FIFTEENTH CONGRESS )
REPUBLIC OF THE PHILIPPINES )
FIRST REGULAR SESSION )

HOUSE OF REPRESENTATIVES

Introduced by Representative Rufus B. Rodriguez and
Representative Maximo B. Rodriguez, Jr.

6C2

House Bill Ne

EXPLANATORY NOTE

This bill was originally introduced as House Bill No. 3448 by the undersigned
Rufus B. Rodriguez during the Fourteenth Congress. It was approved by the
Committee on Basic Education and Culture as substitute House Bill No. 7188 under
Committee Report No. 2656, dated February 3, 2010.

This bill seeks to amend Republic Act No. 7880, otherwise known as the
“Fair and Equitable Access to Education Act.”

Republic Act No. 7880 was enacted to allocate among the legislative districts
the annual budget of the Department of Education (formerly Department of
Education, Culture and Sports) for capital outlay in the following manner: 50% is
based on student population; 40% is based on classroom shortage; and 10% as
determined by the Department of Education.

The Sectoral Performance Audit Report conducted by the Commission on
Audit, Department of Education and the Department of Public Works and Highways
on the school building program for the elementary education showed that a number of
schools in highly urbanized areas, with huge number of enrollees, are allocated with
school building funds even if they are not experiencing classroom shortages. As a
result, they have been using their share of the budget to construct non-academic
structures, while other areas continue to experience classroom shortage.

The shift in allocation of the capital outlay from student population to
classroom shortage will allow a fairer distribution of the appropriation for areas Where
classrooms are most needed.

In view of the foregoing consideration, immediate approval of this bill is
highly recommended. .

RUFYS B. Ri! [GUEZ

We

MAXIMO B. RODRIGUEZ, JR.


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City, Metro Manila

Fifteenth Congress
First Regular Session

HOUSE BILL No. 62

Introduced by the Honorable Rufus B. Rodriguez and
Honorable Maximo B. Rodriguez, Jr.

AN ACT
RESTRUCTURING THE ALLOCATION OF THE DEPARTMENT
OF EDUCATION’S BUDGET FOR CAPITAL OUTLAY,
AMENDING FOR THE PURPOSE REPUBLIC ACT NO. 7880,
OTHERWISE KNOWN AS THE “FAIR AND EQUITABLE
ACCESS TO EDUCATION ACT” AND FOR OTHER PURPOSES.

Be it enacted by the Senate and House of Representatives of the
Philippines in Congress assembled:

SECTION 1. Section 3 of Republic Act No. 7880 is hereby amended to read as
follows:

“SEC. 3. Definition of Terms. ~ As used in this Act, the following terms are
hereby defined as follows:

(a) Capital Outlay — refers to the provisions of the General Appropriations Act,
Particularly those pertaining to the budget of the DEPED for elementary and
secondary education for the construction, replacement, rehabilitation and
repair of buildings, classrooms, libraries, workshops, toilets and other
structures;

(®) Classroom — refers to a structure or building intended for instructional
purposes, including the chairs, tablet armchairs and other similar fixtures; and

shall exclude offices, libraries, laboratories, workshops and the like; and


(©) Classroom Shortage — refers to a condition where the number of students
when divided by the existing number of classrooms shall result in a student-

classroom ratio of more than 40:1.
SECTION 2. Section 4 of the same Act is hereby amended to read as follows:

“SEC. 4, Allocation of Appropriation ~ Notwithstanding any provision of the
law to the contrary, the annual DEPED budget for capital outlay, as defined in Section
3(a), shall be allocated among the legislative districts in the following manner:

(A) Ten Percent (10%) 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;

(B) Eighty Percent (80%) of the total capital outlay to be allocated only
among those legislative districts with classroom shortages as defined in
Section 3(¢), pro-rata, to the total classroom shortage of the country
pursuant to Section 3(c) as determined by the DEPED; and

(C) Ten Percent (10%) to be allocated in accordance with the implementation
of the policy of this Act as may be determined by the DEPED.

SECTION 3. 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 upon prior consultation with the representative
of each legislative district: Provided, That the primary objective in the use of any
allocation shall be to eliminate school building/classroom shortages and to rehabilitate
and repair existing school buildings and classrooms.

SECTION 4. Section 6 of Implementing Rules and Regulations of the same Act is
hereby deleted and in lieu thereof, a new Section 6 is hereby added, which shall read
as follows:

“SEC.6. Reportorial Requirement — The Department of Budget and
Management (DBM), the Department of Public Works and Highways (DPWH), and


the Department of Education (DEPED) are hereby required to submit to the respective
committees on education of both houses of Congress an annual report on the release
and utilization of the capital outlay under this Act: Provided, That such submission
shall be separate and distinct from the reports they submit to Congress related to
deliberations on the annual General Appropriations Act.

SECTION S. Section 8 of the same Act is hereby amended to read as follows:

“SEC.8. Penal Clause — Any violation of the provisions of this Act shall be
considered as dereliction of duty as set forth in pertinent administrative and civil
service laws, and shall be administratively dealt with in accordance with appropriate
existing administrative procedures and penalties.

“Any public official or employee or private individual who willfully or
knowingly misappropriates the funds allocated herein or uses the same for personal
gain in violation of Section 5 of this Act shall be punished with perpetual
disqualification from public office and imprisonment for not less than six (6) years
but not more than fifteen (15) years.

SECTION 6. All references to the “Department of Education, Culture and Sports” or
“DECS” under Republic Act No. 7880 are hereby amended to read as “Department of
Education or “DepED”, respectively.

SECTION 7. Implementing Rules and Regulations. The Department of Education
shall, upon consultation with the Department of Budget and Management and the
Department of Public Works and Highways, promulgate the necessary rules and
regulations for the immediate and effective implementation of this Act within a period
of sixty (60) days after its effectivity.

SECTION 8. Repealing Clause — All laws, decrees, orders, rules and regulations,

and other issuances or parts thereof, that are contrary to or inconsistent with this Act
are hereby repealed or amended accordingly.


SECTION 9. Separability Clause ~ If, for any reason, any part or provision of this
Act is subsequently declared invalid or unconstitutional, the validity of the remaining
provisions hereof shall remain in full force and effect.

SECTION 10. Effectivity - This Act shall take effect fifteen (15) days following its

publication in at least two (2) national newspapers of general circulation.

Approved,