Republic of the Philippines

HOUSE OF REPRESENTATIVES
Quezon City, Metro Manila

EIGHTEENTH CONGRESS
First Regular Session

House Bill No. 611

Introduced by HON. RESURRECCION MARRERO-ACOP, MD

EXPLANATORY NOTE

Section 309 of Republic Act No. 7160, otherwise known as the Local
Government Code of 1991 provides for the establishment of a Special
Education Fund (SEF). Section 272 of the same Code, limits the allocation of
the SEF to the operation and maintenance of public schools, construction and
repair of school buildings, facilities and equipment, educational research,
purchase of books and periodicals, and sports development as determined
and approved by the Local School Board.

Under Joint Circular No. 1, series of 2017 issued by the Department of
Education (DepED), Department of Budget and Management (DBM) and
Department of the Interior and Local Government (DILG), given the observed
practices in the utilization of the SEF and current developments in the basic
education sub-sector, particularly the K to 12 and early childhood care and
development (ECCD) programs, there is a need to reiterate and refocus the
policies on the use of the SEF to further support the supplementary budgetary
needs of schools and learning centers.

It is well to note that the Local Government Code was signed into law
almost three decades ago. Guided by said DepED-DBM-DILG Joint Circular,
the proposed measure seeks to expand the allocation and purposes of the SEF
in order to be more responsive to the present needs of local schools.

In view of the foregoing, the passage of this bill is earnestly sought.

RESURRECCION MARRERO-ACOP, MD
‘ Representative
2m District, Antipolo City


Republic of the Philippines

HOUSE OF REPRESENTATIVES
Quezon City, Metro Manila

EIGHTEENTH CONGRESS
First Regular Session

House Bill No. 611

Introduced by HON. RESURRECCION MARRERO-ACOP, MD

AN ACT
EXPANDING THE PURPOSES AND APPLICATION OF THE SPECIAL
EDUCATION FUND (SEF), AMENDING FOR THE PURPOSE SECTION 272
OF REPUBLIC ACT NO. 7160, OTHERWISE KNOWN AS THE LOCAL
GOVERNMENT CODE OF 1991 AND FOR OTHER PURPOSES

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

SECTION 1. Section 272 of Republic Act No. 7160, is hereby amended
to read as follows:

“Section 272. Application of Proceeds of the
Additional One Percent SEF Tax. - The proceeds from the
additional one percent (1%) tax on real property accruing
to the Special Education Fund (SEF) shall be automatically
released to the local school boards: Provided, That, in case
of provinces, the proceeds shall be divided equally between
the provincial and municipal school boards: Provided,
however, That the proceeds shall be allocated for the
PURPOSES LISTED BELOW IN THE FOLLOWING ORDER

OF PRIORITY:
1) Operation and maintenance of public schools:
a) PAYMENT OF COMPENSATION/ALLOWANCES
OF TEACHERS LOCALLY-HIRED IN

ELEMENTARY AND SECONDARY SCHOOLS
IDENTIFIED TO HAVE SHORTAGES PER THE
TEACHER DEPLOYMENT ANALYSIS OF DEPED;
THE RATES OF COMPENSATION/
ALLOWANCES SHALL BE DETERMINED BY THE
LSB BASED ON FUNDS AVAILABLE, BUT NOT
TO EXCEED THE SALARY SCHEDULE BEING


2)

3)

4)

IMPLEMENTED BY THE LOCAL GOVERNMENT
UNIT (LGU) CONCERNED: PROVIDED, THAT
FOR THE PURPOSE OF HIRING TEACHERS
CHARGEABLE AGAINST THE SEF, THE LSB IN
EACH PROVINCE, CITY OR MUNICIPALITY
SHALL UTILIZE THE LIST FOUND IN THE
REGISTRY OF QUALIFIED APPLICANTS (RQA);

PAYMENT OF SALARIES/WAGES OF UTILITY
WORKERS AND SECURITY GUARDS HIRED IN
PUBLIC ELEMENTARY AND SECONDARY
SCHOOLS WHICH HAVE NOT BEEN PROVIDED
SUCH POSITION IN THE DEPED BUDGET; AND
PAYMENT OF EXPENSES PERTAINING TO THE
OPERATION OF SCHOOLS, WHICH MAY
INCLUDE UTILITIES AND COMMUNICATION
EXPENSES.

b)

°)

Construction and repair of school buildings:

a) CONSTRUCTION, REPAIR, AND MAINTENANCE
OF SCHOOL BUILDINGS AND OTHER
FACILITIES FOR PUBLIC ELEMENTARY AND
SECONDARY SCHOOLS, WHICH ARE DEEMED
TO HAVE SHORTAGE OF CLASSROOMS OR OF
OTHER FACILITIES, AS THE CASE MAY BE PER
DEPED CLASSROOM DEPLOYMENT ANALYSIS,
SUBJECT TO EXISTING STANDARDS/
SPECIFICATIONS SET BY DEPED AND/OR
DEPARTMENT OF PUBLIC WORKS AND
HIGHWAYS; AND

b) ACQUISITION AND TITLING OF SCHOOL SITES.

Facilities and equipment:

a) ACQUISITION OF LABORATORY, TECHNICAL
AND SIMILAR APPARATUS, AND INFORMATION
TECHNOLOGY EQUIPMENT AND COROLLARY
SUPPORTING SERVICES, SUBJECT TO THE
PREVAILING REQUIREMENTS AND
SPECIFICATIONS SET BY THE DEPED.

Educational research:

a) EDUCATIONAL RESEARCH OTHER THAN THE
RESEARCH SUBJECT AREAS FUNDED IN THE
DEPED BUDGET, SUBJECT TO THE
PREVAILING POLICIES AND GUIDELINES OF
THE DEPED.


5) Purchase of books and periodicals:

a) PURCHASE OF LIBRARY BOOKS AND
PERIODICALS FOR THE LIBRARIES OF THE
DIFFERENT ELEMENTARY AND SECONDARY
SCHOOLS IN THE PROVINCE, CITY, AND
MUNICIPALITY, AND PURCHASE OF
INSTRUCTIONAL MATERIALS, WORKBOOKS
AND TEXTBOOKS NEEDED BY PUBLIC
ELEMENTARY AND SECONDARY SCHOOLS,
SUBJECT TO THE PREVAILING POLICIES AND
GUIDELINES OF THE DEPED.

6) Sports development:

a) EXPENSES FOR SCHOOL SPORTS ACTIVITIES
AT THE NATIONAL, REGIONAL, DIVISION,
DISTRICT, MUNICIPAL AND BARANGAY
LEVELS, AS WELL AS FOR OTHER DEPED
RELATED ACTIVITIES, SUBJECT TO
PREVAILING REQUIREMENTS AND
SPECIFICATIONS SET BY THE DEPED.

7) FUNDING FOR THE EARLY CHILDHOOD CARE AND
DEVELOPMENT (ECCD)

a) DIRECT SERVICES RELATED TO THE
IMPLEMENTATION OF THE ECCD PROGRAM,
SUCH AS_ SALARIES/ALLOWANCES OF
LOCALLY HIRED CHILD DEVELOPMENT
TEACHERS AND/OR DAY CARE WORKERS;

b) ORGANIZATION AND SUPPORT OF PARENT
COOPERATIVES TO ESTABLISH COMMUNITY-
BASED ECCD PROGRAMS;

c) PROVISION OF COUNTERPART FUNDS FOR

THE CONTINUING PROFESSIONAL
DEVELOPMENT OF ECCD PUBLIC SERVIC
PROVIDERS;

d) PROVISION OF FACILITIES FOR THE CONDUCT
OF THE ECCD PROGRAM; AND

PAYMENT OF EXPENSES PERTAINING TO THE
OPERATIONS OF NATIONAL CHILD
DEVELOPMENT CENTERS, INCLUDING, BUT
NOT LIMITED TO, UTILITIES.

SEC. 2. Implementing Rules and Regulations. - The Department of
Education, Department of Interior and Local Government and the Department

¢


of Budget and Management shall, within ninety (90) days from the effectivity
of this Act, promulgate the rules and regulations necessary to implement the
provisions hereof.

SEC. 3. Separability Clause. — Should any provision of this Act or any
part hereof be declared invalid, the remainder of this Act or any provision not
affected thereby shall remain in force and effect.

SEC. 4. Repealing Clause. — All laws, decrees, rules and regulations or
parts thereof contrary to or inconsistent with the provisions of this Act are
hereby repealed or modified accordingly.

SEC. 5. Effectivity Clause. - This Act shall take effect fifteen (15) days
after its publication in the Official Gazette or in at least two (2) newspapers of
general circulation.

Approved,