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FOURTEENTH CONGRESS OF THE REPUBLIC) 
OF THE PHILIF'PINES 
1 
Third Regular Session 
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9 .IUL 15 P I  35 
SENATE 
S.B. No. 
Introduced by Senator Miriam Defensor Santiago 
EXPLANATORY NOTE 
The Constitution, Article 11, Sections 13 and 17 provide: 
Section 13. The State recognizes the vital role of the youth in nation- 
building and shall promote and protect their physical, moral, spiritual, 
intellectual, and social well-being. It shall inculcate in the youth patriotism and 
nationalism, and encourage their involvement in public and civic affairs. 
Section 17. The State shall give priority to education, science and 
technology, arts, culture, and sports to foster patriotism and nationalism, 
accelerate social progress, and promote total human liberation and development. 
The Constitution, Article XIV also provides: 
Section 1. 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. 
Section 2. The State shall: 
(1) Establish, maintain, and support a complete, adequate, and integrated 
system of education relevant to the needs of the people and society; 
(2) Establish and maintain, a system of free public education in the 
elementary and high school levels. Without limiting the natural rights of parents 
to rear their children, elementary education is compulsory for all children of 
school age; 


(3) Establish and maintain a system of scholarship grants, student loan 
programs, subsidies, and other incentives whicli shall be available to deserving 
students in both public and private schools, especially to the under-privileged, 
(4) Encourage non-formal, informal, and indigenous learning systems, as 
well as self-leaming, independent, and out-of-school study programs particularly 
those that respond to community needs; and 
(5) Provide adult citizens, the disabled, and out-o€-school youth with 
training in civics, vocational efficiency, and other skills. 
Section 3. (1) All educational institutions shall include the study of the 
Constitution as part of the curricula. 
(2) They shall inculcate patriotism and nationalism, foster love of 
humanity, respect for human rights, appreciation of the role of national heroes in 
the historical development of the country, teach the rights and duties of 
citizenship, strengthen ethical and spiritual values, develop moral character and 
personal discipline, encourage critical and creative thinking, broaden scientific 
and technological knowledge, and promote vocational efficiency. x x x 
Section 4. (I) The State recognizes the complementary roles of public and 
private institutions in the educational system and shall exercise reasonable 
supervision and regulation of all educational institutions. x x x 
Section 5. (1) The State shall take into account regional and sectoral needs 
and conditions and shall encourage local planning in the development of 
educational policies and programs. x x x 
According to the University of the Philippines Population Institute, the functional literacy 
rate among our population is 84% as of 2003. On the other hand, according to statistics from the 
Department of Education (DepEd), the country’s dropout rate in elementary and secondary 
school is among the highest in Asia. In 2005, the country spent only 2.5% of its GDP on 
education. These statistics show the alarming state of education in the country. 
The importance of education cannot be overemphasized. The progress and development 
of a country depends upon the quality of education it provides its people. This Act aims to 
improve the quality of elementary and secondary education in the country by stressing the duty 


of parents to ensure the education of their children, broaden the authority and responsibilities of 
local school boards, and provide students accommodations to improve their school attendance. 


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FOURTEENTH CONGRESS OF THE REPlBLIC) 
OF THE PHILIPPINES 
1 
Third Regular Session 
1 
Introduced by Senator Miriam Defensor Santiago 
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AN ACT 
TO IMPROVE ATTENDANCE IN ELEMENTARY AND SECONDARY SCHOOLS 
Be it enacted by the Senate and the House of Representatives of the Philippines in 
Congress assembled: 
SECTION 1. Short Title. - This Act shall be known as the "School Attendance Act of 
2009." 
SECTION 2. Declaration of Policy. - It is hereby declared the policy of the State 
(a) 
To give priority to education to foster patriotism and nationalism, accelerate 
social progress, and promote total human liberation and development; 
(b) 
To 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; 
(c) 
To establish, maintain, and support a complete, adequate, and integrated 
system of education relevant to the needs of the people and society; and 
(d) 
To recognize the right of every child to an education and to the development of 
his or her skills for the improvement of his or her capacity for service to the country. 
SECTION 3. Duties of Parents. - All parents and those who have the care of children 
shall bring them up in some lawful and honest employment, and instruct them or cause them to 
be instructed in reading, writing, spelling, grammar, geography, arithmetic, and Philippine 
history and the Constitution. Each parent or other person having control of a child five years of 
age and over and under eighteen years of age shall cause such child to attend a public school 
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regularly during the hours and terms the public school in the district in which such child resides 
is in session, unless such child is a high school graduate or the parent or person having control of 
such child is able to show that the child is elsewhere receiving equivalent instruction in the 
studies taught in the public schools. The parent or person having control of a child sixteen or 
seventeen years of age may consent, as provided in this section, to such child’s withdrawal from 
school. Such parent or person shall personally appear at the school district office and sign a 
withdrawal form. The school district shall provide such parent or person with information on the 
educational options available in the school system and in the community. The parent or person 
having control of a child five or six years of age shall have the option of not sending the child to 
school until the child is seven years of age. The parent or person shall exercise such option by 
personally appearing at the school district office and signing an option form. The school district 
shall provide the parent or person with information on the educational opportunities available in 
the school system. 
SECTION 4. Penalty. - Each day’s failure on the part of each parent or person having 
control of a child five years of age and over and under eighteen years of age to comply with 
Section 3 shall be a distinct offense, punishable by a fine not exceeding five hundred pesos 
(P500.00). All offenses concerning the same child shall be charged in separate counts in one 
complaint. When a complaint contains more than one count, the court may give sentence on one 
or more counts and suspend sentence on the remaining counts. If, at the end of twelve weeks 
from the date of the sentence, it appears that the child concerned has attended school regularly 
during that time, judgment on such remaining counts shall not be executed. 
SECTION 5. Duty ofLocal School Boards to Provide School Accommodations. - Each 
provincial, city, or municipal school board shall furnish, by transportation or otherwise, school 
accommodations so that each child five years of age and over and under twenty-one years of age 
who is not a graduate of a high school or vocational school may attend public school. 
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SECTION 6. Private Schools and Instruction. - Attendance of children at a school other 
than a public school shall not be regarded as compliance with this Act requiring parents and 
other persons having control of children to cause them to attend school, unless the teachers or 
persons having control of such school file with the Secretary of Education student attendance 
reports at such times and in such forms as the Secretary prescribes, and make such reports and 
returns concerning the school under their charge to the Secretary, except that no report 
concerning finances shall be required. The Secretary shall furnish to the teachers or persons 
having charge of any school such forms as may be necessary €or compliance with the provisions 
of this section. 
SECTION 7. False Statement as to Age. - Any parent or other person having control of a 
child, who makes any false statement concerning the age of such child with intent to deceive any 
school registrar of vital statistics or the teacher of any school, or instructs a child to make any 
such false statement, shall be fined not more than five thousand pesos (P5,OOO.OO). 
SECTION 8. Policies and Procedures Concerning Truants. - (a) For purposes of this 
section, “truant” means a child age five to eighteen, inclusive, who is enrolled in a public or 
private school and has four unexcused absences from school in any one month or ten unexcused 
absences from school in any school year. 
(b) 
Each local school board shall adopt and implement policies and procedures 
concerning truants who are enrolled in schools under their jurisdiction. Such policies and 
procedures shall include, but need not be limited to, the following: (1) the holding of a meeting 
with the parent of each child who is a trnant, or other person having control of such child, and 
appropriate school personnel to review and evaluate the reasons for the child being a truant, 
provided such meeting shall be held not later than ten school days after the child‘s fourth 
unexcused absence in a month or tenth unexcused absence in a school year; (2) coordinating 
services with and referrals of children to community agencies providing child and family 
services; (3) annually at the beginning of the school year and upon any enrollment during the 
school year, notifying the parent or other person having control of each child enrolled in the 
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public schools in writing of the obligations of the parent or such other person pursuant to Section 
3; (4) annually at the beginning of the school year and upon any enrollment during the school 
year, obtaining from the parent or other person having control of each child a telephone number 
or other means of contacting such parent or such other person during the school day; and (5) a 
system of monitoring individual unexcused absences of children which shall provide that 
whenever a child enrolled in school fails to report to school on a regularly scheduled school day 
and no indication has been received by school personnel that the child’s parent or other person 
having control of the child is aware of the pupil’s absence, a reasonable effort to notify, by 
telephone, the parent or such other person shall be made by school personnel or volunteers under 
the direction of school personnel. 
(c) 
Nothing in this Section shall preclude a provincial, city, or municipal school 
board fiom adopting policies and procedures which exceed the requirements in this Section. 
(d) 
The provisions of this Section shall not apply to any child receiving equivalent 
instruction pursuant to Section 3. 
SECTION 9. Attendance Oficers. - Any provincial, city, or municipal school board shall 
appoint attendance officers. Each attendance officer shall be sworn to the faithful performance 
of his or her duties, and shall be under the direction of the principal or superintendent of schools 
of the school board by which he or she is employed. He or she shall investigate the absence of 
pupils from or the irregular attendance of pupils at school, cause such pupils who are absent or 
irregular in attendance to attend school regularly, and present cases requiring prosecution for 
violation of the school laws to prosecuting officers. 
SECTION 10. Habitual Truants. - Each province, city, or municipality may adopt 
ordinances concerning habitual truants from school and children between the ages of five and 
eighteen years wandering about in the streets or public places, having no lawful occupation and 
not attending school, as shall conduce to their welfare and to public order. For purposes of this 
section, “habitual truant” means a child age five to eighteen, inclusive, who is enrolled in a 
public or private school and has twenty unexcused absences within a school year. 
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SECTION 11. Policy on Dropout Prevention. - Each provincial, city, or municipal 
school board shall adopt a policy on dropout prevention. The policy shall include, but not be 
limited to, the encouragement of (a) local identification of students in kindergarten to fourth year 
high school who are at risk of dropping out of school; (2) the development, expansion, and 
coordination of local services to such students; and (3) the coordination of dropout prevention 
programs administered by government agencies. 
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SECTION 12. Dropout Prevention Grunt Program. - (a) Consistent with the policy 
adopted pursuant to Section 11, the Department of Education shall establish a student dropout 
prevention grant program, in each fiscal year in which funds are appropriated, to assist local and 
regional school districts with the greatest need in decreasing the number of students dropping out 
of school and increasing their graduation rate. Local school boards shall use the grants to 
conduct needs assessments, implement or expand innovative programs, evaluate existing efforts, 
or implement other activities specified in a project plan developed pursuant to subsection (d) of 
this section. 
(b) 
The Secretary of Education shall identify the eligibility criteria for participation in 
the program annually, on or before January fifteenth of each year. Eligibility criteria shall 
include, but not be limited to, graduation rates and educational need. 
(c) 
The Secretary of Education shall identify each local or regional school district 
eligible to participate in the program. Such identification shall be done annually, on or before 
March fifteenth of each year. Grant recipients shall be selected from those school districts so 
identified. Such identification shall not constitute a grant entitlement. 
(d) 
Local school boards in school districts which have been identified pursuant to 
subsection (c) of this section may annually submit grant proposals to the Secretary of Education 
at such time and in such manner as the Secretary prescribes. Each proposal shall be based on a 
three-year project plan; shall include, but not be limited to, project goals, objectives, evaluation 
strategies, staff assignments, and a budget which shall identify local funding and other available 
resources for the three-year period; and may include programs or services which are provided 
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through written agreements with nonprofit organizations or private employers or programs or 
services which are provided to children of school age who are not attending school in order to 
promote their return to school. 
(e) 
Within the availability of funds, the Secretary shall determine whether to 
authorize a grant award to a local school board upon receipt of a grant proposal pursuant to 
subsection (d) of this section and shall determine the amount of any such grant. Such 
authorization shall be made on or before September fifteenth of each fiscal year in which 
payment is to be made. The amount of the award shall be based upon criteria including, but not 
limited to, district enrollment and the proposal submitted pursuant to subsection (d) of this 
section. Of the total amount appropriated in each fiscal year for the purposes of this section, the 
Department of Education (1) may set aside not more than five per cent to provide administrative 
assistance relating to the implementation of this section; and (2) shall set aside five per cent for 
competitive grants for local school boards not eligible to participate in the program pursuant to 
subsection (c) of this section. The timelines for identifyng the eligibility criteria for such 
competitive grants, for identifying school districts eligible for such grants, for submitting 
proposals and for authorizing grant awards shall conform to the respective timelines described in 
this subsection and subsections (b) to (d), inclusive, of this section. 
(0 
Each local school board participating in the grant program shall prepare a 
financial statement of expenditures and an annual project report. The report shall describe the 
project activities and the degree to which the project met its goals and objectives. Such financial 
statements and reports shall be submitted to the department on or before September first of the 
fiscal year immediately following each fiscal year in which the local school board participates in 
the grant program. On or before December thirty-first of the fiscal year following the fiscal year 
in which payment is received, each local school board which receives a grant pursuant to this 
section shall file with the Secretary of Education a financial audit in such form as the Secretary 
prescribes. If the Secretary finds that any such grant is being used for purposes which are not in 
conformity with the purposes of this section, the Secretary may require repayment of the grant. 
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SECTION 13. Rules and Regulations. - The Secretary shall prescribe appropriate rules 
and regulations to carry out the provisions of this Act. 
SECTION 14. Authorization of Appropriations. - To carry out the provisions of this Act, 
there are authorized to be appropriated such sums as may be necessary for each fiscal year. 
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valid and subsisting. 
SECTION 15. Separability Clause. - If any provision, or part hereof is held invalid or 
unconstitutional, the remainder of the law or the provision not otherwise affected shall remain 
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SECTION 16. Repealing Clause. - Any law, presidential decree or issuance, executive 
order, letter of instruction, administrative order, rule or regulation contrary to or inconsistent 
with, the provisions of this Act is hereby repealed, modified, or amended accordingly. 
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SECTION 17. Effectivity Clause. - This Act shall take effect fifteen (15) days after its 
publication in at least two (2) newspapers of general circulation. 
Approved, 
/jab060709 
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