Republic of the Philippines
HOUSE OF REPRESENTATIVES.
Quezon City

17" CONGRE!
First Regular Session

2
nouse pitLNo._ 3214 PFO'CTR ATION UNIT

Pe. NO INDEX 87

Introduced by REP. EVELINA G. ESCUDERO

EXPLANATORY NOTE

The State recognizes the importance of early childhood development and the role it
plays in achieving the country’s educational goals and objectives. The State further
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.

Though preschool is not considered part of the formal educational ladder, it is
included by the Fducation Act of 1982 under the umbrella of Elementary Education, the
first stage of compulsory, formal education primarily concerned with providing basic
education.

While the government cannot afford to operate and maintain preschools
throughout the country, a considerable number of private facilities offering preschool
services have been established. With the growing number of preschools, there rise 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

Hence, this bill seeks to address these concerns by promoting quality preschool
education, safeguarding the welfare of children and tempering the rising cost of preschool
education, by establishing 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.

I submit,

EVELINA G, ESCUDERO


Republic of the Philippines
HOUSE OF REPRESENTATIVES.
Quezon City

17" CONGRESS
First Regular Session

9
HOUSE BILLNO,__ 8214

Introduced by REP, ELINA C

SUDERO.

AN ACT
GOVERNING THE SYSTEM OF PRESCHOOL EDUCATION BY PRESCRIBING
STANDARDS AND REGULATIONS OF PRESCHOOL FACILITIES AND SERVICES

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

Chapter 1
TITLE AND DECLARATION OF POLICY

Section 1. Short Title. This Act shall be known as “Governance in Preschool
Education Act.”

Sec. 2. Declaration of Policy. It is hereby declared the policy of the State to uphold the
vital role of children in nation-building, by instituting measures that shall promote and
protect their physical, moral, spiritual, intellectual and social well-being,

The State recognizes the importance of early childhood development and the role it
plays in achieving the country’s educational goals and objectives. The State further
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,

The State commits to uphold the rights of children to access quality education and
assistance, including proper care and nutrition, and special protection from all forms of
neglect, abuse, cruelty and exploitation, and other conditions prejudicial to their
development. As such, the State shall promote and safeguard the welfare of children and
uphold their best interests by encouraging the establishment of quality preschool
education through the definition of standards for the organization and operation of
preschool facilities and services in the country

Sec, 3. Definition of Terms. The terms used in this Act are defined as follows:

(a) Child abuse - refers to the acts described in Section 3(b) of Republic Act No. 7610,
or the Special Protection of Children Against Abuse, Exploitation and

g



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;

(a) 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;

(8) Preschool children - refers to children five (5) years old and below who qualify
for admission and enrolment in pri
preschool education;

(g) Preschool personnel - collectively refers to the owner, director, teachers and para-
professionals working in a preschool institution

school facilities or services offering

Chapter IT
COVERAGE

Sec. 4.Coverage. This Act shall cover all privately owned preschool institutions and
other private educational institutions providing elementary, secondary and post-
secondary education that also offer preschool services

A preschool entity or organization contracted by the government as its partner in
the Preschool Service Contracting Scheme (PSCP) of the Department shall not be covered
by this Act when the delivery of educational services are solely devoted to the
implementation of the PSCP.

Chapter III
ESTABLISHMENT AND LICENSING

Sec. 5. Establishment of a Preschool. A private preschool institution shall be
established in accordance with law and its operations shall be subject to prior
authorization of the Department. No preschool institution shall operate without first
applying for a permit to operate and obtaining, the same from the Department,

Sec. 6. Application for a Permit to Operate, The Owner of a preschool institution shall file
the application for a permit to operate a preschool. He/She shall have the following
qualifications:

(a) Possesses a college degree in a discipline allied to education with at least
eighteen (18) units of preschool education course; and

3


(b) Must not have been convicted of any crime involving child abuse, sexual
abuse or any other crime committed against children.
If the owner of the preschool is a juridical entity, the President of such entity shall
possess the above-prescribed qualifications.

‘The Department has the discretion to impose additional qualifications before a
person may be able to apply for and be granted a permit to operate a preschool

Sec. 7. Requirements for Application to Operate a Preschool. The Department shall not
issue a permit to operate a preschool unless the following documents and information are
submitted:

(a) A complete application form, which includes a list of all the preschool
personnel, including volunteers and substitutes, and the list of household
members as prescribed in Section 9 herein, if applicable;

(b) Draft preschool curriculum or program to be implemented;

(c) Inspection report showing compliance with all safety rules issued by the
local government unit;

(d) Certification showing completion of pre-licensing inspections as prescribed
in Section10 herein;

(e) Tax Identification Number of the Owner; and

(P Statement of Legal Background

The Owner shall sign the application for a permit to operate a preschool under oath
to certify that all its contents and attachments are true and correct.

Sec. 8. Statement of Legal Background. The Owner of the preschool shall submit a
Statement of Legal Background signed under oath by each member of the preschool
personnel, eighteen (18) years old and above. The Statement of Legal Background shall
include all contacts of the preschool personnel with law enforcers, whether or not such
contacts may have resulted to prosecution,

See, 9, Disclosure of Houseliold Members. If the preschool is located within a private
residence, the Owner shall submit the names of all household members eighteen (18)
years old and above.

See, 10. Pre-Licensing Inspection. After the filing, of the application for a permit to
operate, a preschool institution shall be subjected to pre-licensing, inspections before it can
be allowed to start its operations.

Sec. 11, Display of Permit. The owner shall, at all times, display the operating permit,
whether provisional or permanent, in a prominent place clearly visible to the parents and
the public

Sec. 12, Licensed Capacity. The permit shall indicate the licensed capacity to operate
the preschool. A preschool institution shall not exceed its licensed capacity during the
period of effectivity of the granted permit. An increase in the capacity shall require
another application for a new permit to operate,

4



Sec. 13. Changes in the Permit. If a substantial change in the permit to operate a
preschool is needed, the owner shall submit a new application.

Sec. 14, Operation without a Permit, The operation of a preschool institution without
authorization, or in violation of the permit granted, is a violation that may be subject to
the penalties provided under Chapter XI of this Act

Sec. 15. Strict Compliance of Standards, A preschool institution shall be required to
comply with the standards set under this Act and also to that of the other administrative
regulations and orders issued by the Department, under pain of penalty of the Owner and
all other preschool personnel responsible for non-compliance of these standards.

Chapter IV
PRESCHOOL PROGRAM

Sec, 16. Curriculum Development. The Department shall develop the curriculum
prescribed for ‘preschool education consistent with the universally accepted norms and
standards, including values formation, and to periodically review such for purposes of
upgrading,

Private preschool institutions shall henceforth implement the appropriate
curriculum prescribed by the Department

Sec, 17. Developmentally Appropriate Experiences. The preschool program shall
incorporate the use of developmentally appropriate experiences in physical development,
social development, supportive emotional and social environment, intellectual and
cognitive development, staff-child ratio, language of learning, and parental involvement.
Such programs aim to develop the preschool children’s intrapersonal and interpersonal
skills as well as enhancing their self-management and independence.

The program shall also include appropriate learning activities and teaching
techniques in accordance with each child's level of comprehension and maturation

Sec. 18. The physical development program shall help the gross and fine motor
coordination of a child through play and manipulative activities like games, simple work
and those that develop physical fitness, and through:

(a) Adequate indoor and outdoor space pursuant to Chapter V of this Act;

(b) Developmentally appropriate materials and equipment, in sufficient quantity
to allow choice, and providing supervised time for children to use large and
small muscles to increase their physical skills;

(6) Appropriate guidance while the school children use equipment and materials
that promote their physical growth; and

(d) Developmentally appropriate information about health as an integral part of
program activities,



Sec, 19. Social Development Program, The social development program shall help
develop skills and behavior pertaining to independence and social behavior including
development of health habits and independence in dressing, eating, sleeping and toileting,
relating with teachers, peers and other people through group play and/or interaction. It
also deals with the development of ability to follow rules and routines.

The program shall likewise promote the development of social skills and social
interactions by providing positive guidance with clear and consistent rules presented in
developmentally appropriate ways such as positive adult and peer role models, focusing,
on the level of the child.

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 community.
The program shall provide a supportive social and emotional climate that

(a) Enhances the preschool children’s understanding of themselves as individuals,
and in relation to others, by providing for individual, small group, and large
group activities;

(b) Gives preschool children many opportunities for success through
developmentally appropriate program activities; and

(c) Provides an environment of acceptance that helps preschool children develop
positive self-concept, enhance their individual strengths, build ethnic pride, and
facilitate social relationships.

Sec. 21. Intellectual and Cognitive Development Program. The intellectual and cognitive
development program shall include activities that promote the development of
intellectual skills particularly in the areas of communication skills and sensory-perceptual
and numeric concepts and skills by:

(a) Encouraging preschool children to solve problems, initiate activities, explore,
experiment, question, and gain mastery through learning by doing concrete
experimental learning;

(b) Promoting language understanding and use in an atmosphere that encourages
each communication among preschool children and between children and
adults;

(c) Utilizing a curriculum in which a variety of skills are integrated into activities
targeted toward the interest of preschool children;

(a) Encouraging preschool children to organize their experiences and understand
concepts;

(ec) Utilizing a language experience approach to introduce printed materials
according, to the individual developmental level of the preschool children; and

(f) Providing a daily balance of activities in the following dimensions: indoor and
outdoor; quiet and active; individual and group; large and small groups; child
and staff initiated; and structured and spontaneous.

Sec, 22. Staff-Child Ratio, Each preschool institution shall maintain the following,
staff-child ration:

6


Age Range of Children Number of Staff Number of Children
(at the time of enrolment)

2 years old = 3 years old 1 6

3 years & 1 day ~ 4 years old 1 10

4 years old & 1 day ~5 years 1 12
old

Only the personnel directly involved with the immediate care and teaching of
children shall be considered in determining the staff-child ratio.

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 language 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;

(©) 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. The 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:

(a) Participation in classroom and other preschool activities as volunteers or
observers;

(b) Parent training, education or other activities that parents helped develop;

(c) Working with the child in cooperation with preschool personnel;

(d) Meeting, with preschool personnel and other appropriate staff regarding the
child’s individual needs and progress or other systems of communication
developed with the parent; and

(c) Periodic home visits by preschool personnel.

Chapter V
PHYSICAL ENVIRONMENT


Sec, 25. Adequate Facilities and Appropriate Physical Environment. Each preschool
institution shall ensure that the children enrolled are provided with adequate facilities
and given the appropriate physical environment.

The Owner and/or Director shall ensure that:

(a) All facilities within the school premises, including the floors, walls and ceilings,
and other areas not considered when computing activity space under Section 26
are clean and maintained properly;

(b) There is at least one toilet seat for every twenty-five (25) children at one time
which is conveniently accessible to the children;

(0) Sufficient water supply is available to the children during the hours of
operation;

(d) The sewage and garbage facilities in the school premises are clean and that
proper disposal of garbage is maintained to prevent health hazards; and

(e) A telephone line is available in the school premises.

Sec, 26. Activity Space. A preschool institution shall have a minimum lot area of five
hundred (500) square meters. The area may be divided into a minimum of one hundred
forty (140) square meters for the classroom or indoor activity space and three hundred
sixty (360) square meters for the playground or outdoor activity space. This area shall be
good for not more than four (4) classes only.

Toilets, kitchens, passageways, storage space, cabinets and other spaces not used to
directly deliver educational services as defined in this Act shall not be considered when
computing the activity space.

The Owner and/or Director shall ensure that the indoor activity space is well
ventilated and classrooms are adequately lit

Sec. 27, Outdoor Activity Space. A preschool institution shall have enough space for
playground or outdoor activities; otherwise, easy and safe access to the nearest park or
open space not more than two hundred (200) meters walking distance from the school site
may be presented as an alternative. This arrangement shall be approved in writing by the
authorized representative of the park or open space.

The Owner and/or Director shall ensure that the preschool institution complies
with the following regulations concerning outdoor activity space used by the children:

(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

(6) The grounds shall be kept neat and clean, free from insects and rodents, and

loped or drained to prevent stagnant water collection.



The use of the nearest park or open space, instead of a playground within
preschool premises, as outdoor activity space does not excuse the Owner and/or Director
from ensuring that the above regulations are met.

Sec. 28. Use of School Building. The building from where the preschool operates shall
be used solely for educational purposes, Its conversion into a residential or commercial
purpose, even if done after class hours, shall be strictly prohibited,

See, 29. Provision of Furniture, Equipment and Related Materials. The furniture,
equipment and materials allocated for the use of the school shall be of sufficient quantity,
quality and variety to meet the needs of the preschool children and shall be arranged in a
way as to facilitate learning, assure a balanced program of spontaneous and structure
activities, and encourage self-reliance in the children.

Sec. 30. Provision of Safe Environment, The preschool premises shall be free from
potential accident hazards such as diggings, uncovered wells, broken glasses, open
electric wires, unsafe electrical outlets, and other similar matters. The Owner and/or
Director shall provide the necessary safety measures and equipment to ensure that
preschool children may enjoy a healthy and hazard-free environment.

Chapter VI
QUALIFICATIONS OF PRESCHOOL PERSONNEL

Sec. 31. Composition of Preschool Personnel. There shall be preschool personnel in
cach preschool institution which shall be basically composed of a director, teachers and
para- professionals.

For purposes of this Act, the Owner of the preschool institution shall be considered
part of the preschool personnel if he/she has contact with the students therein.

See. 32. The Director. The Director shall plan, implement, supervise, monitor and
evaluate a school program along with the other competent members of the preschool
personnel. He/She shall possess the following qualifications

(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.

The Director’s experience in preschool teaching with very satisfactory performance
may, at the discretion of the Department, be considered in place of the preschool
education course units required.

Sec. 33. The Teacher, The teacher shall be directly in charge with the handling of
preschool children, He/She shall possess any of the following qualifications:


(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.

Provided, That upon appointment, the teacher shall have at least six (6) units of
preschool education subject: Provided, further, That the requirement of eighteen (18) units
of preschool education may be graduaily implemented as follo

(a) At the end of Year 1, nine (9) units shall already be earned;
(b) At the end of Year 2, twelve (12) units;

(c) At the end of Year 3, fifteen (15) units; and

(d) At the end of Year 4, eighteen (18) units.

Sec. 34. The Para-Professional. The paraprofessional, employed as a teacher aide,
teacher helper, or assistant teacher, shall have the following qualifications:

(a) Should at least be a high school graduate; and

(b) Has attended training on preschool education for at least one hundred twenty
(120) hours with a certificate from a recognized training institution or
professional organization.

Sec. 35. Personnel for Emergency. The preschool institution shall, at all times, have
standby personnel within the school premises that are trained in emergency medical first
aid response.

Chapter VII
DUTIES AND RESPONSIBILITIES OF THE PRESCHOOL PERSONNEL

Sec, 36. General Responsibilities, The preschool personnel shall have the following
general responsibilities

(a) Promote and protect the physical, moral, intellectual and social well-being of
the preschool children;

(b) Provide the preschool children with proper care and nutrition;

(0) Take all measures to protect the preschool children from all forms of neglect,
abuse, cruelty and exploitation, and such other conditions that are prejudicial to
their safety and development;

(@) Ensure that the standards prescribed under this Act and such other rules,
regulations and orders relative to the concerns of preschool children are
properly observed and followed;

(c) Perform his/her duties in accordance with the policy declared and the
responsibilities prescribed under this Act; and

() Uphold the best interest of the preschool children.

10



Sec. 37. Academic Responsibilities. The preschool personnel shall likewise have the
following academic responsibilities:

(a) Improve professionally by keeping himself/herself abreast with the latest
trends and techniques in preschool education and child care;

(b) Assume, promote and maintain an atmosphere conducive to the child’s
learning; and

(c) Be knowledgeable on the rights of the child as provided for in the Convention
on the Rights of the Child and on other existing laws and to uphold these rights
in the performance of their duties.

Sec. 38. Adequate Supervision, The preschool personnel designated b
take charge of the preschool children shall be res
supervision and control over the children in attendance.

the owner to
ponsible in providing adequate

The preschool personnel shall have adequate knowledge on the whereabouts of
each and every preschool child in attendance and shall always position themselves within
the sight or hearing distance of every child under their supervision.

Negligence or willful lack of supervision on the part of the preschool personnel
shall be a basis for suspension or revocation of the preschool's permit to operate, without
prejudice to the imposition of the appropriate penalties as prescribed under Chapter XI of
this Act.

Sec. 39. Discipline of Children. No preschool personnel shall be allowed to inflict any
form of physical punishment on any child in attendance as a means of imposing discipline.

Preschool personnel shall also be prohibited to impose discipline to a preschool
child through any of the following means: abusive or profane language; denial of food;
forced napping; subjection to derogatory remarks about the child or his/her family;
threats of physical punishment; yelling or screaming; or any other similar forms of
discipline.

See. 40, Overall Obligation, Unless otherwise provided herein, compliance with all
the standards imposed by this Act shall be the responsibility of the Owner of the
preschool institution, Failure to comply with these standards shall merit the imposition of
appropriate penalties for the owner without prejudice to the imposition of liability against
any other member of the school's personnel if found to have committed any act of
negligence.

Chapter VII
FEES, CONTRIBUTIONS AND DONATIONS

Sec. 41, School Fees. ‘The preschool institution shall determine its rate of tuition,
miscellaneous fees and other charges. The fees and other charges imposed by. the

1


preschool and their application and use shall be subject to the rules and regulations issued
by the Department.

The application for permit of new preschool shall include information on tuition,
miscellaneous fees, and other charges.

Sec, 42. Authority to Regulate School Fees, The Department shall have the authority to
regulate the fees charged by a preschool institution based on the pre-established objective
standards that the fees charged shall not be arbitrary, excessive and onerous.

The pre-established standards that determine whether the fees charged are
arbitrary, excessive and onerous may relate to indicators such as profit margin and rate of
increase. Qualitative factors such as improvement of facilities, qualifications of teaching,
and non- teaching personnel, and quality of curriculum offered may also serve as
indicators together with the quantitative factors for the purpose of determining if the fees
charged by a preschool institution are fair and reasonable.

Sec. 43. Prohibition on Contribution and Solicitation. A preschool institution shall be
prohibited from collecting any kind or form of contribution and solicitation as a
precondition for the preschool children's continued school admission or for their
completion of the program.

Sec. 44, Isstance of Official Receipt. A preschool institution shall be required to issue
an official receipt for all fees, charges and contributions received in the course of its
operations.

Sec. 45. Report of Financial Performance. The owner of the preschool institution, upon
application for renewal of permit to operate, shall submit to the Department a copy of the
financial performance of the preschool for the previous year or for a longer period as may
be determined by the Department,

The financial report shall expressly indicate amount of tuition, miscellaneous fees,
other charges, gifts and donations collected and/or received by the preschool institution
during the period covered by the report.

Chapter IX
RULE IN ADMISSION

Sec. 46. Non-discrimination in Admission, No child shall be refused admission in a
preschool institution on the basis of legitimacy or illegitimacy, sex, social status, religion,
political antecedents, and other related factors. As such, the preschool institution shall not
require the submission of any of the following documents as requisites for enrolment

(a) marriage certificate of parents;
(b) baptismal certificate of the child;
(c) income tax return of parents/ guardian; and

12


(d) all other documents solely intended to identify the child’s legitimacy or
illegitimacy, sex, social status, religion, political antecedents, and other related
factors.

The policy against non-discrimination shall be read in consonance with the
principles of religious freedom in cases where the entity operating the preschool is a
religious institution.

Sec. 47. Atmosphere of Tolerance and Acceptanc
promote an atmosphere of tolerance and acceptance. No child shall be disadvantaged,
treated differently or discriminated in any manner in a preschool on the basis of the
factors described in the preceding section.

The preschool institution shall

Chapter X
IMPLEMENTING AND REGULATING AUTHORITY

Sec. 48, Iniplementing Agency. The authority to regulate the organization, operation
and/or implementation of the preschool education program shall be vested upon the
Department, through the Bureau of Elementary Education.

Sec. 49. Duties, Powers and Functions. The Department shall have the following
duties, powers and functions

(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 found violating Department rules and
regulations and/or found operating without a permit or Certificate of
Recognition;

(c) To develop the curriculum for preschool education consistent with the
universally accepted norms and standards, including values formation, and to
periodically review such for purposes of upgrading;

(a) 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;

(c) To prescribe the necessary qualifications for the hiring and accreditation of
teachers who will handle the preschool education program; and

() To formulate the necessary guidelines and regulatory standards in connection
with the operation of private preschool institutions.

Chapter XI
LIABILITIES AND PENALTIES

Sec, 50, Unauthorized Preschool Operation, Any person operating a preschool

institution without a permit or authority from the Department shall suffer the penalty of
at least one (1) month imprisonment and/or a fine not exceeding Five Thousand Pesos

13


(P5,000.00) for every day of operation without a permit to operate, subject to the discretion
of the Court.

The person liable under this section may or may not be the owner of the preschool
institution being operated without a permit or authority.

Sec. 51. Administrative Sanctions. The Department shall prescribe and impose
administrative sanctions against the Owner of the preschool institution that it may deem
reasonable and appropriate for any of the following causes

(a) Unauthorized operation of a preschool, without prejudice to the filing of a case
against the owner pursuant to the immediately preceding section;

(b) Negligence or wilful lack of supervision of children;

(©) Failure to comply with any of the obligations or standards prescribed by this Act;

(a) Gross inefficiency of the teaching or non-teaching personnel; or

(c) Fraud or deceit committed in connection with the application for a permit or
recognition,

The imposition of administrative sanctions by the Department shall be limited only
to the following:

(a) Suspension or revocation of permit to operate;
(b) Temporary or permanent closure of the preschool facility and service;
(©) Fines and penalties; and

(d) Prohibition to operate a preschool service or facility or any other educational

institution.

Sec. 52. Civil Penalties. Any preschool personnel, who shall commit any act or
omission, whether intentional or due to negligence, related to the preschool operations
that may have resulted to any damage or injury on the child enrolled therein, shall be
liable to pay damages, fines and/or other civil penalties.

Sec. 53. Penal Provisions. In addition to the imposition of any of the above
administrative sanctions or civil penalties, preschool personnel found to have violated any
provision of this Act shall be liable to the penal sanctions prescribed under the Revised
Penal Code and other special laws with penal provisions such as the Child and Youth
Welfare Code, the Anti-Child Abuse Act, and the Juvenile Justice and Welfare Act.

Sec. 54. Liability of a Corporation. If any of the foregoing, acts or omissions is
committed by a corporation, the President and the responsible officers of the corporation
and/or other pei sponsible for the offense or violation shall be held liable for the
administrative, civil and penal sanctions.

Ons

Chapter XII
FINAL PROVISIONS


Sec. 55. Implementing Rules and Regulations, The Department of Education shall,
upon consultation with the Department of Social Welfare and Development, Department
of Health and the Department of the Interior and Local Government, promulgate the
necessary Implementing Rules and Regulations within ninety (90) days after the
effectivity of this Act

See. 56. Transitory Provision, Preschool institutions that are already in operation and
have been complying with the orders issued by the Department prior to this Act shall be
given one (1) year from the effectivity of this Act to comply with the standards prescribed
herein.

Sec. 57. Statutory Construction. In case of doubt, the interpretation of any of the
provisions of this Act shall be construed liberally in favor of the protection and promotion
of the paramount interest of the preschool child

58. Separability Clause. If any provision of this Act is held invalid or
unconstitutional, the same shall not affect the validity and effectivity of the other
provisions thereof.

Sec, 59. Repealing Clause, All laws, decrees, executive orders and rules and
regulations, or parts thereof, that are contrary to or inconsistent with the provisions of this

Act are hereby repealed or modified accordingly.

Sec. 60. Effectivity Clause. This Act shall take effect fifteen (15) days after its
publication in at least two (2) newspapers of general circulation.

Approved,