Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

FIFTEENTH CONGRESS
First Regular Session

HOUSE BILL No. _ 2963

Introduced by Honorable Anna York P. Bondoc, MD

EXPLANATORY NOTE

The critical years in a child's life are from birth to six years of age. An
issuance by the Department of Education as early as 1989 puts it most accurately:

“During these critical years, basic character, values, abilities,
personality, skills, attitudes and knowledge are formed. These
qualities when properly developed shape the individual's overall
perspective and preparedness for life. It has been confirmed by
studies that the experiences and the learning that preschool
children undergo during the first six years of their life have a lasting
effect on their intellectual development as well as on the
development of their social and physical skills.” (DECS Order No.
107 S. 1989)

Notwithstanding its acknowledged importance in early childhood
development, preschool is not considered part of the formal educational ladder. At
best, it is casually subsumed by the Education Act of 1982 under the umbrella of
Elementary Education, the first stage of compulsory, formal education primarily
concerned with providing basic education.

As the government cannot afford to operate and maintain preschools
throughout the country, private sector participation steps in to fill this void. While
preschool education is not a required component of the formal education
structure, a considerable number of facilities offering preschool services, legitimate
or otherwise has been established. The growing number of preschool gives rise to a
number of substantial concerns - the quality of preschool education offered, its
rising cost, and the safety of children at the premises of preschool facilities, among
others.

Despite the issuance by the Department of Education of several orders
prescribing standards for the establishment of preschools, there remains no
established system governing and regulating preschool education in the country,
prescribing strict standards for the establishment and operation of preschool, and
penalizing failure to observe the required standards for maintaining a preschool.
Absent the necessary systems and safeguards to promote quality preschool
education, to ensure the safety of children within preschool premises, and to
temper the rising cost of preschool education, the standards prescribed by the
Department of Education for the organization and operation of preschools are at
best discretionary.

In view of the foregoing, the approval of this bill is highly and earnestly

recommended.
ANNA YO! ”. BO! , MD

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Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

FIFTEENTH CONGRESS
First Regular Session

2963

HOUSE BILL NO.

Introduced by Honorable Anna York P. Bondoc, MD

AN ACT
GOVERNING THE SYSTEM OF PRESCHOOL EDUCATION BY PRESCRIBING
STANDARDS AND REGULATIONS OF PRESCHOOL FACILITIES AND
SERVICES

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

Chapter I
TITLE AND DECLARATION OF POLICY

SECTION 1. Short Title. This Act shall be known as “Governance in Preschool
Education Act.”

SEC. 2. Declaration of Policy. It is hereby declared the policy of the State to
uphold the vital role of children in nation-building by instituting measures that
shall promote and protect their physical, moral, spiritual, intellectual and
social well-being.

‘The State recognizes the importance of early childhood development and the
role it plays in achieving the country’s educational goals and objectives. The
State further recognizes that preschool education is a fundamental component
of early childhood development and is a necessary means to ensure that a
child, one of the most important assets of the nation, acquires the essential
educational foundation for his/her development and to attain his/her fullest
potential as a human being.

The State commits to uphold the rights of children to access quality education
and assistance, including proper care and nutrition, and special protection
from all forms of neglect, abuse, cruelty and exploitation, and other conditions
prejudicial to their development. As such, the State shall promote and
safeguard the welfare of children and uphold their best interests by
encouraging the establishment of quality preschool education through the
definition of standards for the organization and operation of preschool facilities
and services in the country.

SEC. 3. Definition of Terms. The terms used in this Act are defined as follows:

(a) Child abuse ~ refers to the acts described in Section 3(b) of Republic Act
No. 7610, or the Special Protection of Children Against Abuse,
Exploitation and Discrimination Act, and all other forms of abuse and
neglect referred to in the same law;

(b] Department - refers to the Department of Education;


(c) Mother tongue — refers to the language or languages first learned by a
child which he/she identifies with or is identified as a native speaker of,
by others, or which he/she knows best and uses most;

(d) Owner ~ refers to the person, natural or juridical, who owns, operates or
stands as the proprietor of a preschool, whether or not a permit to
operate the same has already been granted him/her. The owner may be
the operator or proprietor of existing educational institutions that may be
offering elementary, secondary and/or post-secondary education;

(ec) Preschool institution - refers to pre-elementary facilities or services,
including but not limited to early learning centers, _ nurseries,
kindergarten schools, playgroups and similar facilities that primarily
provide educational services for preschool children;

(f) Preschool children - refers to children five (5) years old and below who
qualify for admission and enrolment in preschool facilities or services
offering preschool education;

(g) Preschool personnel — collectively refers to the owner, director, teachers
and para-professionals working in a preschool institution.

Chapter II
COVERAGE

SEC. 4. Coverage. This Act shall cover all privately owned preschool
institutions and other private educational institutions providing elementary,
secondary and post-secondary education that also offer preschool services.

A preschool entity or organization contracted by the government as its partner
in the Preschool Service Contracting Scheme (PSCP) of the Department shall
not be covered by this Act when the delivery of educational services are solely
devoted to the implementation of the PSCP.

Chapter III
ESTABLISHMENT AND LICENSING

SEC. 5. Establishment of a Preschool. A private preschool institution shall be
established in accordance with law and its operations shall be subject to prior
authorization of the Department. No preschool institution shall operate
without first applying for a permit to operate and obtaining the same from the
Department.

SEC. 6. Application for a Permit to Operate. The Owner of a preschool
institution shall file the application for a permit to operate a preschool.
He/She shall have the following qualifications:

(a) Possesses a college degree in a discipline allied to education with at
least eighteen (18) units of preschool education course; and

(b) Must not have been convicted of any crime involving child abuse,
sexual abuse or any other crime committed against children.

If the owner of the preschool is a juridical entity, the President of such entity
shall possess the above-prescribed qualifications.

‘The Department has the discretion to impose additional qualifications before a
person may be able to apply for and be granted a permit to operate a preschool.


SEC. 7. Requirements for Application to Operate a Preschool. The Department
shall not issue a permit to operate a preschool unless the following documents
and information are submitted:

(a) A complete application form, which includes a list of all the preschool
personnel, including volunteers and substitutes, and the list of
household members as prescribed in Section 9 herein, if applicable;

(b] Draft preschool curriculum or program to be implemented;

(c) Inspection report showing compliance with all safety rules issued by
the local government unit; :

(d) Certification showing completion of pre-licensing inspections as
prescribed in Section 10 herein;

(ec) Tax Identification Number of the Owner; and

()) Statement of Legal Background

‘The Owner shall sign the application for a permit to operate a preschool under
oath to certify that all its contents and attachments are true and correct.

SEC. 8. Statement of Legal Background. The Owner of the preschool shall
submit a Statement of Legal Background signed under oath by each member of
the preschool personnel, eighteen (18) years old and above. The Statement of
Legal Background shall include all contacts of the preschool personnel with law
enforcers, whether or not such contacts may have resulted to prosecution.

SEC, 9. Disclosure of Household Members. If the preschool is located within a
private residence, the Owner shall submit the names of all household members
eighteen (18) years old and above.

SEC. 10. Pre-Licensing Inspection. After the filing of the application for a
permit to operate, a preschool institution shall be subjected to pre-licensing
inspections before it can be allowed to start its operations.

SEC. 11. Display of Permit. The owner shall, at all times, display the operating
permit, whether provisional or permanent, in a prominent place clearly visible
to the parents and the public.

SEC. 12. Licensed Capacity. The permit shall indicate the licensed capacity to
operate the preschool. A preschool institution shall not exceed its licensed
capacity during the period of effectivity of the granted permit. An increase in
the capacity shall require another application for a new permit to operate.

SEC. 13. Changes in the Permit. If a substantial change in the permit to
operate a preschool is needed, the owner shall submit a new application.

SEC. 14. Operation Without a Permit. The operation of a preschool institution
without authorization, or in violation of the permit granted, is a violation that
may be subject to the penalties provided under Chapter XI of this Act.

SEC. 15. Strict Compliance of Standards. A preschool institution shall be
required to comply with the standards set under this Act and also to that of the
other administrative regulations and orders issued by the Department, under
pain of penalty of the Owner and all other preschool personnel responsible for
non-compliance of these standards.


Chapter IV
PRESCHOOL PROGRAM

SEC. 16. Curriculum Development. The Department shall develop the
curriculum prescribed for preschool education consistent with the universally
accepted norms and standards, including values formation, and to periodically
review such for purposes of upgrading.

Private preschool institutions shall henceforth implement the appropriate
curriculum prescribed by the Department. 7
SEC. 17. Developmentally Appropriate Experiences. The preschool program
shall incorporate the use of developmentally appropriate experiences in
physical development, social development, supportive emotional and social
environment, intellectual and cognitive development, staff-child ratio, language
of learning, and parental involvement. Such programs aim to develop the
preschool children’s intrapersonal and interpersonal skills as well as
enhancing their self-management and independence.

The program shall also include appropriate learning activities and teaching
techniques in accordance with each child’s level of comprehension and
maturation.

SEC. 18. Physical Development Program. The physical development program
shall help develop the gross and fine motor coordination of a child through play
and manipulative activities like games, simple work and those that develop
physical fitness, and through:

(a) Adequate indoor and outdoor space pursuant to Chapter V of this Act;

(b) Developmentally appropriate materials and equipment, in sufficient
quantity to allow choice, and providing supervised time for children to
use large and small muscles to increase their physical skills;

(©) Appropriate guidance while the school children use equipment and
materials that promote their physical growth; and

(4) Developmentally appropriate information about health as an integral
part of program activities.

SEC. 19. Social Development Program. The social development program shall
help develop skills and behaviors pertaining to independence and social
behavior including development of health habits and independence in dressing,
eating, sleeping and toileting, relating with teachers, peers and other people
through group play and/or interaction. It also deals with the development of
ability to follow rules and routines.

The program shall likewise promote the development of social skills and social
interactions by providing positive guidance with clear and consistent rules
presented in developmentally appropriate ways such as positive adult and peer
role models, focusing on the level of the child.

SEC. 20. Supportive Emotional and Social Environment Program. The
supportive emotional and social environment program shall promote affective
development through experiences that help preschool children develop love for
self, others and the community. The program shall provide a supportive social
and emotional climate that:

(a) Enhances the preschool children’s understanding of themselves as

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individuals, and in relation to others, by providing for individual, small
group, and large group activities;

(b]_ Gives preschool children many opportunities for success through
developmentally appropriate program activities; and

(ce) Provides an environment of acceptance that helps preschool children
develop positive self-concept, enhance their individual strengths, build
ethnic pride, and facilitate social relationships.

SEC. 21. Intellectual and Cognitive Development Program. The intellectual and
cognitive development program shall include activities that promote the
development of intellectual skills particularly in the areas of communication
skills and sensory-perceptual and numeric concepts and skills by:

(a) Encouraging preschool children to solve problems, initiate activities,
explore, experiment, question, and gain mastery through learning by
doing concrete experimental learning;

(b) Promoting language understanding and use in an atmosphere that
encourages each communication among preschool children and
between children and adults;

(c) Utilizing a curriculum in which a variety of skills are integrated into
activities targeted toward the interest of preschool children;

(4) Encouraging preschool children to organize their experiences and
understand concepts;

(ce) Utilizing a language experience approach to introduce printed materials
according to the individual developmental level of the preschool
children; and

(f) Providing a daily balance of activities in the following dimensions:
indoor and outdoor; quiet and active; individual and group; large and
small groups; child and staff initiated; and structured and
spontaneous.

SEC. 22. Stajf-Child Ratio. Bach preschool institution shall maintain the
following staff-child ratio:

Age Range of Children Number of Number of
(at the time of enrolment) Staff Children

2 years old — 3 years old 1 6

3 years & 1 day - 4 years old 1 10

4 years & 1 day ~ 5 years old 1 12

Only the personnel directly involved with the immediate care and teaching of
children shall be considered in determining the staff-child ratio.

Compliance with staff-child ratio shall be determined on a school-wide basis
and not on an individual classroom basis.

Sec. 23. Language of Learning. At the Day Care level, the mother tongue shall
be used as language of learning for all subjects. At this stage, oral fluency in
the mother tongue shall be developed.

At the preschool level (5 years old), the following language of learning shall be
institutionalized:

(a) Introduction of oral fluency in Filipino as a subject;
(b) Introduction of oral fluency in English as a subject;

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(c) Continuing development on oral fluency in the mother tongue and the
introduction of the mother tongue emergent literacy; and
(d) Mother tongue as language of learning for all subjects.

SEC. 24. Parental Involvement Program. The parental involvement program
shall allow the active parental involvement in the preschool children’s
activities. Consideration of the different types of family structures, such as
those with single parenthood, adoption, foster care and extended family, shall
be made when planning activities.

The following activities shall be made available to the parents:

(a) Participation in classroom and other preschool activities as volunteers
or observers;

(b) Parent training, education or other activities that parents helped
develop;

(c) Working with the child in cooperation with preschool personnel;

(d) Meeting with preschool personnel and other appropriate staff regarding
the child’s individual needs and progress or other systems of
communication developed with the parent; and

(ce) Periodic home visits by preschool personnel.

Chapter V
PHYSICAL ENVIRONMENT

SEC. 25. Adequate Facilities and Appropriate Physical Environment, Each
preschool institution shall ensure that the children enrolled are provided with
adequate facilities and given the appropriate physical environment.

The Owner and/or Director shall ensure that:

(a) All facilities within the school premises, including the floors, walls and
ceilings, and other areas not considered when computing activity space
under Section 26 are clean and maintained properly;

(b) There is at least one toilet seat for every twenty-five (25) children at one
time which is conveniently accessible to the children;

(c) Sufficient water supply is available to the children during the hours of
operation;

(d) The sewage and garbage facilities in the school premises are clean and
that proper disposal of garbage is maintained to prevent health
hazards; and

(ec) A telephone line is available in the school premises.

SEC. 26. Activity Space. A preschool institution shall have a minimum lot
area of five hundred (500) square meters. The area may be divided into a
minimum of one hundred forty (140) square meters for the classroom or indoor
activity space and three hundred sixty (360) square meters for the playground
or outdoor activity space. This area shall be good for not more than four (4)
classes only.

Toilets, kitchens, passageways, storage space, cabinets and other spaces not
used to directly deliver educational services as defined in this Act shall not be
considered when computing the activity space.

The Owner and/or Director shall ensure that the indoor activity space is well

7


ventilated and classrooms are adequately lit.

SEC. 27. Outdoor Activity Space. A preschool institution shall have enough
space for playground or outdoor activities; otherwise, easy and safe access to
the nearest park or open space not more than two hundred (200) meters
walking distance from the school site may be presented as an alternative. This
arrangement shall be approved in writing by the authorized representative of
the park or open space.

‘The Owner and/or Director shall ensure that the preschool institution complies
with the following regulations concerning outdoor activity space used by the
children:

(a) If there are unsafe areas such as drainage ditches, open storm sewers,
wells, holes, railroad tracks, or heavy street traffic in or near the
outdoor play area, an appropriate fence shall be provided to safeguard
the children involved in the outdoor activity;

(b) Pets, if present, must be physically controlled or restrained, and proof of
vaccination shall be available for cats and dogs; and

(c) The grounds shall be kept neat and clean, free from insects and
rodents, and properly sloped or drained to prevent stagnant water
collection,

The use of the nearest park or open space, instead of a playground within
preschool premises, as outdoor activity space does not excuse the Owner
and/or Director from ensuring that the above regulations are met.

SEC. 28. Use of School Building. The building from where the preschool
operates shall be used solely for educational purposes. Its conversion into a
residential or commercial purpose, even if done after class hours, shall be
strictly prohibited.

SEC. 29. Provision of Furniture, Equipment and Related Materials. The
furniture, equipment and materials allocated for the use of the school shall be
of sufficient quantity, quality and variety to meet the needs of the preschool
children and shall be arranged in a way as to facilitate learning, assure a
balanced program of spontaneous and structure activities, and encourage self
reliance in the children.

SEC. 30. Provision of Safe Environment. The preschool premises shall be free
from potential accident hazards such as diggings, uncovered wells, broken
glasses, open electric wires, unsafe electrical outlets, and other similar matters.
The Owner and/or Director shall provide the necessary safety measures and
equipment to ensure that preschool children may enjoy a healthy and hazard-
free environment.

Chapter VI
QUALIFICATIONS OF PRESCHOOL PERSONNEL
SEC. 31. Composition of Preschool Personnel. There shall be preschool
personnel in each preschool institution which shall be basically composed of a

director, teachers and para-professionals.

For purposes of this Act, the Owner of the preschool institution shall be
considered part of the preschool personnel if he/she has contact with the

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students therein.

SEC. 32. The Director. The Director shall plan, implement, supervise, monitor
and evaluate a school program along with the other competent members of the
preschool personnel. He/She shall possess the following qualifications:

(a) College degree in a discipline allied to education with at least eighteen
(18) units of preschool education course;

(b) Preferably with a masters degree in education; and

(c) At least two (2) years of very satisfactory work experience in a school
setup.

The Director’s experience in preschool teaching with very satisfactory
performance may, at the discretion of the Department, be considered in place
of the preschool education course units required.

SEC. 33. The Teacher. The teacher shall be directly in charge with the
handling of preschool children. He/She shall possess any of the following
qualifications:

(a) Bachelor of Science degree with specialization in Family Life and Child
Development or Early Childhood Education or Kindergarten;

(b) Bachelor of Science in Elementary Education with eighteen (18) units in
Preschool Education and fifty-four (54) hours of practicum in preschool
classes; or

(c) Bachelor of Arts/Science degree in a discipline allied to education, arts,
nursing, or anthropology with eighteen (18) units of preschool education.

Provided, That upon appointment, the teacher shall have at least six (6) units
of preschool education subject: Provided, further, That the requirement of
cighteen (18) units of preschool education may be gradually implemented as
follows:

(a) At the end of Year 1, nine (9) units shall already be earned;
(b) At the end of Year 2, twelve (12) units;

(c) At the end of Year 3, fifteen (15) units; and

(d) At the end of Year 4, eighteen (18) units.

SEC. 34. The Para-Professional. The para-professional, employed as a teacher
aide, teacher helper, or assistant teacher, shall have the following
qualifications:

(a) Should at least be a high school graduate; and

(b) Has attended training on preschool education for at least one hundred
twenty (120) hours with a certificate from a recognized training
institution or professional organization.

SEC. 35. Personnel for Emergency. The preschool institution shall, at all

times, have standby personnel within the school premises that are trained in
emergency medical first aid response.

Chapter VII
DUTIES AND RESPONSIBILITIES OF THE PRESCHOOL PERSONNEL

SEC. 36. General Responsibilities. The preschool personnel shall have the

9


following general responsibilities:

{a) Promote and protect the physical, moral, intellectual and social well-being
of the preschool children;

(b) Provide the preschool children with proper care and nutrition;

(c) Take all measures to protect the preschool children from all forms of
neglect, abuse, cruelty and exploitation, and such other conditions that
are prejudicial to their safety and development;

(a) Ensure that the standards prescribed under this Act and such other rules,
regulations and orders relative to the concerns of preschool children are
properly observed and followed;

(e) Perform his/her duties in accordance with the policy declared and the
responsibilities prescribed under this Act; and

(f) Uphold the best interest of the preschool children.

SEC. 37. Academic Responsibilities. The preschool personnel shall likewise
have the following academic responsibilities:

(a) Improve professionally by keeping himself/herself abreast with the latest
trends and techniques in preschool education and child care;

(b] Assume, promote and maintain an atmosphere conducive to the child’s
learning; and

(c) Be knowledgeable on the rights of the child as provided for in the
Convention on the Rights of the Child and on other existing laws and to
uphold these rights in the performance of their duties.

SEC. 38. Adequate Supervision. The preschool personnel designated by the
owner to take charge of the preschool children shall be responsible in providing
adequate supervision and control over the children in attendance.

The preschool personnel shall have adequate knowledge on the whereabouts of
each and every preschool child in attendance and shall always position
themselves within the sight or hearing distance of every child under their
supervision.

Negligence or willful lack of supervision on the part of the preschool personnel
shall be a basis for suspension or revocation of the preschool’s permit to
operate, without prejudice to the imposition of the appropriate penalties as
prescribed under Chapter XI of this Act.

SEC. 39. Discipline of Children. No preschool personnel shall be allowed to
inflict any form of physical punishment on any child in attendance as a means
of imposing discipline

Preschool personnel shall also be prohibited to impose discipline to a preschool
child through any of the following means: abusive or profane language; denial
of food; forced napping; subjection to derogatory remarks about the child or
his/her family; threats of physical punishment; yelling or screaming; or any
other similar forms of discipline.

SEC. 40. Overall Obligation. Unless otherwise provided herein, compliance
with all the standards imposed by this Act shall be the responsibility of the
Owner of the preschool institution. Failure to comply with these standards
shall merit the imposition of appropriate penalties for the owner without
prejudice to the imposition of liability against any other member of the school’s
personnel if found to have committed any act of negligence.

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Chapter VIII
FEES, CONTRIBUTIONS AND DONATIONS

SEC. 41. School Fees. The preschool institution shall determine its rate of
tuition, miscellaneous fees and other charges. The fees and other charges
imposed by the preschool and their application and use shall be subject to the
rules and regulations issued by the Department.

‘The application for permit of new preschool shall include information on
tuition, miscellaneous fees, and other charges.

SEC. 42. Authority to Regulate School Fees. The Department shall have the
authority to regulate the fees charged by a preschool institution based on the
pre-established objective standards that the fees charged shall not be arbitrary,
excessive and onerous.

The pre-established standards that determine whether the fees charged are
arbitrary, excessive and onerous may relate to indicators such as profit margin
and rate of increase. Qualitative factors such as improvement of facilities,
qualifications of teaching and non-teaching personnel, and quality of
curriculum offered may also serve as indicators together with the quantitative
factors for the purpose of determining if the fees charged by a preschool
institution are fair and reasonable.

SEC. 43. Prohibition on Contribution and Solicitation. A preschool institution
shall be prohibited from collecting any kind or form of contribution and
solicitation as a precondition for the preschool children’s continued school
admission or for their completion of the program.

SEC. 44. Issuance of Official Receipt. A preschool institution shall be required
to issue an official receipt for all fees, charges and contributions received in the
course of its operations.

SEC. 45. Report of Financial Performance. The owner of the preschool
institution, upon application for renewal of permit to operate, shall submit to
the Department a copy of the financial performance of the preschool for the
previous year or for a longer period as may be determined by the Department.

‘The financial report shall expressly indicate amount of tuition, miscellaneous
fees, other charges, gifts and donations collected and/or received by the
preschool institution during the period covered by the report.

Chapter IX
RULE IN ADMISSION

SEC. 46. Non-discrimination in Admission. No child shall be refused admission
in a preschool institution on the basis of legitimacy or illegitimacy, sex, social
status, religion, political antecedents, and other related factors. As such, the
preschool institution shall not require the submission of any of the following
documents as requisites for enrolment:

(a) marriage certificate of parents;
(b] baptismal certificate of the child;
(c) income tax return of parents/guardian; and

1


(d)_ all other documents solely intended to identify the child’s legitimacy or
illegitimacy, sex, social status, religion, political antecedents, and other
related factors,

The policy against non-discrimination shall be read in consonance with the
principles of religious freedom in cases where the entity operating the
preschool is a religious institution.

SEC. 47. Atmosphere of Tolerance and Acceptance. The preschool institution
shall promote an atmosphere of tolerance and acceptance. No child shall be
disadvantaged, treated differently or discriminated in any manner in a
preschool on the basis of the factors described in the preceding section.

Chapter X
IMPLEMENTING AND REGULATING AUTHORITY

SEC. 48. Implementing Agency. The authority to regulate the organization,
operation and/or implementation of the preschool education program shall be
vested upon the Department, through the Bureau of Elementary Education.

SEC. 49. Duties, Powers and Functions. The Department shall have the
following duties, powers and functions:

(a) To oversee and supervise the implementation of the preschool education
program throughout the country;

(b) To authorize the opening of preschool education classes in all private
schools, including the registration and accreditation of private preschool
institutions and order closure of the same if found violating Department
rules and regulations and/or found operating without a permit or
Certificate of Recognition;

(c) To develop the curriculum for preschool education consistent with the
universally accepted norms and standards, including values formation,
and to periodically review such for purposes of upgrading;

(d) To conceive, develop and extend a regular training program to preschool
education teachers to ensure constant updating of their knowledge in
modern trends, methodologies and concepts on carly childhood
education;

(c) To prescribe the necessary qualifications for the hiring and accreditation
of teachers who will handie the preschool education program; and

() To formulate the necessary guidelines and regulatory standards in
connection with the operation of private preschool institutions.

Chapter XI
LIABILITIES AND PENALTIES

SEC. 50. Unauthorized Preschool Operation. Any person operating a preschool
institution without a permit or authority from the Department shall suffer the
penalty of at least one (1) month imprisonment and/or a fine not exceeding
Five Thousand Pesos (P5,000.00) for every day of operation without a permit to
operate, subject to the discretion of the Court.

‘The person liable under this section may or may not be the owner of the
preschool institution being operated without a permit or authority.

12


SEC. 51. Administrative Sanctions. The Department shall prescribe and
impose administrative sanctions against the Owner of the preschool institution
that it may deem reasonable and appropriate for any of the following causes:

(a) Unauthorized operation of a preschool, without prejudice to the filing of a
case against the owner pursuant to the immediately preceding section;

(b) Negligence or wilful lack of supervision of children;

(c) Failure to comply with any of the obligations or standards prescribed by
this Act;

(d) Mismanagement of school operations; .

(e) Gross inefficiency of the teaching or non-teaching personnel; or

() Fraud or deceit committed in connection with the application for a permit
or recognition.

The imposition of administrative sanctions by the Department shall be limited
only to the following:

(a) Suspension or revocation of permit to operate;

(b) Temporary or permanent closure of the preschool facility and service;

(c) Fines and penalties; and

(d) Prohibition to operate a preschool service or facility or any other
educational institution.

SEC. 52. Civil Penalties. Any preschool personnel, who shall commit any act
or omission, whether intentional or due to negligence, related to the preschool
operations that may have resulted to any damage or injury on the child
enrolled therein, shall be liable to pay damages, fines and/or other civil
penalties.

SEC. 53. Penal Provisions. In addition to the imposition of any of the above
administrative sanctions or civil penalties, preschool personnel found to have
violated any provision of this Act shall be liable to the penal sanctions
prescribed under the Revised Penal Code and other special laws with penal
provisions such as the Child and Youth Welfare Code, the Anti-Child Abuse
Act, and the Juvenile Justice and Welfare Act.

SEC. 54. Liability of a Corporation. If any of the foregoing acts or omissions is
committed by a corporation, the President and the responsible officers of the
corporation and/or other persons responsible for the offense or violation shall
be held liable for the administrative, civil and penal sanctions.

Chapter XII
FINAL PROVISIONS

SEC. 55. Implementing Rules and Regulations. The Department of Education
shall, upon consultation with the Department of Social Welfare and
Development, Department of Health and the Department of the Interior and
Local Government, promulgate the necessary Implementing Rules and
Regulations within ninety (90) days after the effectivity of this Act.

SEC. 56. Transitory Provision. Preschool institutions that are already in
operation and have been complying with the orders issued by the Department
prior to this Act shall be given one (1) year from the effectivity of this Act to
comply with the standards prescribed herein.

13


SEC. 57. Statutory Construction. In case of doubt, the interpretation of any of
the provisions of this Act shall be construed liberally in favor of the protection
and promotion of the paramount interest of the preschool child.

SEC. 58. Separability Clause. If any provision of this Act is held invalid or
unconstitutional, the same shall not affect the validity and effectivity of the
other provisions thereof.

SEC. 59. Repealing Clause. All laws, decrees, executive orders and rules and
regulations, or parts thereof, that are contrary to or inconsistent with the
provisions of this Act are hereby repealed or modified accordingly.

SEC. 60. Effectivity Clause. This Act shall take effect fifteen (15) days after its
publication in at least two (2) newspapers of general circulation.

Approved.

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