NINETEENTH CONGRESS OF THE )

REPUBLIC OF THE PHILIPPINES )
First Regular Session )
HOUSE OF REPRESENTATIVES
H.B. No. 2083

Introduced by Representative Ralph G. Recto

AN ACT
REENGINEERING GOVERNMENT AGENCIES INVOLVED IN THE
DEVELOPMENT OF THE EDUCATION SECTOR, APPROPRIATING FUNDS
THEREFOR, AND FOR OTHER PURPOSES

EXPLANATORY NOTE

The Philippine educational system has undergone many stages of
development and reorganization from the Superior Commission of Primary
Instruction in 1863 to the present Department of Education (DepEd).

The Education Act of 1982 created the Ministry of Education, Culture and
Sports which later became the Department of Education, Culture and Sports (DECS)
in 1987 by virtue of Executive Order No. (E.0.) No. 117. From 1987 to 1994, the
DECS covered elementary, secondary and tertiary education as well as non-formal
and technical and vocational education. The structure of DECS as embodied in E.0.
No. 117 has practically remained unchanged until 1994 when the Commission on
Higher Education (CHED), and in 1995 when the Technical Education and Skills
Development Authority (TESDA) were established to supervise tertiary degree
programs and non-degree technical-vocational programs, respectively. The
Congressional Commission on Education (EDCOM) report provided the catalyst for
Congress to create CHED and TESDA. The trifocal education system refocused DECS’
mandate to basic education which covers elementary, secondary and nonformal
education, including culture and sports. TESDA now administers the post-secondary,


middle-level manpower training and development while CHED is responsible for
higher education.

In 2001, the enactment of Republic Act No. 9155 instituted a framework of
governance for basic education and transformed the then DECS into the DepEd. The
cultural agencies (Komisyon ng Wikang Pilipino, National Historical Institute, Record
Management and Archives Office and the National Library) became administratively
attached to the National Commission for Culture and the Arts (NCCA) and no longer
with the DepEd. The program for school arts and culture however, remained part of
the school curriculum. Moreover, all functions, programs and activities of the DepEd
related to sports competition were transferred to the Philippine Sports Commission
(PSC), while the program for school sports and physical fitness remained part of the
basic education curriculum.

Despite the reforms implemented through the years, the Philippine education
system is considered to be in a constant state of disarray. On top of the recurring
problems such as the deterioration of learning outcomes, shortage of basic
resources and lack of teacher training, the system lacks continuity when it comes to
policy implementation and coordination among leading agencies handling education
is found to be ineffective.

In fact, educational gaps seem to be more apparent with the current
structure of our educational institutions. In a press release issued by the DepEd in
2020, no less than Secretary Leonor Magtolis Briones called for improved
collaborative efforts by having “more active dialogues with CHED and TESDA to
identify issues and streamline programs related to improving the state of Philippine
education”. Sec. Briones stated that there is a need to strengthen the link between
the pre-service and the in-service of the teachers. She cited the educational system
of Singapore, where the Ministry of Education was the sole institution implementing
teacher tr

ing curriculum in pre-service and in-service.


Former DepEd Secretary Mona Valisno also made a call to remerge the three
(3) education agencies for better coordination in the face of the implementation of
the senior high school program which highlighted the need for the education
agencies to synchronize their activities. She stressed the importance of DepEd
working closely with CHED as some general education subjects in college had been
transferred to senior high school. She also noted the importance of having close
coordination with TESDA to ensure that the programs offered in senior high school
are aligned with those offered by TESDA.

Moreover, a 2019 discussion paper published by the Philippine Institute for
Development Studies entitled, “Status of Senior High School Implementation: A
Process Evaluation”, pointed out the confusion regarding the implementation of
senior high school tracks brought about by the lack of closer coordination among
DepEd, CHED and TESDA. The PIDS paper recommended that these institutions
should coordinate in order to iron out policies related to senior high school and to
address stakeholders’ confusion related to such policies.

In order to accomplish such responsibility, and guarantee an efficient and
effective delivery of education services, it is imperative that the abovementioned
institutions implement programs and policies demonstrative of continuity and
synchronization. We recognize the interdependence of the roles of the three (3)
education agencies, and that they should be systematized and harmonized. Towards
this end, this bill seeks to strengthen our education system by remerging,
reorganizing and rationalizing the DepEd, CHED and TESDA. It is our objective that
necessary and proper reforms in the organization and functional structures of the
education sector be effected in order to promote efficiency and effectiveness in the
provision of quality education to the Filipino students.

In view of the foregoing, the approval of this bill is earnestly sought.

LPH G,


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NINETEENTH CONGRESS OF THE )

REPUBLIC OF THE PHILIPPINES )
First Regular Session )
HOUSE OF REPRESENTATIVES
H.B. No, 2969

Introduced by Representative Ralph G. Recto

AN ACT
REENGINEERING GOVERNMENT AGENCIES INVOLVED IN THE
DEVELOPMENT OF THE EDUCATION SECTOR, APPROPRIATING FUNDS
THEREFOR, 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 “Reengineering the
Education Sector Act”.

SEC. 2. Declaration of Policy. - It is hereby declared the policy of the State
that the education system shall make a maximum contribution to the attainment of
national development goals; that the State shall promote and maintain equality of
access to education and enjoyment of the benefits thereof by all citizens; and that
the State shall use education as an instrument for the development of the cultural
communities of the nation and the deprived communities to enrich their participation
in the community and national life and to unify all Filipinos into a free and just
nation.

It shall be the policy of the State to enhance its institutional capacity to
deliver public goods and services in a more efficient, effective and accountable
manner. In view of this, State shall effect the necessary and proper changes in the
organizational structure of agencies and instrumentalities in order for the
Department of Education to be more effective and responsive to the educational
needs of the Filipino youth.

SEC. 3. Reorganization of the Department of Education (DepEd). ~The DepEd
created under Republic Act (R.A.) No. 9155, and the agencies enumerated under

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Section 16 of this Act are consolidated and merged, and hereby constituted as “the
Department”. The Department shall be organized structurally and functionally, in
accordance with the provisions of this Act.

SEC. 4. Mandate. -The Department shall continue to perform all the powers,
functions and mandate of the DepEd under R.A. No. 9155 and other existing laws,
rules and regulations. It shall also absorb all the powers, functions and mandates of
the agencies enumerated in Section 16 hereof. It shall be primarily responsible for
the formulation, planning, implementation and coordination of the policies, plans,
programs and projects in the area of education at all levels, supervise all education
institutions, both public and private, and provide for the establishment and
maintenance of a complete, adequate and integrated system of education relevant
to the goals of national development.

‘SEC. 5. Powers and Functions of the Department. -To carry out its mandate
and objectives, the Department shall have the powers and functions of formulating,
planning, implementing and coordinating the policies, plans, programs and projects
for the following areas of responsibilit
(a) Elementary and secondary education;

(b) Vocational/technical education; and
(©) Higher education.

SEC. 6. Composition. - The Department shall be headed by a Secretary. The
Department proper shall be composed of the Office of the Secretary, the Offices of
the Undersecretaries and Assistant Secretaries, the Bureaus, and Regional Offices of
the Department.

SEC. 7. The Secretary. — The Secretary shall be appointed by the President,
subject to confirmation by the Commission on Appointments. The Secretary shall

have the following functions:

(a) Provide executive direction and supervision over the entire operations of
the Department;

(b) Establish policies and standards for the effective, efficient and economical
operation of the Department, in accordance with the programs of government;

(©) Review and approve requests for financial and manpower resources of all
operating offices of the Department:


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(d) Designate and appoint officers and employees of the Department,
excluding the undersecretaries, assistant secretaries, and regional directors and
assistant regional directors, in accordance with the civil service laws, rules and
regulations;

(e) Exercise disciplinary powers over officers and employees of the
Department in accordance with law, including their investigation and the designation
of a committee or officer to conduct such investigation:

(f) Coordinate with local government units (LGUs), other agencies and public
and private interest groups, including nongovernment organizations (NGOs) and
people's organizations (POs) on Department policies and initiatives;

(g) Prepare and submit to the President through the Department of Budget
and Management (DBM) an estimate of the necessary expenditures of the
Department during the next fiscal year, on the basis of the reports and estimates
submitted by bureaus and offices under him/her;

(h) Advise the President on the promulgation of executive and administrative
orders and formulation of regulatory and legislative proposals on matters pertaining
to the educational system;

(i) Formulate such rules and regulations and exercise such other powers as
may be required to implement the objectives of this Act; and

(j) Perform such other tasks as may be provided by law or assigned by the
President.

SEC. 8. The Undersecretaries. - The Secretary shall be assisted by four (4)
undersecretaries, who shall be appointed by the President upon the recommendation
of the Secretary, each of whom shall be responsible for each of the following areas
of responsibility:

(a) Elementary education and Secondary education;

(b) Vocational/technical education;

(c) Higher education; and

(d) Administrative, finance, legal and legislative affairs, and other attached
agencies and offices.


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SEC. 9. Assistant Secretaries. - The Secretary shall be assisted by four (4)
assistant secretaries who shall be appointed by the President upon the
recommendation of the Secretary.

SEC. 10. Qualifications.- No person shall be appointed Secretary,
Undersecretary, or Assistant Secretary of the Department unless he or she is a
citizen and resident of the Philippines, of good moral character, of proven integrity
and with competence and expertise in the plans, programs, projects and activities of
the government relative to education.

SEC. 11. Bureau of Elementary Education. — The Bureau of Elementary
Education shall have the following functions:

(a) Conduct studies and formulate, develop and evaluate plans and programs
and educational standards for elementary education;

(b) Undertake studies necessary for the preparation of prototype curricular
designs and instructional materials for elementary education;

(c) Formulate, develop and evaluate programs to upgrade the quality of the
teaching and non-teaching staff for elementary education;

(d) Formulate guidelines to improve the physical plants and equipment of
elementary schools and general management of these schools;

(© Compile, analyze and evaluate data on elementary education; and

(f) Perform other functions as may be provided by laws, rules and regulations.

SEC. 12. Bureau of Secondary Education. —The Bureau of Secondary
Education shall have the following functions:

(a) Conduct studies and formulate, develop and evaluate plans and programs
and educational standards for secondary education;

(b) Undertake studies necessary for the preparation of prototype curricular
designs and instructional materials for secondary education;

(c) Formulate, develop and evaluate programs to upgrade the quality of the
teaching and non-teaching staff for secondary education;

(d) Formulate guidelines to improve the physical plants and equipment of
secondary schools and general management of these schools;

(e) Compile, analyze and evaluate data on secondary education; and

(f) Perform other functions as may be provided by laws, rules and regulations.

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SEC. 13. Bureau of Technical and Vocational Education. - The Bureau of
Technical and Vocational Education shall have the following functions:
(a) Conduct studies and formulate, develop and evaluate plans and programs
and educational standards for technical and vocational education;
(b) Undertake studies necessary for the preparation of prototype curricular
designs and instructional materials for technical and vocational education;
(c) Formulate, develop and evaluate programs to upgrade the quality of the
teaching and non-teaching staff for technical and vocational education;
(d) Formulate guidelines to improve the physical plant and equipment of
post-secondary technical and vocational schools;
(e) Collaborate with other agencies in the formulation of manpower plans;
(f) Compile, analyze and evaluate data on higher education; and
(g) Perform other functions as may be provided by laws, rules and
regulations.
SEC. 14. Bureau of Higher Education. - The Bureau of Higher Education shall
have the following functions:
(a) Conduct studies and formulate, develop and evaluate plans and programs
and educational standards for higher education;
(b) Undertake studies necessary for the preparation of prototype curricular
designs and instructional materials for higher education;
(c) Formulate, develop and evaluate programs to upgrade the quality of the
teaching and non-teaching staff for higher education;
(d) Formulate guidelines to improve the physical plant and equipment of
higher education institutions;
(e) Provide technical assistance to encourage institutional development
programs and projects;
(f) Compile, analyze and evaluate data on higher education; and
(g) Perform other functions as may be provided by laws, rules and
regulations.
SEC. 15. Regional Offices. - The Department is hereby authorized to operate
and maintain a Regional Office in each of the administrative regions of the country.
Each Regional Office shall be headed by a Regional Director who shall be assisted by

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an Assistant Regional Director. The Regional Director shall be responsible for the
School Divisions and their Superintendents within the administrative region under
his/her jurisdiction.

A Regional Office shall have, within its administrative region, the following
functions:

(a) Implement laws, rules, regulations, policies, plans, program and projects
of the Department;

(b) Provide efficient and effective service to the people;

(©) Coordinate with the Regional Offices of other departments, offices and
agencies in the region;

(d) Coordinate with local government units; and

(e) Perform such other. functions as may be provided by laws, rules and
regulations.

SEC. 16. Transfer of Agencies and Personnel. —

(a) The following agencies are hereby abolished, and their powers and
functions, applicable funds and appropriations, records, equipment, property, and
personnel transferred to the Department:

(1) Commission on Higher Education (CHED); and
(2) Technical Education and Skills Development Authority (TESDA);
and

(b) The laws and rules on government reorganization as provided for in
Republic Act No. 6656, otherwise known as the Reorganization Law, shall govern the
reorganization process of the Department.

SEC. 17. Transitory Provisions. - The transfer of functions, assets, funds,
equipment, properties, transactions, and personnel of the affected agencies, and the
formulation of the internal organic structure, staffing pattern, operating system, and
revised budget of the Department, shall be completed within two (2) years from the
effectivity of this Act: Provided, That until new appointments and a new staffing
pattern shall have been issued, the existing personnel of all subsumed entities shall
continue to assume their posts on holdover capacities until new appointments or a
new staffing pattern shall have been issued: Provided, further, That after the
organization and rationalization process, the Department, in coordination with the

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DBM, shall determine and create new positions, the funding requirements of which
shall not exceed the equivalent cost of the positions subsumed.

A Transition Committee’ is hereby created which shall be composed of the
Secretary of the Department, the Secretary of TESDA and the Chairperson of CHED.

The Transition Committee shall facilitate the complete and full operation of
the Department which shall not be later than two (2) years after the effectivity of
this Act. It shall likewise promulgate the implementing rules and regulations
necessary to effectively implement the smooth and orderly transfer to the
Department of the subsumed agencies.

The Transition Committee shall be tasked with the following:

(a) Formulate the necessary implementing rules and regulations of the
Department within sixty (60) days after the effectivity of this Act;

(b) Publish the implementing rules and regulations of the Department within
seventy-five (75) days after the effectivity of this Act;

(©) Create a staffing pattern of the Department, in consultation with the DBM,
within one hundred twenty (120) days after the effectivity of this Act;

(d) Submit to the DBM the Department's budget for fiscal year 2023; and

(e) Implement the training of the personnel of the Department.

The Department shall not be constituted without an appropriation in the 2023
General Appropriations Act; an effective implementing rules and regulations; and a
staffing pattern.

SEC. 18. Structure and Staffing Pattern. - Subject to the approval of the DBM,
the Department shall determine its organizational structure and create new divisions
or units as it may deem necessary, and shall appoint officers and employees of the
Department in accordance with the civil service laws, rules, and regulations.

SEC. 19. Absorption, Separation, and Retirement from Service. — The existing
employees of the transferred and subsumed agencies under this Act shall enjoy
security of tenure and shall be absorbed by the Department, in accordance with the
staffing pattern and the selection process as prescribed under Republic Act No. 6656
or the Government Reorganization Law.

Employees who are affected by the creation of the Department and are
separated from service within six (6) months from the effectivity of this Act as a

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result of the organization and reorganization under this Act shall receive separation
benefits under the Government Reorganization Law, and other applicable laws, rules
and regulations: Provided, That those who are qualified to retire and receive
retirement benefits under existing retirement laws shall be allowed to retire.
Detailed, transferred, or seconded career personnel to the Department from
transferred or subsumed entities or any government entity shall neither lose
seniority in rank or status, nor suffer any diminution of their salaries, allowances, or
other privileges and entitlements.

The foregoing separated employees shall also receive additional separation
incentives, as follows:

(a) Fifty percent (50%) of the actual monthly basic salary for every year of
service, for those who have rendered less than eleven (11) years of service;

(b) Seventy-five percent (75%) of the actual monthly basic salary for every
year of service computed starting from the first (1st) year, for those who have
rendered eleven (11) to less than twenty-one (21) years of service;

(©) The actual monthly basic salary for every year of service, computed
starting from the first (1st) year, for those who have rendered twenty-one (21) to
less than thirty-one (31) years of service; and

(d) One hundred twenty-five percent (125%) of the actual monthly basic
salary for every year of service, computed starting from the first (1st) year, for those
who have rendered thirty-one (31) years of service and above.

Provided, That personnel who will be separated from the service as a result of
the rationalization of the existing offices and will avail themselves of the incentives
under this Act shall not be reemployed in any agency of the Executive Branch for a
period of five (5) years, except as a teaching or medical staff in educational
institutions and hospitals, respectively: Provided, further, That retired or separated
personnel who are reemployed within the prohibited period shall return the
separation incentives received on a pro-rated basis: Provided, finally, That retired or
separated personnel who will undertake consultancy services for the government
shall be governed by Republic Act No. 6713 or the Code of Conduct and Ethical
Standards for Public Officials and Employees.

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For purposes of the additional separation incentives, the actual monthly basic
salary shall refer to the salary of the affected personnel as of the date of approval of
the Department's organizational structure and staffing pattern by the DBM.

SEC. 20. Appropriations.- The amount necessary for the effective
implementation of the provisions of this Act shall be taken from funds available to
the agencies enumerated in Section 16 hereof. Additional requirements shall be
charged to the applicable appropriations under the current General Appropriations
Act. Thereafter, such sum as may be needed for the continued implementation of
this Act shall be included in the annual General Appropriations Act.

SEC. 21. Mandatory Review by the Reorganization Commission. - Five (5)
years after the effectivity of this Act, or as the need arises, the President shall
constitute a Reorganization Commission which shall conduct a systematic evaluation
of the accomplishments and impact of this Act, as well as the performance and
organizational structure of its implementing agencies, for purposes of determining
remedial legislation. In the conduct of this systematic evaluation, the Commission
shall spearhead and facilitate the holding of in-depth consultations with
organizations and stakeholders, national government agencies and civil society to
ensure an evidence-based and data-backed analysis with the appropriate gender and
cultural lens. This evaluation report shall be released and made available to the
stakeholders and the public.

The Commission shall include the Secretaries of the Department, the National
Economic and Development Authority, and the DBM, as members.

SEC. 22. Implementing Rules and Regulations. — Within ninety (90) days from
the effectivity of this Act, the Department, in consultation with government agencies
concerned and other education stakeholders, shall formulate the rules and
regulations to effectively implement the provisions of this Act.

SEC. 23. Separability Clause. — If any part, section or provision of this Act is
declared invalid or unconstitutional, the other parts, sections or provisions hereof,
which are not affected thereby, shall remain in full force and effect.

SEC. 24. Repealing Clause. — All laws, decrees, ordinances, rules, regulations,
other issuances or parts thereof which are inconsistent with this Act are hereby
repealed, amended or modified accordingly.

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1 SEC. 25. Effectivity Clause.- This Act shall take effect fifteen (15) days
2 following its complete publication in two (2) newspapers of general circulation or in
3 the Official Gazette.

Approved,

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