Republic of the Philippines
HOUSE OF REPRESENTATIVES
Batasang Pambansa, Quezon City

FIFTEENTH CONGRESS
First Regular Session

3281

HOUSE BILL NO.

INTRODUCED BY REP. JOSEPH VICTOR G. EJERCITO

EXPLANATORY NOTE

The country is besieged by a multitude of problems but none as
tremendous as the critical condition of our educational system today:
the staggering shortage in classrooms, school facilities and educational
materials, the shortage of teachers in public schools, and the dismal
performance of our students. In the midst of a food crisis and
skyrocketing prices of basic commodities, schoolchildren from the
poorest families face the threat of hunger or malnutrition even as the
government has resorted to allocating food subsidies.

Given the scarce resources of the national government, there is
a need to be innovative in our approach in harnessing investments for
education and health modernization programs. Only recently, the
National Telecommunications Commission explored the possibility of
lowering access charges between telecommunication companies for
text messaging or short messaging service (SMS). This bill proposes
that instead of merely lowering the cost of communication through
lowered access charges, current rates should be maintained but with
the government collecting half of the revenues, to be used to fund
critical programs for acceleration of education and health standards in
the country, At the same time, the economy is pump-primed with
much needed investments.

For these purposes, this bill seeks to create the Health and
Education Acceleration Program (HEAP) Corporation, a government
corporation to spearhead the rehabilitation and acceleration of
education and health infrastructure in the country. Under the HEAP,
every commerce
al mobile service provider shall be required to remit to the HEAP Fund
half or 50% of its net revenue earnings arising from local text
messages. These funds shall be earmarked for the construction of
classrooms, computer and science laboratories, clean cafeterias and
school facilities for schoolchildren's wholistic development, acquisition
of books, desks, chairs and instruction materials, hiring of teachers,
regular conduct of teacher-training programs and augmentation of
teachers’ pay provision of scholarship grants to deserving students;
establishment of school clinics with dental equipment and a regular


staff nurse; and school feeding and vaccination programs. For these
reasons, the passage of this bill is earnestly sought.

JOSEPH VICTOR G. EJERCITO


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Batasang Pambansa, Quezon City

FIFTEENTH CONGRESS
First Regular Session

8281

HOUSE BILL NO.

INTRODUCED BY REP. JOSEPH VICTOR G. EJERCITO

AN ACT
CREATING THE HEALTH AND EDUCATION
ACCELERATION PROGRAM
CORPORATION, PROVIDING FUNDS THEREFOR AND
FOR OTHER PURPOSES

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

SECTION 1. Title. - This Act shall be known as the "Health and
Education Acceleration Program (HEAP) Act of 2010.”

Sec. 2. Declaration of Policies. - It is hereby declared the
policy of the State to protect the right of all citizens to quality and
accessible education especially at the elementary and high school
levels, and to promote the modernization, acceleration and efficient
delivery of basic education, while ensuring the right of teachers to
professional advancement and adequate remuneration for their
talents. It is likewise declared the policy of the State to achieve
improvements in the delivery of basic health services to the studentry,
recognizing the integral value of health for any nation, the
coordination of resources from all sectors, and the right to access
quality care. To this end, the State shall encourage the participation of
the private sector and the whole citizenry in the pursuit of a
comprehensive and long-term rehabilitation and modernization
Program in the education sector.

Sec. 3. Health and Education Acceleration Program
Corporation. - There is hereby created a body corporate to be known
as the Health and Education Acceleration Program Corporation
(hereinafter referred to as the “Corporation") to carry out the purposes
of this Act, which shall be vested with the powers of a corporation. The
Corporation shall be an independent government instrumentality
attached to the Office of the President for administrative purposes
only. It shall establish its principal office in Metropolitan Manila.


Sec. 4. Powers and Functions of the HEAP Corporation. -
The Corporation shall have the following powers and functions:

(a) To administer the Health and Education Acceleration
Program;

(b) To hold and administer the HEAP Fund created under Section
5 according to the purposes specified under Section 6, of this Act;

(c) To implement all policies and programs of the Department of
Education and Department of Health necessary for the
accomplishment of the objectives of this Act;

(d) To adopt, prepare and implement a comprehensive and
detailed six- year development plan during its first fiscal year of
operation, containing an assessment of the existing needs of public
elementary and high schools and embodying a list of projects,
including but not limited to those provided in the Medium-Term
Philippine Development Plan (MTPDP), for the rehabilitation and
enhancement of the national educational and school health — system;
Provided, That on its third year and every three years thereafter,
the Board of Directors of the Corporation created under Section 8 of
this Act shall review the existing development plan taking into
consideration the completion, status and impact of projects.

(e) To apply for, receive and accept grants and donations and
other conveyances by gratuitous title, including funds, materials,
equipment and services needed to accomplish its objectives under
this Act;

(f) To do all such other things and to transact all such
business directly or indirectly necessary, incidental or conducive to the
attainment of its purpose;

(g) To exercise the power of eminent domain; and

(h) Generally, to exercise all powers of a corporation under the
Corporation Law.

Sec. 5. Health and Education Acceleration Program Fund. -
For purposes of this Act, the Health and Education Acceleration
Program Fund (hereinafter referred to as the "Fund") is hereby
established, to consist of fifty percent (50%) of the revenue assessed
and collected on all local mobile phone text messages sent from their
networks, to be remitted by domestic mobile phone service providers
to the Fund monthly during the lifetime of the Corporation. All
Proceeds accruing to the Fund shall be earmarked solely and used
exclusively to finance the priority programs stated under Section 6 of
this Act.

Sec. 6. Priority Uses of Fund, - The Fund shall be used to
finance programs aimed at rehabilitating and modernizing educational
and health infrastructure, raising the quality of instruction, and


strengthening delivery of basic health services in public elementary
and high schools nationwide. The programs, including but not limited
to the following, shall be implemented in phases to ensure continuity
and sustainability, according to the following schedule of priority:

(a) Construction, repair or upgrading of school buildings,
classrooms and facilities, including the establishment or upgrading of
libraries to be provided with at least two computers with Internet
access and science laboratories with modern equipment to improve
competencies of students in science and technology; Hiring, training
and remuneration of teachers;

(b) Establishment or upgrading of school clinics, to be provided
with at least one registered nurse;

(c) Computerization, with the establishment of at least one
computer laboratory for each public high school with a minimum of
10 computers each with Internet access;

(d)Feeding program for public elementary schools to consist of
at least two meals a day; and

(e) Regular vaccination and dental checkup programs;

No money shall be released from the Fund without any identified
program and/or project, nor used to pay obligations incurred before
the approval of this Act.

Sec. 7. Capitalization. -The Corporation shall have an
authorized capitalization of Twenty Million Pesos (P20,000,000) as its
initial organization and/or operational expenses; Provided, That such
amount as may be necessary for the Corporation’s administration and
operation shall be set aside from the Fund; Provided further, That such
amount shall not exceed one percent (1%) of the Fund at any time.

Sec. 8. Board of Directors. - Within 30 days from the approval
of this Act, the President of the Philippines shall constitute a Board of
Directors to be composed of a Chairperson and six members, as
follows:

(a) In an ex-officio capacity, the Secretary of the Department
of Education;

(b) Two representatives each from premier public and private
education institutions;

(c) Two representatives from the telecommunications sector;
and

(d) One representative from the national organization of Parent-
Teacher Associations.

Provided, That the Chairperson and members of the Board of
Directors shall serve at the appointing pleasure of the President and be


persons of proven integrity, independence, and administrative
proficiency, and fully committed to the objectives of this Act.

The Board of Directors shall be the policy-making body of the
Corporation and shall perform the following functions:

(a) Carry out the purposes of the Corporation as embodied in
this Act;

(b) Determine the organizational structure of the Corporation,
define the duties and responsibilities of all officials and employees
and adopt a compensation scheme; Provided, That the Corporation
shall engage the services of urban and regional planners, engineers
and management experts ;

(c) Adopt an annual budget for and authorize such expenditures
by the Corporation in the interest of its effective administration and
operation, in accordance with applicable rules and regulations; and

(d) Six months from its constitution and every six months
thereafter, submit a report of the operation of the Corporation to the
President of the Philippines, President of the Senate and Speaker of
the House of Representatives. All procedural matters in the conduct of
Board meetings shall be prescribed in its internal rules. Members of
the Board shall receive a per diem for every meeting actually
attended subject to the pertinent budgetary laws, rules and
regulations on compensation, honoraria and allowances; Provided,
That the per diem collected per month does not exceed the equivalent
of four meetings.

Sec. 9. Administrator. - The President shall appoint a
professional manager as Administrator of the Corporation with
compensation to be determined by the Board subject to the approval
of the Secretary of Budget and Management. The Administrator shall
have the following duties and responsibilities:

(a) To act as Chair of the Board and Chief Executive Officer of
the Corporation;

(b) To execute, administer and implement the policies and
measures approved by the Board;

(c) To direct and supervise the operations and administration of
the Corporation;

(d) To represent the Corporation in all dealings with offices,
agencies and instrumentalities of the government and with all persons
and entities, public or private, domestic or foreign;

(e) To direct and supervise the preparation of the agenda for the
meeting of the Board, and to submit for the consideration of the Board
such policies and measures as necessary to carry out the purpose and
objectives of this Act; and


(f) To exercise such other powers and functions provided in the
by-laws and as may be vested upon the office by the Board.

Sec. 10. Education Modernization Monitoring Department.
- Among the staff departments that will be established by the
Corporation shall be the Education Modernization Monitoring
Department which shall regularly perform the following duties and
functions, in coordination with the appropriate provincial State
Universities and Colleges:

(a) conduct of on-site inspections on the HEAP projects to
ensure the projects adequacy and responsiveness to existing
sector needs;

(b) review and evaluation of the impact of the HEAP on
the access to and quality of facilities for public elementary
and high schools;

An annual report on the results of these inspections, review and
evaluation shall be submitted to the Board for its policy formulation.

Sec. 11. Supervision. - The Corporation shall be under the
direct control and supervision of the Office of the President for
purposes of policy direction and coordination.

Sec. 12. Audit. - The Commission on Audit shall appoint a
representative who shall be the full time auditor of the Corporation,
and such personnel as may be necessary to assist said representative
in the performance of duty.

Sec. 13. Report to Congress. -The Corporation shall submit to
the Department of Education and to Congress a detailed quarterly
report on the funds allocated, indicating the amount released,
obligated and disbursed under this Act, including but not limited to
funds for the construction or repair and reconstruction of infrastructure
projects, the list of contractors and projects being financed, and the
accomplishments for the expended appropriation, including the
percentage of completion. The Corporation shall also submit as part of
the quarterly report a list of all donors and the nature of their
donations. The Corporation shall cause to be disseminated in the
community the list of beneficiaries and contractors mentioned above.

Sec. 14. Congressional Oversight Committee. - There is
hereby created a Congressional Oversight Committee, which shall be
composed of three representatives each from the Senate and the
House of Representatives, to be appointed by the Senate President
and the Speaker of the House of Representatives, to monitor the
implementation of this Act. The Committee shall conduct an annual
review of this Act in aid of legislation.

Sec, 15. Injunction and Restraining Order. - Projects under
the HEAP are urgent and necessary. Their implementation shall not be
restrained or enjoined except by an order issued by the Supreme
Court of the Philippines.


Sec. 16. implementing Rules and Regulation. - Within 90
days from the effectivity of this Act, the Board of Directors shall
transmit to the President for approval such rules and regulations to
implement and carry out the intent, purposes and provisions of this
Act.

Sec. 17. Separability Clause. - If any provision of this Act or
any part hereof be declared unconstitutional or invalid the remainder
of this Act or any provision not affected thereby shall remain in force
and effect.

Sec. 18. Repealing Clause. - All \aws, orders, proclamations,
rules and regulations, or part thereof, which are inconsistent with any
provision of this Act are hereby repealed or modified accordingly.

Sec. 19. Effectivity - This Act shall take effect 15 days

following its publication in the Official Gazette or in at least two
newspapers of general circulation.

Approved,