REPUBLIC OF THE PHILIPPINES
HOUSE OF REPRESENTATIVES
‘Quezon City

SEVENTEENTH CONGRESS
‘Third Regular Session

Introduced by MAGDALO Party-List Representative
HON. GARY C. ALEJAN(

EXPLANATORY NOTE

This bill seeks to provide, consistent with the mandate of Article XIV of the 1987
Constitution, guarantee and protection to Filipino children who are bona fide residents of the town
or city where such schoo] is located in their access to educational facilities and services.

It is guaranteed by no less than the fundamental law under Section 1 of Article XIV on
Education that “The State shall protect and promote the right of all citizens to quality education at
all levels and shall take appropriate steps to make such education accessible to all.”

Moreover, Section 4(1) of the said article recognizes the complementary roles of public and
private institutions in the educational system and mandates that the State shall exercise reasonable
supervision and regulation of all educational institutions.

Section 5(1) of the said Article, furthermore, stresses upon the significance of taking into
account of regional and sectoral needs and conditions and the encouragement by the State of local
planning in the development of educational policies and programs. The importance of this cannot be
gainsaid as well in ensuring access to quality education in the local level.

In view of the foregoing, approval of this measure is earnestly sought.

P. GARY C. ALEJANO


REPUBLIC OF THE PHILIPPINES
HOUSE OF REPRESENTATIVES
‘Quezon City

SEVENTEENTH CONGRESS
Third Regular Session

House Bill No. 8038

Introduced by MAGDALO Party-List Representative
HON. GARY C. ALEJANO’

AN ACT
PROVIDING FOR THE DEMOCRATIZATION OF PUBLIC SCHOOL EDUCATION

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 “Public School Democratization
Act of 2018.”

SEC. 2. Declaration of Policy.—In order to strengthen the mandate of the Constitution
concerning education under Article XIV, it is hereby declared the policy of the State to afford full
protection to and assure access to quality education for Filipino children who are bona fide
residents of a particular province or city where the school is located.

Pursuant to the foregoing state policy, the Philippines, through this Act, shall consolidate
and institutionalize existing government efforts in effecting meaningful programs on education
bordering on this concer.

SEC. 3. Prohibited Act—t is hereby declared unlawful for any public school official,
principal, faculty, teacher, or employee to refuuse admission of any student in a primary or
secondary public school, for whatever reasons, in a community where the said student is a bona fide
resident as certified by the Barangay Captain.

SEC. 4. Penal Clause.—Any public school official, principal, faculty, teacher, or employee
who violates any provisions of this Act, or the rules and regulations made thereof shall after
compliance with the requirements of administrative due process be punished with one (1) month
suspension from service and fined with five thousand pesos (P5000.00) for the first offense and
with dismissal from service and temporary disqualification to hold public office for a period of six
(6) months for the second offense, provided, finally that said violation shall be punished with



dismissal from service and perpetual disqualification to hold public office for third or subsequent
offenses.

SEC. 5. Implementing Rules and Regulations.—The Department of Education shall
promulgate implementing rules and regulations consistent with the objectives of liberalizing access
to education for Filipino children who are residing in the same city, municipality, or province where
such school is located.

SEC. 6. Appropriations. —The amount necessary for the implementation of this Act shall be
taken from the funds of the Department of Education and shall be included in the annual General

Appropriations Act.

SEC. 7. Repealing Clause.—All laws, decrees, orders, rules and regulations, and all other
issuances, or parts thereof, which are inconsistent with this Act are hereby repealed or modified
accordingly.

SEC. 8. Separability Clause.—\f any part or provision of this Act is held unconstitutional
or invalid, other parts or provisions hereof, which are not affected thereby shall continue to be in

full force and effect.

SEC. 9. Effectivity.—This Act shall take effect after fifteen (15) days following its
publication in at least two (2) newspapers of general circulation.

Approved,