FIFTEENTH CONGRESS )
REPUBLIC OF THE PHILIPPINES )
FIRST REGULAR SESSION )

HOUSE OF REPRESENTATIVES

Introduced by Representative Rufus B. Rodriguez and
Representative Maximo B. Rodriguez, Jr.

House Bill No.. 3223

EXPLANATORY NOTE

Article XIV, Section | of the Constitution provides that “the State shall
protect and promote the right of all citizens to quality education at all levels
and shall take appropriate steps to make such education accessible to all’.
Thus, education has always enjoyed the highest budgetary priority in the
annual budget of government as mandated by the Constitution itself.

However, the meager resources of government led to the stagnation of
budgetary allocation across all sectors including education. As a result, the
resources provided for education has not kept pace with the growing student
population, Massive backlog in classrooms, textbooks, desks and even
teachers has continued to plague the public education system.

The passage of the Government Assistance to Students and Teachers
in Private Education (GASTPE) Program in 1989 and its subsequent
amendment in [998 tapped the potential of the private education system to
fulfil the Constitutional mandate to make education accessible to all Filipinos.
Itmade use of the otherwise unutilized capacity of the private schools to cater
to students which cannot be accommodated by the public education system.

Since its inception in 1989, GASTPE has provided support to over
700,000 beneficiaries in private schools. It has helped more than 1,400
private schools which enrolled in the program. The program has been very
Successful but has not achieved full potential due to budgetary constraints.
According to the Department of Education, at least P2 billion pesos is needed
on top of the annual appropriations for the program to achieve the desired
level of 500,000 beneficiaries at P4,000 per grantee.

In addition to this, the scarce resource for the program has made its
appropriation centered on the student beneficiary and have left little or none at
all for teachers who are also intended to be provided with the proper training.

This bill seeks to increase the funding for the GASTPE Program in
order to address the deficiency in the public education sector. It allocates P1
billion pesos exclusively to teachers to upgrade their training skills for the
delivery of quality education to students.


In addition, it seeks to institute a voucher system in place of the current
tuition fee supplement program to further improve benefits to students
enrolled in private schools.

In view of the foregoing, the passage of this measure is earnestly
sought.

RUFYS B. RODRIGUEZ

MAXIMQ/B/RODRIGUEZ, JR.


FIFTEENTH CONGRESS )
REPUBLIC OF THE PHILIPPINES —)
FIRST REGULAR SESSION )

HOUSE OF REPRESENTATIVES

Introduced by Representative Rufus B. Rodriguez and

Representative Maximo B. Rodriguez, Jr.

3223

House Bill No.

AN ACT

PROVIDING FOR AN EXPANDED VOUCHER SYSTEM

IN THE

ELEMENTARY AND SECONDARY EDUCATION, AMENDING FOR THE

PURPOSE REPUBLIC ACT NO. 6728, AS AMENDED

Be it enacted by the Senate and House of Representatives of the Philippines

in Congress assembled:

SECTION 1. Section 2 of Republic Act No. 6728, otherwise known as the
“Government Assistance to Students and Teachers in Private Education Act’,

as amended, is hereby further amended to read as follows:

“SEC 2. Declaration of Policy. It is a declared
policy of the state in conformity with the mandate of the
Constitution, to promote and make quality education
accessible to all Filipino citizens. The State also hereby
recognizes the complementary roles of public and private
educational institutions in the educational system and the
invaluable contribution that the private schools have
made and will make to education. For these purposes,
the State shall provide the mechanisms to improve quality
in private education, recognizing in the process the
government's responsibility to provide basic elementary
and secondary education, post secondary vocational and
technical education and higher education as having
priority over its other functions.

“Elementary education is the first six (6) years of
basic education, excluding pre-school and grade seven,
the completion of which is attested by a certificate issued
by or with permission of the Department of Education,
[,Culture and Sports], Secondary education is the next
four (4) years of basic education, the completion of which
is attested by a high school diploma issued by or with
permission of the Department of Education {, Culture and
Sports].


“Post-secondary education may be education and
training in non-degree vocational and technical courses
offered in post-secondary vocational and technical
institutions or education in degree courses offered by
higher educational institutions, the completion of which
are attested by a certificate or diploma issued by or with
permission of the Technical Education and Skills
Development Authority (TESDA) or the Commission on
Higher Education (CHED) respectively.

SEC 2. Section 3 of Republic Act No. 6728, as amended, is hereby
further amended to read as follows:

“SEC 3. Criteria for Assistance. The programs for
assistance shall be based on a set of criteria which
include among others, tuition AND OTHER fees charged
by the schools, the socio-economic needs of each region
giving priority to the [the Social Reform Agenda (SRA)
provinces] THE POOREST REGIONS, PROVINCES OR
MUNICIPALITIES, overall performance of the schools,
the academic qualifications and the financial needs of the
schools, as well as the geographic spread and size of
student ENROLLMENT.

“In addition to the foregoing criteria, within which
such reasonable time as the respective State Assistance
Council_may determine, student grantees under the
Private Education Student Financial Assistance Program
shall be enrolled in schools which have accredited
programs or are applying for accreditation as may be
recognized by the respective State Assistance Council

“Preference shall be given to students whose
ANNUAL family income is [not more than Seventy-two
thousand pesos (P72,000.00) or such amounts as may
be determined by the respective councils, as defined
hereinafter] BELOW THE POVERTY THRESHOLD
INCOME LEVEL IN THEIR RESPECTIVE REGION,
PROVINCE, OR MUNICIPALITY AS MAYBE
DETERMINED BY THE APPROPRIATE GOVERNMENT
AGENCY, OR IN THE ABSENCE OF SUCH DATA, THE
NATIONAL POVERTY THRESHOLD INCOME LEVEL
AS MAYBE DETERMINED BY THE NATIONAL
ECONOMIC DEVELOPMENT AUTHORITY.

“For purposes of this Act, programs of assistance
to students and teachers of private post-secondary
vocational and technical institutions and higher
educational institutions shall likewise be extended to
students and teachers of community colleges in degree
and non-degree programs. Implementation of the
program shall encourage students to undergo post-


secondary vocational and technical and higher education
courses in the same region where their families reside.

“The programs of assistance under this Act shall
be extended only to students who are citizens of the
Philippines.

“The State Assistance Council, jointly with the
Department of Education) DepEd, [Culture and Sports
(DECS) and the TESDA shall formulate measurement
standards for the evaluation of the quality of courses as
well as the standing and status of the recipient
institutions.

Within five (5) years from the approval of this Act,
the assistance shall be given to schools: Provided, That
The present allocation of the tuition fee and other income
of the schools shall be used at the same proportion and
allocation as provided by law.

SEC 3. Section 4 of Republic Act No. 6728, as amended, is hereby further
amended to read as follows:

SEC 4. Forms of Assistance. Assistance to
private education shall consist of assistance to students
[and], assistance to teachers and ASSISTANCE TO
SCHOOLS.

“The following are forms of assistance to students in
private education:

“(1) Tuition fee supplements for students in private
[high] ELEMENTARY AND SECONDARY schools,
including students in vocational and technical
courses;

“(2) [High School] Textbook Assistance Fund:
Provided, That the textbook assistance per student
in private ELEMENTARY OR SECONDARY [high]
schools shall be determined by the council and
shall not exceed what students in public
ELEMENTARY OR SECONDARY schools are
provided on a per student basis [under a
comprehensive textbook, program of the
Secondary Education Development Program
(SEDP)]: Provided, further, That the textbook
assistance shall be granted only to beneficiaries of
tuition fee supplements and educational service
contracting scheme provided in this Act;

“(3) Expansion of the existing Educational Service
Contracting (ESC) Scheme;


“(4) The voucher system of the Private Education
Student Financial Assistance Program (PESFA);

*(5) Scholarship grants to students who graduated as
valedictorians and salutatorians from
ELEMENTARY AND secondary schools;

“(6) Tuition fee supplements to students in private
colleges and universities; and]

“(7) Education Loan Fund

The following are forms of assistance to teachers and faculty in
private education:

“(1) In-service training fund for teachers in private [high]
ELEMENTARY OR SECONDARY schools; and

“(2) College Faculty Development Fund.

THE FOLLOWING ARE FORMS OF ASSISTANCE TO PRIVATE
SCHOOLS:

(1) UTILIZATION OF THEIR UNUSED CAPACITY
THROUGH THE EXPANDED EDUCATION
SERVICE CONTRACTING SCHEME;

(2) | SCHOLARSHIPS. FOR QUALIFIED
ELEMENTARY AND SECONDARY TEACHERS
ENROLLED IN QUALITY GRADUATE
PROGRAMS;

(3) | PARTICIPATION INGOVERNMENT FUNDED IN-
SERVICE TRAINING FOR PRIVATE
ELEMENTARY AND SECONDARY TEACHERS;

(4) ACCESS TO GOVERNMENT FUNDED
LABORATORY FACILITIES ESPECIALLY FOR
SCIENCE AND TECHNOLOGY.

SEC 4. Section 5 of Republic Act No. 6728, as amended, is hereby further
amended to read as follows:

“SEC 5. Tuition Fee Supplements for Students in Private [High]
ELEMENTARY AND SECONDARY Schools.

(1) Financial Assistance for tuition of students in private
[High] ELEMENTARY AND SECONDARY schools shall
be provided by the government through a voucher system
in the following manner:


“(a) For students enrolled in schools charging
an amount as may be determined by the
State Assistance Council, the government
shall provide them with a voucher in such
an amount as may be determined by the
council: Provided, That the government
shall reimburse the vouchers from the
schools concerned within one hundred
twenty (120) days from the close of the
registration period.

(2) Assistance under paragraph (1), subparagraph
(a) shall be guaranteed to all private [high]
ELEMENTARY AND SECONDARY schools
participating in the program for a number of slots
as of the effectivity of this Act as the total
number of students who availed of tuition fee
supplements for school year 1997-1998:
Provided, that The State Assistance Council may
in subsequent years determine additional slots
and/or additional participating ELEMENTARY
AND SECONDARY [high] schools as may be
deemed necessary.

SEC §. Section 6 of Republic Act No. 6728, as amended, is hereby further
amended to read as follows:

“SEC 6. [High School] Textbook Assistance Fund.
There shall be established in the Department of Education
[.Culture and Sports (DECS)] DepEd, a [High School]
Textbook Assistance Fund, so that assistance on a per student
basis shall be given to students enrolled in private schools
exclusively for the purchase of ELEMENTARY OR
SECONDARY [high] school textbooks, [in support of the
implementation of the Secondary Education Development
Program|;Provided, That the textbook assistance per student
in private ELEMENTARY OR SECONDARY [high] schools
shall be determined by the council and shall not exceed what
students in public ELEMENTARY OR SECONDARY [high)
schools are provided on a per student basis; Provided, further,
That the textbook assistance shall be granted only to
beneficiaries of tuition fee supplements and educational
service contracting scheme provided in this Act.

SEC 6. Section 7 of Republic Act No. 6728, as amended, is hereby further
amended to read as follows:

* SEC 7. Expansion of the Existing Educational
Service Contracting (ESC) Scheme.


“(a)

“(b)

“(©

“@

“e)

The Department of Education [,Culture and Sports
(DECS)] DepEd shall continue to enter into contracts
with private schools whereby the government. shall
shoulder the tuition and other fees of ELEMENTARY
AND SECONDARY [high] school students who shall
enroll in private [high] schools under this program.
PRIORITY SHALL BE GIVEN TO PRIVATE SCHOOLS
IN COMMUNITIES WHERE THE PUBLIC SCHOOLS
CAN NO LONGER ACCOMMODATE THE STUDENTS
DUE TO THE INCREASE IN STUDENT POPULATION,
who shall enroll in private [high] schools under this
program.

The Department shall also enter into contracts with
private schools in communities where there are no
public ELEMENTARY OR SECONDARY [high] schools,
in which case the Department shall shoulder the tuition
and other fees of students who shall enroll in said
private schools.

The amount of assistance to be given by the
government under this section shall not exceed that
determined as the per student cost in public [high]
ELEMENTARY AND SECONDARY schools.

The Department shall fully pay the subsidized amount
to participating schools not later than one hundred
eighty (180) days from the close of the registration
period.

The amount of assistance AND THE NUMBER OF
SLOTS SHALL BE DETERMINED BY THE STATE
ASSISTANCE COUNCIL AND ALLOCATED [shall be
allocated and distributed] among the sixteen (16)
regions in proportion to the total population as well as
the [high] ELEMENTARY AND SECONDARY school
age population for the first school year; Provided, That
starting school year 1998, an equalization scheme shall
be implemented by the State Assistance Council

The amount of assistance to private [high]
ELEMENTARY AND SECONDARY schools
Participating in the program shall be guaranteed for a
number of slots as of the effectivity of this Act as the
number of students availing of educational service
contracting assistance for school year 1997-1998;
Provided, That the State Assistance Council may, in
subsequent years determine additional slots and/or
additional participating private [high] ELEMENTARY
AND SECONDARY schools as may be deemed
necessary.


SEC 7. Section 8 of Republic Act No. 6728 as amended, is hereby further
amended to read as follows:

“SEC 8. Assistance to College Freshmen. - (a) The
Voucher System of Private Education Student Financial
Assistance (PESFA) Program. The existing Private Education
Student Financial Assistance (PESFA) Program which covers
degree and non-degree vocational/technical courses shall be
expanded so that all qualified enrolling first year students can
benefit from a scholarship, plus an allowance. Such financial
assistance shall be granted to deserving underprivileged
students, who shall be selected on the basis of family income,
geographic spread and results of competitive examinations to be
given by the CHED for degree course and the TESDA for non-
degree vocational/technical courses in all secondary schools in
coordination with the [DECS] DepEd. The program shall be
equitably allocated to provinces and cities in accordance with
regional and national plans to priority courses as determined by
the CHED and the TESDA

“For purposes of this Act, an underprivileged student shall
refer to a student whose gross income, if any, and that of the
‘combined annual gross income of his/her parents do not exceed
[Seventy-two thousand pesos (P72,000.00) THE POVERTY
THRESHOLD INCOME LEVEL IN THEIR RESPECTIVE
REGION, PROVINCE, OR MUNICIPALITY AS MAY BE
DETERMINED BY THE APPROPRIATE GOVERNMENT
AGENCY, OR IN THE ABSENCE OF SUCH DATA, THE
NATIONAL POVERTY THRESHOLD INCOME LEVEL AS MAY
BE DETERMINED BY THE NATIONAL ECONOMIC
DEVELOPMENT AUTHORITY.

SEC 8. Section 12 of Republic Act No. 6728, as amended, is hereby further
amended to read as follows:

“SEC 12. In Service Training Fund (Inset Fund). For the
Purpose of improving the quality of teaching in private secondary
education, there is hereby established in the Department of
Education, DepEd [Culture and Sports] an Inset Fund to provide
for the upgrading of knowledge and teaching competencies in
critical subject areas and for the modemization of teaching
techniques and strategies, including training in the use of
computers and of other multi-media educational technologies to
assist instruction: Provided, That the Inset Fund shall be
available only to qualified licensed teachers in participating
private ELEMENTARY AND SECONDARY [high] schools as
determined by the State Assistance Council: Provided, further,
That the amount of Inset Fund available to private
ELEMENTARY AND secondary education shall not exceed that


available to public ELEMENTARY AND SECONDARY
‘education as per capita basis,

SEC 9. Section I4 of Republic Act No. 6728, as amended, is hereby further
amended to read as follows:

“SEC 14. Teacher's Salary Subsidy Fund. A
Teacher's Salary Subsidy Fund is hereby established in
the [DECS] DepEd to grant government subsidy to
teachers in private [high}) ELEMENTARY AND
SECONDARY schools participating in the programs of
assistance provided in this Act: Provided, That the total
monthly salary which includes the subsidy to be received
by such private [high] ELEMENTARY AND SECONDARY
school teachers shall not be more than eight percent
(80%) of the salary of his counterpart in the public sector.
Provided, further, That the amount of monthly subsidy
shall not exceed exceed the amount of any monthly
salary increase that teachers in public [high]
ELEMENTARY AND SECONDARY schools shall receive
after the effectivity of this Act: Provided, further, That
private [high] ELEMENTARY AND SECONDARY school
teachers qualified to receive subsidy under this Act are
duly licensed by the Professional Regulation
Commission: Provided, further, That the government
shall provide them with a voucher for the salary subsidy
which shall be reimbursed directly to the teachers within
sixty (60) days after the close of the school year upon
submission of proof of qualification and actual teaching
service in a participating private [high] ELEMENTARY OR
SECONDARY school; Provided, further, That the present
allocation out of increases from tuition and other income
shall be maintained; Provided, finally, That in case of
insufficiency of funds, priority shall be given to married
teachers supporting a family.

SEC 10. Section 15 of Republic Act No. 6728, as amended, is hereby further
amended to read as follows:

“SEC 15. Program Administration Rules and
Regulations. The State Assistance Council shall be
responsible for policy guidance and direction, monitoring
and evaluation of new and existing programs, and the
promulgation of the rules and regulations, while the
Department of Education [Culture and Sports] DepEd, the
TESDA and the CHED shall be responsible for the day to
day administration and program implementation for the
Programs of assistance to private ELEMENTARY AND
secondary education, post secondary vocational and


technical education and higher education, respectively
Likewise, it may engage the services and support of any
qualified government or private entity SUCH AS THE
FUND FOR ASSISTANCE TO PRIVATE EDUCATION
(FAPE) AS A PERMANENT SECRETARIAT for its
implementation.

“The State Assistance Council, hereinafter known
as the Council, shall be headed by the Secretary of
Education, [Culture and Sports] as chairperson, the
chairperson of the CHED and the Director General of the
TESDA as co-chairpersons, with representatives from the
National Economic Development Authority, the
Department of Budget and Management, the Department
of Science and Technology, and representatives from
duly organized nationwide associations of teachers,
students, parents and school administrators concerned
with ELEMENTARY, secondary, _ post-secondary
vocational and technical education and higher education
as members. The last FOUR (4) [three (3)] members
shall be appointed by the Council upon the
recommendation of their respective sectors for a term of
THREE (3) [one (1)] school years subject to
reappointment [for a maximum term of four (4) school
years] UPON THE RECOMMENDATION OF THEIR
RESPECTIVE SECTORS. A representative from the
Committee on Education of both Houses of Congress
shall be designated resource persons to the Council

“The Council shall meet, from time to time, as the
need arises, to assess the effectivity of the programs and
to ensure that the ELEMENTARY AND secondary
schools, post-secondary vocational and_ technical
institutions and higher educational institutions may
continue to enroll students and teachers/faculty as
recipients of government assistance under this Act.

SEC 11. Section 16 of Republic Act No. 6728, as amended, is hereby further
amended to read as follows:

“SEC 16. Appropriations. The amount needed to
implement these programs shall be provided for in the
Annual General Appropriations Act [for] BEGINNING the
year [1998] 2008. The ANNUAL appropriations of [One
billion pesos (P1,000,000,000.00) already appropriated
under the General Appropriations Act of 1998 shall be
used for this purpose] the DepEd TO CARRY OUT THE
PROVISIONS OF THIS ACT SHALL BE INCREASED TO
THREE BILLION PESOS (P3,000,000,000.00) OF


WHICH THE AMOUNT OF ONE BILLION SHALL BE
ALLOCATED AS ASSISTANCE TO ELEMENTARY AND
SECONDARY TEACHERS OF THE PARTICIPATING
SCHOOLS. LIKEWISE, TO DO THE SAME, THE CHED
AND TESDA APPROPRIATIONS SHALL BE
INCREASED TO FIVE MILLION PESOS (P5,000,000.00)
Two HUNDRED FIFTY MILLION PESOS
(P250,000,000.00), RESPECTIVELY.

“All funds appropriated for this purpose shall be
constituted as a trust fund to be administered by the
State

Assistance Fund, which shall be SEPARATE AND
DISTINCT FROM THE REGULAR APPROPRIATIONS,
OF THE DepEd AND SHALL BE RELEASED BY THE
DepEd, CHED AND TESDA DIRECTLY TO THEIR
RESPECTIVE PARTICIPATING SCHOOLS (directly and
automatically released to the different regional offices of
the DECS]

SEC 12. Section 17 of Republic Act No. 6728, as amended, is hereby further
amended to read as follows:

“SEC 17. Penalties. In case of violations of the
provisions of this Act or the rules and regulations promulgated
pursuant thereto by an institution, the Department of Education,
[Culture and Sports] DepEd, the TESDA and the CHED, upon
the recommendation of the Council, may bar the institution from
participating in or benefiting from the programs of this Act, and
from other programs of the Department, without prejudice to
administrative and criminal charges as may be filed against the
school andor its responsible officers under existing laws.

SEC 13. Repealing Clause. All laws, decrees and such letters of instructions,
rules and regulations or parts thereof which are inconsistent with this Act are
hereby repealed or modified accordingly.

SEC 14. Separability Clause. \f any provision of this Act is declared
unconstitutional, the same shall not affect the validity and effectivity of other
provisions not affected thereby.

SEC 15. Effectivity Clause. This Act shall take effect immediately upon its
complete publication in two newspapers of general circulation.

Approved.