Republic of the Philippines
HOUSE OF REPRESENTATIVES
‘Quezon City

SIXTEENTH CONGRESS
First Regular Session

House Bill No. 8435

Introduced by Rep. Eulogio “Amang” R. Magsaysay =

EXPLANATORY NOTE

The Special Education Fund (SEF) is derived from the additional one percent (1%) tax
on real property by the local government units. The fund was constituted under Republic Act
5447 in 1968 which was amended several times under the provisions of Presidentiai Decree
No. 464 in 1974, Presidential Decree Nos. 1913 and 1969, both in 1984, and Republic Act
7160 or the Local Government Code of 1991, The purpose and application of SEF have been
specifically referred to cover the expenditures accruing to to the implementation of certain
priority requirements of basic education — elementary and secondary schools, at the different
levels of local governance under the disposition of respective Local School Boards (LSB)
which were created under RA 5447.

Section 1, Article XIV of the Philippine Constitution provides for the right of all citizens
to quality education at aff levels and that appropriate steps should be taken by the
government to make such education accessible to all.

Giving due importance to the said constitutional mandate, a number of our local
government units have taken the initiative to make higher education accessible to their
constituents by establishing, through ordinances of their respective sangunians, iocal
colleges and universities (LCUs) within their territorial jurisdiction under the provisions of the
Local Government Code of 1991 or Republic Act 7160. Many of these LCUs however lack
the appropriate funding which has taken a toll on the delivery af quality education.

The ultimate intent of constituting the SEF under RA 5447 is to contribute financial
support to the goals of education. This should be rationalized on the light of the said problem
ig LCUs by including higher education in the coverage of the special fund.

‘This measure seeks to include higher education in the coverage of the Special
Education Fund by allocating certain portion of the funds for the activities and needs of iocal
colleges and universities. This in effect also proposes to include the representative of LCUs
in the various Local School Boards (LSB).

it is therefore recommended that the foregoing bill be approved

EULOGIO “AMANG” R. MAGSAYSAY


SIXTEENTH CONGRESS OF THE)
REPUBLIC OF THE PHILIPPINES —_)
First Regular Session )

House of Representatives

House Bill No.8435

Introduced by Rep. Eulogio “Amang” R. Magsaysay

AN ACT
EXPANDING THE PURPOSE AND APPLICATION OF THE SPECIAL EDUCATION FUND
(SEF) TO INCLUDE IN THE ANNUAL BUDGET OF RESPECTIVE LOCAL SCHOOL
BOARDS CERTAIN ALLOCATION FOR THE OPERATION OF LOCAL COLLEGES AND
UNIVERSITIES, AND FOR OTHER PURPOSES

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

SECTION 1. It is the declared policy of the State to protect and promote the right of all
citizens to quality education at all levels and to take appropriate steps to make education
accessible to all. In doing so, the State shall establish, maintain and support a complete,
adequate and integrated system of education relevant to the needs of the people and society
and that it shall take into account regional and sectoral needs and conditions and shall
encourage local planning in the development of educational policies and programs. In
particular, funding assistance for operation of local colleges and universities shall also be a
prime consideration of the government.

SECTION °2. Funding for the operation of the local colleges and universities shall now
be included under the coverage of the Special Education Fund (SEF),

SECTION 3. The President of concerned local college or university or a representative
of the association of local colleges and universities in the locality shall now be included in the
membership of the municipal, city, and provincial school boards.

SECTION 4. The concerned local school board shall consider in the annual
preparation and approval of its budget certain allocation for the needs and operation of local
college(s) and universities under its jurisdiction.

SECTION 5. All means of improving the efficiency of real property tax collection in all
local government units as mandated in the provision of the Local Government Code of 1991
shall be strictly enforced.

SECTION 6. The Department of the Interior and Local Government (DILG) in
collaboration with all concerned government agencies and associations shall promulgate the
implementing rules and regulations as may be necessary to carry out the provisions of this
Act within sixty (60) days from the effectivity of this Act.


SECTION 7. If any provision of this Act shall be held unconstitutional or invalid, the
remaining provisions which are not affected thereby shall continue to be full force and effect.

SECTION 8. All laws, executive orders, decrees, instructions, rules and regulations
and other issuances, or parts thereof, contrary to or inconsistent with this Act are hereby
modified, amended or repealed accordingly.

SECTION 9. This Act shall take effect fifteen (15) days after its publication in at least
two (2) newspapers of general circulation,

Approved,