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Republic of the Philippines

HOUSE OF REPRESENTATIVES ATE: F
Quezon City have
2 i ,
SEVENTEENTH CONGRESS \
First Regular Session
House Bill No. 5010

Introduced by Representative RAMON V. A. “RAV” ROCAMORA

EXPLANATORY NOTE

Article XIV, Section 4 (1) of the 1987 Constitution “recognizes the
complementary roles of public and private institutions in the educational system.”
Article XIV, Section 2 (3) mandates that the State “establish and maintain a system of
scholarship grants, student loan programs, subsidies, and other incentives which shall
be available to deserving students in both public and private schools, especially to the
underprivileged.” Given these express policies of the State, Congress enacted Republic
Act No. 6728, or the Government Assistance to Students and Teachers in Private
Education (GASTPE) Act.

The GASTPE Act, passed in 1989, was amended by Republic Act No. 8545 in 1998
in order to expand its application. However, after almost 20 years from the last
amendment, certain developments have occurred in the education system that require
the law to once again adapt to the changes therein. One of these is the passage of
Republic Act No. 10533, or the Enhanced Basic Education Act.

RA 10533 mandated the implementation of the Senior High School program. One
of the strategies being utilized in order to properly implement the said program is to
create partnerships with private educational institutions who are willing and able to
accommodate the public school students who cannot be absorbed by their public
schools due to, among others, the oversized classes, the lack of the chosen Senior High
School offering or track, the absence or deficiency of the needed facilities, etcetera, This
strategy may have provided some measure of relief by decongesting the public school
system, but it has also made it difficult for those students to maximize or even access
the private schools due to financial constraints. These students, who used to receive free
education, are now placed in private schools who charge not only tuition fees, but all
sorts of other fees that the public school student never had to pay. They cannot be left to
fend for themselves in this regard. Thus, as a way of aiding the students who were
transferred to private schools, they must be able to receive the benefits outlined in the
GASTPE, especially the benefits regarding tuition fee supplements and textbook
assistance,

Also, given the partnership between the public and private school systems, it is
only fair that the teachers, as well as the schools themselves, be given benefits and be
duly compensated for receiving the additional workload. Thus, the faculty in private

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Senior High Schools should also be able to access the In-service Training Fund as well as,
receive scholarships for their enrollment in graduate programs to improve their skills
as teachers. As for the private educational institutions themselves, they should be
brought within the coverage of the Expanded Education Service Contracting Scheme for
the utilization of their previously unused capacity where the government will shoulder
the fees of the students who will be enrolled in their schools.

Therefore, since the implementation of the Senior High School program has
already begun this school year 2016-2017, the enactment of this bill is earnestly and

RAMON V.A. “RAV” ROCAMORA
Rejfres¥ntative
Lone District, Siquijor


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

SEVENTEENTH CONGRESS
First Regular Session

House Bill NoOL0

Introduced by Rep. Ramon V.A. “Rav” Rocamora

AN ACT PROVIDING FOR AN EXPANDED VOUCHER SYSTEM IN THE ELEMENTARY,
SECONDARY, AND SENIOR HIGH SCHOOL EDUCATION SYSTEM, 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
mechanism to improve quality in private education, recognizing in the process
the government's responsibility to provide basic elementary [and], secondary,
AND SENIOR HIGH SCHOOL 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 (DEPED) [, Culture
and Sports]. Secondary education is the next four (4) years of basic education
AND SENIOR HIGH EDUCATION IS THE FOLLOWING TWO (2) YEARS
THEREAFTER, the completion of which is attested by a school diploma issued by
or with permission of the DEPED [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


1 diploma issued by or with permission of the Technical Education and Skills
2 Development Authority (TESDA) or the Commission on Higher Education
3 (CHED), respectively.”
4
5 SECTION 2. Section 3 of the same Act, as amended, is hereby further amended to read
6 as follows:
7
8 “SEC. 3, Criteria for Assistance. - The programs for assistance shall be based on a
9 set of criteria which includes, among others, THE FOLLOWING:
10
ah (1) the tuition AND OTHER fees charged by the schools;
12
13 (2) the socio-economic needs of each region giving priority to the
14 [Social Reform Agenda (SRA) provinces] POOREST REGIONS,
15 PROVINCES, OR MUNICIPALITIES AS DETERMINED BY THE
16 APPROPRIATE GOVERNMENT AGENCY;
17
18 (3) the overall performance of the schools;
19
20 (4) the academic qualifications and the financial needs of the schools;
21 and
22
23 (5) _ [as well as] the geographic spread and size of student [population]
24 ENROLLMENT.
25 .
26 In addition to the foregoing criteria, within which such reasonable time as the
27 respective State Assistance Council (COUNCIL) may determine, student grantees
28 under the Private Education Student Financial Assistance Program shall be
29 enrolled in schools which have accredited programs or are applying for
30 accreditation as may be recognized by the respective [State Assistance] Council.
31
32 Preference shall be given to students whose ANNUAL family income is [not more
33 than seventy-two thousand pesos (P 72,000.00) or such amounts as may be
34 determined by the respective councils, as defined hereinafter] BELOW THE
35 POVERTY THRESHOLD INCOME LEVEL IN THEIR RESPECTIVE REGION,
36 PROVINCE, CITY, OR MUNICIPALITY AS DETERMINED BY THE APPROPRIATE
37 GOVERNMENT AGENCY, OR, IN THE ABSENCE OF SUCH DATA, THE NATIONAL
38 POVERTY THRESHOLD INCOME LEVEL AS DETERMINED BY THE NATIONAL
39 ECONOMIC DEVELOPMENT AUTHORITY (NEDA).
40
41 For purposes of this Act, programs of assistance to students and teachers of
42 private post-secondary vocational and technical institutions and higher
43 educational institutions shall likewise be extended to students and teachers of
44 community colleges in degree and non-degree programs. Implementation of the
45 program shall encourage students to undergo post-secondary vocational and
46 technical and higher education courses in the same region where their families
47 reside.
48
49 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 DEPED [Department of
Education, Culture, and Sports (DECS)], the CHED, 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.

SECTION 3. Section 4 of the same Act, 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 TO SCHOOLS.

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

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

(2) [High School] Textbook Assistance Fund; Provided, That the
textbook assistance per student in private ELEMENTARY, SECONDARY,
AND SENIOR high schools shall be determined by the Council and shall
not exceed what students in public ELEMENTARY, SECONDARY, AND
SENIOR high schools are GIVEN {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 AS SET
FORTH [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 graduating as valedictorians and
salutatorians from ELEMENTARY, secondary, AND SENIOR HIGH
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 ELEMENTARY,
SECONDARY, AND SENIOR high 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, SECONDARY,
AND SENIOR HIGH SCHOOL TEACHERS ENROLLED IN QUALITY
GRADUATE PROGRAMS;

(3) PARTICIPATION IN GOVERNMENT FUNDED _ IN-SERVICE
TRAINING FOR PRIVATE ELEMENTARY, SECONDARY, AND SENIOR
HIGH SCHOOL TEACHERS;

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

SECTION 4. Section 5 of the same Act, as amended, is hereby further amended to read
as follows:

“SEC. 5. Tuition Fee Supplements for Students in Private ELEMENTARY,
SECONDARY, AND SENIOR High Schools:

(1) Financial Assistance for tuition for students in private
ELEMENTARY, SECONDARY, AND SENIOR high 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 ELEMENTARY, SECONDARY, AND SENIOR
high 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 2016-2017 [1997-1998];


COraunewne

Provided, That the [State Assistance] Council may in subsequent years
determine additional slots and/or additional _ participating
ELEMENTARY, SECONDARY, AND SENIOR high schools as may be
deemed necessary.”

SECTION 5. Section 6 of the same Act, as amended, is hereby further amended to read

as follows:

“SEC. 6, [High School] Textbook Assistance Fund. - There shall be established in
the DEPED [Department of Education, Culture, and Sports (DECS)] 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, SECONDARY, AND SENIOR high school textbooks [, in support of
the implementation of the Secondary Education Development Program];
Provided, That the textbook assistance per student in private ELEMENTARY,
SECONDARY, AND SENIOR high schools shall be determined by the Council and
shall not exceed what students in public ELEMENTARY, SECONDARY, AND
SENIOR 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.”

SECTION 6. Section 7 of the same Act, as amended, is hereby further amended to read

as follows:
“SEC. 7. Expansion of the Existing Educational Service Contracting (ESC) Scheme.

(a)_ The DEPED [Department of Education, Culture, and Sports (DECS)]
shall continue to enter into contracts with private schools whereby the
government shall shoulder the tuition and other fees of ELEMENTARY,
SECONDARY, AND SENIOR 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.

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

(c) 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 ELEMENTARY, SECONDARY, AND SENIOR high schools.

(a) The DEPED [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.


(e) The amount of assistance AND THE NUMBER OF SLOTS SHALL BE
DETERMINED BY THE COUNCIL AND ALLOCATED [shall be allocated
and distributed] among the sixteen (16) regions in proportion to the
total population as well as the ELEMENTARY, SECONDARY, AND
SENIOR high school age population for the first school year; Provided,
That starting school year 2017 [1998], an equalization scheme shall be
implemented by the [State Assistance] Council.

() The amount of assistance to private ELEMENTARY, SECONDARY,
AND SENIOR high 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 the school year 2016-2017 (1997-1998); Provided, That
the [State Assistance] Council may, in subsequent years determine
additional slots and/or additional participating private ELEMENTARY,
SECONDARY, AND SENIOR high schools a may be deemed necessary.”

SECTION 7. Section 8 of the same Act, 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 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 courses
and the TESDA for non-degree vocational/technical courses in all
secondary AND SENIOR HIGH schools in coordination with the DEPED
[DECS]. The program shall be equitably allocated to REGIONS,
provinces, [and] cities, AND MUNICIPALITIES 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 (P 72,000.00)] THE POVERTY THRESHOLD INCOME LEVEL IN
THEIR RESPECTIVE REGION, PROVINCE, CITY, 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 NEDA.”

SECTION 8. Section 12 of the same Act, 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 ELEMENTARY, secondary, AND SENIOR HIGH
education, there is hereby established in the DEPED [Department of Education,
Culture, and Sports] an Inset Fund to provide for the upgrading of knowledge
and teaching competencies in critical subject areas and for the modernization of
teaching techniques and strategies, including training in the use of computers
and of other multimedia educational technologies to assist instruction; Provided,
That the Inset Fund shall be available only to qualified licensed teachers in
participating private [high] schools as determined by the [State Assistance]
Council; Provided, further, That the amount of Inset Fund available to private
ELEMENTARY, secondary, AND SENIOR HIGH education shall not exceed that
available to public ELEMENTARY, secondary, AND SENIOR HIGH education on a
per capita basis.”

SECTION 9. Section 14 of the same Act, 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 DEPED [DECS] to grant government subsidy to
teachers in private ELEMENTARY, SECONDARY, AND SENIOR high 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
ELEMENTARY, SECONDARY, AND SENIOR high school teachers, shall not be
more than eighty percent (80%) of the salary of his counterpart in the public
sector; Provided, further, That the amount of monthly subsidy shall not exceed
the amount of any monthly salary increase that teachers in public ELEMENTARY,
SECONDARY, AND SENIOR high schools shall, after the effectivity of this Act,
hereinafter receive; Provided, furthermore, That private ELEMENTARY,
SECONDARY, AND SENIOR high school teachers qualified to receive subsidy
under this Act are duly licensed by the Professional Regulation Commission;
Provided, also, 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 ELEMENTARY,
SECONDARY, AND SENIOR high school; Provided, as well, 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.”

SECTION 10, Section 15 of the same Act, 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 DEPED [Department of Education, Culture, and Sports],
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, SECONDARY, AND SENIOR HIGH 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 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 NEDA, 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, SENIOR, post-secondary vocational and technical education, and
higher education as members. The last FIVE (5) [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 year subject to reappointment for a
maximum of four (4)] school years. A representative each from the SENATE
COMMITTEE ON EDUCATION, ARTS, AND CULTURE AND THE CONGRESSIONAL
COMMITTEE ON BASIC EDUCATION AND CULTURE [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, secondary,
SENIOR HIGH 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.”

SECTION 11. Section 16 of the same Act, 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 2018. [The appropriation of one billion pesos (P 1,000,000,000.00) already
appropriated under the General Appropriations Act of 1998 shall be used for this
purpose.]

All funds appropriated for this purpose shall be constituted as a trust fund to be
administered by the [State Assistance] Council, which shall be SEPARATE AND
DISTINCT FROM THE REGULAR APPROPRIATIONS OF THE DEPED, CHED, AND
TESDA 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].

SECTION 12. Section 17 of the same Act, 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 DEPED
[Department of Education, Culture, and Sports], the TESDA, and the CHED, upon
the recommendation of the Council, may bar the institution from participating in


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or benefiting from the programs of this Act, and from other programs of the
DEPED [Department], TESDA, OR CHED, without prejudice to administrative and
criminal charges as may be filed against the school and/or its responsible
officers under existing laws.”

SECTION 13. Separability Clause. - If any section or part of this Act is held
unconstitutional or invalid, the other sections or provisions shall remain in full force
and effect.

SECTION 14. Repealing Clause. - All laws, decrees, executive orders, rules and
regulations, issuances, or any part thereof inconsistent with the provisions of this Act
are deemed repealed or amended accordingly.

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

Approved.