THIRTEENTH CONGRESS OF 
1 
Second Regular Session 
) 
THE REPUBLIC OF THE PHILIPPINES 
) 
3lt:CEIVED sy:+ 
S E N A T E  
S. No. 2174 
INTRODUCED BY HONORABLE MAR ROkAS 
EXPLANATORY NOTE 
This bill seeks to amend Republic Act No. 7880, also known as the “Fair and Equitable 
Access to Education Act,” with the end view of eliminating the recurring problem of classroom 
shortages in the country, as well as enhancing the process of construction, rehabilitation, 
replacement, completion and repair of needed school buildings and classrooms. 
The enactment of R.A. No. 7880 was aimed at the realization of the mandate under 
Article XIV, Section 2(1) of the Constitution that the State shall “establish, maintain, and support 
a complete, adequate, and integrated system of education relevant to the needs of the people and 
society.” However, the realities of our education system calls for even more effective measures to 
address the challenge of providing adequate and better education to Filipinos. As of 2004, 
classroom shortage has reached 51,947, which number will certainly increase if no remedial 
measure is implemented. This paucity in physical facilities indubitably contributes to the 
worsening problem of education in our country. 
As presently mandated by R.A. No. 7880, 50% of the total capital outlay for the 
Department of Education (DepEd) is allocated pro rata to districts according to student 
population, while only 40% is allocated to those with classroom shortages. The thrust of this bill 
is to shift priority, for a period of three (3) years, to areas with dearth of classrooms by increasing 
the resource allocation for classroom shortages from 40% to 60% of the total capital outlay, while 
reducing the allocation for capital outlay according to student population from 50% to 30%. This 
is coupled with the proposed increase in annual budget to eradicate classroom shortages. 
There is likewise a need to correct the current practice whereby the Department of 
Public Works and Highways (DPWH) implements and administers the school building program 
of the DepEd. From the years 2000 to 2004, only 21,523 were completed out of only 28,412 
classrooms programmed for construction pursuant to the school building program under R.A. No. 
7880. According to a comparative cost estimate, DPWH’s construction cost of a classroom is 
higher compared to DepEd’s primarily due to DPWHs high indirect cost. By itself, DepEd has 
the capability to undertake school building projects. In a joint monitoring of school building 
projects conducted by World Bank, DepEd, DPWH and G-Watch, it was found out that DepEd- 
led school building programs yielded better results than those administered by DPWH. The 
implementation and administration of the school building program should therefore be turned 
over to DepEd, or to the concerned local government unit as may be authorized by Deped. 
With these amendments, it is hoped that DepEd could more efficiently address the 
problem of classroom shortages. 
In view of the foregoing, approval of this bill is eai 


THIRTEENTH CONGRESS OF 
1 
Second Regular Session 
1 
THE REPUBLIC OF THE PHILIPPINES ) 
5 OEC.-6 P629 
FIECEIVED BV : 
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,
 
S E N A T E  
S. No. 
2174 
INTRODUCED BY HONORABLE MAR ROXAS 
AN ACT 
AMENDING REPUBLIC ACT NO. 7880, OTHERWISE KNOWN AS THE “FAIR AND 
EQUITABLE ACCESS TO EDUCATION ACT.” 
Be it enacted by the Senate and House of Representatives of the Philippines in Congress 
assem bled: 
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Sec. 4. Allocation of Appropriation. - Notwithstanding any 
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provision of the law to the contrary, the annual [DECS] DEPED budget for 
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capital outlay, as defined in Section 3(a), shall be allocated among the 
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legislative districts in the following manner: 
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(a) 
SECTION 1. Section 4 of Republic Act No. 7880 is hereby amended to read as follows: 
On the first [year] THREE YEARS of the effectivity of this Act: 
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[(I) 
thirty percent (30%) of the total capital outlay to be 
allocated pro-rata according to each legislative district’s student 
population in relation to the total student population of the 
country; 
(2) 
sixty percent (60%) of the total capital outlay to be allocated 
only among those legislative districts with classroom shortages as 
defined in Section 3 (b), pro-rata to the total classroom shortage of 
the country pursuant to Section 3 (b) as determined by the DECS: 
and 


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(3) 
ten percent (10%) to be allocated in accordance with the 
implementation of the policy of this Act as may be determined by 
the DECS.] 
(1) 
THIRTY PERCENT (30%) OF THE TOTAL CAPITAL 
OUTLAYTO BE ALLOCATED PRO-RATA ACCORDING TO 
EACH LEGISLATIVE DISTRICT'S STUDENT POPULATION IN 
RELATION TO THE TOTAL STUDENT POPULATION OF THE 
COUNTRY; 
(2) 
SIXTY PERCENT (60%) OF THE TOTAL CAPITAL 
OUTLAY TO BE ALLOCATED ONLY AMONG THOSE 
LEGISLATIVE DISTRICTS WITH CLASSROOM SHORTAGES, 
PRO RATA TO THE TOTAL CLASSROOM SHORTAGE OF THE 
COUNTRY PURSUANT TO SECTION 3(B) AS DETERMINED BY 
THE DEPED; AND 
(3) 
TEN 
PERCENT 
(10%) 
TO 
BE 
ALLOCATED 
IN 
ACCORDANCE WITH THE IMPLEMENTATION OF THE 
POLICY OF THIS ACT AS MAY BE DETERMINED BY THE 
DEPED. 
On the [second] FOURTH year and every year thereafter: 
(1) 
fifky percent ( 5 0 % )  of the total capital outlay to be allocated 
pro-rata according to each legislative district's student population in 
relation to the total student population of the country; 
(2) 
forty percent (40%) of the total capital outlay to be allocated 
only among those legislative districts with classroom shortages, [as 
defined in Section 3 (b),] pro-rata to the total classroom shortage of 
(b) 
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the country pursuant to Section 3(b) as determined by the DECS; 
and 
(3) 
ten percent (10%) to be allocated in accordance with the 
implementation of the policy of this Act as may be determined by 
the DECS. 
SECTION 2. Section 5 of the same Act is hereby amended to read as follows: 
Sec. 5. Use of Allocation. - The total amount allocated herein 
shall be used exclusively for capital outlay pursuant to the educational 
priorities of the legislative district, as determined by the DEPED [DECS] 
upon prior consultation with the representative of each legislative district: 
Provided, That the primary objective in the use of any allocation shall be 
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to eliminate classroom shortages if any: Provided, firther, That any 
amount allocated in accordance with subparagraph (1) of paragraphs (a) 
and (b) of the preceding section shall be used only for the acquisition or 
improvement of school sites, construction of school buildings and 
classrooms and the purchase of material or equipment that directly aid in 
education: Provided, furthermore, That the amount so appropriated in 
accordance with subparagraph (2) of paragraphs (a) and (b) of the same 
section shall be used exclusively for the construction of new school 
buildings OR CLASSROOMS: Provided, finally, That if the amount so 
appropriated in subparagraph (2) of paragraphs (a) and (b) should exceed 
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offices. 
the amount required to meet classroom shortage, the excess shall be 
integrated with subparagraph (1) of paragraphs (a) and (b) of the same 
section excluding capital outlays of division offices, regional and central 
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SECTION 3. Section 9 of the same Act is hereby amended to read as follows: 
Sec. [9] 6. 
Release of Capital Outlays. - The appropriation 
herein provided for the construction, rehabilitation, replacement, 
completion and repair of school buildings shall be [directly released to and 
administered by the Department of Public Works and Highways based on 
the work program submitted by the [DECS] DEPED: Provided, That fifty 
percent (50%) of the total appropriation for capital outlay shall be released 
automatically on the first quarter of the calendar year, including its 
corresponding notice of 
cash allocation.] 
RELEASED 
IN THE 
FOLLOWING MANNER 
1. 
ON THE FIRST YEAR OF THE EFFECTIVITY OF THIS ACT: 
A. 
FIFTY PERCENT (50%) OF THE SCHOOL BUILDING FUND 
SHALL BE DIRECTLY RELEASED TO AND ADMINISTERED 
BY THE DEPED OR THE LOCAL GOVERNMENT UNIT AS 
MAY BE AUTHORIZED BY THE DEPED, UNDER THE 
LATTER’S SCHOOL BUILDING PROGRAM; 
FIFTY PERCENT (50%) OF THE SCHOOL BUILDING FUND 
SHALL BE DIRECTLY RELEASED TO AND ADMINISTERED 
B. 
BY 
THE DEPARTMENT OF PUBLIC WORKS AND 
HIGHWAYS (DPWH) BASED ON THE WORK PROGRAM 
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SUBMITTED BY THE DEPED; PROVIDED, THAT TWENTY- 
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FIVE PERCENT (25%) OF THE TOTAL APPROPRIATION 
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FOR 
CAPITAL 
OUTLAY 
SHALL 
BE 
RELEASED 
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AUTOMATICALLY ON THE FIRST QUARTER OF THE 
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CALENDAR YEAR, INCLUDING ITS CORRESPONDING 
NOTICE OF CASH ALLOCATION. 
2. 
ON THE SECOND YEAR OF THE EFFECTIVITY OF THIS ACT: 
A. 
SEVENTY PERCENT (70%) OF THE SCHOOLBUILDING 
FUND SHALL BE 
DIRECTLY RELEASED TO AND 
ADMINISTERED BY THE DEPED OR THE LOCAL 
GOVERNMENT UNIT AS MAY BE AUTHORIZED BY THE 
DEPED, UNDER THE LATTER'S SCHOOL BUILDING 
PROGRAM; 
B. 
THIRTY PERCENT (30%) OF THE SCHOOLBUILDING 
FUND SHALL BE 
DIRECTLY RELEASED TO AND 
ADMINISTERED BY THE DPWH BASED ON THE WORK 
PROGRAM SUBMITTED BY THE DEPED; PROVIDED, 
THAT FIFTEEN PERCENT 
(15%) OF THE TOTAL 
APPROPRIATION FOR CAPITAL OUTLAY SHALL BE 
RELEASED AUTOMATICALLY ON THE FIRST QUARTER 
OF 
THE 
CALENDAR 
YEAR, 
INCLUDING 
ITS 
CORRESPONDING NOTICE OF CASH ALLOCATION. 
3, 
ON THE THIRD YEAR AND EVERY YEAR THEREAFTER, THE 
SCHOOLBUILDING FUND SHALL BE DIRECTLY RELEASED TO 
AND ADMINISTERED BY THE DEPED OR THE LOCAL 
GOVERNMENT UNIT AS MAY BE AUTHORIZED BY THE 
DEPED, 
UNDER 
THE 
LATTER'S 
SCHOOL 
BUILDING 
PROGRAM. 
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SECTION 4. A new Section 7 is hereby inserted to read as follows: 
Sec. 7. INCREASE IN THE ANNUAL BUDGET ALLOCATION. - 
THE BUDGET ALLOCATION PROVIDED FOR THE CAPITAL OUTLAY 
OF THE DEPED SHALL BE INCREASED ANNUALLY TO COMPLY 
WITH THE TARGETED CLASSROOM-STUDENT RATIO AND TO 
DECREASE CLASSROOM SHORTAGES IN THE COUNTRY. 
SECTION 5. Sections 6, 7,8, 10, 11, and 12 of R.A. 7880 are accordingly renumbered as 
Sections 8,9, 10, 11, 12 and 13, respectively. 
SECTION 6. All references to the “Department of Education, Culture and Sports (DECS)” 
in Sections 2, 3, 4, 5, 6 and 9 of Republic Act No. 7880 are accordingly amended to 
“Department of Education (DEPED).” 
SECTION 7. 
inconsistent herewith are deemed repealed or modified accordingly. 
SECTION 8. Separability Clause. - The provisions of this Act are hereby declared to be 
separable and, in the event any provision is declared unconstitutional, the other 
provisions which are not affected thereby shall remain in full force and effect. 
SECTION 9. 
publication in a newspaper of general circulation in the Philippines. 
Repealing Clause. - All laws, decrees and orders or parts thereof 
Effectiviry. - This Act shall take effect fifteen (15) days following its 
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Approved. 
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