EXPLANATORY NOTE
Since the  creation  of what  is  known  as  the  Department of  Education  (DepEd),  the
procurement  of  textbooks  for  elementary  and  secondary  public  schools  has  been  highly
centralized  and  was  entrusted  to  one  single  office,   i.e.  The  Property  and  Procurement
Division.
This highly centralized  procurement of books has  resulted  in the delay of delivery of
books  to  the  provinces,  cities  or  municipalities,   particularly  those  in  the  far-flung  areas.
Also,  there  are  reports  that  books  and  other  educational  materials  were  left  stocked  in
warehouses to deteriorate instead of being used by our elementary and secondary students.
Moreover,  centralized  procurement has  resulted  in the purchase of books not adaptable or
suited to the region or province.
It   must   be   stressed   that   a   centralized   procurement   of   textbooks   and   other
educational  materials  js  highly susceptible to abuse  by scrupulous  publishers.   This  in  turn
could result in a monopoly to the detriment of small and medium publishers particularly those
in the regions,  provinces, cities, or municipalities.
F`.A,.  No.  8047  or I:he  Book  Publishing  Industry  Development  Act was  enacted  on
June  7,   1995.    This  law  intended  the  provisions  on  the  regionalization  of  the  printing  of
public,  elementary and  secondary school  textbooks.    Unfortunately,  eleven  (11) years after
the passage of the law, the DepEd failed to implement the same for reasons of lack of clear
enabling law and mechanisms.
Along this light, this bill seeks among others to:
a)   Decentralize  the  textbook  procurement  program  of  the  DepEd   by  creating  a
Division  Textbook  Procurement Services  Unit  (DTPSU)  in  all  provincial  and  city
division  offices  including  those  in  the  Autonomous  Region  ln  Muslim  Mindanao
(ARMM).
b)   Decentralize Textbook Printing
With  the  enactment  of  this  bill  the  desired  ratio  of  1:1  or  1   book  per  student  per
subject area will be achieved, and that books as well as other required instructional materials
would reach the elementary and secondary students on time.
Finally,  with  the  immediate  enactment of this  bill,  it  is  also  hoped  that the  required
textbooks  would  not only  be  delivered  without  delay  but will  likewise  meet the  standard  of
quality required and pertinent to each region.
In view thereof, approval of this bill is urgently sought.


NINETEENTH CONGRESS                  )
REPUBLIC OF THE PHILIPPINES    )
First Regular session                            )
HOUSE OF REPRESENTATIVES
_                            Introduced by Representative Rufus B. Rodriguez                                    ____
Hous.e Bill`No.  5374
AN ACT
DECENTRALIZING      THE      TEXTBOOK      PROCUREMENT      PROGRAM      OF      THE
DEPARTMENT    OF    EDUCATION    (DepEd)    BY    CREATING    A    DIVISION    CALLED
TEXTBOOK PROCUREMENT SERVICES UNIT (DTPSU) lN ALL PROVINCIAL AND CITY
DIVISION  OFFICES  INCLUDING  THOSE  IN  THE  AUTONOMOUS  REGloN  IN  MUSLIM
MINDANAO  (ARIVIIvl)  REPEALING  FOR THE  PURPOSE  SECTION  10  0F  R.A.  NO.  8047
OTHERWISE KNOWN AS THE BOOK PUBLISHING INDUSTRY DEVELOPMENT ACT
B.e it epectpd by the Senate and  House of Representatives of the Philippines in Congress
Assembled:
S_ECTION  1.  Pecentralization  of the  Textbook  Procurement  Program.-The Textoock
Procurement  Program  of the  Department  of  Education  (DepED)  shall  be  decentralized  by
establishing   Division   Textbook   Procurement  Services   Unit  (DTPSU)   in   every  provincial
and/or  city  division  office  of the  department  including  those  in  the  Autonomous  Region  in
Muslim Mindanao (ARMM).
SEC. 2. Pre-Procurement Procedures-Textbook Development, Evaluation and Selection.
The     Offices/Bureaus     concerned     shall     exercise     the     following     duties     and
responsibilities:
A.          The  Bureau  of  Elementary  and  secondary  Education,  (BEE/BSE)  shall,  in
coordination  and with the assistance of the  National  Book  Development Board  (NBDB) and
the IMCS,  perform the following:
i.     Preparation of the minimum learning competencies and writing briefs;
ii.    The BEE shall prepare the Philippine Elementary Learning Competencies
(PELC)  and  the   Philippine  Secondary  School   Learning   Competencies
(PSSLC); and
iii.   The  NBDB/lMCS shall disseminate copies of the PELC and  PSSLC to all
provincial and city division offices, as well as to publishers/companies duly
registered with that agency.
8.           The provincial/City Division offices shall undertake the following:
a.   Guided by the PELC/PSSLC, evaluate and select the most adequate and
relevant       textbooks       among       those       submitted       by       interested
publishers/companies;
b.    Dissemination  to  each  school  of the  list of duly evaluated  textbooks  and
instructional  materials from among which the end-user school  may select
the titles to be requisitioned;


c.    Provision  of funds for the  purpose  and  effect  payment of textbooks  and
other books procured.
SEC.  3.    777e  Procurement Procedures.- The  Provincial  Division  Offices  (PDOs)  and/or
City Division Offices CDOs through the respective DTPSUs shall:
i.    Gather    Requisition    and    Issue    Slips    (RIS)    from    the    schools    and
consolidated the titles needed;
ii.    Preparation  of  purchase  orders  to  effect  the  procurement  of  the  titles
mostly requested/requisitioned by District Supervisors or School Heads.
iii.    Accomplishment of the Purchase Order (PO) up to availability of funds.
iv.    Preparation of allocation and assistance in the delivery of the textbooks to
schools.
SEC.  4.  Decenfra/i.zafi.on  of rex(book  Pry.r]fr.ng.- The  printing  of  public  elementary  and
secondary textbooks shall be done on a regional basis and whenever economically feasible
by congressional district or province.
SEC. 5. «u/fi.p/e Adopt/.on.-The DepEd shall ensure that the policy of multiple adoption of
textbooks be implemented to encourage the free flow of information and the deregulation of
book publishing.
SEC. 6. Compos/.fi.on of the DTPSU.-The DTPSU shall be headed by the Schools Division
Superintendent (SDS) or his/her authorized  representative with  the following  as  members;
Supply  Officer,  Area  Supervisor  Concerned,  Fiscal/Finance  Chief,  Representative  District
Supervisor or Head of biggest school.
SEC.  7.    Approprt.afi.ons.-  The  Secretary  of  Education  and  the  Regional  Secretary  of
Education of the ARMM shall  immediately include in their respective agency's programs the
establishment  and  operation  of the  DTPSUs,  the  initial  funding  of which  shall  be  charged
against    their    current    year's    appropriations    and    thereafter    in    the    annual    General
Appropriations Act.
Likewise, the Secretary of Education and the Secretary of the ARMM shall include in
their respective agency's Annual  Budget Appropriations the amount for the  procurement of
textbooks  and  other  instructional   materials  based  on  the  annual  textbook  procurement
program/s submitted by each division.
S_EC.  .8.  Fu.n.ctio_n  o_f _the  Office  of  the  Secretary  Of  the  DepEd.-The  Offlice  Of  the
Secretary of the DepEd shall monitor the operation of the DTPSUs with respect to the quality
of services of participating  private  publishers  as well  as the  utilization  of funds allocated  to
the respective DTPSUs.
SIC. 9. Functions Of the Regional Office and the Office Of the Secretary Of DepEd.-
A.   The  Regional  Office shall  see to  it that there  is equality in the  implementation of
education  for  all  through  the  proper  distribution  and  utilization  of  textbooks  in
schools.
8.   The Office of the Secretary shall:


a.    Work   for   the   inclusion   of   appropriations   for   textbooks   and   other
instructional materials in the General Appropriations Act (GAA) and their
release to Division Office concerned.
b.    Monitor  the   submission   of  liquidation   reports  for  amounts  spent  for
textbooks.
SEC.  10.    Pena/ C/ause.    Any  person  who  willfully violates  or cause  the  violation  of any
provision  of  this  Act  shall,  upon  conviction,  be  penalized  with  a  fine  of Twenty  thousand
pesos  (P20,000.00) and/or imprisonment of not less  than  three  months  but  not  more than
one year or both depending upon the discretion of the court.
SEC.    11.   Separab/./i.fy   C/ause.    If   any   provision,   or   part   hereof   is   held   invalid   or
unconstitutional,  the  remainder  of  the  law  or  the  provision  not  otherwise  affected  shall
remain valid and subsisting.
SEC.12.   Repea//.ng C/ause.  Section of 10  R.A.  No.  8047,  otherwise known as the "Book
Pub//.shi.ng  /ndustry Deve/apmenf Act" is  hereby  repealed.    All  other  laws,  decrees,  rules,
regulatory and other administrative issuances or provisions thereof, which are contrary to or
inconsistent herewith are hereby repealed or modified accordingly.
SEC.13.   Effecfiv/.fy C/ause.   This Act shall take effect fifteen (15) days after its publication
in the Off/.a/.a/ Gazette or in a newspaper of general circulation.
Approved,