• < 
FIFTEENTH CONGRESS OF THE 
REPUBLIC OF THE PHILIPPINES 
First Regular Session 
) 
) 
) 
SEN/!..1 L 
IIW'flCE Of TrE SECRETARY, 
HI 
JUL 21 All :06 
Introduced by Senator FRANCIS G. ESCUDERO 
EXPLANATORY NOTE 
The State recognizes 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. 
An issuance by the Department of Education as early as 1989 puts it most 
accurately: 
"During these critical years, basic character, values, abilities, personality, 
skills, aptitude, attitudes and knowledge are formed. These qualities when 
properly developed shape the individual's overall perspective and 
preparedness for life. It has been confirmed by studies that the experiences 
and the learning that preschool children undergo during the first six years 
of their life have a lasting effect on their intellectual development as well 
as on the development of their social and physical skills." (DECS Order 
No. 107, s. 1989) 
Notwithstanding its acknowledged importance in early childhood 
development, preschool is not considered part of the formal educa tiona I ladder. 
At best, it is casually subsumed 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. Further, the standards 
prescribed by the Department of Education for the organization and operation of 
preschools are at best discretionary. 
As the government cannot afford to operate and maintain preschools 
throughout the country, private sector participation steps in to fill this void. While 
school education is not a required component of the formal education structure, a 
considerable number of facilities offering preschool services, legitimate or 
otherwise, has been established. The growing number of preschools gives rise to 
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. 
This bill seeks to promote quality preschool education, safeguard the 
welfare of children and temper the rising cost of preschool education, by 
establis~ing 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. 
In view of the foregoing, the immediate passage of this bill is sought. 


FIFTEENTH CONGRESS OF THE 
REPUBLIC OF THE PHILIPPINES 
First Regular Session 
) 
) 
) 
SENATE 
S. B. No. _2094 
Introduced by Senator FRANCIS G. ESCUJ)ERO 
, 
AN ACT 
~Ii' 
ill' 27 
((j" 'n'" 
Y 
o,.J".,L 
" 
f1, I "<,W 
GOVERNING 
THE 
SYSTEM 
OF 
PRESCI-IOOt 
EDUCATION 
BY 
PRESCRIBING STANDARDS AND REGULATIONS OF PRESCHOOL 
FACiLITIES AND SERVICES 
Be il enllcted by the Senale and the House of Representalives of Ihe Philippines in 
Congress assembled: 
1 
Chapter 1 
2 
TITLE AND DECLARATION OF POLICY 
3 
4 
Section 1. Shari Title. This Act shall be known as "Governance in Preschool 
5 
Education Act." 
6 
7 
Sec. 2. Dec/amlion of Policy. It is hereby declared the policy of the State to 
8 
uphold the vital role of children in nation-building by instituting measures that 
9 
shall promote and protect their physical, moral, spiritual, intellectual and social 
lOwell-being. 
11 
12 
The State recognizes the importance of early childhood development and 
13 
the role it plays in achieving the country's educational goals and objectives. The 
14 
State further recognizes that preschool education is a fundamental component of 
15 
early childhood development and is a necessary means to ensure that a child, 
16 
one of the most important assets of the nation, acquires the essential educational 
17 
foundation for his/her development and to attain his/her fullest potential as a 
18 
human being. 
19 
20 
The State commits to uphold the rights of children to access quality 
21 
education and assistance, including proper care and nutrition, and special 
22 
protection from all forms of neglect, abuse, cruelty and exploitation, and other 
2J 
conditions prejudicial to their development. As such, the State shall promote and 
24 
safeguard the welfare of children and uphold their best interests by encouraging 
25 
the establishment of quality preschool education through the definition of 
26 
standards for the organization and operation of preschool facilities and services 
27 
in the country. 
28 
29 
S~c. 3. Definition a/Terms. The terms used in this Act are defined as follows: 
30 
31 
(a) Child abuse - refers to the acts described in Section 3(b) of Republic Act 
32 
No. 7610, or the SpeCial Protection of Children Against Abuse, 


2 
3 
4 
5 
6 
7 
8 
9 
10 
11 
12 
13 
14 
15 
16 
17 
18 
19 
20 
21 
22 
23 
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; 
(c) 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; 
(d) 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; 
(e) 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; 
(f) 
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; 
(g) Preschool personnel - collectively refers to the owner, director, teachers 
and para-professionals working in a preschool institution. 
24 
Chapter II 
25 
COVERAGe 
26 
27 
Sec. 4. Coverage. This Act shall cover all privately owned preschool 
28 
institutions and other private educational institutions providing elementary, 
29 
secondary and post-secondary education that also offer preschool services. 
30 
31 
. A preschool entity or organization contracted by the government as its 
32 
partner in the Preschool Service Contracting Scheme (PSCP) of the Department 
33 
shall not be covered by this Act when the delivery of educational services are 
34 
solely devoted to the implementation of the PSCP. 
35 
36 
Chapter III 
37 
ESTABLISHMENT AND LICENSING 
38 
39 
Sec. 5. Establishment of II Preschool. A private preschool institution shall be 
40 
established in accordance with law and its operations shall be subject to prior 
41 
authorization of the Department. No preschool institution shall operate without 
42 
first applying for a permit to operate and obtaining the same from the 
43 
Department. 
44 
45 
Sec. 6. Application for Il Permit to Operate. The Owner of a preschool institution 
46 
shall file the application for a permit to operate a preschool. He/She shall have 
47 
the following qualifications: 
48 
49 
(a) Possesses a college degree in a discipline allied to education with at 
50 
least eighteen (18) units of preschool education course; and 
51 
(b) Must not have been convicted of any crime involving child abuse, 
52 
sexual abuse or any other crime committed against children. 
2 


1 
If the owner of the preschool is a juridical entity, the President of such 
2 
entity shall possess the above-prescribed qualifications. 
3 
4 
The Department has the discretion to impose additional qualifications 
5 
before a person may be able to apply for and be granted a permit to operate a 
6 
preschool. 
7 
8 
Sec. 7. l<equirements for Application to Operate a Preschool. The Department 
, 
9 
shall not issue a permit to operate a preschool unless the following documents 
10 
and infbrmation are s1~bmitted: 
1 1 
12 
(a) A complete application form, which includes a list of all the 
13 
preschool personnel, including volunteers and substitvtes, and the 
14 
list of household members as prescribed in Section 9 herein, if 
15 
applicable; 
16 
(b) Draft preschool curriculum or program to be implemented; 
17 
(c) Inspection report showing COmpliance with all safety rules issued 
18 
by the local government unit; 
19 
(d) Certification showing completion of pre-licensing inspections as 
20 
prescribed in Section10 herein; 
21 
(e) Tax Identification Number of the Owner; and 
22 
(f) Statement of Legal Background 
23 
24 
The Owner shall sign the application for a permit to operate a preschool 
25 
under oath to certify that all its contents and attachments are true and correct. 
26 
27 
Sec. 8. Statement of Legal Background. The Owner of the preschool shall 
28 
submit a Statement of Legal Backgrovnd signed vnder oath by each member of 
29 
the preschool personnel, eighteen (18) years old and above. The Statement of 
30 
Legal Background shall include all contacts of the preschool personnel with law 
31 
enforcers, whether or not such contacts may have resvlted to prosecvtion. 
32 
33 
Sec. 9. Disclosure of Household Members. If the preschool is located within a 
34 
private residence, the Owner shall submit the names of all household members 
35 
eighteen (18) years old and above. 
36 
37 
Sec. 10. Pre-Licensing Inspection. After the filing of the application for a 
38 
permit to operate, a preschool institution shall be subjected to pre-licensing 
39 
inspections before it can be allowed to start its operations. 
40 
41 
Sec. 11. Display of Permit. The owner shall, at all times, display the 
42 
operating permit, whether provisional or permanent, in a prominent place 
43 
clearly visible to the parents and the public. 
44 
, 
45 
Sec. 12. Licensed Capacitll- The permit shall indicat~ the licensed capacity to 
46 
operate the preschooL A preschool institution shall not exceed its licensed 
47 
capaCity during the period of effectivity of the granted permit. An increase in the 
48 
capacity shall require another application for a new permit to operate. 
49 
50 
Sec. 13. Changes in the Permit. If a substantial change in the permit to 
51 
operate a preschool is needed, the owner shall submit a new application. 
3 


Sec. 14. Operation without a Permit. The operation of a preschool institution 
2 
without authorization, or in violation of the permit granted, is a violation that 
3 
may be subject to the penalties provided under Chapter XI of this Act. 
4 
5 
Sec. 15. Strict Compliance of Standards. A preschool institution shall be 
6 
required to comply with the standards set under this Act and also to that of the 
7 
other administrative regulations and orders issued by the Department, under 
8 
pain of penalty of the Owner and all other preschool personnel responsible for 
9 
non-compliance of these standards. 
10 
11 
12 
Chapter IV 
13 
PRESCHOOL PROGRAM 
14 
15 
Sec. 16. Curriculum Development. The Department shall develop the 
16 
curriculum prescribed for 'preschool edl)Cation consistent with the universally 
17 
accepted norms and standards, including values formation, and to periodically 
18 
review such for purposes of upgrading. 
[9 
20 
Private preschool institutions shall henceforth implement the appropriate 
21 
curriculum prescribed by the Department. 
22 
23 
Sec. 17. Developmentally Appropriate Experiences. The preschool program 
24 
shall incorporate the use of developmentally appropriate <?xperiences in physical 
25 
development, social development, supportive emotional and social environment, 
26 
intellectual and cognitive development, staff-child ratio, language of learning, 
27 
and parental involvement. Such programs aim to develop the preschool 
28 
children's intra personal and interpersonal skills as well as enhancing their self-
29 
management and independence. 
30 
31 
The program shall also include appropriate learning activities and 
32 
teaching techniques in accordance with each child's level of comprehension and 
33 
maturation. 
. 
34 
35 
Sec. 18. The physical development program shall help the gross and fine 
36 
motor coordination of a child through play and manipulative activities like 
37 
games, simple work and those that develop physical fitness, and through: 
38 
39 
(a) Adequate indoor and outdoor space pursuant to Chapter V of this Act; 
40 
(b) Developmentally appropriate materials and equipment, in sufficient 
41 
quantity to allow choice, and providing supervised time for children 
42 
to use large and small muscles to increase their physical skills; 
43 
(c) Appropriate guidance while the school children use equipment and 
44 
materials that promote their phYSical growth; and 
45 
(d) Developmentally appropriate information about health as an integral 
46 
part of program activities. 
47 
48 
Sec. 19. Social Development Program. The social development program shall 
49 
help develop skills and behavior pertaining to independence and social behavior 
50 
including development of health habits and independence in dressing, eating, 
51 
sleeping and toileting, relating with teachers, peers and other people through 
52 
group play and/ or interaction. It also deals with the development of ability to 
53 
follow rules and routines. 
4 


2 
3 
4 
5 
6 
7 
8 
9 
The program shall likewise promote the development of social skills and 
social interactions by providing positive guidance with clear and consistent rules 
presentEid in developmentally appropriate ways such as positive adult and peer 
role m~dels, focusing on the level of the child. 
10 
11 
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 comnltlnity. The program shall provide a supportive social 
and emotional climate that: 
12 
(a) Enhances the preschool children~s tmderstanding of themselves as 
13 
individuals, and in relation to others, by providing for individ\lal, 
14 
small group, and large group activities; 
15 
(b) Gives preschool children many opportunities for success through 
16 
developmentally appropriate program activities; and 
17 
(c) Provides an environment of acceptance that helps preschool children 
18 
develop positive self-concept, enhance their individual strengths, build 
19 
ethnic pride, and facilitate social relationships. 
20 
21 
Sec. 21. Intellectual and Cognitive Development Program. The intellectual and 
22 
cognitive development program shall include activities that promote the 
23 
development of intellectual skills particularly in the areas of communication 
24 
skills and sensory-perceptual and numeric concepts and skills by: 
25 
26 
(a) Encouraging preschool children to solve problems, initiate activities, 
27 
explore, experiment, question, and gain mastery through learning by 
28 
doing concrete experimental learning; 
29 
(b) Promoting language understanding and use in an atmosphere that 
30 
encourages each communication among preschool children and 
31 
between children and adults; 
32 
(c) 
Utilizing a curriculum in which a variety of skills are integrated into 
33 
activities targeted toward the interest of preschool children; 
34 
(d) Encouraging preschool children to organize their experiences and 
35 
understand concepts; 
36 
(e) 
Utilizing a language experience approach to introduce printed 
37 
materials according to the individual deveJopmental level of the 
38 
preschool children; and 
39 
(f~ 
Providing a daily balance of activities in the following dimensions: 
40 
indoor and outdoor; quiet and active; individual and group; large 
41 
and small groups; child and staff initiated; and structured and 
42 
spontaneous. 
43 
44 
Sec. 22. Staff-Child F.atio. Each preschool institution shall maintain the 
45 
following staff-child ration: 
46 
Age Range of Children 
(at the time of enrolment) 
2 years old - 3 years old 
3 years & 1 day - 4 years old 
4 years old & 1 day - 5 years 
old 
Number of Staff 
1 
1 
1 
Number of Children 
6 
10 
12 
5 


I 
Only the personnel directly involved with the immedi;lte care and 
2 
teaching of children shall be considered in determining the staff-child ratio. 
3 
4 
5 
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10 
I I 
12 
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15 
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18 
19 
20 
21 
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24 
2S 
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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 langvage 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; 
(c) 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. T11e 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: 
28 
(a) Participation in classroom and other preschool activities as volunteers 
29 
or observers; 
30 
(b) Parent training, education or other activities that parents helped 
31 
develop; 
32 
(c) Working with the child in cooperation with preschool personnel; 
33 
(d) Meeting with preschool personnel and other appropriate staff 
34 
regarding the child's individual needs and progress or other systems 
35 
of communication developed with the parent; and 
36 
(e) Periodic home visits by preschool personnel. 
37 
38 
39 
40 
41 
Chapter V 
PHYSICAL ENVIRONMENT 
42 
Sec. 25. Adequate Facilities and Appropriate Physical Environment. Each 
43 
preschool institution shall ensure that the children enrolled are provided with 
44 
adequate facilities and given the appropriate physical environment. 
45 
46 
The Owner and/ or Director shall ensure that: 
47 
48 
(a) All facilities within the school premises, including the floors, walls and 
49 
ceilings, and other areas not considered when computing activity 
50 
space under Section 26 are clean and maintained properly; 
51 
(b) There is at least one toilet seat for every twenty-five (25) children at 
52 
one time which is conveniently accessible to the children; 
6 


(c) Sufficient water supply is available to the children during the hours of 
2 
operation; 
3 
(d) The sewage and garbage facilities in the school premises are clean and 
4 
that proper disposal of garbage is maintained to prevent health 
5 
hazards; and 
6 
(e) A telephone line is available in the school premises. 
7 
8 
Sec. 26. Activity Space. A preschool institution shall have a minimum lot 
9 
area of five hundred (500) square meters. The area may be divided into a 
10 
minimum of one hundred forty (140) square meters for the classroom or indoor 
II 
activity space and three hundred Sixty (360) square meters for the playground or 
12 
outdoor activity space. This area shall be good for not more than four (4) classes 
13 
only. 
14 
15 
Toilets, kitchens, passageways, storage space, cabinets and other spaces 
16 
not used to directly deliver educational services as defined in this Act shall not 
17 
be considered when computing the activity space. 
18 
19 
The Owner and/ or Director shall ensure that the indoor activity space is 
20 
well ventilated and classrooms are adequately lit. 
21 
22 
Sec. 27. Outdoor Activity Space. A preschool institution shall have enough 
23 
space for playground or outdoor activities; otherwise, easy and safe access to the 
24 
nearest park or open space not more than two hundred (200) meters walking 
25 
distance from the school site may be presented as an alternative. This 
26 
arrangement shall be approved in writing by the authorized representative of the 
27 
park or open space. 
28 
29 
The Owner and/ or Director shall ensure that the preschool institution 
30 
complies with the following regulations concerning outdoor activity space used 
31 
by the children: 
32 
33 
34 
35 
36 
37 
38 
39 
40 
41 
(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 
(c) The grounds shall be kept neat and clean, free from insects and rodents, 
and properly sloped or drained to prevent stagnant water collection. 
42 
The use of the nearest park or open space, instead of a playground within 
43 
preschool premises, as outdoor activity space does not excuse the Owner and/ or 
44 
Director from ensuring that the above regulations are met. 
45 
46 
Sec. 28. Use of School Building. The building from where the preschool 
47 
operates shall be used solely for educational purposes. Its conversion into a 
48 
residential or commercial purpose, even if done after class hours, shall be strictly 
49 
prohibited. 
50 
51 
Sec. 29. Provision of Furniture, Equipment and /<elated Milteriais. The 
52 
furniture, eqliipment and materials allocated for the use of the school shall be of 
53 
sufficient qllantity, quality and variety to meet the needs of the preschool 
7 


children and shall be arranged in a way as to facilitate learning, assure a 
2 
balanced program of spontaneous and structure activities, and encourage self-
3 
reliance in the children. 
4 
5 
Sec. 30. Provision of Safe Environment. The preschool premises shall be free 
6 
from potential accident hazards such as diggings, uncovered wells, broken 
7 
glasses, open electric wires, unsafe electrical outlets, and other similar matters. 
8 
The Owner and/ or Director shall provide the necessary safety measures and 
9 
equipment to ensure that preschool children may enjoy a healthy and hazard-
10 
free environment. 
II 
12 
13 
Chapter VI 
14 
QUALIFICATIONS OF PRESCHOOl" PERSONNEL 
IS 
16 
. Sec. 31. Composition of Preschool Personnel. 
There shall be preschool 
17 
personnel in each pres(hool institution which shall be basically composed of a 
18 
director, teachers and para- professionals. 
19 
20 
For purposes of this Act, the Owner of the preschool institution shall be 
21 
considered part of the preschool personnel if he/ she has contact with the 
22 
students therein. 
23 
24 
Sec. 32. The Director. The Director shall plan, implement, supervise, 
25 
monitor and evaluate a school program along with the other competent members 
26 
of the preschool personnel. I-Ie/She shall possess the follOWing qualifications: 
27 
28 
29 
30 
31 
32 
33 
(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 
(c) At least two (2) years of very satisfactory work experience in a school 
setup. ' 
34 
The Director's experience in preschool teaching with very satisfactory 
35 
performance may, at the discretion of the Department, be considered in place of 
36 
the preschool education course units required. 
37 
38 
Sec. 33. The Teacher. The teacher shall be directly in charge with the 
39 
handling of preschool children. He/She shall possess any of the following 
40 
qualifications: 
41 
42 
43 
44 
45 
46 
47 
48 
49 
50 
(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 
(c) Bachelor of Arts/Science degree in a discipline allied to education, arts, 
nursing, or anthropology with eighteen (18) units of preschool 
education. 
51 
Provided, That upon appointment, the teacher shall have at least six (6) 
52 
units' of preschool education subject: Provided, further, That the requirement of 
8 


eighteen (18) units of preschool education may be gradually implemented as 
2 
follows: 
3 
4 
(a) At the end of Year 1, nine (9) units shall already be earned; 
5 
(b) At the end of Year 2, twelve (12) units; 
6 
(c) At the end of Year 3, fifteen (15) units; and 
7 
(d) At the end of Year 4, eighteen (18) units. 
8 
9 
Sec. 34 .. The Pam-Professional. The para-professiona], e~ployed as a teacher 
10 
aide, teacher helper, 01' assistant teacher, shall have the following qualifications: 
I I 
12 
(a) Should at least be a high school graduate; and 
13 
(b) Has attended training on preschool education for at least one lwndred 
14 
twenty (120) hours with a certificate from a recognized training 
IS 
institution 01' professional organization. 
16 
17 
Sec. 35. Personnel for Emergency. The preschool institution shall, at all times, 
18 
have standby personnel within the school premises that are trained in emergency 
19 
medical first aid response. 
20 
21 
22 
Chapter VII 
23 
DUTIES AND RESPONSIBILITIES OF THE PRESCHOOL PERSONNEL 
24 
25 
Sec. 36. General Eesponsibililies. The preschool personnel shall have the 
26 
following general responsibilities: 
27 
28 
(a) Promote and protect the physical, moral, intellectual and social well-
29 
' being of the preschool children; 
30 
(b) Provide the preschool children with proper care and nutrition; 
31 
(c) Take all measures to protect the preschool children from all forms of 
32 
neglect, abuse, cruelty and exploitation, and such other conditions that 
33 
are prejudicial to their safety and development; 
34 
(d) Ensure that the standards prescribed under this Act and such other 
35 
rules, regulations and orders relative to the concerns of preschool 
36 
children are properly observed and followed; 
37 
(e) Perform his/her duties in accordance with the policy declared and the 
38 
responsibilities prescribed under this Act; and 
39 
(f) Uphold the best interest of the preschool children. 
40 
41 
Sec. 37. Academic Eesponsibililies. The preschool personnel shall likewise 
42 
have the following academic responsibilities: 
43 
44 
(a) Improve professionally by keeping himself/herself abreast with the 
45 
latest trends and techniques in preschool education and child care; 
46 
(b) Assume, promote and maintain an atmosphere conducive to the 
47· 
child's learning; and 
48 
(c) Be knowledgeable on the rights of the child as provided for in the 
49 
Convention on the Rights of the Child and on other existing laws and 
SO 
to uphold these rights in the performance of their duties. 
51 
9 


Sec. 38. Adequate Supervision. The preschool personnel designated by the 
2 
owner to take charge of the preschool children shall be responsible in providing 
3 
adequate supervision and control over the children in attendance. 
4 
5 
The preschool personnel shall have adequate knowledge on the 
6 
whereabouts of each and every preschool child in attendance and shall always 
7 
position themselves within the sight or hearing distance of every child under 
8 
their supervision. 
9 
10 
Negligence or willful lack of supervision on the part of the preschool 
II 
personnel shall be a basis [or suspension or revocation of the preschool's permit 
12 
to operate, without prejvdice to the imposition of the appropriate penalties as 
13 
prescribed lmder Chapter Xl of this Act. 
14 
15 
Sec. 39. Discipline of Children. No preschool personnel shall be allowed to 
16 
inflict any form of physical punishment on any child in attendance i\S a means of 
17 
imposing discipline. 
18 
19 
Preschool personnel shall also be prohibited to impose discipline to a 
20 
preschool child through any of the following means; abvsive or profane 
21 
langvage; denial of food; forced napping; svbjection to derogatory remarks abovt 
22 
the child or his/her family; threats of physical punishment; yelling or screaming; 
23 
or any other similar forms of discipline. 
24 
25 
Sec. 40. Overall Obligation. Unless otherwise provided herein, compliance 
26 
with all the standards imposed by this Act shall be the responsibility of the 
27 
Owner of the preschool institvtion. Failvre to comply with these standards shall 
28 
merit the imposition of appropriate penalties for the owner without prejudice to 
29 
the imposition of liability against any other member of the school's personnel if 
30 
found to have committed any act of negligence. 
31 
32 
33 
Chapter VIII 
34 
FEES, CONTRIBUTIONS AND DONATIONS 
35 
36 
Sec. 41. School Fees. The preschool institution shall determine its rate of 
37 
tuition, miscellaneovs fees and other charges. The fees and other charges 
38 
imposed by the preschool and their application and vse shall be subject to the 
39 
rules and regulations issved by the Department. 
40 
41 
The application for permit of new preschool shall include information on 
42 
tuition, miscellaneovs fees, and other charges. 
43 
44 
SjCc. 42. Authority to l~eguillte School Fees. The Department shall have the 
45 
authority to regulate the fees charged by a preschool institution based on the pre-
46 
established objective standards that the fees charged shall not be arbitrary, 
47 
excessive and onerovs. 
48 
49 
The pre-established standards that determine whether the fees d1arged 
50 
are arbitrary, excessive and onerous may relate to indicators svch as profit 
51 
margin and rate of increase. Qualitative factors such as improvement of facilities, 
52 
qvalifications of teaching and non- teaching personnel, and quality of cmricvlvm 
53 
offered may also serve as indicators together with the qvantitative factors for the 
10 


purpose of lie tel' mining if the fees charged by a preschool institution are fair and 
2 
reasonable. 
3 
4 
Sec. 43. Prohibition on Contribution and Solicitation. 1\ preschool institution 
5 
shall be prohibited from collecting any kind or form of contribution and 
6 
solicitation as a precondition for the preschool children's continued school 
7 
admission or for their completion of the program. 
8 
9 
Sec. 44. Issuance of Official [\eceipt. A preschool instit~ltion shall be required 
10 
to issue an official receipt for all fees, charges and contributions received in the 
11 
course of its operations. 
12 
13 
Sec. 4:;;. Report of Financial Performance. The owner of the preschool 
14 
institution, upon application for renewal of permit to operate, shall submit to the 
15 
Department a copy of the financial performance of the pn;school for the previous 
16 
year or for i) longer period as may be determined by the Department. 
17 
18 
The financial report shall expressly indicate amount of tuition, 
19 
miscellaneous fees, other charges, gifts and donations collected and/ or received 
20 
by the preschool institution during the period covered by the report. 
21 
22 
23 
Chapter IX 
24 
RULE IN ADMISSION 
25 
26 
Sec. 46. Non-discrimination in Admission. No child shall be refused 
27 
admission in a preschool institution on the basis of legitimacy or illegitimacy, sex, 
28 
social status, religion, political antecedents, and other related factors. I\s such, 
29 
the preschool institution shall not require the submission of any of the following 
30 
documents as requisites for enrolment: 
31 
32 
(a) marriage certificate of parents; 
33 
(b) baptismal certificate of the child; 
34 
(c) income tax return of parents/ guardian; and 
35 
(d) all other documents solely intended to identify the child's legitimacy 
36 
or illegitimacy, sex, social status, religion, political antecedents, and 
37 
other related factors. 
38 
39 
The policy against non-discrimination shall be read in consonance with 
40 
the principles of religiOUS freedom in cases where the entity operating the 
41 
preschool is a religious institution. 
42 
43 
Sec. 47. Atmosphere of Tolerance and Acceptance. The preschool institution 
44 
shall promote an atmosphere of tolerance and acceptance. No child shall be 
45 
disadvantaged, treated differently 01' discriminated in any manner in a preschool 
46 
on the basis of the factors described in the preceding section. 
47 
48 
Chapter X 
49 
IMPLEMENTING AND REGVLATING Al,)THORITY 
50 
51 
Sec. 48. Implementing Agency. The authority to regulate the organization, 
52 
operation and/ or implementation of the preschool edvcation program shall be 
53 
vested upon the Department, through the Bureau of Elementary bducation. 
II 


2 
Sec. 49. Duties, Powers and Functions. The Department shall have the 
3 
following duties, powers and functions: 
4 
5 
6 
7 
8 
9 
10 
1 1 
12 
13 
14 
IS 
16 
17 
18 
19 
20 
(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 £ol,lnd violating 
Department nIles and regulations and/ or fOl,lnd operating without a 
permit or Certificate of Recognition; 
(c) To develop the curricl,llum for preschool education consistent with the 
universally accepted norms and standards, 
including values 
formation, and to periodically review such for purposes of upgrading; 
(d) 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 
21 
program; and 
22 
(f) To formulate the necessary guidelines and regulatory standards 111 
23 
connection with the operation of private preschool institutions. 
24 
25 
Chapter XI 
26 
LIABILITIES AND PENALTIES 
27 
28 
Sec. 50. Unauthorized Preschool Operation. Any person operating a 
29 
preschOOl institution without a permit or authority from the Department shall 
30 
suffer the penalty of at least one (1) month imprisonment and/ or a fine not 
31 
exceeding Five Thousand Pesos (1'5,000.00) for every day of operation without a 
32 
permit to operate, subject to the discretion of the Court. 
33 
34 
The person liable under this section mayor may not be the owner of the 
35 
preschool institution being operated without a permit or authority. 
36 
37 
Sec. 51. Administrative Snnclions. The Department shall prescribe and 
38 
impose administrative sanctions against the Owner of the preschool institution 
39 
that it may deem reasonable and appropriate for any of the following causes: 
40 
41 
(a) Unauthorized operation of a preschool, without prejudice to the filing of 
42 
a case against the owner pursuant to the immediately preceding section; 
43 
(b) Negligence or wilful lack of supervision of children; 
44 
(c) Failure to comply with any of the obligations or standards prescribed by 
45 
this Act; 
46 
(d) Gross inefficiency of the teaching or non-teaching personnel; or 
47 
(e) Fraud or deceit committed in connection with the application for a permit 
48 
or recognition. 
49 
50 
The imposition of administrative sanctions by the Department shall be 
51 
limited only to the following: 
52 
53 
(a) Suspension or revocation of permit to operate; 
12 


1 
(b) Temporary or permanent closure of the preschool facility and service; 
2 
(c) Fines and penalties; and 
3 
(d) Prohibition to operate a preschool service or facility or any other 
4 
educational institution. 
5 
6 
Sec. 52. Civil Penalties. Any preschool personnel, who shall commit any act 
7 
or omission, whether intentional or due to negligence, related to the preschool 
8 
operations that may have resulted to any damage or injury on the child enrolled 
9 
therein, shall be liable to pay damages, fines and! or other civil penalties. 
10 
11 
Sec. 53. Penal Provisions. In addition to the imposition of any of the above 
12 
administrative sanctions or civil penalties, preschool personnel found to have 
13 
violated any provision of this Act shall be liable to the penal sanctions prescribed 
14 
under the Revised Penal Code and other special laws with penal provisions such 
15 
as the Child and Youth Welfare Code, the Anti-Child Abuse Act, and the 
16 
Juvenile Justice and Welfare Act. 
17 
18 
Sec. 54. Liability of a Corpomtion. If any of the foregoing acts or omissions is 
19 
committed by a corporation, the President and the responsible officers of the 
20 
corporation and! or other persons responsible for the offense or violation shall be 
21 
held liable for the administrative, civil and penal sanctions. 
22 
23 
24 
Chapter XII 
25 
FINAL PROVISIONS 
26 
27 
Sec. 55. Implementing Rules and Regula./ions. The Department of E<;Iucation 
28 
shall, upon consultation with the Department of Social Welfare and 
29 
Development, Department of Health and the Department of the Interior and 
30 
Local Government, promulgate the necessary Implementing Rules and 
31 
Regulations within ninety (90) days after the effectivity of this Act. 
32 
33 
Sec. 56. Transilory Provision. Preschool institutions that are already in 
34 
operation and have been complying with the orders issued by the Department 
35 
prior to this Act shall be given one (1) year from the effectivity of this Act to 
36 
comply with the standards prescribed herein. 
37 
38 
Sec. 57. Statutory Construction. In case of doubt, the interpretation of any of 
39 
the provisions of this Act shall be construed liberaJly in favor of the protection 
40 
and promotion of the paramount interest of the preschool child. 
41 
42 
Sec. 58. Separability Clause. If any provision of this Act is held invalid or 
43 
unconstitutional, the same shall not affect the validity and effectivity of the other 
44 
provisions thereof. 
45 
46 
Sec. 59. J<.epealing Clause. All laws, decrees, executive orders and rules and 
47 
regulations, or parts thereof, that are contrary to or inconsistent with the 
48 
provisions of this Act are hereby repealed or modified accordingly. 
49 
50 
Sec. 60. Effectivity Clause. This Act shall take effect fifteen (15) days after its 
51 
publication in at least two (2) newspapers of general circulation. 
52 
53 
Approved, 
13