FOURTEENTH CONGRESS OF THE 
) 
REPUBLIC OF THE PHILIPPINES 
1 
First Regular Session 
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S E N A T E  
S. No. 
104 
INTRODUCED BY THE HONORABLE MAR ROXAS 
EXPLANATORY NOTE 
This bill seeks to amend Republic Act No. 7880, also known as the “Fair and Equitable 
Access to Education Act,” with the end view of eliminating the recurring problem of 
classroom shortages in the country, as well as enhancing the process of construction, 
rehabilitation, replacement, completion, and repair of needed school buildings and 
classrooms. 
The enactment of R.A. No. 7880 was aimed at the realization of the mandate under 
Article XIV, Section 2(1) of the Constitution that the State shall “establish, maintain, and 
support a complete, adequate, and integrated system of education relevant to the needs of the 
people and society.” However, the realities of our education system calls for even more 
effective measures to address the challenge of providing adequate and better education to 
Filipinos. As of June 2007, classroom shortage has reached 30,906, which number will 
certainly increase if no remedial measure is implemented. This paucity in physical facilities 
indubitably contributes to the worsening problem of education in our country. 
As presently mandated by R.A. No. 7880, 50% of the total capital outlay for the 
Department of Education (DepEd) is allocated pro rata to districts according to student 
population, while only 40% is allocated to those with classroom shortages. The thrust of this 
bill is to shift priority, for a period of three (3) years, to areas with dearth of classrooms by 
increasing the resource allocation for classroom shortages from 40% to 60% of the total 
capital outlay, while reducing the allocation for capital outlay according to student 
population from 50% to 30%. This is coupled with the proposed increase in annual budget to 
eradicate classroom shortages. 
There is likewise a need to correct the current practice whereby the Department of 
Public Works and Highways (DPWH) implements and administers the school building 
program of the DepEd. From the years 2000 to 2004, only 21,523 were completed out of 
only 28,412 classrooms programmed for construction pursuant to the school building 
program under R.A. No. 7880. 
According to a comparative cost estimate, DPWH’s 
construction cost of a classroom is higher compared to DepEd’s primarily due to DPWHs 
high indirect cost. By itself, DepEd has the capability to undertake school building projects. 
In a joint monitoring of school building projects conducted by the World Bank, DepEd, 
DPWH, and G-Watch, it was found out that DepEd-led school building programs yielded 
better results than those administered by DPWH. The implementation and administration of 
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the school building program should therefore be turned over to DepEd, or to the concerned 
local government unit as may be authorized by DepEd. 
With these amendments, it is hoped that DepEd could more efficiently address the 
problem of classroom shortages. 
In view of the foregoing, approval of this bill is earnestly sought. 


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FOURTEENTH CONGRESS OF THE 
) 
REPUBLIC OF THE PHILIPPINES 
First Regular Session 
S E N A T E  
INTRODUCED BY THE HONORABLE MAR ROUS 
AN ACT 
AMENDING REPUBLIC ACT NO. 7880, OTHERWISE KNOWN AS THE “FAIR AND 
EQUITABLE ACCESS TO EDUCATION ACT.” 
Be it enacted by the Senate and the House of Representatives ofthe Philippines in Congress 
assembled: 
SECTION 1. Section 4 of Republic Act No. 7880 is hereby amended to read as follows: 
SEC. 4. Allocation of Appropriation. - Notwithstanding any provision 
of the law to the contrary, the annual [DECS] DEPED budget for capital 
outlay, as defined in Section 3(a), shall be allocated among the legislative 
districts in the following manner: 
(a) On the first [year] THREE YEARS of the effectivity of this Act: 
[(l) 
thirty percent (30%) of the total capital outlay to be 
allocated pro-rata according to each legislative district’s student 
population in relation to the total student population of the 
country; 
(2) 
sixty percent (60%) of the total capital outlay to be 
allocated only among those legislative districts with classroom 
shortages as defined in Section 3 (b), pro-rata to the total 
classroom shortage of the country pursuant to Section 3 (b) as 
determined by the DECS; and 
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(3) 
ten percent (10%) to be allocated in accordance with the 
implementation of the policy of this Act as may be determined 
by the DECS.] 
(1) 
THIRTY PERCENT (30%) OF THE TOTAL CAPITAL 
OUTLAYTO BE ALLOCATED PRO-RATA ACCORDING TO 
EACH LEGISLATIVE DISTRICT’S STUDENT POPULATION 
IN RELATION TO THE TOTAL STUDENT POPULATION OF 
THE COUNTRY; 
(2) 
SIXTY PERCENT (60%) OF THE TOTAL CAPITAL 
OUTLAY TO BE ALLOCATED ONLY AMONG THOSE 
LEGISLATIVE DISTRICTS WITH CLASSROOM SHORTAGES, 
PRO RATA TO THE TOTAL CLASSROOM SHORTAGE OF 
THE 
COUNTRY 
PURSUANT TO SECTION 3(B) 
AS 
DETERMINED BY THE DEPED; AND 
(3) 
TEN PERCENT (10%) TO BE ALLOCATED IN 
ACCORDANCE WITH THE IMPLEMENTATION OF THE 
POLICY OF THIS ACT AS MAY BE DETERMINED BY THE 
DEPED. 
(b) On the [second] FOURTH year and every year thereafter: 
(1) 
fifty percent (50%) of the total capital outlay to be 
allocated pro-rata according to each legislative district’s student 
population in relation to the total student population of the 
> . 
country; 
(2) 
forty percent (40%) of the total capital outlay to be 
allocated only among those legislative districts with classroom 
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shortages, [as defined in Section 3 (b),] pro-rata to the total 
classroom shortage of the country pursuant to Section 3(b) as 
determined by the DEPED [DECS]; and 
(3) 
ten percent (10%) to be allocated in accordance with the 
implementation of the policy of this Act as may be determined 
by the DEPED [DECS]. 
SEC. 2. Section 5 of the same Act is hereby amended to read as follows: 
SEc. 5. Use of Allocation. - The total amount allocated herein shall be 
used exclusively for capital outlay pursuant to the educational priorities of 
the legislative district, as determined by the DEPED [DECS] upon prior 
consultation with the representative of each legislative district: Provded, 
That the primary objective in the use of any allocation shall be to 
eliminate classroom shortages if any: Provided, hrrhe4 That any amount 
allocated in accordance with subparagraph (1) of paragraphs (a) and (b) of 
the preceding section shall be used only for the acquisition or 
improvement of school sites, construction of school buildings and 
classrooms and the purchase of material or equipment that directly aid in 
education: Provided, finhermore, That the amount so appropriated in 
accordance with subparagraph (2) of paragraphs (a) and (b) of the same 
section shall be used exclusively for the construction of new school 
buildings OR CLASSROOMS: Provided, finally, That if the amount so 
appropriated in subparagraph (2) of paragraphs (a) and (b) should exceed 
offices the amount required to meet classroom shortage, the excess shall 
be integrated with subparagraph (1) of paragraphs (a) and (b) of the same 
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offices. 
section excluding capital outlays of division offices, regional and central 
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SEC. 3. Section 9 of the same Act is hereby amended to read as follows: 
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Sec. [9] 6. Release of Capital Outlays. - The appropriation herein 
provided for the construction, rehabilitation, replacement, completion and 
repair of school buildings shall be [directly released to and administered by 
the Department of Public Works and Highways based on the work program 
submitted by the DECS: Provided, That fifty percent (50%) of the total 
appropriation for capital outlay shall be released automatically on the first 
quarter of the calendar year, including its corresponding notice of cash 
allocation.] RELEASED IN THE FOLLOWING MANNER 
1. ON THE FIRST YEAR OF THE EFFECTIVITY OF THIS ACT 
A. FIFTY PERCENT (50%) OF THE SCHOOL BUILDING 
FUND SHALL BE DIRECTLY RELEASED TO AND 
ADMINISTERED BY THE DEPED OR THE LOCAL 
GOVERNMENT UNIT AS MAY BE AUTHORIZED BY THE 
DFPED, UNDER THE LATTER'S SCHOOL BUILDING 
PROGRAM; 
B. FIFTY PERCENT (50%) OF THE SCHOOL BUILDING 
FUND SHALL BE DIRECTLY RELEASED TO AND 
ADMINISTERED BY THE DEPARTMENT OF PUBLIC 
WORKS AND HIGHWAYS (DPWH) BASED ON THE 
WORK PROGRAM SUBMITTED BY 
THE DEPED; 
PkOVIDED, THAT TWENTY-FIVE PERCENT (25%) OF 
THE TOTAL APPROPRIATION FOR CAPITAL OUTLAY 
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SHALL BE RELEASED AUTOMATICALLY ON THE FIRST 
QUARTER OF THE CALENDAR YEAR, INCLUDING ITS 
CORRESPONDING NOTICE OF CASH ALLOCATION. 
2. ON THE SECOND YEAR OF THE EFFECTIVITY OF THIS 
ACT 
A. SEVENTY PERCENT (70%) OF THE SCHOOLBUILDING 
FUND SHALL BE DIRECTLY RELEASED TO AND 
ADMINISTERED BY THE DEPED OR THE LOCAL 
GOVERNMENT UNIT AS MAY BE AUTHORIZED BY THE 
DEPED, UNDER THE LATTER'S SCHOOL BUILDING 
PROGRAM; 
B. THIRTY PERCENT (30%) OF THE SCHOOLBUILDING 
FUND SHALL BE DIRECTLY RELEASED TO AND 
ADMINISTERED BY THE DPWH BASED ON THE WORK 
PROGRAM SUBMITTED BY THE DEPED; PROVIDED, 
THAT FIFTEEN PERCENT (15%) OF THE TOTAL 
APPROPRIATION FOR CAPITAL OUTLAY SHALL BE 
RELEASED AUTOMATICALLY ON THE FIRST QUARTER 
OF 
THE 
CALENDAR 
YEAR, 
INCLUDING 
ITS 
CORRESPONDING NOTICE OF CASH ALLOCATION. 
3. ON THE THIRD YEAR AND EVERY YEAR THEREAFTER, 
THE SCHOOLBUILDING FUND SHALL BE DIRECTLY 
RELEASED TO AND ADMINISTERED BY THE DEPED OR 
THE 
LOCAL 
GOVERNMENT 
UNIT 
AS 
MAY 
BE 
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AUTHORIZED BY THE DEPED, UNDER THE LATTER’S 
SCHOOL BUILDING PROGRAM. 
SEC. 4. A new Section 7 is hereby inserted to read as follows: 
SEC. 7. INCREASE IN THE ANNUAL BUDGET ALLOCATION. - 
THE BUDGET ALLOCATION PROVIDED FOR THE CAPITAL 
OUTLAY OF THE DEPED SHALL BE INCREASED ANNUALLY TO 
COMPLY WITH THE TARGETED CLASSROOM-STUDENT’ RATIO 
AND TO DECREASE CLASSROOM SHORTAGES IN THE COUNTRY. 
SEC. 5. Sections 6, 7 3 ,  10, 11, and 12 of R.A. 7880 are accordingly renumbered as 
Sections 8,9, 10, 11, 12 and 13, respectively. 
SEC. 6. All references to the “Department of Education, Culture and Sports (DECS)” 
in Sections 2, 3, 4, 5, 6 and 9 of Republic Act No. 7880 are accordingly amended to 
“Department of Education (DEPED).” 
SEC. 7. Repealing Clause. -All laws, decrees and orders or parts thereof 
inconsistent herewith are deemed repealed or modified accordingly. 
SEC. 8. Separability Clause. - The provisions of this Act are hereby declared to be 
separable and, in the event any provision is declared unconstitutional, the other provisions 
which are not affected thereby shall remain in full force and effect. 
SEC. 9. 
Effectivity. - This Act shall take effect fifteen (15) days following its 
publication in a newspaper of general circulation in the Philippines. 
Approved, 
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