Republic of the Philippines 
HOUSE OF REPRESENTATIVES 
Quezon City 
19TH CONGRESS 
Third Regular Session 
House Bill No. 10735 
_______________________________________________________ 
INTRODUCED BY REPRESENTATIVE 
MICHAEL L. ROMERO 
_______________________________________________________ 
EXPLANATORY NOTE 
The 1987 Constitution mandates the state to support the governance of 
basic education through appropriate technology and research, with adequate 
financial and other support services. 
The education system refocused mandate to basic education governance 
which covers elementary, secondary and non-formal education, including 
culture and sports. TESDA now administers the post-secondary, middle-level 
manpower training and development while CHED is responsible for higher 
education. 
In August 2001, Republic Act 9155, otherwise called the Governance of 
Basic Education Act, was passed transforming the name of the Department 
of Education, Culture and Sports (DECS) to the Department of Education 
(DEPED) and redefining the role of field offices (regional offices, division offices, 
district offices and schools). 
it is hereby a declared policy of the state that every graduate of basic education 
shall be an empowered individual who has learned, through a program that is 
rooted on sound educational principles and geared towards excellence, the 
foundations for learning throughout life, the competence to engage in work and 
be productive, the ability to coexist in fruitful harmony with local and global 
communities, the capability to engage in autonomous, creative, and critical 
thinking, and the capacity and willingness to transform others and one’s self. 
Article XIV, Section 2 of the 1987 Constitution highlights the 
government's duty to ensure a complete and suitable education system that 
meets the needs of the people in an ever-changing environment. It also calls 
August 8, 2024
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for support for students through scholarships and other aid, especially for 
those from underprivileged backgrounds.  
 
Furthermore, it promotes alternative learning approaches, including 
informal and community-based programs. The Republic of the Philippines, 
must find a permanent and lasting solution to our recurring school shortage 
crisis. The state must ensure a stable and sufficient program by involving as 
many stakeholders as possible in all sectors. 
 
We must review the mandate and flow of operations of all our 
government agencies involved in the production and distribution of all our 
school facilities and programs to improve synergy in pursuant to the mandate 
of the Constitution. Several recent studies have pointed out the alarming 
deterioration of the quality of learning in the Philippines, but this was officially 
confirmed in the basic education report delivered by concurrently serving as 
secretary to the Department of Education (DEPED). There are several issues 
that plague the country’s basic education system and reforms. 
 Data unveiled the education agenda and focused on curriculum reform, 
accelerated delivery of services, promoting the well-being of learners, and 
providing greater support to teachers. Responding to the report, in 
acknowledging the government’s accountability to the nation’s young learners. 
DEPED promised to build better infrastructure by investing heavily in 
education. 
The President had referenced his administration’s development plan, 
education crisis is linked to years of incapacity and lacking investment in 
education. This dismal state of basic education was welcomed by some 
educators. The state vowed to work with in passing education reform 
measures. This House Bill seeks to create programs aimed at and promote 
well-being for all. 
This House Bill sets a manifestation to the freedom of education to be 
accorded due respect and be allowed to flourish. Thus, the strengthening of 
the Basic Education Research Fund Program is therefore imperative. 
 
Thus, the early passage of this bill is earnestly requested. 
 
 
 
MICHAEL L. ROMERO Ph.D.    
 


 
Republic of the Philippines 
HOUSE OF REPRESENTATIVES 
Quezon City 
19TH CONGRESS 
Third Regular Session 
 
House Bill No. 10735 
__________________________________________________________ 
INTRODUCED BY REPRESENTATIVE 
MICHAEL L. ROMERO 
__________________________________________________________ 
AN ACT 
STRENGTHENING THE GOVERNANCE OF BASIC EDUCATION, 
INCREASING THE BASIC EDUCATION RESEARCH FUND 
(BERF), TO PROMOTE ACCOUNTABILITY AND AUTHORITY, 
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 " 
BASIC EDUCATION RESEARCH FUND (BERF) ACT OF 2024 " 
SECTION 2.  
DECLARATION OF POLICY - It shall hereby be a 
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, 
seIf-reliant, productive and patriotic citizens. 


 
Governance of education shall begin at the national level it is at the regions, 
divisions, 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 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. 
SECTION 3. 
GOVERNANCE OF BASIC EDUCATION shall begin at the 
national level. It is in the regions, divisions, schools and learning centers. 
The state shall instill the policy and principle for the governance of basic 
education to 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 basic 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 protect basic, advance and post graduate education of citizens 
in the Philippines. Based on the Philippine Constitution. 
It is hereby a declared 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 patriotic. 
The state shall provide the mechanisms to improve awareness and unity 
by maximizing the use of all existing resources. recognizing in the process the 
government’s responsibility to instill education as having priority over its other 
functions. 
SECTION 4.  
ESTABLISHMENT 
OF 
A 
SELF-GOVERNING 
ADVISORY COUNCIL (NAC) — There shall be established a self-governing 
advisory council to be headed by the DEPED. 
The National Governing Council shall formulate its own implementing 
rules and regulations to govern its proceedings. The Council shall choose its 
official home base and organize a staffing protocol to aid and carry out its 
functions. 
Existing structures, facilities and equipment’s that would meet the 
standard requirements could be upgraded to effectively serve and be 
designated as such in compliance with rules and regulations set by the 
Department of Education (DEPED). 
 
SECTION 5.  
REGIONAL ADVISORY COUNCIL - for purposes of 
this act, to execute the foregoing policy, there shall hereby be created the 
Regional advisory Council. This council shall have the overall authority and 
responsibility and accountability for crafting and formulating a comprehensive 
program for the implementation of this act.  
The regional advisory councils and NGC shall have, as members, 
representatives from the, Department of Education (DEPED), Commission 
on Audit (COA) and the DBM. The regional advisory councils and NAC shall 
also have, as additional members, two (2) representatives from accredited 


 
nongovernmental organizations working or monitoring school administration 
and service programs. 
The Council shall formulate its own implementing rules and regulations 
to govern its proceedings. The Council shall choose its official home base and 
organize a staffing protocol to aid and carry out its functions. 
The Field Offices are responsible for the regional and local coordination 
and administration of the Department’s mandate. RA 9155 provides that the 
Department should have no more than four (4) Undersecretaries and 
four (4) Assistant Secretaries with at least one Undersecretary and one 
Assistant Secretary who are career service officers chosen among the staff of 
the Department. 
SECTION 6. 
BASIC EDUCATION RESEARCH FUND (BERF) shall 
concentrate on areas/topics for research: 
a. Increasing participation rate by reaching the unreached 
children/learners; 
b. Impact of pre-schooling on increasing survival rates in lower 
elementary grades; 
c. Impact of feeding programs on pupil learning/achievement; 
d. Raising the proficiency level of children already in school; 
e. Increasing local government spending in basic education; 
f. Cost Effectiveness of Education Service Purchasing; 
g. Improving DepEd’s internal efficiency through the development 
of new and/or improvement of existing systems and procedures 
for implementing DepED programs and projects and other 
operations; 
h. Modernization of DepEd operations. 
Research proponents may either narrow down the specific areas to be 
researched on, or may recommend other possible areas, subject to DepEd’s 
approval. 


 
SECTION 7. 
APPLICATION BY BUREAUS AND OFFICES OF THE HEAD 
OFFICE can avail of this research fund by submitting a research proposal 
following the prescribed format. 
SECTION 8. 
APPLICATION BY INSTITUTIONS OUTSIDE OF DEPED for 
this purpose, the following criteria shall be considered in the evaluation of a 
non-DepEd-developed research proposal: 
a. Qualification of the Service Provider (40%) 
b. Quality of the Proposal (40%); and 
c. Cost of the Proposal (20%) 
 
 
 
SECTION 9.  
RECURRING ASSESSMENT. - Every three (3) years 
after the effectivity of this Act, the (DEPED) shall conduct an impact 
assessment to evaluate the effectiveness of the Governance system, the 
reliability of the use of governance and research funds for program 
implementation. 
The amounts indicated in this Act shall be made available to the 
members of all the (NAC) during the implementation of this Act.  
Provided However, the submission and evaluation of proposals from 
private institutions shall be subject to the provisions of RA 12009 
(Government Procurement Reform Act). 
Provided, that every three (3) years after the effectivity of this Act, the 
(DEPED) shall recommend to the DBM whether the BREF shall be adjusted to 
its present value using the current research price index, as published by the 
PSA 
Provided, further, That the NAC shall ensure that the grant amounts are 
sufficient to make a positive impact on the entire education sector and are 
delivered timely. 


 
Provided, that every three (3) years after the effectivity of this Act, the 
NAC shall recommend to the DBM whether the amounts be adjusted to its 
present value using, as published by the DEPED 
Provided, finally, That the NAC shall ensure that the amounts are 
sufficient to make a positive impact on education of the students/learners and 
are timely received and spent by the governing entity. 
SECTION 
10. 
INCREASE OF PERSONNEL. – The (DEPED) shall 
maintain a sufficient staffing pattern.  
Hence, it is authorized to increase its manpower to meet such required 
and may continue to increase personnel per percentage rate increase of 
committed mandates annually or as the need arises. 
SECTION 
11. 
PERIOD 
OF 
IMPLEMENTATION 
– The 
modernization program under this Act shall be implemented for an initial 
period of three (3) years:  
Provided, that payments for multi-year contract obligations incurred 
under this Act may extend beyond this period:  
Provided, further, That the (DEPED) shall continue to develop, 
modernize and constantly update its operational capabilities to keep pace with 
best global practices. 
SECTION 12.  
SETTINGS 
FOR 
ENTITLEMENT. -All 
qualified 
members of the NAC shall comply with all of the following conditions as a 
requirement for continued program eligibility: 
Any or all of the conditions for entitlement may be suspended by the 
DEPED Secretary during times of calamities, war and armed conflicts. 
SECTION 13. 
MANDATES OF THE COUNCIL – to institutionalize 
all foregoing policies, the DEPED shall focus all its development plans and 
programs, towards the achievement of the National goals. 


 
The BREF shall be made available for each DepEd Regional Office and 
one Division Office per region to enable them to use research as a tool for 
making local policies and decisions.  
a. The utilization of the research grant shall be subject to the 
prior approval by the DepEd Central Office of their official 
request for the grant, duly supported by a research proposal 
which shall be within DepEd’s thrusts and policies 
described in item hereof and in accordance with the 
attached format.  
b. The DepEd Research Grant shall be in the form of fund 
transfer to the Regional and concerned Division Offices. 
However, these offices are required to submit a full report 
after the research/study has been undertaken. Part of the 
report shall be the official copy of a proposed DepED order 
or memorandum addressing certain policy-relevant gaps 
applicable nationwide or obtaining in a specific region as a 
result of the findings and recommendations in the study. 
c. The invitation to undertake research in basic education is 
extended to DepEd and non-DepEd offices/researchers. 
However, the submission and evaluation of proposals from 
private institutions shall be subject to the provisions of RA 
12009 (Government Procurement Reform Act) 
d. The research must be completed within the year. 
e. Deadline for the submission of the request for a research 
grant and research proposal from the field offices is April 30 
of every Fiscal Year,  
f. The Office of the Director for Planning Service shall 
coordinate and supervise the utilization of the Basic 
Education Research Fund. 
g. A Technical Evaluation Committee shall be organized to 
evaluate the research proposals submitted by different 
offices. 
h. Immediate dissemination is preferred. 
The DBM shall provide the necessary technical and financial assistance 
to ensure the effective operation and construction of the school 
infrastructures/facilities. 
SECTION 14.  
NONCOMPLIANCE 
WITH 
TERMS 
AND 
CONDITIONS. - The responsible person/officer of a reported regional or 
district level who fails to comply with conditions set forth in RA9155 shall at 


 
first be notified in writing and shall be terminated. After review of the NAC of 
noncompliance/mal-governance, and shall be subject to case management 
process of DEPED. 
SECTION 
15. 
PENAL CLAUSE. – Any person, whether natural or 
juridical, violating any section of this Act shall, upon conviction, therefore, be 
liable to a fine of not less than five hundred thousand pesos (P500,000.00) or 
imprisonment for a term not less than six (6) years, or both, at the discretion 
of the court for each and every violation.  
In case the violation is committed by a corporation or an association, 
the penalty shall devolve upon the president, director, or any other officer 
responsible for such violation. 
 
SECTION 16. 
SUPERVISING AND ASSESSMENT CONCERNS. — 
the Department of Education (DEPED) shall provide the necessary technical 
and financial assistance to ensure the effective operations and build-up. 
SECTION 17.  
IMPLEMENTING AGENCY. — the Department of 
Education (DEPED).  
 
SECTION 18.  
IMPLEMENTING RULES AND REGULATIONS. — 
Within ninety (90) days from the effectivity of this Act, the Department of 
Education (DEPED), and other concerned government and private agencies, 
promulgate the necessary rules and regulations to carry out the provisions of 
this Act. 
SECTION 19. 
TRANSITORY PROVISION – Existing industries, 
businesses and offices affected by the implementation of this Act shall be given 
three (3) months transitory period from the effectivity of the IRR or such other 
period as may be determined, to comply with the requirements of this Act. 


 
SECTION 20. 
APPROPRIATION. — The amount necessary for the 
initial implementation to fund this act shall be charged under the Department 
of Education (DEPED).  
The amount of five (5) billion pesos (Php 5, 000,000,000.00) necessary 
for the initial implementation to fund this act shall be charged under the 
Department of education (DEPED) 
The amount determined by the Department of Budget and Management 
(DBM) for the implementation of this Act shall be charged under the existing 
funding of the Department of Education (DEPED).  
Thereafter such amounts necessary for the successive and continuous 
implementation of this Act, including the operations maintenance of reserves 
shall be automatically appropriated in the General Appropriations Act (GAA). 
Thereafter, such amounts necessary for the initial implementation of this act 
shall be included in the annual General Appropriations Act (GAA).  
The agencies concerned shall provide for the continued maintenance, 
operation, and management of all the facilities and equipment’s. 
SECTION 21. 
CONTINUING APPROPRIATION. - The Department 
of Budget and Management (DBM) is hereby mandated to include annually 
in the next five (5) years, in the President's Program of expenditures for 
submission to Congress, and release, an amount not less than five (5) billion 
pesos (Php 5, OOO, OOO, OOO.OO) for the implementation of this Act. 
SECTION 22. 
PERIODIC REPORTS - The Secretary of (DEPED) 
shall submit periodic reports on its findings and make recommendations on 
actions to be taken by Congress and Senate and the appropriate department, 
and in order to carry out the objectives and mandates of this Act. 
The DEPED shall annually publish a full report of the research covering 
the implementation of the previous fiscal year.  


 
The 
said 
report 
shall 
include 
financial 
disclosures, 
and 
recommendations to the Advisory Council, the President and to both 
chambers of Congress on how to further enhance it. This report shall be 
submitted to Congress before the submission of the President’s Budget 
Message. 
SECTION 23.  
MANDATORY MONITORING. - The DEPED shall 
monitor the implementation of the program and report its status at least once 
every three (3) years in order to ensure the attainment of the goals 
enumerated in this Act to the House of Representatives and the Senate of the 
Philippines. 
SECTION 24.  
AUTOMATIC REVIEW - Every three (3) years after 
the effectivity of this Act, an independent review panel composed of experts 
to be appointed by the President of the Republic shall review the policies and 
programs in the agriculture sector and shall make recommendations, based 
on its findings, to the President and to both Houses of Congress. 
SECTION 25.  
INDEPENDENT 
MONITORING 
AGENCY. - 
An 
Independent Monitoring Agency shall be created at the regional, and 
national levels, composed of representatives from the private sector and civil 
society organizations (CSOs) to complement the monitoring activities of the 
DEPED and provide feedback for appropriate action.  
It shall submit a report on the results of its monitoring activities 
relative to the implementation of the program to the respective regional 
advisory councils and the NAC. 
Section 26.  
PROGRAM CLARITY— The DEPED shall regularly 
and timely post and update on its website a report of financial disclosures 
and information about beneficiaries based on geographical area, social, 
economic and cultural circumstances. 
SECTION 27.  
SEPARABILITY CLAUSE. — If any provision of this 
Act shall be held unconstitutional or invalid, the remaining provisions which 
are not affected thereby shall continue to be in full force and effect. 


 
SECTION 28.  
REPEATING CLAUSE. — All laws, decrees, executive 
orders, rules and regulations, and other issuances, or parts thereof, contrary 
to or inconsistent with this Act are hereby modified, amended or repealed 
accordingly. 
SECTION 29.  
EFFECTIVITY. — This Act shall take effect fifteen (15) 
days after its publication in the Official Gazette or in a newspaper of general 
circulation. 
Approved,