FIFTEENTH CONGRESS OF THE REPUBLIC 
) 
OF THE PHILIPPINES 
) 
First Regular Session 
) 
SENATE 
S. No. 1024 
Introduced by Senator Manuel "Lito" M. Lapid 
. EXPLANATORY NOTE 
The school is the center of the teaching and learning process. From the school 
emanates the generation of youth that will take leadership positions in the future and 
determine the fate of this country. For the pupils and teachers at the basic level, the 
school is proof they hold that government remains true to its commitment to provide 
free, quality accessible education.. 
The school is in the heart of the education 
governance nexus. 
The truism, however, seems to have been lost in the huge bureaucracy that has 
become the Department of Education. The 1987 Constitution provides in Section 1, 
Article XIV that: 
' 
"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." 
With this stated obligation on the part of the State, it has thus become imperative 
to revisit the governance of our basic education structure. 
The Department of 
Education needs a stricter focus on the demands of an effective, relevant and adequate 
educational system for our citizens. There is urgent necessity to enable a decentralized 
environment within the DepEd, so that those who are closer to the communities they 
serve -
the division schools super.intendents and the principals - can take a more 
responsible and accountable hand delivering educational programs, projects and 
services. By reorienting its present structure, removing the administrative burdens that 
pile at its Central Office and bringing policies right where it must be felt - in the school, it 
is hoped that we could achieve beUer outcomes in our education assessments. 
Passage of this b.illis earnestly requested. 
L "LITO" M. LAPID 
Senator 


FIFTEENTH CONGRESS OF THE REPUBLIC 
) 
OF THE PHILIPPINES' 
) 
First Regular Session 
) 
SENATE 
, 
S. No . .1 024 
Introduced by Senator Manuel "Lito" M. Lapid 
AN ACT 
ESTABLISHING AUTHORITY AND ACCOUNTABILITY 
FOR BASIC 
EDUCATION IN THE DEPARTMENT OF EDUCATION, INSTITUTING A 
FRAMEWORK 
FOR 
GOVERNANCE, 
DEFINING 
THE 
ROLES 
AND 
RESPONSIBILITIES FOR BUILDING AND CONSTANTLY IMPROVING AN 
EDUCATION SYSTEM THAT E,NABLES THE FILIPINO CHILDREN, OUT-
OF-SCHOOL YOUTH AND ADULT LEARNERS TO BECOME CARING, 
SELF-RELIANT, 
PRODUCTIVE 
AND 
NATIONALISTIC 
CITIZENS, 
APPROPRIATING FUNDS THEREFOR AND FOR OTHER PURPOSES 
Be it enacted by the Senate and House of Representatives of the Philippines in 
Congress assembled: 
SECTION 1. 
Short Title. - This Act shall be known as the "Governance of 
Basic Education Act of 2010." 
SEC. 2. 
Declaration of Policy. - It is hereby declared the policy of the State 
to protect and promote the right of all citizens to quality basic education and to make 
such education accessible to all by providing all Filipino children a free and compulsory 
education in the elementary level and free education in the high school level. Such 
education shall also include alternative learning systems for out-of-school youth and 
adult learners. It shall be the goal of basic education to provide them with the skills, 
knowledge and values they need' to become caring, self-reliant, productive and 
nationali.stic citizens. 
All Filipino children, out-of-school youth and adult learners have the right to 
receive quality basic education that will enable them to acquire knowledge, to be 
equipped with skills and imbibe the core values they need to develop their potentials to 
the fullest according to their talents and abilities and to grow into responsible and 
committed Filipino citizens. 
It shall be a national commitment to provide the early and young learners an 
environment in the school that is child-centered for them to fully develop their talents 
. and abilities. It shall likewise be a national commitment to provide out-of-school youth 
and adult learners alternative learning systems for them to learn a core of basic 
competencies and receive accreditation for at least the equivalent of a high school 
education. 
The school teacher/learning facilitator shall playa central role in the teaching-
learning process and shall be accountable for achieving higher learning outcomes. 
1 
,: I 


It shall be a national commitment to continuously enhance the status and quality 
of the teaching profession and to promote the employment status, professional 
competence, well-being and working conditions of all teachers and learning facilitators. 
Schools and learning centers shall be established as facilities where 
schoolchildren are able to learn a range of core competencies prescribed for elementary 
and high school education programs or where the out-of-school youth and adult 
learners are provided alternative learning programs. 
The Secretary of Education shall promulgate the broad policy framework defining 
the mission and vision for basic education; the goals for improving the quality of basic 
education in both public and private schools; the policy providing for systems of 
alternative learning and the policy adopting a principle of shared governance. 
Governance of basic education shall begin at the national level. 
It is at the 
regions, divisions, districts and schools and learning centers - herein referred to as the 
field offices -- where the policy and principle for the governance of basic education shall 
be translated into programs, projects and services developed, adapted and offered to fit 
local needs. 
The State shall encourage local initiatives for improving the quality of basic 
education. The State shall ensure that the values, needs and aspirations of a school 
community are reflected in the program of education for the children, out-of-school 
youth and adult learners. Schools and learning centers shall be empowered to make 
decisions on what is best for the learners they serve. 
The State shall orient the education system towards a new paradigm that seeks 
to enhance the delivery of quality basic education in all schools and learning centers. 
For this purpose, the Department of Education shall install the appropriate 
administrative and support systems for the educational thrusts of the field offices. The 
Department of Budget and Management (DBM), the Civil Service Commission (CSC) 
and the Commission on Audit (COA) shall, in the issuance and application of policies, 
rules and regulations, recognize the uniqueness of the educational programs, projects 
and services undertaken. 
. 
SEC.3. 
Purposes and Objectives. - The purposes and objectives of this 
Act are: 
a) To provide the broad framework for the governance of basic education which 
shall set the general directions for educational policies and standards and 
establish authority, accountability and responsibility for achieving higher 
learning outcomes; 
b) To define the roles and responsibilities of the field offices which shall 
implement educational programs, projects and services for the communities 
they serve; 
.' 
c) To make schools and learning centers the most important vehicle for the 
teaching and learning of national values and for developing in the Filipino 
learners love of country and pride in its rich heritage; 
d) To ensure that schools and learning centers receive the kind of focused 
attention they deserve and that educational programs, projects and services 
take into account the interests of all members of the community; 
e) To enable the schools and learning centers to reflect the values of the 
community by allowing teachers/learning facilitators and other staff to have 
the flexibility to serve the needs of all learners; and 
f) To encourage local initiatives for the improvement of schools and learning 
centers and to provide the means by which these improvements may be 
achieved and sustained. . 
2 


, 
SEC. 4. Definition of Terms. - For purposes of this Act, the terms or phrases 
used shall mean or be understood as follows: 
a) Alternative Learning System ~ is a parallel learning system to provide a viable 
alternative to the existing formal education instruction. It encompasses both the 
non-formal and informal sources of knowledge and skills; 
b) Basic Education - refers to the education intended to meet basic learning needs. 
It lays the foundation on which subsequent learning can be based. It 
encompasses early childhood, elementary and high school education as well as 
alternative learning systems for out-of-school youth and adult learners and 
includes education for those with special needs; 
c) Cluster of Schools - is a group of schools which are geographically contiguous 
and brought together to improve the learning outcomes; 
d) Informa/ Education - is a lifelong process of learning by which every person 
acquires and accumulates knowledge, skills, attitudes and insights from daily 
experiences at home, at work, at play and from life itself; 
e) Integrated Schools - is a school that offers a complete basic education in one 
school site. It has unified instructional programs (integrated curriculum for 
elementary/high school); 
f) Learner - is any individual seeking basic literacy skills and functional life skills or 
support services for the improvement of the quality of his/her life; 
g) Learning Center- is a physical space to house learning resources and facilities of 
a learning program for out-of:school youth and adults. It is a venue for face-to-
face learning activities an'd other learning opportunities for community 
development and improvement of the people's quality of life; 
h) Learning Facilitator - is the key learning support person who is responsible for 
supervising/facilitating the learning process and activities of the learner in the 
learning center; 
i) Non-formal Education - is any organized, systematic educational activity carried 
outside the framework of the formal system to provide selected types of learning 
to a segment of the population; 
j) School - is an educational institution, private and public, undertaking educational 
operation with a specific age-group of pupils or students pursuing defined studies 
at defined levels, receiving in~truction from teachers, usually located in a building 
or a group of buildings in a particular site; and 
k) School Head - is a person responsible for the administrative and instructional 
supervision of the school or cluster of schools. 
, CHAPTER I 
GOVERNANCE OF BASIC EDUCATION 
SEC. 5, Governance. - The Department of Education, Culture and Sports, which 
shall henceforth be called the Department of Education, shall be vested with authority, 
accountability and responsibility for ensuring access, promoting equity, and improving 
the quality of basic education. The respective roles and responsibilities of the central 
office and field offices shall be clearly established. 
SEC. 6. Powers, Duties and Functions. - The Secretary of the Department of 
Education shall exercise overall authority and supervision over the operations of the 
Department. 
A. National Level 
The Secretary of Education shall have authority, accountability and 
responsibility for the following: 
1. Formulating national educational policies; 
2. Formulating anationalbasic education plan; 
3 


3. Promulgating national ~ducational standards; 
4. Monitoring and assessing national learning outcomes; 
5. Undertaking national educational research and studies; and 
6. Enhancing the employ(Ylent status, professional competence, welfare and 
working conditions of all personnel of the Department. 
The Secretary of Education shall be assisted by not more than four (4) 
undersecretaries and not more than four (4) assistant secretaries whose 
assignments, duties and responsibilities the Secretary shall determine in the best 
interest of the service. There shall be at least one undersecretary and one 
assistant secretary who shall· be career executive service officers chosen from 
among the staff of the Depart(Ylent. 
Within six (6) months after the approval of this Act, the Secretary of Education 
may propose, for approval by the President of the Philippines, pursuant to the 
Revised Administrative Code of 1987, such changes in the internal structure of 
the Central Office, including fhe staff bureaus, centers and services, as may be 
appropriate to support and facilitate the reforms envisioned in this Act. 
B. Regional Level 
'. There shall be as many regional offices as may be provided by law. Each 
regional office shall have a director, an assistant director and an office staff for 
program promotion and support, planning, administrative and fiscal services. 
1. Duties and Responsibilities of the Regional Director 
The regional director shall have authority, accountability and responsibility 
for the following: 
a. Defining a regional educational policy framework which reflect the 
values, needs and expectations of the communities they serve; 
b. Developing a regional basic education plan; 
c. Developing regional educational standards with a view towards 
benchmarking for international competitiveness; 
d. Monitoring, evaluating and assessing regional learning outcomes; 
e. Undertaking research 
projects and 
developing 
and 
managing 
regionwide projects which may be funded through official development 
assistance and/or other funding agencies; 
f. 
Ensuring strict compliance of prescribed national criteria for the 
recruitment, selection and training of all staff in the region and 
divisions; 
g. Formulating, in coordination with the regional development council, the 
budget to support the regional educational plan which shall take into 
account the educational plans of the divisions and districts; 
h. Determining the organization component of the divisions and districts 
and approving the proposed staffing pattern of all employees in the 
divisions and districts; 
i. 
Hiring, placing and evaluating all employees in the regional office, 
except for ,the position of assistant director; 
j. 
Hiring, placing and' evaluating all division supervisors, school district 
supervisors and all school heads in the region; 
k. Planning and managing the effective and efficient use of all personnel, 
physical and fisc?1 resources of the regional office, including 
professional staff development; 
I. 
Managing the database and management information system of the 
region;' 
. 
m. Approving the establishment of public and private elementary and high 
schools and learning centers; and 
4 


n. Performing such other functions as may be assigned by proper 
authorities. 
2. Career Path for Regional Directors 
The career path for regional directors and assistant regional directors shall 
be as determined by the Career Executive Service Board (CESB). 
C. Division Level 
A division shall consist of a province or a city which shall have a schools 
division superintendent, at least one assistant schools division superintendent 
and an office staff for programs promotion, planning, administrative, fiscal, legal, 
ancillary and other support services. 
1. Duties and responsibilities of Schools Division Superintendents 
The schools division superintendents shall have authority, accountability 
and responsibility for the following: 
a) Developing and implementing division education development plans; 
b) Planning and managing the effective and efficient use of all personnel, 
physical and fiscal resources of the division, including professional staff 
development; 
c) Hiring, placing and evaluating aU employees in the division, both teaching 
and non-teaching, except for the positions of the assistant division 
superintendent, division supervisors, schools district supervisors and 
school heads; 
d) Monitoring the utilizat(on of funds provided by the national government 
and the local government units to the schools and learning centers; 
e) Ensuring compliance 'of quality standards for basic education programs 
and for this purpose'. strengthening the role of division supervisors as 
subject area specialists; 
f) Promoting awareness of and adherence by all schools and learning 
centers to accreditation standards prescribed by the Secretary of 
Education; 
g) Supervising the operations of all public and private elementary, 
secondary and integrated schools, and learning centers; and 
h) Performing such other functions as may be assigned by proper 
authorities. 
2. Career 
Path 
for 
Division 
Superintendents 
and 
Assistant, Division 
Superintendents 
The career path for Division Superintendents and Assistant Division 
Superintendents shall be determined by the Career Executive Service Board. 
D. Schools District Level 
Upon the recommendation of the schools division superintendents, the 
regional director may establish additional schools district within a schools division 
and/or additional district supervisors to be assigned at large to cluster of schools 
within a schools division. 
Schools districts already existing at the time of the 
passage of this law shall continue to be maintained. A schools district shall have 
a schools district supervisor and an office staff for program promotion. 
1. Duties and responsibilities of Schools District Supervisors 
The schools district supervisor shall have authority, accountability and 
responsibility for the following: 
a) Providing instructional support to the cluster of schools and learning 
centers in the district; and 
5 


b) Performing such other functions as may be assigned by proper 
authorities. 
2. Career Path of Schools Qistrict Supervisors 
The Secretary of Education shall develop, promote and implement a career 
path for schools district supervisors. 
E. School Level 
The school shall be the heart of the formal education system. It is where 
children learn. Schools shall have a single aim of providing the best possible 
basic education for all learners. 
1. School Heads 
There shall be a school head for all public elementary schools and public 
high schools or a cluster thereof. 
The establishment of integrated schools 
from existing public elementary and public high schools shall be encouraged. 
The school head, who may be assisted by an assistant school head, shall 
be both an instructional leader and administrative manager. The school head 
shall form a team with the school teachers/learning facilitators for delivery of 
quality educational programs, projects and services. A core of non-teaching 
staff shall handle the school's administrative, fiscal and auxiliary services. 
2. Duties and responsibilities of school heads 
The school heads shall have authority, accountability and responsibility for 
the following: 
a) Setting the mission, vision, goals and objectives of the school; 
b) Creating an environment within the school that is conducive to teaching 
and learning; 
c) Implementing the school curriculum and being accountable for higher 
learning outcomes; 
d) Developing the school education program and school improvement plan; 
e) Offering educational programs, projects and services which provide 
equitable opportunitie~ for all learners in the community; 
f) Establishing school and community networks; 
g) Administering and managing all personnel, physical and fiscal resources 
of the school; 
h) Generating, soliciting and accepting contributions and donations from 
parents, the community, alumni and other benefactors for the purpose of 
upgrading teachers 'II earning facilitators' competencies, improving and 
expanding school facilities and providing instructional materials and 
equipment and being accountable for the proper recording, reporting and 
utilization thereof; and· 
i) Performing such other functions as may be assigned by proper 
authorities. 
3. Career path for school heads 
The Secretary of Education shall develop, promote and implement a career 
path for school heads where promotion shall be based more on merit and 
performance than on the number of teachersllearning facilitators and learners 
in the school. 
The career path, salary grade, status of employment and 
welfare and benefits of school heads shall be the same for public elementary, 
secondary and integrated schools. 
CHAPTER 2 
TRANSFER OF CULTURAL AGENCIES 
6 


SEC. 7. Cultural AgencieS. - The Komisyon ng Wikang Pilipino, National 
Historical Institute, Records Management and Archives Office and the National Library 
shall now be administratively attached to the National Commission for Culture and the 
Arts (NCCA) and no longer with the Department of Education, Culture and Sports now 
the Department of Education. The program for school arts and culture shall remain part 
of the school curriculum. 
. CHAPTER 3 
TRANSFER OF BUREAU OF PHYSICAL EDUCATION AND SCHOOL SPORTS 
SEC. 8. The Bureau of Physical Education and School Sports shall be absorbed 
by the Philippine Sports Commiss(on. The program for school sports and physical 
fitness shall remain part of the school curriculum. 
CHAPTER 4 
SUPPORT AND ASSISTANCE 
OF OTHER GOVERNMENT AGENCIES 
SEC. 9. The Department of Education shall determine the administrative and 
support systems required to implement a new paradigm that will enhance the delivery of 
quality basic education. For this purpose, the Secretary of Education and the Secretary 
of Budget and Management shall, within ninety (9D) days from the approval of this Act, 
jointly promulgate the guidelines to .implement fully the principle of shared governance 
promulgated herein, particularly the allocation, distribution and utilization of resources 
provided by the national governmenffor the field offices. 
Henceforth, the Secretary of the Department of Education shall ensure that: (1) 
resources appropriated for the field 'offices are adequate; (2) that resources for school 
personnel, school desks and textbooks and other instructional materials allocated to the 
proper field offices are not contained in any lump sum appropriations in the budget of 
the central office; and (3) that such resources are transferred directly by the Department 
of Budget and Management to the proper field offices. 
SEC. 10. The Department of Education shall collaborate with the Civil Service 
Commission for the issuance of appropriate personnel policy rules and regulations that 
will best meet the requirements of the teaching profession taking into consideration the 
uniqueness of the working conditions of the teaching service. 
. 
Henceforth, the Secretary of the Department of Education shall ensure that 
personnel policies, rules and regulations issued and implemented by the Civil Service 
Commission are relevant, responsive and supportive of the teaching service. 
SEC. 11, The Department of Education shall collaborate with the Commission on 
Audit for the issuance of appropriate audit rules and regulations that will guide the 
utilization of all resources as well as the liquidation, recording and reporting thereof 
taking into account the different cha~acteristics and distinct features of the agency's field 
offices, its organizational set-up as well as the nature of the operations of schools and 
learning centers. 
, CHAPTER 5 
FINANCE 
SEC. 12. School Innovation and Improvement Fund. - For the effective 
implementation of this Act, there· is hereby established a School Innovation and 
Improvement Fund (SIIF) for which the sum of Ten Billion Pesos (PiD,DDD,DDD,DDD.DD) 
is hereby appropriated. Such amount shall be in addition to whatever appropriation shall 
7 


be approved for the Department of E;ducation for the fiscal year following the approval of 
this Act. 
The SIIF shall enable the schools to improve the teaching-learning process by 
making available to teachers/learning facilitators and learners a wide range of audio-
visual and/or multi-media facilities: tools and equipment, including computers and 
access to Internet, and other appropriate educational technologies that will aid 
instruction and enhance learning. 
The SIIF shall be utilized in accordance with the guidelines to be promulgated by 
the Secretary of Education; Provided, That the SIIF to be allocated to each of the public 
schools shall not be less than Two Hundred Thousand Pesos (P200,000.00); 
Provided, further, that such allocated SIIF shall be in addition to the regular allotment for 
maintenance and other operating expenses (MOO E) of the schools provided in the 
General Appropriations Act in subsequent years following the approval of this Act. 
CHAPTER 6 
FINAL PROVISIONS 
SEC. 13. The Regional EdL!cation Secretary for the Autonomous Region in 
Muslim Mindanao (ARMM) shall exercise similar governance authority over the 
divisions, districts, schools and learning centers in the region as may be provided in the 
Organic Act. 
SEC. 14. Rules and Regulations. - The Secretary of Education shall promulgate 
the implementing rules and regulations within ninety (90) days after the approval of this 
Act which may include a period not to exceed two (2) years after the approval of this Act 
within which to fully implement the principle of shared governance. There shall be an 
automatic review of the implementation of the Act seven (7) years from the date of 
approval of this Act. 
SEC. 15. Separability Clause. - If any portion or provision of this Act shall be 
declared unconstitutional, such declaration shall not invalidate other parts thereof which 
shall remain in full force and effect. 
SEC. 16. Repealing Clause. - All laws, rules and regulations or parts thereof 
inconsistent with the provisions of thi~ Act are hereby repealed or modified accordingly. 
SEC. 17. Effectivity Clause. this Act shall take effect fifteen (15) days following 
the publication in at least two (2) newspapers of general circulation. 
Approved, 
8