Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

18" CONGRESS
First Regular Session

HOUSE BILL NO. 2360

Introduced by REP. EVELINA G. ESCUDERO

EXPLANATORY NOTE

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
Fecognizes 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.

Though preschool is not considered part of the formal educational ladder, it is
included 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

While the government cannot afford to operate and maintain preschools throughout
the country, a considerable number of private facilities offering preschool services have been
established. With the growing number of preschools, there rise 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.

Hence, this bill seeks to address these concerns by promoting quality preschool
education, safeguarding the welfare of children and tempering the rising cost of preschool
education, by establishing a system governing and regulating preschool education in the
country through the definition of standards for the organization and operation of preschool

facilities and services and penalizing failure to observe the required standards for
maintaining a preschool.

I submit.

at
EVELINA G. ESCUDERO


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

18" CONGRESS
First Regular Sessog 9 6

HOUSE BILL NO.

Introduced by REP. EVELINA G. ESCUDERO

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 1
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
Fecognizes 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 froth 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;

(©) 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;

(a) 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;

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;

() 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;

Preschool personnel - collectively refers to the owner, director, teachers and para-

professionals working in a preschool institution.

G

(8)

Chapter I
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 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;

(©) 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
Section10 herein; A

(e) Tax Identification Number of the Owner; and

(f) 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 Gwner 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.

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. ‘The physical development program shall help 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

(d) 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 behavior 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 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

(©) 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;

Promoting language understanding and use in an atmosphere that encourages

each communication among preschool children and between children and adults

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

Encouraging preschool children to organize their experiences and understand

concepts;

(e) 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.

(b)

(@

Sec. 22. Staff-Child Ratio. Each preschool institution shall maintain the following, staff-
child ration:

Age Range of Children Number of Staff Number of Children
(at the time of enrolment)
2 years old ~ 3 years old 1 6
3 years & 1 day ~ 4 years old 1 10
4 years old & 1 day - 5 years 1 2
old

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;

() 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;

(©) 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

(e) 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

(e) 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.

8


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

() 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
9


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 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
(©) 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, atthe 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

(©) 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 eighteen (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

10


(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 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;

(©) 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;

(d) 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

(©) 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 shail
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.

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.

2


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
Tequire the submission of any of the following documents as requisites for enrolment:

(a) marriage certificate of parents;

(b) baptismal certificate of the child;

(©) income tax return of parents/ guardian; and

(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 thé
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;

(©) 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;

(a) 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 early childhood education;

(e) To prescribe the necessary qualifications for the hiring and accreditation of
teachers who will handle 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.

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;

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

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


(e) Fraud or deceit committed in connection with the application for a permit or
Heciigedtlord

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;

(©) 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 preschoot 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.

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.

1s


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,

16