Fire Protection;

b) "Festoon" shall mean to hang in a curved shape between two points as a decoration;

c) "Flag" shall mean the Philippine National Flag, unless stated otherwise

d) "Fly" shall mean the part of the flag outside the hoist or length;

e) "Symbol" shall mean any conventional sign which reveals man's achievement and heroism (for orders and decorations), identification, authority and a sign of dignity (for coat-of-arms, logo and insignia);

f) "Half-Mast" shall mean lowering the flag to one-half the distance between the top and bottom of the staff;

g) "Hoist" shall mean the part of the flag nearest the staff or the canvass to which the halyard is attached;

h) "Inclement Weather" shall mean that a typhoon signal is raised in the locality;

i) "National Anthem" shall mean the Philippine National Anthem;

j) "Official Residences" shall mean Malacañang, and other government-owned structures where the President resides, and other structures occupied by the Philippine Consulate or Embassies abroad;

k) "Places of Frivolity" shall mean places of hilarity marked by or providing boisterous merriment or recreation; and

l) "Institute" shall mean the National Historical Institute.

CHAPTER I
THE NATIONAL FLAG

A. Design of the National Flag

Section. 4. The flag of the Philippines shall be blue, white and red with an eight-rayed golden-yellow sun and three five-pointed stars, as consecrated and honored by the people.

B. Hoisting and Display of the National Flag

Section 5. The flag shall be displayed in all public buildings, official residences, public plazas, and institutions of learning every day throughout the year.

Section 6. The flag shall be permanently hoisted, day and night throughout the year, in front of the following: at Malacañang Palace; the Congress of the Philippines building; Supreme Court building; the Rizal Monument in Luneta, Manila; Aguinaldo Shrine in Kawit, Cavite; Barasoain Shrine in Malolos, Bulacan; the Tomb of the Unknown Soldier, Libingan ng mga Bayani; Musoleo de los Beteranos dela Revolucion; all International Ports of Entry and all other places as may be designated by the Institute.

The flag shall be properly illuminated at night.

Section 7. The flag shall also be displayed in private buildings and residences or raised in the open on flag-staffs in front of said buildings every April 9 (Araw ng Kagitingan); May 1 (Labor Day); May 28 (National Flag Day) to June 12 (Independence Day); last Sunday of August (National Heroes Day); November 30 (Bonifacio Day); and December 30 (Rizal Day); and on such other days as may be declared by the President and/or local chief executives.

The flag may also be displayed throughout the year in private buildings or offices or raised in the open on flag-staffs in front of private buildings: Provided, That they observe flag-raising ceremonies in accordance with the rules and regulations to be issued by the Office of the President.

Section 8. All government agencies and instrumentalities, and local government offices, government-owned corporations and local government units are enjoined to observe flag day with appropriate ceremonies. Socio-civic groups, non-government organizations and the private sector are exhorted to cooperate in making the celebrations a success.

Section 9. The flag shall be flown on merchant ships of Philippine registry of more than one thousand (1000) gross tons and on all naval vessels.

On board naval vessels, the flag shall be displayed on the flag-staff at the stern when the ship is at anchor. The flag shall be hoisted to the gaff at the aftermast when the ship is at sea.

Section 10. The flag, if flown from a flagpole, shall have its blue field on top in time of peace and the red field on top in time of war; if in a hanging position, the blue field shall be to the right (left of the observer) in time of peace, and the red field to the right (left of the observer) in time of war.

The flagpole staff must be straight and slightly tapering at the top.

Section 11. If planted on the ground, the flagpole shall be at a prominent place and shall be of such height as would give the flag commanding position in relation to the buildings in the vicinity.

If attached to a building, the flagpole shall be on top of its roof or anchored on a sill projecting at an angle upward.

If on a stage or platform or government office, the flag shall be at the left (facing the stage) or the left of the office upon entering.

Section 12. When the Philippine flag is flown with another flag, the flags, if both are national flags, must be flown on separate staffs of the same height and shall be of equal size. The Philippine flag shall be hoisted first and lowered last.

If the other flag is not a national flag, it may be flown in the same lineyard as the Philippine flag but below the latter and it cannot be of greater size than the Philippine flag.

Section 13. When displayed with another flag, the Philippine flag shall be on the right of the other flag. If there is a line of other flags, the Philippine flag shall be in the middle of the line.

When carried in a parade with flags which are not national flags, the Philippine flag shall be in front of the center of the line.

Section 14. A flag worn out through wear and tear, shall not be thrown away. It shall be solemnly burned to avoid misuse or desecration. The flag shall be replaced immediately when it begins to show signs of wear and tear.

Section 15. The flag shall be raised at sunrise and lowered at sunset. It shall be on the mast at the start of official office hours, shall remain flying throughout the day.

Section 16. The flag may be displayed:

a) Inside or outside a building or on stationary flagpoles. If the flag is displayed indoors on a flagpole, it shall be placed at the left of the observer as one enters the room;

b) From the top of a flagpole, which shall be at a prominent place or a commanding position in relation to the surrounding buildings;

c) From a staff projecting upward from the window sill, canopy, balcony or facade of a building;

d) In a suspended position from a rope extending from a building to pole erected away from the building;

e) Flat against the wall vertically with the sun and stars on top; and

f) Hanging in a vertical position across a street, with the blue field pointing east, if the road is heading south or north, or pointing north if the road is heading east or west.

The flag shall not be raised when the weather is inclement. If already raised, the flag shall not be lowered.

Section 17. The flag shall be hoisted to the top briskly and lowered ceremoniously.

The flag shall never touch anything beneath it, such as the ground, flood, water or other objects.

After being lowered, the flag shall be handled and folded solemnly as part of the ceremony.

C. Conduct of Flag Raising Ceremony

Section 18. All government offices and educational institutions shall henceforth observe the flag-raising ceremony every Monday morning and the flag lowering ceremony every Friday afternoon. The ceremony shall be simple and dignified and shall include the playing or singing of the Philippine National Anthem.

Section 19. The Office of the President upon the recommendation of the Institute shall issue rules and regulations for the proper conduct of the flag ceremony.

Section 20. The observance of the flag ceremony in official or civic gatherings shall be simple and dignified and shall include the playing or singing of the anthem in its original Filipino lyrics and march tempo.

Section 21. During the flag-raising ceremony, the assembly shall stand in formation facing the flag. At the moment the first note of the anthem is heard, everyone in the premises shall come to attention; moving vehicles shall stop. All persons present shall place their right palms over their chests, those with hats shall uncover; while those in military, scouting, security guard, and citizens military training uniforms shall give the salute prescribed by their regulations, which salute shall be completed upon the last note of the anthem.

The assembly shall sing the Philippine national anthem, accompanied by a band, if available, and at the first note, the flag shall be raised briskly.

The same procedure shall be observed when the flag is passing in review or in parade.

Section 22. During the flag lowering, the flag shall be lowered solemnly and slowly so that the flag shall be down the mast at the sound of the last note of the anthem. Those in the assembly shall observe the same deportment or shall observe the same behavior as for the flag-raising ceremony.

D. Half-Mast

Section 23. The flag shall be flown at half-mast as a sign of mourning on all the buildings and places where it is displayed, as provided for in this Act, on the day of official announcement of the death of any of the following officials:

a) The President or a former President, for ten (10) days;

b) The Vice-President, the Chief Justice, the President of the Senate and the Speaker of the House of Representatives, for seven (7) days; and

c) Other persons to be determined by the Institute, for any period less than seven (7) days.

The flag shall be flown at half-mast on all the buildings and places where the decedent was holding office, on the day of death until the day of interment of an incumbent member of the Supreme Court, the Cabinet, the Senate or the House of Representatives, and such other persons as may be determined by the Institute.

The flag when flown at half-mast shall be first hoisted to the peak for a moment then lowered to the half-mast position. The flag shall again be raised to the peak before it is lowered for the day.

E. Casket

Section 24. The flag may be used to cover the caskets of the honored dead of the military, veterans of previous wars, national artists, and of civilians who have rendered distinguished service to the nation, as may be determined by the local government unit concerned. In such cases, the flag shall be placed such that the white triangle shall be at the head and the blue portion shall cover the right side of the caskets. The flag shall not be lowered to the grave or allowed to touch the ground, but shall be folded solemnly and handed over to the heirs of the deceased.

F. Pledge to the Flag

Section 25. The following shall be the Pledge of Allegiance to the Philippine flag:

Ako ay Pilipino
Buong katapatang nanunumpa
Sa watawat ng Pilipinas
At sa bansang kanyang sinasagisag
Na may dangal, katarungan at kalayaan
Na pinakikilos ng sambayanang
Maka-Diyos
Maka-tao
Makakalikasan at
Makabansa.

Such pledge shall be recited while standing with the right hand with palm open raised shoulder high. Individuals whose faith or religious beliefs prohibit them from making such pledge must nonetheless show full respect when the pledge is being rendered by standing at attention.

G. Flag Days

Section 26. The period from May 28 to June 12 of each year is declared as Flag Days, during which period all offices, agencies and instrumentalities of government, business establishments, institutions of learning and private homes are enjoined to display the flag.

H. Specifications of the National Flag

Section 27. The flag shall have the following proportions. The width of the flag, 1; the length of the flag, 2; and the sides of the white triangle, 1.

Section 28. The technical specifications shall be as follows:

The blue color shall bear Cable No. 80173; the white color, Cable No. 80001; the red color, Cable No. 80108; and the golden yellow, Cable No. 80068.

Section 29. In order to establish uniform criteria in the making of our national flag and to guarantee its durability by the use of quality materials, the following standards and procedures shall be observed:

a) All requisitions for the purchase of the Philippine National Flag must be based on strict compliance with the design, color, craftsmanship and material requirements of the Government;

b) All submitted samples of flags by accredited suppliers offered for purchase for government use shall be evaluated as to design, color and craftsmanship specifications by the Institute, through its Heraldry and Display Sec., which shall stamp its approval or disapproval on the canvass reinforcement of the flag sample submitted. The samples shall be sent to the Institute by the requisitioning office, not by the flag supplier; and

c) The Industrial Technology Development Institute (ITDI) or the Philippine Textile Research Institute (PTRI) of the Department of Science and Technology (DOST) shall evaluate the quality of material of all flag samples and certify whether the fabric for the blue, white, red and golden yellow colors, including the canvas submitted, conforms to government requirement as to quality of the material. The samples shall be sent annually to the ITDI/PTRI by the manufacturer. The laboratory test results shall be submitted by the said office to the Institute.

Section 30. All deliveries of the flags requisitioned by the government shall be inspected by the requisitioning agency's internal inspector and by the Commission on Audit (COA) using the flag stamped approved by the Institute as reference.

Section 31. In carrying out its responsibilities under Sec. 4 hereof, the Institute, COA, the ITDI/PTRI shall prepare guidelines to be approved by the Office of the President.

Section 32. All government agencies and instrumentalities shall ensure that the requirements under this Act with respect to the standards, requisitions and delivery of the national flag are strictly complied with.

Section 33. All departments, agencies, offices, and instrumentalities of the government, government-owned or controlled corporations, local government units, including barangays, shall include in their annual budgets the necessary outlay for the purchase of the national flag.

I. Prohibited Acts

Section 34. It shall be prohibited:

a) To mutilate, deface, defile, trample on or cast contempt or commit any act or omission casting dishonor or ridicule upon the flag or over its surface;

b) To dip the flag to any person or object by way of compliment or salute;

c) To use the flag:

1) As a drapery, festoon, tablecloth;

2) As covering for ceilings, walls, statues or other objects;

3) As a pennant in the hood, side, back and top of motor vehicles;

4) As a staff or whip;

5) For unveiling monuments or statues; and

6) As trademarks, or for industrial, commercial or agricultural labels or designs.

d) To display the flag:

1) Under any painting or picture;

2) Horizontally face-up. It shall always be hoisted aloft and be allowed to fall freely;

3) Below any platform; or

4) In discotheques, cockpits, night and day clubs, casinos, gambling joints and places of vice or where frivolity prevails.

e) To wear the flag in whole or in part as a costume or uniform;

f) To add any word, figure, mark, picture, design, drawings, advertisement, or imprint of any nature on the flag;

g) To print, paint or attach representation of the flag on handkerchiefs, napkins, cushions, and other articles of merchandise;

h) To display in public any foreign flag, except in embassies and other diplomatic establishments, and in offices of international organizations;

i) To use, display or be part of any advertisement or infomercial; and

j) To display the flag in front of buildings or offices occupied by aliens.

CHAPTER II
THE NATIONAL ANTHEM

Section 35. The National Anthem is entitled Lupang Hinirang.

Section 36. The National Anthem shall always be sung in the national language within or without the country. The following shall be the lyrics of the National Anthem:

Bayang magiliw,
Perlas ng Silanganan
Alab ng puso,
Sa Dibdib mo'y buhay.
Lupang Hinirang,
Duyan ka ng magiting,
Sa manlulupig,
Di ka pasisiil.
Sa dagat at bundok,
Sa simoy at sa langit mong bughaw,
May dilag ang tula,
At awit sa paglayang minamahal.
Ang kislap ng watawat mo'y
Tagumpay na nagniningning,
Ang bituin at araw niya,
Kailan pa ma'y di magdidilim,
Lupa ng araw ng luwalhati't pagsinta,
Buhay ay langit sa piling mo,
Aming ligaya na pag may mang-aapi,
Ang mamatay ng dahil sa iyo.

Section 37. The rendition of the National Anthem, whether played or sung, shall be in accordance with the musical arrangement and composition of Julian Felipe.

Section 38. When the National Anthem is played at a public gathering, whether by a band or by singing or both, or reproduced by any means, the attending public shall sing the anthem. The singing must be done with fervor.

As a sign of respect, all persons shall stand at attention and face the Philippine flag, if there is one displayed, and if there is none, they shall face the band or the conductor. At the first note, all persons shall execute a salute by placing their right palms over their left chests. Those in military, scouting, citizens military training and security guard uniforms shall give the salute prescribed by their regulations. The salute shall be completed upon the last note of the anthem.

The anthem shall not be played and sung for mere recreation, amusement or entertainment purposes except on the following occasions:

a) International competitions where the Philippines is the host or has a representative;

b) Local competitions;

c) During the "signing off" and "signing on" of radio broadcasting and television stations;

d) Before the initial and last screening of films and before the opening of theater performances; and

e) Other occasions as may be allowed by the Institute.

Section 39. All officials and employees of the national and local government, and any agency or instrumentality thereof, including government-owned or controlled corporations, privately-owned entities or offices displaying the national flag and government institutions of learning are hereby directed to comply strictly with the rules prescribed for the rendition of the anthem. Failure to observe the rules shall be a ground for administrative discipline.

CHAPTER III
THE NATIONAL MOTTO

Section 40. The National Motto shall be "MAKA-DIYOS, MAKA-TAO, MAKAKALIKASAN AT MAKABANSA."

CHAPTER IV
THE NATIONAL COAT-OF-ARMS

Section 41. The National Coat-of-Arms shall have:

Paleways of two (2) pieces, azure and gules; a chief argent studded with three (3) mullets equidistant from each other; and, in point of honor, ovoid argent over all the sun rayonnant with eight minor and lesser rays. Beneath shall be the scroll with the words "REPUBLIKA NG PILIPINAS," inscribed thereon.

CHAPTER V
THE GREAT SEAL

Section 42. The Great Seal shall be circular in form, with the arms as described in the preceding Sec., but without the scroll and the inscription thereon. Surrounding the whole shall be a double marginal circle within which shall appear the words "Republika ng Pilipinas." For the purpose of placing The Great Seal, the color of the arms shall not be deemed essential but tincture representation must be used.

The Great Seal shall also bear the National Motto.

Section 43. The Great Seal shall be affixed to or placed upon all commissions signed by the President and upon such other official documents and papers of the Republic of the Philippines as may be provided by law, or as may be required by custom and usage. The President shall have custody of the Great Seal.

CHAPTER VI
OFFICIAL SEAL AND OTHER HERALDIC ITEMS AND DEVICES

Section 44. Any government entity, including the military, may adopt appropriate coat-of-arms, administrative seals, logo, insignia, badges, patches, and banners; and initiate awards, citations, orders or decorations; as may be authorized by Congress or the Office of the President.

Section 45. Such heraldic devices and items shall be filed with the Institute for recording and evaluation as to precedence, design, customs and traditions. The Institute shall promulgate the corresponding rules and regulations which shall be submitted for approval to the Office of the President or to Congress.

Section 46. All government offices including the military are hereby ordered to purchase all heraldic items and devices from manufacturers accredited and authorized by the Institute. Such items and devices shall be subject to inspection by the purchasing agency's internal inspector and the COA representative using the design and specifications approved by the Office of the President or by the Congress, through the Institute.

Section 47. No government official or employee shall accept any order or decoration from any foreign government without the consent of Congress, and without the prior evaluation and documentation of such order or decoration by the Institute.

CHAPTER VII
PENALTIES

Section 48. Failure or refusal to observe the provisions of this Act; and any violation of the corresponding rules and regulations issued by the Office of the President, shall after proper notice and hearing, shall be penalized by public censure which shall be published at least once in a newspaper of general circulation.

The Department of Education, Culture and Sports and the Commission on Higher Education, upon the recommendation of the Institute and after proper notice and hearing, shall cause the cancellation of the recognition or permit of any private educational institution which fails or refuses to observe the provisions of this Act for the second time.

Section 49. The Department of Education, Culture and Sports (DECS) and the Commission on Higher Education shall ensure that the National Anthem, as adopted by law, shall be committed to memory by all students of both public and private educational institutions, and performed during the flag ceremony conducted in accordance with the rules and regulations issued by the Office of the President. In addition, they shall make available the vocal, piano or band scores of the National Anthem, as adopted by law, to all private and public schools, as well as the general public.

Section 50. Any person or juridical entity which violates any of the provisions of this Act shall, upon conviction, be punished by a fine of not less than Five thousand pesos (P5,000) nor more than Twenty thousand pesos (P20,000), or by imprisonment for not more than one (1) year, or both such fine and imprisonment, at the discretion of the court: Provided, That for any second and additional offenses, both fine and imprisonment shall always be imposed: Provided, further, That in case the violation is committed by a juridical person, its President or Chief Executive Officer thereof shall be liable.

CHAPTER VIII
COMMON PROVISIONS

Section 51. The Institute shall issue the necessary rules and regulations to implement the provisions of this Act within ninety (90) days after effectivity. The Institute shall submit its rules and regulations to the Office of the President and the Congress of the Philippines.

Section 52. The Institute shall also be responsible for the strict enforcement of the provisions of this Act. It may call upon any government department, agency, office, or government instrumentality, including government corporations, and local government units, for such assistance as it may deem necessary for the effective discharge of its functions under this Act.

Section 53. Separability clause. – If any provision, or part hereof, is held invalid or unconstitutional, the remainder of this Act not otherwise affected shall be valid and subsisting.

Section 54. Repealing clause. – Any law, presidential decree or issuance, executive order, letter of instruction, administrative order, rule or regulation contrary to, or inconsistent with, the provisions of this Act is hereby repealed, modified, or amended accordingly.

Section 55. Effectivity. – This Act shall take effect fifteen (15) days from the date of its publication in the Official Gazette or in at least two (2) newspapers of general circulation.

Approved: February 12, 1998

2011-09-25T04:31:00.000-07:00

Republic Act No.7722

Republic of the Philippines
Congress of the Philippines
Metro Manila
Second Regular Session

AN ACT CREATING THE COMMISSION ON HIGHER EDUCATION, APPROPRIATING FUNDS THEREFORE AND FOR OTHER PURPOSES

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

SECTION 1. Title - This act shall be known as the "Higher Education Act of 1994".

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

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

SEC. 3. Creation of the Commission on Higher Education - In pursuance of the abovementioned policies, the Commission on Higher Education is hereby created, hereinafter referred to as the Commission.

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

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

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

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

The commission shall hold office until their successors shall have been appointed and qualified. Should a member of the Commission fail to complete his term, his successor shall be appointed by the President of the Philippines but only for the unexpired portion of the term.

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

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

The Board of Advisers shall be composed of the following:

(1) the Secretary of Education, Culture and Sports, as chairman;
(2) the Director-General of the National Economic and Development Authority, as co-chairman;
(3) the Secretary of Science and Technology;
(4) the Secretary of Trade and Industry;
(5) the Secretary of Labor and Employment;
(6) the President of the Federation of Accrediting Association of the Philippines (FAAP); and
(7) the President of the Fund for Assistance to Private Education (FAPE).

The President upon recommendation of the Commission may appoint two (2) additional members of the Board of Advisers.

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

(1) formulate and recommend development plans, policies, priorities and programs on higher education and research

(2) formulate and recommend development plans, policies, priorities and programs on research;

(3) recommend to the executive and legislative branches, priorities and grants on higher education and research;

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

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

(6) identify, support and develop potential centers of excellence in program areas needed for the development of world-class scholarship, nation building and national development;

(7) recommend to the Department of Budget and Management the budgets of public institutions of higher learning as well as general guidelines for the use of their income;

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

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

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

(11) devise and implement resource development schemes;

(12) administer the Higher Education Development Fund, as described in section 10 hereunder, which will promote the purposes of higher education;

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

(14) promulgate such rules and regulations and exercise such other powers and functions as may be necessary to carry out effectively the purpose and objective of this Act; and

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

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

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

(1) The Government's contribution to the fund shall be the following:

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

(2) the amount of fifty million pesos (P50,000,000) for the initial operation of the Commission;

(3) the equivalent of forty percent (40%) annual share on the total gross collections of the travel tax;

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

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

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

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

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

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

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

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

(c) The Commission shall appoint and organize a separate staff, independent. Administratively and budgetary separate from the Commission Secretariat; and

(4) The Fund shall be utilized equitably according to regions and programs.

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

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

SEC. 14. Accreditation - The Commission shall provide incentives to institutions of higher learning, public and private, whose programs are accredited or whose needs are for accreditation purposes.

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

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

SEC. 17. Appropriation. The amount of five hundred million pesos is hereby authorized to be appropriated for the seed capital of the fund. The additional amount of 50, 000,000 pesos is hereby authorized to be appropriated out of the funds in the National Treasury not otherwise appropriated or out of the Philippine Amusement and Gaming Corporation (PAGCOR) funds for the initial operation of the Commission.

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

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

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

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

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

Jurisdiction over DECS-supervised or chartered state-supported post-secondary degree granting vocational and technical programs and tertiary institutions shall be transferred to the Commission.

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

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

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

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

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

Approved,

(SGD.) JOSE DE VENECIA, JR. (SGD.) EDGARDO J. ANGARA
Speaker of the House President of the Senate of Representatives

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

(SGD.) CAMILO L. SABIO (SGD.) EDGARDO E. TUMANGAN
Secretary General Secretary of the Senate
House of Representatives

Approved: 18 May 1994

(SGD.) Fidel V. Ramos
President of the Philippines

2011-09-25T04:23:00.000-07:00

REPUBLIC ACT NO. 7796

AN ACT CREATING THE TECHNICAL EDUCATION AND SKILLS DEVELOPMENT AUTHORITY, PROVIDING FOR ITS POWERS, STRUCTURE 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 "Technical Education and Skills Development Act of 1994" or the "TESDA Act of 1994".

SEC. 2. Declaration of Policy. - I t is hereby declared the policy of the State to provide relevant, accessible, high quality and efficient technical education and skills development in support of the development of high quality Filipino middle-level manpower responsive to and in accordance with Philippine development goals and priorities.

The State shall encourage active participation of various concerned sectors, particularly private
enterprises, being direct participants in and immediate beneficiaries of a trained and skilled workforce, in providing technical education and skills development opportunities.

SEC. 3. Statement of Goals and Objectives. - It is the goal and objective of this Act to:

Promote and strengthen the quality of technical education and skills development programs to attain international competitiveness;

Focus technical education and skills development on meeting the changing demands for quality middle-level manpower;

Encourage critical and creative thinking by disseminating the scientific and technical knowledge base of middle-level manpower development programs;

Recognize and encourage the complementary roles of public and private institutions in technical education and skills development and training systems; and

Inculcate desirable values through the development of moral character with emphasis on work ethic, self-discipline, self-reliance and nationalism.

SEC. 4. Definition of Terms. - As used in this Act:

"Skill" shall mean the acquired and practiced ability to carry out a task or job;

"Skills Development" shall mean the process through which learners and workers are systematically provided with learning opportunities to acquire or upgrade, or both, their ability, knowledge and behavior pattern required as qualifications for a job or range of jobs in a given occupational area;

"Technical Education" shall refer to the education process designed at post-secondary and lower tertiary levels, officially recognized as non-degree programs aimed at preparing technicians, para-professionals and other categories of middle-level workers by providing them with a broad range of general education, theoretical, scientific and technological studies, and related job skills training;

"Trade" shall mean any group of interrelated jobs or any occupation which is traditionally or officially recognized as craft or artisan in nature requiring specific qualifications that can be acquired through work experience and/or training;

"Middle-Level Manpower" refers to those:

1.who have acquired practical skills and knowledge through formal or non-formal education and training equivalent to at least a secondary education but preferably at post-secondary education with a corresponding degree of diploma; or

2.skilled workers who have become highly competent in their trade or craft as attested by industry;

"Private Enterprises" refers to an economic system under which property of all kinds can be privately owned and in which individuals, alone or in association with another, can embark on a business activity. This includes industrial, agricultural, or agro-industrial establishments engaged in the production, manufacturing, processing, repacking or assembly of goods including service-oriented enterprises;

"Trainers" shall mean persons who direct the practice of skills towards immediate improvement in some task;

"Trainors/trainers" shall mean persons who provide training to trainers aimed at developing the latter's capacities for imparting attitudes, knowledge, skills and behavior patters required for specific jobs, tasks, occupations or group of related occupations.

"Trainees" shall mean persons who are participants in a vocational, administrative or technical training program for the purpose of acquiring and developing job-related skills;

"Apprenticeship" training within employment with compulsory related theoretical instruction involving a contract between an apprentice and an employer on an approved apprenticeable occupation;

"Apprentice" is a person undergoing training for an approved apprenticeable occupation during an apprenticeship agreement;

"Apprenticeship Agreement" is a contract wherein a prospective employer binds himself to train the apprentice who in turn accepts the terms of training for a recognized apprenticeable occupation emphasizing the rights, duties and responsibilities of each party;

"Apprenticeable Occupation" is an occupation officially endorsed by a tripartite body and approved for apprenticeable by the Authority;

"Learners" refers to persons hired as trainees in semi-skilled and other industrial occupations which are non-apprenticeable. Learnership programs must be approved by the Authority;

"User-Led" or "Market-Driven Strategy" refers to a strategy which promotes strengthened linkages between educational/training institutions and industry to ensure that appropriate skills and knowledge are provided by the educational system;

"Dual System/Training" refers to a delivery system of quality technical and vocational education which requires training to be carried out alternately in two venues: in-school and in the production plant. In- school training provides the trainee the theoretical foundation, basic training, guidance and human formation, while in-plant training develops his skills and proficiency in actual work conditions as it continues to inculcate personal discipline and work values;

"Levy Grant System" refers to a legal contribution from participating employers who would be beneficiaries of the program (often as a percentage of the payroll) which is subsequently turned over or rebated to enterprises offering employee training programs.

SEC. 5. Technical Education and Skills Development Authority; Creation. - To implement the policy
declared in this Act, there is hereby created a Technical Education and Skills Development Authority (TESDA), hereinafter referred to as the Authority, which shall replace and absorb the National Manpower and Youth Council (NMYC), the Bureau of Technical and Vocational Education (BTVE) and the personnel and functions pertaining to technical-vocational education in the regional offices of the Department of Education, Culture and Sports (DECS) and the apprenticeship program of the Bureau of Local Employment of the Department of Labor and Employment.

SEC. 6. Composition of the Authority. - The Authority shall be composed of the TESDA Board and the TESDA Secretariat.

SEC. 7. Composition of the TESDA Board. - The TESDA Board shall be composed of the following:

The Secretary of Labor and Employment
Chairperson
Secretary of Education, Culture and Sports
Co-Chairperson
Secretary of Trade and Industry
Co-Chairperson
Secretary of Agriculture Member
Secretary of Interior and Local Government
Member
Director-General of the TESDA Secretariat
Member

In addition, the President of the Philippines shall appoint the following members from the private sector:

two (2) representatives, from the employer/industry organization, one of whom shall be a woman; three (3) representatives, from the labor sector, one of whom shall be a woman; and two (2) representatives of the national associations of private technical-vocational education and training institutions, one of whom shall be a women. As soon as all the members of the private sector are appointed, they shall so organized themselves that the term of office of one-third (1/3) of their number shall expire every year. The member from the private sector appointed thereafter to fill vacancies caused by expiration of terms shall hold office for three (3) years.

The President of the Philippines may, however, revise the membership of the TESDA Board, whenever the President deems it necessary for the effective performance of the Board's functions through an
administrative order.

The TESDA Board shall meet at least twice a year, or as frequently as may be deemed necessary by
its Chairperson. In the absence of the Chairperson, a Co-Chairperson shall preside. In case any member of the Board representing the Government cannot attend the meeting, he or she shall be regularly represented by an undersecretary or deputy-director general, as the case may be, to be designated by such member for the purpose.

The benefits, privileges and emoluments of the Board shall be consistent with existing laws and rules.

SEC. 8. Powers and Functions of the Board. - The Authority shall primarily be responsible for
formulating, continuing, coordinated and fully integrated technical education and skills development policies, plans and programs taking into consideration the following:

The State policy declared herein of giving new direction and thrusts to efforts in developing the quality of Filipino human resource through technical education and skills development;

The implementation of the above-mentioned policy requires the coordination and operation of policies, plans, and programs of different concerned sectors of Philippine society;

Equal participation of representatives of industry groups, trade associations, employers, workers and government shall be made the rule in order to ensure that urgent needs and recommendations are readily addressed; and

Improved linkages between industry, labor and government shall be given priority in the formulation of any national-level plan.

The Board, shall have the following powers:

1. promulgate, after due consultation with industry groups, trade associations, employers, workers, policies, plans, programs and guidelines as may be necessary for the effective implementation of this Act;

2. organize and constitute various standing committees, subsidiary groups, or technical working groups for efficient integration, coordination and monitoring technical education and skills development programs at the national, regional, and local levels;

3. enter into, make, execute, perform and carry-out domestic and foreign contracts subject to existing laws, rules and regulations.

4. restructure the entire sub-sector consisting of all institutions and programs involved in the promotion and development of middle-level manpower through upgrading, merger and/or phase-out following a user-led strategy;

5. approve trade skills standards and trade tests as established and conducted by private industries;

6. establish and administer a system of accreditation of both public and private institutions;

7. establish, develop and support institutions' trainors' training and/or programs;

8. lend support and encourage increasing utilization of the dual training system as provided for by Republic Act. No. 7686;

9. exact reasonable fees and charges for such tests and trainings conducted and retain such earnings for its own use, subject to guidelines promulgated by the Authority;

10. allocate resources, based on the Secretariat's recommendations for the programs and subjects it shall undertake pursuant to approved National Technical Education and Skills Development Plan;

11. determine and approve systematic funding schemes such as the Levy and Grant scheme for technical education and skills development purposes;

12. create, when deemed necessary, an Advisory Committee which shall provide expert and technical advice to the Board to be chosen from the academe and the private sector: Provided, That in case the Advisory Committee is created, the Board is hereby authorized to set aside a portion of its appropriation for its operation; and

13. perform such other duties and functions necessary to carry out the provisions of this Act consistent with the purposes of the creation of TESDA.

SEC. 9. Power to Review and Recommend Action. - The Authority shall review and recommend action
to concerned authorities on proposed technical assistance programs and grants-in-aid for technical education or skills development, or both, including those which may be entered into between the Government of the Philippines and other nations, including international and foreign organizations, both here and abroad.

SEC. 10. The TESDA Secretariat. - There is hereby created a Technical Education and Skills
Development Authority Secretariat which shall have the following functions and responsibilities:

To establish and maintain a planning process and formulate a national technical education and skills development plan in which the member-agencies and other concerned entities of the Authority at various levels participate;

To provide analytical inputs to policy decision-making of the Authority on allocation of resources and institutional roles and responsibilities as shall be embodied in annual agencies technical education and skills development plans, in accordance with the manpower plan for middle-level skilled worker as approved by the Authority;

To recommend measures, and implement the same upon approval by the Authority, for the effective and efficient implementation of the national technical education and skills development plan;

To propose to the Authority the specific allocation of resources for the programs and projects it shall undertake pursuant to approved national technical education and skills development plan;

To submit to the Authority periodic reports on the progress and accomplishment of work programs of implementation of plans and policies for technical education and skills development;

To prepare for approval by the Authority an annual report to the President on technical education and skills development;

To implement and administer the apprenticeship program as provided for in Section 18 of his Act;

To prepare and implement upon approval by the Authority a program for the training of trainers, supervisors, planners and managers as provided for in Section 23 of this Act;

To enter into agreement to implement approved plans and programs and perform activities as shall implement the declared policy of this Act; and to perform such other functions and duties as may be assigned by the Board.

SEC. 11. Director-General. - The TESDA Secretariat shall be headed by a Director-General, who shall
likewise be a member of the TESDA Board. The Director-General shall be appointed by the President of the Philippines and shall enjoy the benefits, privileges and emoluments equivalent to the rank of Undersecretary.

As Chief Executive Officer of the TESDA Secretariat, the Director-General shall exercise general supervision and control over its technical and administrative personnel.

SEC. 12. Deputy Directors-General. - The Director-General shall be assisted by two (2) Deputy Directors-General to be appointed by the President of the Philippines on recommendation of the TESDA Board. One to be responsible for Vocational and Technical Education and Training and one to be responsible for Policies and Planning.

The Deputy Directors-General shall enjoy the benefits, privileges and emoluments equivalent to the rank of Assistant Secretary.

SEC. 13. Chief of Services for Administration. - The Director-General shall also be assisted by a Chief of Services for Administration who shall be a Career Civil Service Official to be appointed by the TESDA Board.

SEC. 14. Structural Organization and Personnel. - The TESDA Secretariat, in addition to the offices of the Director-General, Deputy Director-General and Chief of Services for Administration shall be
composed of the following offices to be headed by an Executive Director to be appointed by the
Director-General and shall have the rank and emoluments of Director IV.

Planning Office (PO) - The Planning Office shall be under the Office of the Deputy Director-General and shall have the following functions:

1. To design and establish planning processes and methodologies which will particularly enhance the efficiency of resource allocation decisions within the technical education and skills development sector;

2. To lead in the preparation and periodic updating of a national plan for technical education and skills development which shall become the basis for resource allocation decisions within the sector;

3. To conduct researchers, studies and develop information systems for effective and efficient planning and policy making within the sector;

4. To develop and implement programs and projects aimed at building up planning capabilities of various institutions within the sector; and

5. To perform such other powers and functions as may be authorized by the Authority.

Skills Standards and Certification Office (SSCO) - The Skills Standards and Certification Office shall be under the office of the Deputy Director-General and shall have the following functions:

1. To develop and establish a national system of skills standardization, testing and certification in the country;

2. To design, innovate and adopt processes and methodologies whereby industry groups and workers' guilds take note on progressively the responsibility of setting skills standards for identified occupational areas, and the local government units actively participate in promoting skills standards, testing and certification;

3. To establish and implement a system of accrediting private enterprises, workers' associations and guilds and public institutions to serve as skills testing venues;

4. To conduct research and development on various occupational areas in order to recommend policies, rules and regulations for effective and efficient skills standardization, testing and certification system in the country; and

5. To perform such other duties and functions as may be authorized.

National Institute for Technical Vocational and Education Training (NITVET) - The National Institute for Technical Vocational and Education Training to be under the office of the Deputy Director-General and shall have the following functions:

1. To serve as the research and development arm of the government in the field of the technical-vocational education and training;

2. To develop curricula and program standards for various technical-vocational education and training areas;

3. To develop and implement an integrated program for continuing development of trainors, teachers and instructors within the technical education and skills development sector;

4. To develop programs and project which will build up institutional capabilities within the sector; and
5. To perform such other powers and functions as may be authorized.

Office of Formal Technical Vocational Education and Training (OFTVET) - The Office of Formal Technical Vocational Education and Training to be under the office of the Deputy Director-General and shall have the following functions:

1. To provide policies, measures and guidelines for effective and efficient administration of formal technical-vocational education and training programs implemented by various institutions in the country;

2. To establish and maintain a system for accrediting, coordinating, integrating, monitoring and evaluating the different formal technical-vocational education and training programs vis-à-vis the approved national technical education and skills development plan;

3. To establish and maintain a network of institutions engaged in institutionalized technical-vocational education and training, particularly with local government units; and

4. To perform such other duties and functions as may be authorized.

Office of the Non-Formal Technical-Vocational Education and Training (ONFTVET) - The Office of the Non-Formal Technical-Vocational Education and Training to be under the office of the Deputy Director-General and shall have the following functions:

1. To provide direction, policies and guidelines for effective implementation of non-formal community-based technical-vocational education and training;

2. To accredit, coordinate, monitor and evaluate various non-formal technical-vocational education and training programs implemented by various institutions particularly, by local government units;

3. To establish and maintain a network of institutions including local government units, non-government organizations implementing non-formal, community-based technical-vocational education and training;

4. To perform such other powers and functions as may be authorized.

Office of Apprenticeship (OA) - The Office of Apprenticeship shall be under the office of the Deputy Director-General and shall have the following functions:

1. To provide direction, policies and guidelines on the implementation of the apprenticeship system;

2. To accredit, coordinate, monitor and evaluate all apprenticeship schemes and program implemented by various institutions and enterprises;

3. To establish a network of institutions and enterprises conducting apprenticeship schemes and programs;

4. To perform such other powers and functions as may be authorized.

Regional TESDA Offices - The Regional TESDA Offices shall be headed by Regional Directors with the rank and emoluments of Director IV to be appointed by the President. The Regional TESDA Offices shall be under the direct control of the Director-General and shall have the following functions:

1. To serve as Secretariat to Regional Technical Education Skills Development (TESDA) Committee;

2. To provide effective supervision, coordination and integration of technical education and skills development programs, projects and related activities in their respective jurisdictions;

3. To develop and recommend TESDA programs for regional and local-level implementation within the policies set by the Authority.

4. To perform such other duties and functions as may be deemed necessary.

SEC. 15. The Provincial TESDA Offices. - The Provincial Offices shall be headed by Skill Development Officers who shall have the rank and emoluments of a Director III.

The Provincial TESDA Offices shall be under the direct control of the Director-General and shall have the following functions:

1. To serve as Secretariat to Provincial TESDA Committees;

2. To provide technical assistance particularly to local government units for effective supervisions, coordination, integration and monitoring of technical-vocational education and training programs within their localities;

3. To review and recommend TESDA Programs for implementation within their localities; and

4. To perform such other duties and functions as may be authorized. Furthermore, the TESDA Secretariat maybe further composed by such offices as may be deemed necessary by the Authority. The Director-General shall appoint such personnel necessary to carry out the objectives, policies and functions of the Authority subject to civil service laws, rules and regulations.

SEC. 16. Compliance with the Salaries Standardization Law. - The compensation and emoluments of the officials and employees of the Authority shall be in accordance with the salary standardization law and other applicable laws under the national compensation and classification plan.

SEC. 17. Consultants and Technical Assistance, Publication and Research. - In pursuing its objectives, the Authority is hereby authorized to set aside a portion of its appropriation for the hiring of services of qualified consultants, and private organizations for research work and publication in the field of technical education and skills development. It shall avail itself of the services of other agencies of the Government as may be required.

SEC. 18. Transfer of the Apprenticeship Program. - The Apprenticeship Program of the Bureau of Local
Employment of the Department of Labor and Employment shall be transferred to the Authority which shall implement and administer said program in accordance with existing laws, rules and regulations.

SEC. 19. Technical Education and Skills Development Committees. - The Authority shall establish Technical Education and Skills Development Committees at the regional and local levels to coordinate and monitor the delivery of all skills development activities by the public and private sectors. These committees shall likewise serve as the Technical Education and Skills Development Committees of the Regional and local development councils. The compositions of the Technical Education and Skills development Committees shall be determined by the Director-General subject to the guidelines to be
promulgated by the Authority.

SEC. 20. Skills Development Centers. - The Authority shall strengthen the network of national, regional and local skills training centers for the purpose of promoting skills development. This network shall include skills training centers in vocational and technical schools, technical institutes, polytechnic colleges, and all other duly accredited public and private dual system educational institutions. The technical education and skills development centers shall be administered and operated under such rules and regulations as may be established by the Authority in accordance with the National Technical Education and Skills Development Plan.

SEC. 21. Formulation of a Comprehensive Development Plan for Middle-Level Manpower. - The Authority shall formulate a comprehensive development plan for middle-level manpower based on a national employment plan or policies for the optimum allocation, development and utilization of skilled workers for employment entrepreneurship and technology development for economic and social growth. This plan shall after adoption by the Authority be updated periodically and submitted to the President of the Philippines for approval. Thereafter, it shall be the plan for the technical education and skills development for the entire country within the framework of the National Development Plan. The Authority shall direct the TESDA Secretariat to call on its member-agencies, the private sector and the academe to assist in this effort. The comprehensive plan shall provide for a reformed industry-based training program including apprenticeship, dual training system and other similar schemes intended to:

Promote maximum protection and welfare of the worker-trainee;

Improve the quality and relevance and social accountability of technical education and skills development;

Accelerate the employment-generation effort of the government; and

Expand the range of opportunities for upward social mobility of the school-going population beyond the traditional higher levels of formal education. All government and non-government agencies receiving financial and technical assistance from the government shall be required to formulate their respective annual agency technical education and skills development plan in line with the national technical education and skills development plan. The budget to support such plans shall be subject to review and endorsement by the Authority to the Department of Budget and Management. The Authority shall evaluate the efficiency and effectiveness of agencies skills development program and schemes to make them conform with the quantitative and qualitative objectives of the national technical education and skills development plan.

SEC. 22. Establishment and Administration of National Trade Skills Standards. - There shall be national occupational skills standards to be established by TESDA-accredited industry committees. The Authority shall develop and implement a certification and accreditation program in which private industry groups
and trade associations are accredited to conduct approved trade tests, and the local government units to promote such trade testing activities in their respective areas in accordance with the guidelines to be set by the Authority. The Secretary of Labor and Employment shall determine the occupational trades for mandatory certification. All certificates relating to the national trade skills testing and certification system shall be issued by the Authority through the TESDA Secretariat.

SEC. 23. Administration of Training Programs. - The Authority shall design and administer training programs and schemes the will develop the capabilities of public and private institutions to provide quality and cost-effective technical education and skills development and related opportunities. Such training programs and schemes shall include teacher's trainors' training, skills training for entrepreneur development and technology development, cost-effective training in occupational trades and related fields of employment, and value development as an integral component of all skills training programs.

SEC. 24. Assistance to Employers and Organizations. - The Authority shall assist any employer or organization engaged in skills training schemes designed to attain its objectives under rules and regulations which the Authority shall establish for this purpose.

SEC. 25. Coordination of All Skills Training Schemes. - In order to integrate the national skills development efforts, all technical education and skills training schemes as provided for in this Act shall be coordinated with the Authority particularly those having to do with the setting of trade skills standards. For this purpose, existing technical education and skills training programs in the Government and in the private sector, specifically those wholly or partly financed with government funds, shall be reported to the Authority which shall assess and evaluate such programs to ensure their efficiency and effectiveness.

SEC. 26. Industry Boards. - The Authority shall establish effective and efficient institutional
arrangements with industry boards and such other bodies or associations to provide direct participation of employers and workers in the design and implementation of skills development schemes, trade skills standardization and certification and such other functions in the fulfillment of the Authority's objectives.

SEC. 27. Incentives Schemes. - The Authority shall develop and administer appropriate incentive
schemes to encourage government and private industries and institutions to provide high-quality technical education and skills development opportunities.

SEC. 28. Skills Development Opportunities. - The Authority shall design and implement an effective and efficient delivery system for quality technical education and skills development opportunities particularly in disadvantaged sectors, with new tools of wealth creation and with the capability to take on higher value-added gainful activities and to share equitably in productivity gains.

SEC. 29. Devolution of TESDA's Training Function to Local Governments. - In establishing the delivery system provided for in the preceding Section, the Authority shall formulate, implement and finance a specific plan to develop the capability of local government units to assume ultimately the responsibility for effectively providing community-based technical education and skills development opportunities: Provided, however, That there shall be formulated and implemented, an effective and timely retraining of TESDA personnel that would be affected by the devolution to ensure their being retained if the concerned local government units would not be able to absorb them.

SEC. 30. Skills Olympics. - To promote quality skills development in the country and with the view of participating in international skills competitions, the Authority, with the active participation of private industries, shall organize and conduct annual National Skills Olympics. The Authority, through the
TESDA Secretariat, shall promulgate the necessary rules and guidelines for the effective and efficient conduct of Annual National Skills Olympics and for the country's participation in internationals skills
olympics.

SEC. 31. The TESDA Development Fund. - A TESDA Development Fund is hereby established, to be
managed/administered by the Authority, the income from which shall be utilized exclusively in awarding of grants and providing assistance to training institutions, industries, local government units for upgrading their capabilities and to develop and implement training and training-related activities. The contribution to the fund shall be the following:

A one-time lump sum appropriation from the National Government;

An annual contribution from the Overseas Workers Welfare Administration Fund, the amount of which should be part of the study on financing in conjunction with letter (D) of Section 34;

Donations, grants, endowments, and other bequests or gifts, and any other income generated by the Authority.

The TESDA Board shall be the administrator of the fund, and as such, shall formulate the necessary implementing guidelines for the management of the fund, subject to the following:

a) unless otherwise stipulated by the private donor, only earnings of private contributions shall be used; and b) no part of the seed capital of the fund, including earnings, thereof, shall be used to underwrite expenses for administration.

The Board shall appoint a reputable government-accredited investment institutions as fund manager, subject to guidelines promulgated by the Board.

SEC 32. Scholarship Grants. - The authority shall adopt a system of allocation and funding of
scholarship grants which shall be responsive to the technical education and skills development needs of the different regions in the country.

SEC 33. TESDA Budget. - The amount necessary to finance the initial implementation of this Act shall be charged against the existing appropriations of the NMYC and the BTVE. Thereafter, such funds as may be necessary for the continued implementation of this Act shall be included in the annual General Appropriations Act.

SEC 34. Transitory Provisions. - a) Within two (2) months after the approval of this Act, the President shall, in consultation with the Secretary of Labor and Employment and the Secretary of Education, Culture and Sports, appoint the private sector representatives of the TESDA Board.

Within (3) months after the appointment of the private sector representatives, the President shall, upon the recommendation of the Board, appoint the General-Director.

Within (4) months after the appointment of the Director General, the Board shall convene to determine the organizational structure and staffing pattern of the Authority.

Within (1) year after the organization of the Authority, the Board shall commission an expert group on funding schemes for the TESDA Development Fund, as provided in Section 31, the results of which shall be used as the basis for appropriate action by the Board.

The personnel of the existing National Manpower and Youth Council (NMYC) of the Department of Labor and Employment and the Bureau of Technical and Vocational Education (BTVE) of the Department of Education, Culture and Sports, shall, in a holdover capacity, continue to perform their respective duties and responsibilities and receive their corresponding salaries and benefits until such time when the organizational structure and staffing pattern of the Authority shall have been approved by the Board: Provide, That the preparation and approval of the said new organizational structure and staffing pattern shall, as far as practicable, respect and ensure the security of tenure and seniority rights affected government employees. Those personnel whose positions are not included in the new staffing pattern approved by the Board or who are not reappointed or who choose to be separated as a result of the reorganization shall be paid their separation or retirement benefits under existing laws.

SEC 35. Automatic review. - Every five (5) years, after the affectivity of this Act, an independent review panel composed of three (3) persons appointed by the President shall review the performance of the authority and shall make recommendations, based on its findings to the President shall review the performance of the Authority and shall make the recommendations, based on the findings to the President and to both Houses of Congress.

SEC. 36. Implementing Rules and Guidelines. - The TESDA board shall issue, within a period of ninety (90) days after the affectivity of this Act, the rules and regulations for the effective implementation of this Act. The TESDA Board shall submit tot he committees on Education, Arts and Culture of both Houses of Congress copies of the implementing rules and guidelines within (30) days after its promulgation. Any violation of this Section shall render the official/s concerned liable under R. A. No. 6713, otherwise knownas the "Code of Conduct and Ethical Standards for Public Officials and Employees" and other existing administrative and/or criminal laws.

SEC. 37. Repealing Clause. - All laws, presidential decrees, executive orders, presidential proclamations, rules and regulations or part thereof contrary to or inconsistent with this Act are hereby repealed or modified accordingly.

SEC. 38. Separability Clause. - If any provision of this Act is declared unconstitutional, the same shall not affect the validity and effectivity of the other provisions hereof.

SEC. 39. Effectivity. - This Act shall take effect fifteen (15) days after its complete publication in two (2)newspapers of general circulation.

Approved:

(SGD.) JOSE DE VENECIA, JR.
Speaker of the HouseOf Representatives
(SGD.) EDGARDO J. ANGARA
President of the Senate

This Act, which is a consolidation of Senate Bill No. 1283 and House Bill No. 12194, was finally passed by the Senate and the House of Representatives on August 23, 1994.

(SGD.) CAMILO L. SABIO
Secretary General
House of Representatives

(SGD.) EDGARDO E. TUMANGAN
Secretary of the Senate

Approved: August 25, 1994

FIDEL V. RAMOS
President of the Philippines

2011-09-25T04:17:00.000-07:00

Magna Carta for Public School Teachers
(REPUBLIC ACT NO. 4670, June 18, 1966)

THE MAGNA CARTA FOR PUBLIC SCHOOL TEACHERS

I. DECLARATION OF POLICY COVERAGE

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

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

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

II. RECRUITMENT AND CAREER

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

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

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

© 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

© 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 © 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

2011-09-25T04:08:00.000-07:00

CODE OF ETHICS FOR PROFESSIONAL TEACHERS

Pursuant to the provisions of paragraph (e), Article 11, of R.A. No. 7836, otherwise known as the Philippine Teachers Professionalization Act of 1994 and paragraph (a), section 6, P.D. No. 223, as amended, the Board for Professional Teachers hereby adopt the Code of Ethics for Professional Teachers.

Preamble
Teachers are duly licensed professionals who possesses 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 all 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, and 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 posses freedom to attend church and worships as appropriate, but shall not use his positions and influence to proselyte others.

Article IV: A 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 of 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 descent living.

Article V: The Teachers and the Profession
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.

Section 7. A teacher may apply for a vacant position for which he is qualified; provided that he respects the system of selection on the basis of merit and competence; provided, further, that all qualified candidates are given the opportunity to be considered.

Article VI: The Teacher and Higher Authorities in the Profession
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 extent possible, shall raise grievances within acceptable democratic possesses. 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 needed 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 in training programs.

Section 4. No school officials shall dismiss or recommend for dismissal 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.

Article VIII: The Teachers and Learners
Section 1. A teacher has a right and duty to determine the academic marks and the promotions of learners in the subject or grades he handles, provided that such determination shall be in accordance with generally accepted procedures of evaluation and measurement. In case of any 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 of first and foremost concern, and shall deal justifiably and impartially with each of them.

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 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 manifestation 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 Teachers 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 deficiencies of learner under him, exercising utmost candor and tact in pointing out the learner's deficiencies and in seeking parent’s cooperation for the proper guidance and improvement of the 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 in the settlement of his debts 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 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 Certification of Registration and License as a Professional Teacher, suspension from the practice of teaching profession, or reprimand or cancellation of his temporary/special 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 after sixty (60) days following its publication in the Official Gazette or any newspaper of general circulation, whichever is earlier.

2011-05-10T23:08:00.001-07:00

HOUSE BILL NO. 5043

AN ACT PROVIDING FOR A NATIONAL POLICY ON REPRODUCTIVE HEALTH, RESPONSIBLE PARENTHOOD AND POPULATION DEVELOPMENT, AND FOR OTHER PURPOSES

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

SECTION 1. Short Title. – This Act shall be known as the “Reproductive Health and Population Development Act of 2008“.

SEC. 2. Declaration of Policy. – The State upholds and promotes responsible parenthood, informed choice, birth spacing and respect for life in conformity with internationally recognized human rights standards.

The State shall uphold the right of the people, particularly women and their organizations, to effective and reasonable participation in the formulation and implementation of the declared policy.

This policy is anchored on the rationale that sustainable human development is better assured with a manageable population of healthy, educated and productive citizens.

The State likewise guarantees universal access to medically-safe, legal, affordable and quality reproductive health care services, methods, devices, supplies and relevant information thereon even as it prioritizes the needs of women and children,among other underprivileged sectors.

SEC. 3. Guiding Principles. – This Act declares the following as basic guiding principles:

a. In the promotion of reproductive health, there should be no bias for either modern or natural methods of family planning;

b. Reproductive health goes beyond a demographic target because it is principally about health and rights;

c. Gender equality and women empowerment are central elements of reproductive health and population development;

d. Since manpower is the principal asset of every country, effective reproductive health care services must be given primacy to ensure the birth and care of healthy children and to promote responsible parenting;

e. The limited resources of the country cannot be suffered to, be spread so thinly to service a burgeoning multitude that makes the allocations grossly inadequate and effectively meaningless;

f. Freedom of informed choice, which is central to the exercise of any right, must be fully guaranteed by the State like the right itself;

g. While the number and spacing of children are left to the sound judgment of parents and couples based on their personal conviction and religious beliefs, such concerned parents and couples, including unmarried individuals, should be afforded free and full access to relevant, adequate and correct information on reproductive health and human sexuality and should be guided by qualified State workers and professional private practitioners;

h. Reproductive health, including the promotion of breastfeeding, must be the joint concern of the National Government and Local Government Units(LGUs);

i. Protection and promotion of gender equality, women empowerment and human rights, including reproductive health rights, are imperative;

j. Development is a multi-faceted process that calls for the coordination and integration of policies, plans, programs and projects that seek to uplift the quality of life of the people, more particularly the poor, the needy and the marginalized;

k. Active participation by and thorough consultation with concerned non-government organizations (NGOs), people’s organizations (POs) and communities are imperative to ensure that basic policies, plans, programs and projects address the priority needs of stakeholders;

l. Respect for, protection and fulfillment of reproductive health rights seek to promote not only the rights and welfare of adult individuals and couples but those of adolescents’ and children’s as well; and

m. While nothing in this Act changes the law on abortion, as abortion remains a crime and is punishable, the government shall ensure that women seeking care for post-abortion complications shall be treated and counseled in a humane, non-judgmental and compassionate manner.

SEC. 4. Definition of Terms. – For purposes of this Act, the following terms shall be defined as follows:

a. Responsible Parenthood – refers to the will, ability and cornmitTrient of parents to respond to the needs and aspirations of the family and children more particularly through family planning;

b. Family Planning – refers to a program which enables couple, and individuals to decide freely and responsibly the number and spacing of their children and to have the information and means to carry out their decisions, and to have informed choice and access to a full range of safe, legal and effective family planning methods, techniques and devices.

c. Reproductive Health -refers to the state of physical, mental and social well-being and not merely the absence of disease or infirmity, in all matters relating to the reproductive system and to its funcitions and processes. This implies that people are able to have a satisfying and safe sex life, that they have the capability to reproduce and the freedom to decide if, when and how often to do so, provided that these are not against the law. This further implies that women and men are afforded equal status in matters related to sexual relations and reproduction.

d. Reproductive Health Rights – refers to the rights of individuals and couples do decide freely and responsibly the number, spacing and timing of their children; to make other decisions concerning reproduction free of discrimination, coercion and violence; to have the information and means to carry out their decisions; and to attain the highest standard of sexual and reproductive health.

e. Gender Equality – refers to the absence of discrimination on the basis of a person’s sex, in opportunities, allocation of resources and benefits, and access to services.

f. Gender Equity – refers to fairness and justice in the distribution of benefits and responsibilities between women and men, and often requires. women-specific projects and programs to eliminate existing inequalities, inequities, policies and practices unfavorable too women.

g. Reproductive Health Care – refers to the availability of and access to a full range of methods, techniques, supplies and services that contribute to reproductive and sexual health and well-being by preventing and solving reproductive health-related problems in order to achieve enhancement of life and personal relations. The elements of reproductive health care include:

1. Maternal, infant and child health and nutrition;

2. Promotion of breastfeeding;

3. Family planning information end services;

4. Prevention of abortion and management of post-abortion complications;

5. Adolescent and youth health;

6. Prevention and management of reproductive tract infections (RTIs), HIV/AIDS and other sexually transmittable infections (STIs);

7. Elimination of violence against women;

8. Education and counseling on sexuality and sexual and reproductive health;

9. Treatment of breast and reproductive tract cancers and other gynecological conditions;

10. Male involvement and participation in reproductive health;,

11. Prevention and treatment of infertility and sexual dysfunction; and

12. Reproductive health education for the youth.

h. Reproductive Health Education – refers to the process of acquiring complete, accurate and relevant information on all matters relating to the reproductive system, its functions and processes and human sexuality; and forming attitudes and beliefs about sex, sexual identity, interpersonal relationships, affection, intimacy and gender roles. It also includes developing the necessary skills do be able to distinguish between facts and myths on sex and sexuality; and critically evaluate. and discuss the moral, religious, social and cultural dimensions of related sensitive issues such as contraception and abortion.

i. Male involvement and participation – refers to the involvement, participation, commitment and joint responsibility of men with women in all areas of sexual and reproductive health, as well as reproductive health concerns specific to men.

j. Reproductive tract infection (RTI) – refers do sexually transmitted infections, sexually transmitted diseases and other types of-infections affecting the reproductive system.

k. Basic Emergency Obstetric Care – refers to lifesaving services for maternal complication being provided by a health facility or professional which must include the following six signal functions: administration of parenteral antibiotics; administration of parrenteral oxyttocic drugs; administration of parenteral anticonvulsants for pre-eclampsia and iampsia; manual removal of placenta; and assisted vaginal delivery.

l. Comprehensive Emergency Obstetric Care – refers to basic emergency obstetric care plus two other signal functions: performance of caesarean section and blood transfusion.

m. Maternal Death Review – refers to a qualitative and in-depth study of the causes of maternal death with the primary purpose of preventing future deaths through changes or additions to programs, plans and policies.

n. Skilled Attendant – refers to an accredited health professional such as a licensed midwife, doctor or nurse who has adequate proficiency and the skills to manage normal (uncomplicated) pregnancies, childbirth and the immediate postnatal period, and in the identification, management and referral of complication in women and newborns.

o. Skilled Attendance – refers to childbirth managed by a skilled attendant under the enabling conditions of a functional emergencyobstetric care and referral system.

p. Development – refers to a multi-dimensional process involving major changes in social structures, popular attitudes, and national institutions as well as the acceleration of economic growth, the reduction of inequality and the eradication of widespread poverty.

q. Sustainable Human Development – refers to the totality of the process of expending human choices by enabling people to enjoy long, healthy and productive lives, affording them access to resources needed for a decent standard of living and assuring continuity and acceleration of development by achieving a balance between and among a manageable population, adequate resources and a healthy environment.

r. Population Development – refers to a program that aims to: (1) help couples and parents achieve their desired family size; (2) improve reproductive health of individuals by addressing reproductive health problems; (3) contribute to decreased maternal and infant mortality rates and early child mortality; (4) reduce incidence of teenage pregnancy; and (5) enable government to achieve a balanced population distribution.

SEC. 5. The Commission on Population (POPC0NI). – Pursuant to the herein declared policy, the Commission on Population (POPCOM) shall serve as the central planning, coordinating, implementing and monitoring body for the comprehensive and integrated policy on reproductive health and population development. In the implementation of this policy, POPCOM, which shall be an attached agency of the Department of Health (DOH) shall have the following functions:

a. To create an enabling environment for women and couples to make an informed choice regarding the family planning method that is best suited to their needs and personal convictions;

b. To integrate on a continuing basis the interrelated reproductive health and population development agenda into a national policy, taking into account regional and local concerns;

c. To provide the mechanism to ensure active and full participation of the private sector and the citizenry through their organizations in the planning and implementation of reproductive health care and population development programs and projects;

d. To ensure people’s access to medically safe, legal, quality and affordable reproductive health goods and services;

e. To facilitate the involvement and participation of non-government organizations and the private sector in reproductive health care service delivery and in the production, distribution and delivery of quality reproductive: health and family planning supplies and commodities to make them accessible and affordable to ordinary citizens;

f. To fully implement the Reproductive Health Care Program with the following components:

(1) Reproductive health education including but not limited to counseling on the full range of legal and medically-safe family planning methods including surgical methods;

(2) Maternal, pen-natal and post-natal education, care and services;

(3) Promotion of breastfeeding;

(4) Promotion of male involvement, participation and responsibility in reproductive health as well as other reproductive health concerns of men;

(5) Prevention of abortion and management of post-abortion complications; and

(6) Provision of information and services addressing the reproductive health needs of the poor, senior citizens, women in prostitution, differently-abled persons, and women and children in war AND crisis situations.

g. To ensure that reproductive health services are delivered with a full range of supplies, facilities and equipment and that service providers are adequately trained for reproductive health care;

h. To endeavor to furnish local Family Planning Offices with appropriate information and resources to keep the latter updated on current studies and research relating to family planning, responsible parenthood, breastfeeding and infant nutrition;

i. To direct all public hospitals to make available to indigent mothers who deliver their children in these government hospitals, upon the mothers request, the procedure of ligation without cost to her;

j. To recommend the enactment of legislation and adoption of executive measures that will strengthen and enhance the national policy on reproductive health and population development;

k. To ensure a massive and sustained information drive on responsible parenthood and on all methods and techniques to prevent unwanted, unplanned and mistimed pregnancies, it shall release information bulletins on the same for nationwide circulation to all government departments, agencies and instrumentalities, non-government organizations and the private sector, schools, public and private libraries, tri-media outlets, workplaces, hospitals and concerned health institutions;

l. To strengthen the capacities of health regulatory agencies to ensure safe, high-quality, accessible, and affordable reproductive health services and commodities with the concurrent strengthening and enforcement of regulatory mandates and mechanisms;

m. To take active steps to expand the coverage of the National Health Insurance Program (NHIP), especially among poor and marginalized women, to include the full range of reproductive health services and supplies as health insurance benefits; and

n. To perform such other functions necessary to attain the purposes of this Act.

The membership of the Board of Commissioners of POPCOM shall consist of the heads of the following AGENCIES:

1. National Economic DevelopmentAuthority (VEDA)
2. Department of Health (DOH)
3. Department of Social Welfare and Development (DSWD)
4. Department of Labor and Employment (DOLE)
5. Department of Agriculture (DA)
6. Department of the Interior and Local Government (DILG)
7. Department of Education (DepEd)
8. Department of Environment and Natural Resources (DENR)
9. Commission on Higher Education (CHED)
10. University of the Philippines Population Institute (UPPI)
11. Union of Local Authorities of the Philippines (ULAFI)
12. National Anti-Poverty Commission (NAPQ
13. National Commission on the Role of Filipino Women (NCRFW)
14. National Youth Commission (NYC)

In addition to the aforementioned, members, there shall be three private sector representatives to the Board of Commissioners of POPCOM who shall come from NGOs. There shall be one (1) representative each from women, youth and health sectors who have a proven track record of involvement in the promotion of reproductive health. These representatives shall be nominated in a process determined by the above-mentioned sectors, and to be appointed by the President for a term of three (3)years.

SEC. 6. Midwives for Skilled Attendance. -Every city and municipality shall endeavor to employ adequate number of midwives or other skilled attendants to achieve a minimum ratio of one (1)for every one hundred fifty (150) deliveries per year, to be based on the average annual number of actual deliveries or live births for the past two years.

SEC. 7. Emergency Obstetric Care. – Each province. and city shall endeavor to ensure the establishment and operation of hospitals with adequate and qualified personnel that provide emergency obstetric care. For every 500,000 population, there shall be at least one (1) hospital for comprehensive emergency obstetric care and four (4) hospitals for basic emergency obstetric care.

SEC. 8. Maternal Death Review. – All LGUs, national and local government hospitals, and other public health units shall conduct maternal death review in accordance with the guidelines to be issued by the DOH in consultation with the POPCOM.

SEC. 9. Hospital-Based Family Planning. -Tubal ligation, vasectomy, intrauterine device insertion and other family planning methods requiring hospital services shall be available in all national and local government hospitals, except: in specialty hospitals which may render such services on an optional basis. For indigent patients, such services shall be fully covered by PhilHealth insurance and/or government financial assistance.

SEC. 10. Contraceptives as Essential Medicines. – Hormonal contraceptives, intrauterine devices, injectables and other allied reproductive health products and supplies shall be considered under the category of essential medicines and supplies which shall form part of the National Drug Formulary and the same shall be included in the regular purchase of essential medicines and supplies of all national and lord hospitals and other government health units.

SEC. 11. Mobile Health Care Service. -Each Congressional District shall be provided with a van to be known as the Mobile Health Care Service (MHOS) to deliver health care goods and services to its constituents, more particularly to the poor and needy, as well as disseminate knowledge and information on reproductive health: Provided, That reproductive health education shall be conducted by competent and adequately trained persons preferably reproductive health care providers: Provided, further, That the full range of family planning methods, both natural and modern, shall be promoted.

The acquisition, operation and maintenance of the MRCS shall be funded from the Priority Development Assistance Fund (PDAF) of each Congressional District.

The MHCS shall be adequately equipped with a wide range of reproductive health care materials and information dissemination devices and equipment, the latter including but not limited to, a television set for audio-visual presentation.

SEC. 12. Mandatory Age-Appropriate Reproductive Health Education. – Recognizing the importance of reproductive health rights in empowering the youth and developing them into responsible adults, Reproductive Health Education in an age-appropriate manner shall be taught by adequately trained teachers starting from Grade 5 up to Fourth Year High School. In order to assure the prior training of teachers on reproductive health, the implementation of Reproductive Health Education shall commence at the start of the school year one year following the effectivity of this Act. The POPCOM, in coordination with the Department of Education, shall formulate the Reproductive Health Education curriculum, which shall be common to both public and private schools and shall include related population and development concepts in addition to the following subjects and standards:

a. Reproductive health and sexual rights;

b. Reproductive health care and services;

c. Attitudes, beliefs and values on sexual development, sexual behavior and sexual health;

d. Proscription and hazards of abortion and management of post-abortion complications;

e. Responsible parenthood.

f. Use and application of natural and modern family planning methods to promote reproductive health, achieve desired family size and prevent unwanted, unplanned and mistimed pregnancies;

g. Abstinence before marriage;

h. Prevention and treatment of HIV/AIDS and other, STIs/STDs, prostate cancer, breast cancer, cervical cancer and other gynecological disorders;

i. Responsible sexuality; and

j. Maternal, peri-natal and post-natal education, care and services.

In support of the natural, and primary right of parents in the rearing of the youth, the POPCOM shall provide concerned parents with adequate and relevant scientific materials on the age-appropriate topics and manner of teaching reproductive health education to their children.

In the elementary level, reproductive health education shall focus, among others, on values formation.

Non-formal education programs shall likewise include the abovementioned reproductive Health Education.

SEC. 13. Additional Duty of Family Planning 0ffice. – Each local Family Planning Office shall furnish for free instructions and information on family planning, responsible parenthood, breastfeeding and infant nutrition to all applicants for marriage license.

SEC. 14. Certificate of Compliance. – No marriage license shall be issued by the Local Civil Registrar unless the applicants present a Certificate of Compliance issued for free by the local Family Planning Office certifying that they had duly received adequate instructions and information on family planning, responsible parenthood, breastfeeding and infant nutrition.

SEC. 15. Capability Building of Community-Based Volunteer Workers. – Community-based volunteer workers, like but not limited to, Barangay Health Workers, shall undergo additional and updated training on the delivery of reproductive health care services and shall receive not less than 10% increase in honoraria upon successful completion of training. The increase in honoraria shall be funded from the Gender and Development (GAD) budget of the National Economic and Development Authority (NEDA), Department of Health (DOH) and the Department of the Interior and Local Government (DILG).

SEC. 16. Ideal Family Size. – The State shall assist couples, parents and individuals to achieve their desired family size within the context of responsible parenthood for sustainable development and encourage them to have two children as the ideal family size. Attaining the ideal family size is neither mandatory nor compulsory. No punitive action shall be imposed on parents having more than two children.

SEC. 17. Employers’ Responsibilities. – Employers shall respect the reproductive health rights of all their workers. Women shall not be discriminated against in the matter of hiring, regularization of employment status or selection for retrenchment.

All Collective Bargaining Agreements (CBAs) shall provide for the free delivery by the employer of reasonable quantity of reproductive health care services, supplies and devices to all workers, more particularly women workers. In establishments or enterprises where there are no CBAs or where the employees are unorganized, the employer shall have the same obligation.

SEC. 18. Support of Private and Non-government Health Care Service Providers. – Pursuant to Section 5(b) hereof, private reproductive health care service providers, including but not limited to gynecologists and obstetricians, are encouraged to join their colleagues in non-government organizations in rendering such services free of charge or at reduced professional fee rates to indigent and low income patients.

SEC. 19. Multi-Media Campaign. – POPCOM shall initiate and sustain an intensified nationwide multi-media campaign to raise the level of public awareness on the urgent need to protect and promote reproductive health and rights.

SEC. 20. Reporting Requirements. – Before the end of April of each year,the DOH shall submit an annual report to the President of the Philippines, the President of the Senate and the Speaker of the House of Representatives on a definitive and comprehensive assessment of the implementation of this Act and shall make the necessary recommendations for executive and legislative action. The report shall be posted in the website of DOH and printed copies shall be made available to all stakeholders.

SEC. 21. Prohibited Acts. – The following acts are prohibited:

a) Any health care service provider, whether public or private, who shall:

1. Knowingly withhold information or impede the dissemination thereof, and/or intentionally provide incorrect information regarding programs and services on reproductive health including the right to informed choice and access to a full range of legal, medically-safe and effective family planning methods;

2. Refuse to perform voluntary ligation and vasectomy and other legal and medically-safe reproductive health care services on any person of legal age on the ground of lack of spousal consent or authorization.

3. Refuse to provide reproductive health care services to an abused minor, whose abused condition is certified by the proper official or personnel of the Department of Social Welfare and Development (DSWD) or to duly DSWD-certified abused pregnant minor on whose case no parental consent is necessary.

4. Fail to provide, either deliberately or through gross or inexcusable negligence, reproductive health care services as mandated under this Act, the Local Government Code of 1991, the Labor Code, and Presidential Decree 79, as amended; and

5. Refuse to extend reproductive health care services and information on account of the patient’s civil status, gender or sexual orientation, age, religion, personal circumstances, and nature of work; Provided, That all conscientious objections of health care service providers based on religious grounds shall be respected: Provided, further, That the conscientious objector shall immediately refer the person seeking such care and services to another health care service provider within the same facility or one which is conveniently accessible: Provided, finally, That the patient is not in an emergency or serious case as defined in RA 8344 penalizing the refusal of hospitals and medical clinics to administer appropriate initial medical treatment and support in emergency and serious cases.

b) Any public official who prohibits or restricts personally or through a subordinate the delivery of legal and medically-safe reproductive health care services, including family planning;

c) Any employer who shall fail to comply with his obligation under Section 17 of this Act or an employer who requires a female applicant or employee, as a condition for employment or continued employment, to involuntarily undergo sterilization, tubal ligation or any other form of contraceptive method;

d) Any person who shall falsify a certificate of compliance as required in Section 14 of this Act; and

e) Any person who maliciously engages in disinformation about the intent or provisions of this Act.

SEC. 22. Penalties. – The proper city or municipal court shall exercise jurisdiction over violations of this Act and the accused who is found guilty shall be sentenced to an imprisonment ranging from one (1) month to six (6) months or a fine ranging from Ten Thousand Pesos (P10,000.00) to Fifty Thousand Pesos (P50,000.00) or both such fine and imprisonment at the discretion of the court. If the offender is a juridical person, the penalty shall be imposed upon the president, treasurer, secretary or any responsible officer. An offender who is an alien shall, after service of sentence, be deported immediately without further proceedings by the Bureau of Immigration. An offender who is a public officer or employee shall suffer the accessory penalty of dismissal from the government service.

Violators of this Act shall be civilly liable to the offended party in such amount at the discretion of the proper court.

SEC. 23. Appropriations. – The amounts appropriated in the current annual General Appropriations Act for reproductive health and family planning under the DOH and POPCOM together with ten percent (10%) of the Gender and Development (GAD) budgets of all government departments, agencies, bureaus, offices and instrumentalities funded in the annual General Appropriations Act in accordance with Republic Act No. 7192 (Women in Development and Nation-building Act) and Executive Order No. 273 (Philippine Plan for Gender Responsive Development 1995-2025) shall be allocated and utilized for the implementation of this Act. Such additional sums as may be necessary for the effective implementation of this Act shall be Included in the subsequent years’ General Appropriations Acts.

SEC. 24. Implementing Rules and Regulations. – Within sixty (60) days from the effectivity of this Act, the Department of Health shall promulgate, after thorough consultation with the Commission on Population (POPCOM), the National Economic Development Authority (NEDA), concerned non-government organizations (NGOs) and known reproductive health advocates, the requisite implementing rules and regulations.

SEC. 25. Separability Clause. – If any part, section or provision of this Act is held invalid or unconstitutional, other provisions not affected thereby shall remain in full force and effect.

SEC. 26. Repealing Clause. – All laws, decrees, Orders, issuances, rules and regulations contrary to or inconsistent with the provisions of this Act are hereby repealed, amended or modified accordingly.

SEC. 27. Effectivity. – This Act shall take effect fifteen (15) days after its publication in at least two (2) newspapers of national circulation.

2011-03-20T19:59:00.001-07:00

Things that should be found in an emergency preparedness kit

By MANILA BULLETIN ONLINE
September 4, 2010, 4:49am

You will never know when there is going to be an emergency like a strong typhoon or an earthquake, so it is very important to be prepared all the time. Being prepared includes having an emergency preparedness kit. Shine from Yahoo enumerates 10 things that must be found in your kit.

1. Water – Store water that will last three days for the whole family. This is not only for drinking but for other purposes as well.

2. Food – Ready easy-to-open canned goods good for three days.

3. First aid kit – You can buy this from the pharmacy. This includes antiseptic, latex gloves, cleansing agents, scissors, bandages, thermometer, and lubricants. It is also advised that you include pain relievers like ibuprofen.

4. It is also good to keep tools such as a hammer, screwdriver, and can opener.

5. Extra clothing, just in case you need to stay somewhere else. The clothes you will pack will depend on the season.

6. Beddings like blankets for warmth and shelter.

7. Emergency light, radio, and batteries in case of a power outage.

8. A whistle is an effective way to signal or call attention in case you are trapped in a place.

9. Copies of birth certificate, a phone book, and other important documents. These must be kept in waterproof bags.

10. Other things that are of great use to the family such as feeding bottles and eyeglasses.

Place your kit somewhere you can easily get it in your house. Check and update your kit at least once a year.

http://www.mb.com.ph/articles/275485/things-should-be-found-emergency-preparedness-kit

2011-03-20T19:56:00.000-07:00

Earthquake

Earthquake

An earthquake is a geological event inside the earth that generates strong vibrations. When the vibrations reach the surface, the earth shakes, often causing damage to natural and man-made objects, and sometimes killing and injuring people and destroying their property. Earthquakes can occur for a variety of reasons; however, the most common source of earthquakes is movement along a fault.

Some earthquakes occur when tectonic plates, large sections of Earth's crust and upper mantle, move past each other. Earthquakes along the San Andreas and Hayward faults in California occur because of this. Earthquakes also occur if one plate overruns another, as on the western coast of South America , the northwest coast of North America , and in Japan. If plates collide but neither is overrun, as they do crossing Europe and Asia from Spain to Vietnam, earthquakes result as the rocks at the abutting plates compress into high mountain ranges. In all three of these settings, earthquakes result from movement along faults.

A fault block may also move due to gravity , sinking between other fault blocks that surround and support it. Sinking fault blocks and the mountains that surround them form a distinctive topography of basins and mountain ranges. This type of fault block configuration is typified by the North American Basin and Range topographic province. In such places, elevation losses by the valleys as they sink between the mountains are accompanied by tremors or earthquakes. Another kind of mountain range rises because of an active thrust fault. Tectonic compression (tectonic, meaning having to do with the forces that deform the rocks of planets) shoves the range up the active thrust fault, which acts like a natural ramp.

Molten rock called magma moves beneath but relatively close to the earth's surface in volcanically active regions. Earthquakes sometimes accompany volcanic eruptions as huge masses of magma move underground.

Nuclear bombs exploding underground cause small local earthquakes, which can be felt by people standing within a few miles of the test site. The earthquakes caused by nuclear bombs are tiny compared to natural earthquakes; but they have a distinctive "sound," and their location can be pinpointed. This is how nuclear weapons testing in one country can be monitored by other countries around the world.

Earth is covered by a crust of solid rock, which is broken into numerous plates that move around on the surface, bumping, overrunning, and pulling away from each other. One kind of boundary between rocks within a plate, as well as at the edges of the plates, is a fault. Faults are large-scale breaks in Earth's crust, in which the rock on one side of the fault has been moved relative to the rock on the other side of the fault by tectonic forces. Fault blocks are giant pieces of crust that are separated from the rocks around them by faults.

When the forces pushing on fault blocks cannot move one block past the other, potential energy is stored up in the fault zone. This is the same potential energy that resides in a giant boulder when it is poised, motionless, at the top of a steep slope. If something happens to overcome the friction holding the boulder in place, its potential energy will convert into kinetic energy as it thunders down the slope. In the fault zone, the potential energy builds up until the friction that sticks the fault blocks together is overcome. Then, in seconds, all the potential energy built up over the years turns to kinetic energy as the rocks surge past each other.

The vibrations of a fault block on the move can be detected by delicate instruments (seismometers and seismographs) in rocks on the other side of the world. Although this happens on a grand scale, it is remarkably like pushing on a stuck window or sliding door. Friction holds the window or door tight in its tracks. After enough force is applied to over-come the friction, the window or door jerks open.

Some fault blocks are stable and no longer experience the forces that moved them in the first place. The fault blocks that face each other across an active fault, however, are still influenced by tectonic forces in the ever-moving crust. They grind past each other along the fault as they move in different directions.

Fault blocks can move in a variety of ways, and these movements define the different types of faults. In a vertical fault, one block moves upward relative to the other. At the surface of the earth, a vertical fault forms a cliff, known as a fault scarp. The sheer eastern face of the Sierra Nevada mountain range is a fault scarp. In most vertical faults, the fault scarp is not truly vertical, and one of the fault blocks "hangs" over the other. This upper block is called the hanging wall and the lower block, the foot wall.

In horizontal faults, the blocks slide past one another without either block being lifted. In this case, the objects on the two sides of the fault simply slide past one another; for example, a road that straddles the fault might be offset by a number of feet. Complex faults display movements with both vertical and horizontal displacements.

Any one of the following fault types can generate an earthquake:

* Normal fault—A vertical fault in which the hanging wall moves down compared to the foot wall.
* Reverse fault—A vertical fault in which the hanging wall moves up in elevation relative to the foot wall.
* Thrust fault—A low-angle (less than 30°) reverse fault, similar to an inclined floor or ramp. The lower fault block is the ramp itself, and the upper fault block is gradually shoved up the ramp. The "ramp" may be shallow, steep, or even curved, but the motion of the upper fault block is always in an upward direction. A thrust fault caused the January 1994 Northridge earthquake near Los Angeles, California.
* Strike-slip (or transform) fault—A fault along which one fault block moves horizontally (sideways), past another fault block, like opposing lanes of traffic. The San Andreas fault in Northern California is one of the best known of this type.

When a falling rock splashes into a motionless pool of water , waves move out from the point of impact. These waves appear at the interface of water and air as circular ripples. However, the waves occur below the surface, too, traveling down into the water in a spherical pattern. In rock, as in water, a wave-causing event makes not one wave, but a number of waves, moving out from their source, one after another, like an expanding bubble.

Tectonic forces shift bodies of rock inside the earth, perhaps displacing a mountain range several feet in a few seconds, and they generate tremendous vibrations called seismic waves. The earthquake's focus (also called the hypocenter) is the point (usually deep in the subsurface) where the sudden sliding of one rock mass along a fault releases the stored potential energy of the fault zone. The first shock wave emerges at the surface at a point typically directly above the focus; this surface point is called the epicenter. Seismometers detect seismic waves that reach the surface. Seismographs (devices that record seismic phenomena) record the times of arrival for each group of vibrations on a seismogram (either a paper document or digital data).

Like surfaces in an echoing room that reflect or absorb sound, the boundaries of rock types within the earth change or block the direction of movement of seismic waves. Waves moving out from the earthquake's focus in an ever-expanding sphere become distorted, bent, and reflected. Seismologists (geologists who study seismic phenomena) analyze the distorted patterns made by seismic waves and search through the data for clues about the earth's internal structure.

Different kinds of earthquake-generated waves, moving at their own speeds, arrive at the surface in a particular order. The successive waves that arrive at a single site are called a wave train. Seismologists compare information about wave trains that are recorded as they pass through a number of data-collecting sites after an earthquake. By comparing data from three recording stations, they can pinpoint the map location (epicenter) and depth within the earth's surface (focus or hypocenter) of the earthquake.

These are the most important types of seismic waves:

* P-waves—The fastest waves, these compress or stretch the rock in their path through Earth, moving at about 4 mi (6.4 km) per second.
* S-waves—As they move through Earth, these waves shift the rock in their path up and down and side to side, moving at about 2 mi (3.2 km) per second.
* Rayleigh waves and Love waves—These two types of "surface waves" are named after seismologists. Moving at less than 2 mi (3.2 km) per second, they lag behind P-waves and S-waves but cause the most damage. Rayleigh waves cause the ground surface in their path to ripple with little waves. Love waves move in a zigzag along the ground and can wrench buildings from side to side.

The relative size of earthquakes is measured by the Richter scale , which measures the energy an earthquake releases. Each whole number increase in value on the Richter scale indicates a 10-fold increase in the energy released and a thirty-fold increase in ground motion. An earthquake measuring 8 on the Richter scale is ten times more powerful, therefore, than an earthquake with a Richter Magnitude of 7, which is ten times more powerful than an earthquake with a magnitude of 6. Another scale—the Modified Mercalli Scale uses observations of damage (like fallen chimneys) or people's assessments of effects (like mild or severe ground shaking) to describe the intensity of a quake.

Violent shaking changes water bearing sand into a liquid-like mass that will not support heavy loads, such as buildings. This phenomenon, called liquefaction, causes much of the destruction associated with an earthquake in liquefaction-prone areas. Downtown Mexico City rests on the old lakebed of Lake Texcoco, which is a large basin filled with liquefiable sand and ground water. In the Mexico City earthquake of 1985, the wet sand beneath tall buildings turned to slurry, as if the buildings stood on the surface of vibrating gelatin in a huge bowl. Most of the 10,000 people who died as a result of that earthquake were in buildings that collapsed as their foundations sank into liquefied sand.

In the sudden rearrangement of fault blocks in the earth's crust that cause an earthquake, the land surface on the dropped-down side of the fault can fall or subside in elevation by several feet. On a populated coastline, this can wipe out a city. Port Royal, on the south shore of Jamaica, subsided several feet in an earthquake in 1692 and suddenly disappeared as the sea rushed into the new depression. Eyewitnesses recounted the seismic destruction of the infamous pirate anchorage, as follows: "…in the space of three minutes, Port-Royall, the fairest town of all the English plantations, exceeding of its riches,…was shaken and shattered to pieces, sunk into and covered, for the greater part by the sea…The earth heaved and swelled like the rolling billows, and in many places the earth crack'd, open'd and shut, with a motion quick and fast…in some of these people were swallowed up, in others they were caught by the middle, and pressed to death…The whole was attended with…the noise of falling mountains at a distance, while the sky…was turned dull and reddish, like a glowing oven." Ships arriving later in the day found a small shattered remnant of the city that was still above the water. Charts of the Jamaican coast soon appeared printed with the words Port Royall Sunk.

In the New Madrid (Missouri) earthquake of 1811, a large area of land subsided around the bed of the Mississippi River in west Tennessee and Kentucky. The Mississippi was observed to flow backwards as it filled the new depression, to create what is now known as Reelfoot Lake.

Cities depend on networks of so-called "lifeline structures" to distribute water, power, and food and to remove sewage and waste. These networks, whether power lines, water mains, or roads, are easily damaged by earthquakes. Elevated freeways collapse readily, as demonstrated by a section of the San Francisco Bay Bridge in 1989 and the National Highway Number 2 in Kobe, Japan, in 1995. The combination of several networks breaking down at once multiplies the hazard to lives and property. Live power lines fall into water from broken water mains, creating a deadly electric shock hazard. Fires may start at ruptured gas mains or chemical storage tanks. Although emergency services are needed more than ever, many areas may not be accessible to fire trucks and other emergency vehicles. If the water mains are broken, there will be no pressure at the fire hydrants, and the firefighters' hoses are useless. The great fire that swept San Francisco in 1906 could not be stopped by regular firefighting methods. Only dynamiting entire blocks of buildings halted the fire's progress. Both Tokyo and Yokohama burned after the Kwanto earthquake struck Japan in 1923, and 143,000 people died, mostly in the fire.

Popular doomsayers excite uncomprehending fear by saying that earthquakes happen more frequently now than in earlier times. It is true that more people than ever are at risk from earthquakes, but this is because the world's population grows larger every year, and more people are living in earthquake-prone areas.

Today, sensitive seismometers "hear" every noteworthy earth-shaking event, recording it on a seismogram. Seismometers detect earthquake activity around the world, and data from all these instruments are available on the Internet within minutes of the earthquake. News agencies can report the event the same day. People have ready access to information about every earthquake that happens anywhere on Earth. And the earth experiences a lot of earthquakes—the planet never ceases to vibrate with tectonic forces, although the majority of them are not strong enough to be detected except with instruments. Earth has been resounding with earthquakes for more than 4 billion years. Earthquakes are a way of knowing that the planet beneath us is still experiencing normal operating conditions, full of heat and kinetic energy.

Ultrasensitive instruments placed across faults at the surface can measure the slow, almost imperceptible movement of fault blocks, which tell of great potential energy stored at the fault boundary. In some areas, foreshocks (small earthquakes that precede a larger event) may help seismologists predict the larger event. In other areas, where seismologists believe seismic activity should be occurring but is not, this seismic gap may be used instead to predict an inevitable large-scale earthquake.

Other instruments measure additional fault-zone phenomena that seem to be related to earthquakes. The rate at which radon gas issues from rocks near faults has been observed to change before an earthquake. The properties of the rocks themselves (such as their ability to conduct electricity ) have been observed to change, as the tectonic force exerted on them slowly alters the rocks of the fault zone between earthquakes. Peculiar animal behavior has been reported before many earthquakes, and research into this phenomenon is a legitimate area of scientific inquiry, even though no definite answers have been found.

Techniques of studying earthquakes from space are also being explored. Scientists have found that ground displacements cause waves in the air that travel into the ionosphere and disturb electron densities. By using the network of satellites and ground stations that are part of the global positioning system (GPS ), data about the ionosphere that is already being collected by these satellites can be used to understand the energy releases from earthquakes, which may help in their prediction.

Scientists have presumed that tides do not have any influence on or direct relationship to earthquakes. New studies show that tides may sometimes trigger earthquakes on faults where strain has been accumulating; tidal pull during new or full moons has been discounted by studies of over 13,000 earthquakes of which only 95 occurred during these episodes of tidal stress. Attention is also being directed toward the types of rock underlying areas of earthquake activity to see if rock types dampen (lessen the effects) or magnify earthquake motions.

Seismologists must make a hard choice when their data interpretations suggest an earthquake is about to happen. If they fail to warn people of danger they strongly suspect is imminent, many might die needlessly. But, if people are evacuated from a potentially dangerous area and no earthquake occurs, the public will lose confidence in such warnings and might not heed them the next time.

As more is discovered about how and why earthquakes occur, that knowledge can be used to prevent the conditions that allow earthquakes to cause harm. The most effective way to minimize the hazards of earthquakes is to build new buildings or retrofit old ones to withstand the short, high-speed acceleration of earthquake shocks.

"Earthquake." World of Earth Science. 2003. Retrieved March 20, 2011 from Encyclopedia.com: http://www.encyclopedia.com/doc/1G2-3437800186.html

2011-03-20T19:41:00.000-07:00

WHAT TO DO
BEFORE, DURING AND AFTER
EARTHQUAKES

BEFORE

The key to effective disaster prevention is planning.

Determine whether the site is along an active fault and/or prone to liquefaction or landslide which may cause damage to your house or building.

Be sure that proper structural design and engineering practice is followed when constructing a house or building.

Evaluate the structural soundness of buildings and important infrastructures; strengthen or retrofit if necessary.

Prepare your place of work and residence for the event.

Strap heavy furniture/cabinets to the wall to prevent sliding or toppling.

Breakable items, harmful chemicals and flammable materials should be stored in the lowermost shelves and secured firmly.

Make a habit to turn off gas tanks when not in use.

Familiarize yourself with your place of work and residence.

Identify relatively strong parts of the building like door jambs, near elevator shafts, sturdy tables, where you can take refuge during an earthquake.

Learn to use fire extinguishers, first aid kits, alarms and emergency exits. These should be accessible, conveniently located and prominently marked.

Most causes of injuries during earthquakes are from falling objects.

Heavy materials should be kept in lower shelves.

Check the stability of hanging objects which may break loose and fall during earthquakes.

Prepare and maintain an earthquake survival kit consisting of a battery-powered radio, flashlight, first aid kit, potable water, candies, ready-to-eat food, whistle and dust mask.

DURING

If you are inside a structurally sound building, stay there!

Protect your body from falling debris by bracing yourself in a doorway or by getting under a sturdy table or desk.

If you are outside, move to an open area.

Get away from power lines, posts, walls and other structures that may fall or collapse.

Stay away from buildings with glass panes.

When driving a vehicle, pull to the side of the road and stop.

Do not attempt to cross bridges or overpasses which may have been damaged.

If you are on a mountain or near a steep hillside, move away from steep escarpments that may be affected by landslides.

If you are along the shore and you feel a very strong earthquake, strong enough to make standing difficult, it is always safest to assume that a tsunami (giant sea waves) has been triggered. Run away from the shore toward higher ground.

AFTER

If you are inside an old structure, take the fastest and safest way out!

Do not rush to the exit; get out calmly in an orderly manner.

Do not use elevators, use the stairs.

Check yourself and others for injuries.

Unless you need emergency help:

Do not use your telephone to call relatives and friends. Disaster prevention authorities may need the lines for emergency communications.

Do not use your car and drive around areas of damage. Rescue and relief operations need the road for mobility.

Help reduce the casualties from the earthquake:

Don’t enter partially damaged buildings. Strong aftershocks may cause them to collapse.

Gather information and disaster prevention instructions from battery-operated radios.

Obey public safety precautions.

Check your surroundings

Clean up chemical spills, toxic and flammable materials to avoid any chain of unwanted events. Check for fire and if any, have it controlled.

Check your water and electrical lines for defects. If any damage is suspected, turn the system off in the main valve or switch.

If you must evacuate your residence, leave a message stating where you are going.

Take with you your earthquake survival kit, which should contain all necessary items for your protection and comfort.

http://images.gmanews.tv/html/earthquake.htm

2011-03-17T16:49:00.000-07:00

Midnight sun

The midnight sun is a natural phenomenon occurring in summer months at latitudes north and nearby to the south of the Arctic Circle, and south and nearby to the north of the Antarctic Circle where the sun remains visible at the local midnight. Given fair weather, the sun is visible for a continuous 24 hours, mostly north of the Arctic Circle and south of the Antarctic Circle. The number of days per year with potential midnight sun increases the farther poleward one goes.
There are no permanent human settlements south of the Antarctic Circle, so the countries and territories whose populations experience it are limited to the ones crossed by the Arctic Circle, e.g.. Canada (Yukon, Northwest Territories, and Nunavut), United States of America (Alaska), Denmark (Greenland), Norway, Sweden, Finland, Russia, and extremities of Iceland. A quarter of Finland's territory lies north of the Arctic Circle and at the country's northernmost point the sun does not set for 73 days during summer. In Svalbard, Norway, the northernmost inhabited region of Europe, there is no sunset from approximately 19 April to 23 August. The extreme sites are the poles where the sun can be continuously visible for a half year.

The opposite phenomenon, polar night, occurs in winter when the sun stays below the horizon throughout the day.
Since the Earth's axis is tilted with respect to the ecliptic by approximately 23 degrees 27 minutes, the sun does not set at high latitudes in (local) summer. The duration of the midnight sun increases from one day during the summer solstice at the polar circle to approximately six months at the poles. At extreme latitudes, it is usually referred to as polar day. The length of the time the sun is above the horizon varies from couple of days at the Arctic Circle and Antarctic Circle to 186 days at the poles.
At the poles themselves, the sun only rises once and sets once, each year. During the six months when the sun is above the horizon at the poles, the sun spends the days constantly moving around the horizon, reaching its highest circuit of the sky at the summer solstice.
Due to refraction, the midnight sun may be experienced at latitudes slightly below the polar circle, though not exceeding one degree (depending on local conditions). For example, it is possible to experience the midnight sun in Iceland, even though most of it (Grímsey being a notable exception) is slightly south of the Arctic Circle. Even the northern extremities of Scotland (and those places on similar latitudes) experience a permanent "dusk" or glare in the northern skies at these times.

Time zones and daylight saving time

For purposes of this article, the term "midnight sun" refers to the phenomena of 24 consecutive hours of sunlight north of the Arctic Circle or south of the Antarctic Circle. There are, however, some instances which are sometimes referred to as "midnight sun", even though they are in reality due to meandering time zones and the observance of daylight saving time. For instance, in Fairbanks, Alaska, which is located south of the Arctic Circle, the sun sets at 12:47 a.m. on the Summer Solstice. This is because Fairbanks is one hour ahead of its idealized time zone (due to meandering for the purpose of keeping most of the state on one time zone) and because the state of Alaska observes daylight saving time. This means that solar culmination occurs at roughly 2 p.m. instead of at 12 noon, as in most places. Conversely, astronomical midnight occurs at 2 a.m. In Bethel, which is further south than Anchorage, the sun sets on the Summer Solstice at 12:24 a.m. for the same reasons. These examples are not true midnight sun phenomena, however, since the sun is below the horizon on every day of the year at the local astronomical midnight.
White Nights
Locations above 60 degrees latitude that is south of the Arctic Circle or north of the Antarctic Circle experience midnight twilight instead. The sun is at the horizon to 6 degrees below the horizon, so that daytime activities, such as reading, are still possible without artificial light, if it is not cloudy.
White Nights have become a common symbol of Saint Petersburg, Russia, where they occur from about 11 June to 2 July, and the last 10 days of June are celebrated with cultural events.

When to see the midnight sun

According to Visit Norway the midnight sun is visible at the Arctic Circle from June 12 until July 1. The further north one goes the longer this period extends.
At North Cape, Norway, known as the northernmost point of Continental Europe this period extends approximately from May 14 to July 29. On the Svalbard archipelago further north this period extends from April 20 to August 22.
Effect on people
Many find it difficult to fall asleep during the night when the sun is shining. In general, visitors and newcomers are most affected. Some natives are also affected, but in general to a lesser degree. The effect of the midnight sun, that is, not experiencing night for long durations of time, is said to cause hypomania, which is characterized by persistent and pervasive elevated or irritable mood.
ADHD symptoms could be caused by this, changing attention spans for people that have to rush through the little daylight at night and the irritability and hyperactivity of continuous sunlight.
The midnight sun also poses special challenges to religious people such as Jewish people who have religious rites based around the 24 hour day/night cycle. In the Jewish community this has given rise to a body of Jewish law in the Polar Regions, which attempts to deal with the special challenges of adhering to the Mitzvah in such conditions.

http://en.wikipedia.org/wiki/Midnight_sun

2011-03-17T16:24:00.000-07:00

Supermoon

In astrology, a supermoon is a full or new moon that coincides with a close approach by the Moon to the Earth. The Moon's distance varies each month between approximately 354,000 km (220,000 mi) and 410,000 km (254,000 mi).

Definition

The term supermoon was coined by astrologer Richard Nolle in 1979, defined as
“ ...a new or full moon which occurs with the Moon at or near (within 90% of) its closest approach to Earth in a given orbit (perigee). In short, Earth, Moon and Sun are all in a line, with Moon in its nearest approach to Earth. ”
The term supermoon is not widely accepted or used within the astronomy or scientific community, who prefer the term perigee-syzygy.

Effect on tides

The combined effect of the Sun and Moon on Earth's oceans, the tide, is greatest when the Moon is new or full. Full Moons during lunar perigees (such as in the case of supermoons) exert an even stronger tidal force, resulting in more extreme high and low tides, but even at their most powerful this force is still considerably weak.

Link to natural disasters

Speculations of a link between the occurrence of supermoons and natural disasters such as earthquakes and tsunami are extremely tenuous. Arguments have been made that natural disasters coinciding with years in which supermoons occurred were influenced by the Moon's increased gravitational strength, though because of the monthly alternation between lunar apogee and perigee such an argument cannot be supported unless the disaster in question falls on the actual date of the supermoon.
It has been argued that the Indian Ocean tsunami and earthquake on December 26, 2004, was influenced by a supermoon which occurred 2 weeks later on January 10, 2005. However two weeks before a supermoon the Moon is at the opposite point in its orbit: its apogee (greatest distance). Thus a supermoon effect is impossible.
Most recently, astrologers argued that the Tōhoku earthquake and tsunami that hit Japan on March 11, 2011, was influenced by the March 19 supermoon, the closest supermoon since 1992. The problem with this claim is that on March 11 the Moon was actually closer to apogee than perigee, at approximately 400,000 km (240,000 mi) from the Earth, which is further than the average distance between the Moon and the Earth throughout the Moon's orbital cycle.
While some studies have reported a weak correlation between shallow, very low intensity earthquakes and lunar activity, there is no empirical evidence of any correlation with major earthquakes.

Dates of supermoons between 1950 and 2050

There are approximately 4-6 supermoons annually. The following is a list of past and predicted extreme supermoons.

• November 10, 1954
• November 20, 1972
• January 8, 1974
• February 26, 1975
• December 2nd, 1990
• January 19, 1992
• March 8, 1993
• January 10, 2005
• December 12, 2008
• January 30, 2010
• March 19, 2011
• November 14, 2016
• January 2nd, 2018
• January 21st, 2023
• November 25, 2034
• January 13, 2036

http://en.wikipedia.org/wiki/Supermoon

2011-03-16T17:04:00.000-07:00

THE PHILIPPINE PUBLIC STORM WARNING SIGNALS

PSWS # 1

METEOROLOGICAL CONDITIONS:

* A tropical cyclone will affect the locality.
* Winds of 30-60 kph may be expected in at least 36 hours or intermittent rains may be expected within 36 hours. (When the tropical cyclone develops very close to the locality a shorter lead time of the occurrence of the winds will be specified in the warning bulletin.)

IMPACT OF THE WINDS:

* Twigs and branches of small trees may be broken.
* Some banana plants may be tilted or downed.
* Some houses of very light materials (nipa and cogon) may be partially unroofed.
* Unless this warning signal is upgraded during the entire existence of the tropical cyclone, only very light or no damage at all may be sustained by the exposed communities.
* Rice crop, however, may suffer significant damage when it is in its flowering stage.

PRECAUTIONARY MEASURES:

* When the tropical cyclone is strong or is intensifying and is moving closer, this signal may be upgraded to the next higher level.
* The waves on coastal waters may gradually develop and become bigger and higher.
* The people are advised to listen to the latest severe weather bulletin issued by PAGASA every six hours. In the meantime, business may be carried out as usual except when flood occur.
* Disaster preparedness is activated to alert status.

PSWS # 2

METEOROLOGICAL CONDITIONS:

* A tropical cyclone will affect the the locality.
* Winds of greater than 60 kph and up to 100 kph may be expected in at least 24 hours.

IMPACT OF THE WINDS:

* Some coconut trees may be tilted with few others broken.
* Few big trees may be uprooted.
* Many banana plants may be downed.
* Rice and corn may be adversely affected.
* Large number of nipa and cogon houses may be partially or totally unroofed.
* Some old galvanized iron roofings may be peeled off.
* In general, the winds may bring light to moderate damage to the exposed communities.

PRECAUTIONARY MEASURES:

* The sea and coastal waters are dangerous to small sea crafts
* Special attention should be given to the latest position, the direction and speed of movement and the intensity of the storm as it may intensify and move towards the locality.
* The general public especially people traveling by sea and air are cautioned to avoid unnecessary risks.
* Outdoor activities of children should be postponed.
* Secure properties before the signal is upgraded.
* Disaster preparedness agencies / organizations are in action to alert their communities.

PSWS # 3

METEOROLOGICAL CONDITIONS:

* A tropical cyclone will affect the locality.
* Winds of greater than 100 kph up to 185 kph may be expected in at least 18 hours.

IMPACT OF THE WINDS:

* Many coconut trees may be broken or destroyed.
* Almost all banana plants may be downed and a large number of trees may be uprooted.
* Rice and corn crops may suffer heavy losses.
* Majority of all nipa and cogon houses may be unroofed or destroyed and there may be considerable damage to structures of light to medium construction.
* There may be widespread disruption of electrical power and communication services.
* In general, moderate to heavy damage may be experienced, particularly in the agricultural and industrial sectors.

PRECAUTIONARY MEASURES:

* The disturbance is dangerous to the communities threatened/affected.
* The sea and coastal waters will be very dangerous to all seacrafts.
* Travel is very risky especially by sea and air.
* People are advised to seek shelter in strong buildings, evacuate low-lying areas and to stay away from the coasts and river banks.
* Watch out for the passage of the "eye" of the typhoon indicated by a sudden occurrence of fair weather immediately after very bad weather with very strong winds coming gnerally from the north.
* When the "eye" of the typhoon hit the community do not venture away from the safe shelter because after one to two hours the worst weather will resume with the very strong winds coming from the south.
* Classes in all levels should be suspended and children should stay in the safety of strong buildings.
* Disaster preparedness and response agencies/organizations are in action with appropriate response to actual emergency.

PSWS # 4

METEOROLOGICAL CONDITIONS:

* A very intense typhoon will affect the locality.
* Very strong winds of more than 185 kph may be expected in at least 12 hours.

IMPACT OF THE WINDS:

* Coconut plantation may suffer extensive damage.
* Many large trees may be uprooted.
* Rice and corn plantation may suffer severe losses.
* Most residential and institutional buildings of mixed construction may be severely damaged.
* Electrical power distribution and communication services may be severely disrupted.
* In the overall, damage to affected communities can be very heavy.

PRECAUTIONARY MEASURES:

* The situation is potentially very destructive to the community.
* All travels and outdoor activities should be cancelled.
* Evacuation to safer shelters should have been completed since it may be too late under this situation.
* With PSWS #4, the locality is very likely to be hit directly by the eye of the typhoon. As the eye of the typhoon approaches, the weather will continuously worsen with the winds increasing to its strongest coming generally from the north. Then a sudden improvement of the weather with light winds (a lull) will be experienced. This means that the eye of the typhoon is over the locality. This improved weather may last for one to two hours depending on the diameter of the eye and the speed of movement. As the eye moves out of the locality, the worst weather experienced before the lull will suddenly commence. This time the very strong winds will come generally from the south.
* The disaster coordinating councils concerned and other disaster response organizations are now fully responding to emergencies and in full readiness to immediately respond to possible calamity.

FOOTNOTES: Important to note that when any Public Storm Warning Signal Number is hoisted or put in effect for the first time, the corresponding meteorological conditions are not yet prevailing over the locality. This is because the purpose of the signal is to warn the impending occurrence of the given meteorological conditions. It must be noted also that the approximate lead time to expect the range of the wind speeds given for each signal number is valid only when the signal number is put in effect for the first time. Thus, the associated meteorological conditions are still expected in at least 36 hours when PSWS #1 is put in effect initially; in at least 24 hours with PSWS #2; in at least 18 hours with PSWS #3; and in at least 12 hours with PSWS #4. The lead time shortens correspondingly in the subsequent issues of the warning bulletin when the signal number remains in effect as the tropical cyclone comes closer.

It is also important to remember that tropical cyclones are constantly in motion; generally towards the Philippines when PAGASA is issuing the warning. Therefore, the Public Storm Warning Signal Number over a threatened/ affected locality may be sequentially upgraded or downgraded. This means that PSWS #1 may be be upgraded to PSWS #2, then to PSWS #3 and to PSWS #4 as necessary when a very intense typhoon is approaching or downgraded when the typhoon is moving away. However, in case of rapid improvement of the weather condition due to the considerable weakening or acceleration of speed of movement of the tropical cyclone moving away from the country, the downgrading of signal may jump one signal level. For example, PSWS #3 may be downgraded to PSWS #1 or all signals from PSWS #2 may be lowered.

The delineation of areas for a given signal number is based on the intensity, size of circulation and the forecast direction and speed of movement of the tropical storm or typhoon at the time of issue of the warning bulletin. The change in intensity, size of circulation or movement of the tropical cyclone also determines the change in the PSWS number over a given locality.

http://kidlat.pagasa.dost.gov.ph/genmet/psws.html

2011-03-16T16:37:00.000-07:00

Earthquake Drills Do's And Don'ts

SF Gate

DURING THE QUAKE

Indoors

* Stay inside
* DROP, COVER, AND HOLD ON! Move only a few steps to a nearby safe place. Take cover under and hold onto a piece of heavy furniture or stand against an inside wall. Stay indoors until the shaking stops and you're sure it's safe to exit. Stay away from windows and doors.
* **Never take an elevator
* If you are in bed, hold on, stay there, protect your head with a pillow.

Outdoors

* Find a clear spot away from buildings, trees, and power lines.
* Drop to the ground until the shaking stops.

In A Car

* Slow down and drive to a clear place (as described above).
* Turn on emergency flashers on and slow to a stop. Do not stop on overpasses, underpasses, or bridges. Be careful of overhead hazards such as power lines or falling building debris.
* Turn off the ignition and set the parking brake.
* Stay inside the car until the shaking stops.

PETS: During and after

* Don't try to hold your pet during a quake. Animals instinctively want to hide when their safety is threatened. If you get in their way, even the nicest pets may hurt you.
* Watch animals closely. Leash dogs and place them in a fenced yard.
* Pets may not be allowed into shelters for health and space reasons. Prepare an emergency pen for pets in the home that includes a 3-day supply of dry food and a large container of water.
* If you can't find your pet or must leave it at home after a quake, leave fresh water in nonspill containers such as bathtubs and sinks. Leave plenty of low-fat dry food, which deteriorates more slowly and is less tasty so pets won't try to eat it all at once. Leave a note indicating that you have a pet, where you will be and the date.

AFTER THE QUAKE

Personal Safety

* Expect aftershocks. Each time you feel one, DROP, COVER, AND HOLD ON!
* Check yourself for injuries. Protect yourself by wearing long pants, a long-sleeved shirt, sturdy shoes and work gloves.
* Listen to a battery-operated radio or television for the latest emergency information.
* Check others for injuries. Give first aid where appropriate. Do not move seriously injured persons unless they are in immediate danger of further injury.
* Remember to help your neighbors who may require special assistance--infants, the elderly, and people with disabilities.

Home

* Inspect your home for damage. Get everyone out if your home is unsafe.
* Telephone: Use the telephone only for emergencies. Check to make sure the receiver has not been shaken off the hook and is tying up the line.
* Fires: Look for and extinguish small fires.
* Gas: Check for gas leaks. If you smell gas or hear blowing or hissing noise, open a window and leave building. Turn off the gas at the outside main valve if you can and call the gas company.
* **Remember, only a professional can turn the gas back on.
* Electricity: Look for electrical system damage. Turn off the electricity at the main fuse box or circuit breaker if you see sparks or broken or frayed wires, or if smell hot insulation. If you have to step in water to get to the fuse box or circuit breaker, call an electrician first for advice.
* Sewage, Water: Check for sewage and water lines damage. If you suspect sewage lines are damaged, avoid using the toilets and contact a plumber. If water pipes are damaged, contact the water company and avoid using water from the tap.

SOURCE: American Red Cross, FEMA, SF Fire Department, SF Chronicle

Read more: http://www.sfgate.com/cgi-bin/article.cgi?f=/earthquakes/archive/quakedrill.dtl#ixzz1Gsa2lxH2

2011-03-14T17:01:00.000-07:00

Scientists Say Earthquake Caused Shift in Earth's Axis

Vanessa Evans – Sun Mar 13, 5:44 pm ET

It appears the 8.9 earthquake that shook Japan on Friday as well as causing massive damage and loss of life in that nation, also had some global implications as well. Multiple scientific reports started surfacing in the aftermath of the quake that estimate that the actual rotation of the Earth may have been affected, as well as Japan's physical position and other global phenomena.
The scientific community takes an intense interest in natural disasters like the Japanese earthquake because monitoring the action both during and after the event can provide huge clues as to how the Earth itself is constructed and moves.
There have been several developments in scientific understanding of the Japanese earthquake in the last couple of days.
* Although the largest earthquake recorded on Friday was the massive 8.9 quake that caused the vast majority of the damage, there have been hundreds of aftershocks, some of which reached magnitude 6 strength, according to the U.S. Geological Survey.
* Any number of those aftershocks were as large as the earthquake that shook Christchurch, New Zealand, late last month.
* Geophysicist Richard Gross of NASA's Jet Propulsion Laboratory in California, has estimated that the Japanese earthquake shortened the Earth's day by 1.8 microseconds. Gross also said that the axis of the Earth probably shifted about 6.5 inches, which affects how it rotates, but not its position or movement in space.
* The Japanese Meteorological Agency has actually upgraded the earthquake to a magnitude of 9.0, although other global agencies have yet to follow suit. The U.S. Geological Survey's Susan Hough maintained that great quakes are harder to measure and that a difference of .1 magnitude in initial strength estimates is not unusual.
* The U.S. Geological Survey initially estimated that Japan as a whole has physically moved by approximately 8 feet, but other scientists around the globe have estimated that some parts of the country may actually have moved as much as 12 feet closer to North America. In addition, parts of the country's terrain are not permanently under sea level, which will make it difficult for the flooding caused by the tsunami to drain.
* The tsunami that followed the earthquake was caused when the Pacific Plate shifted, actually moving under Japan at the Japan Trench. This caused additional tremors and the devastating wave that crashed into the nation's east coast.
* The loss of 1.8 microseconds as a result of the shift in the Earth's axis is unlikely to cause more than minute changes, but among those changes will actually be differences in the passing of the seasons. This will only be observable using satellite navigation systems with very precise monitoring equipment.
* The shift of the Earth's axis and loss of time is similar to that experienced after the Chilean earthquake last year, which sped up the Earth's rotation and resulted in the loss of 1.26 microseconds.

Reference: http://news.yahoo.com/

Phillipine Fault Zone

2011-03-14T15:31:00.001-07:00

Philippine Fault Zone one of world’s longest at 1,200 km
By Alcuin Papa, Philippine Daily Inquirer

(http://www.palawan.com/articles.php?article_id=215)

APART from the profusion of spectacular landscapes and seascapes that has made it the favorite of many travelers, it would seem that the paradise island of Palawan also offers the safest haven for those fearful of a Haiti-like tremor occurring in the country.

Compared to other parts of the Philippines, Palawan is “relatively stable” geologically, according to Mahar Lagmay, a professor of the University of the Philippines National Institute of Geological Sciences (UP-NIGS).

“There are hardly any earthquakes in Palawan and certainly none strong enough to cause major damage. The whole island is probably the most stable area of land in the country,” Lagmay said.

An expert on earthquake faults, Lagmay has constructed a map of earthquake epicenters which he plotted using information from the United States Geological Survey (USGS) from 1929 to 2009.

Lagmay said there were hardly any active faults under the island compared to the rest of the country. (A fault or fault line is a fracture in the rock within the earth’s crust that is the causal location of most earthquakes.)

Continental, not oceanic, rock

While Palawan does have fault lines, these are “old” and experts are still debating whether these fault lines are active or not, Lagmay said.

For instance, there is an ongoing and heated debate on whether the Ulugan Bay fault near the famed Palawan Underground River is active, Lagmay said.

Lagmay believes Palawan is stable largely because the island was once part of continental Asia which separated around 100 million years ago and drifted toward the Philippines.

“The rock of the island is continental and different from other parts of the country, which is made of oceanic rock,” he said.

Hence, the crust of the island is thicker at 30 kilometers, compared to the oceanic rock’s 12 km, having derived from the Pacific seabed.

“The crust of the island is thicker and older and, therefore, not as prone to earthquakes,” said Lagmay.

No major faults

The island is also not bordered by any major trench or fault line, he said.

“The South China Sea area is more stable tectonically. Combined with the continental material, there is little chance for the development of active faults in Palawan,” he said.

Also, the movement of the ground in the South China Sea is not as fast as the eastern side of Luzon, which is moving toward the Asian mainland at the rate of 7 centimeters a year, and the eastern side of Mindanao, which is moving toward the Asian mainland at 10 cm a year.

“Because of the slow movement, there is no compression of forces in the island,” Lagmay said.

On the other hand, large parts of the Philippine archipelago are sandwiched between two trenches, the Manila Trench in the west and the Philippine Trench in the east.

“Movements in these trenches generate stress in the faults. That is why there are so many earthquakes in the mainland [Philippines],” he said.

“If you ask me where I would build a house in the country, I’d say Palawan,” he said.

Longest fault system

According to Lagmay, the Philippines is encased in an intricate network of trenches and faults that is one of the most, if not the most complex in the world in terms of tectonics and geology.

The centerpiece of the country’s fault system is the Philippine Fault Zone (PFZ) which is one of the longest in the world at around 1,200 km.

The PFZ starts in Aparri and snakes past the Cordilleras, passing through Nueva Ecija, down to Quezon and the Bondoc Peninsula into Leyte, and from there skipping into northern Mindanao to the southern end of the island into Davao.

The PFZ, Lagmay explained, is a left-lateral strike slip fault. This means that if you were to put one foot on one side of the fault and the other foot on the other side of the fault, the left side of the fault would be moving toward you while the right side would be moving away from you. Also, the right side, or block, would be more advanced than the left block.

A strike-slip fault means the two blocks are moving against each other horizontally.

Lagmay explained that the length of the fault is related to its capacity to generate a large- magnitude earthquake.

“The larger the fault, the greater its potential to produce a strong earthquake,” he said.

In 1990, the PFZ generated a 7.9-magnitude quake that shook Metro Manila and Luzon.

Underwater trenches

Other earthquake fault lines are the trenches running underwater on the western and eastern sides of the country.

There is the Manila Trench on the west of the country which runs from the Batanes islands, curving through the waters off the Ilocos region, Pangasinan, Zambales and into Mindoro island.

According to the Philippine Institute of Volcanology and Seismology (Phivolcs), movement in the Manila Trench caused the Jan. 12 magnitude 5.2 earthquake near Olongapo City that was felt in Metro Manila.

There is also the longer Philippine Trench located underwater east of the country. It runs roughly from waters off Aurora down to Samar, and past Mindanao.

Other underwater trenches in the country include the East Luzon Trough, the Negros Trench that is connected to the Sulu Trench, and the Cotabato Trench.

Smaller faults

In addition, there are also the smaller faults. Notable of the smaller fault lines is the Valley Fault System, also known as the Western Marikina Valley Fault System, which is nearest to Metro Manila.

According to Lagmay, Metro Manila was damaged heavily six times in the last 400 years by earthquakes. But the source of these earthquakes is uncertain.

A study by the USGS and the Phivolcs in 2000 showed that the Valley Fault experienced four large surface rupture events since 600 AD, occurring over a period separated by between 200 and 400 years. The study also said the last fault event in the Valley Fault occurred in the past 200 years.

Lagmay said the Valley Fault is capable of generating an earthquake with a magnitude of between 6 and 7.

Luzon, Mindanao faults

Besides the Valley Fault system, other faults in Luzon include the West Ilocos Fault System, the Dummon River Fault System in Cagayan, the East Zambales Fault, the Iba Fault and the Lubang Fault.

Fault systems in the Visayas include the West Panay Fault, the Southern Samar Lineament, the Central Negros Fault, the Cebu Lineament and the East Bohol Fault.

In Mindanao, there is the Mindanao Fault, the Lanao Fault System, the Davao River Fault, the Central Mindanao Fault and the Tangbulan Fault.

The result of all these faults is that between 5,000 and 7,000 earthquakes occur in the country each year, or an average of between 200 and 250 quakes a day, according to Phivolcs. But most of these earthquakes are not felt. Last year, Phivolcs tallied around 210 earthquakes in the country.

“As we are talking right now, there is a small earthquake occurring somewhere in the country,” Lagmay said.