Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City, Philippines

FIFTEENTH CONGRESS
First Regular Session

HOUSE BILL NO. 1196

INTRODUCED BY: HON. MARCELINO “MARCY” R. TEODORO.

EXPLANATORY NOTE

Whenever a new school year opens, the media feature the controversial
issues that hound the state of Philippine public education and yet remain
unsolved throughout the years. Of these, one of the most striking is the feature
about the lack of facilities, particularly classrooms, in public schools. This is
combined with visuals about rooms and desks in various states of disrepair, or of
classes being held along corridors, under trees, or worse, in comfort rooms.

The problem stems from the lack of mechanisms to oversee the selection
of school sites, monitor the (quality) construction of schools and the maintenance
or supervision of facilities. This also leads to lack of transparency, thereby
rendering the said procedures conducive for unscrupulous individuals to engage
in graft and corruption.

To address the aforementioned, this bill seeks to establish a program for
the selection of school sites, and the construction and maintenance of buildings
in public elementary and secondary schools. By forging the cooperation between
government agencies like the Department of Budget and Management (DBM),
Department of Public Works and Highways (DPWH), Department of Interior and
Local Government (DILG) and the Department of Education (DepEd), this
measure aims for the strict monitoring of said processes, as well as the
implementation of feasible definite work and financial schedule, in response to
the annual increase in public schools’ population that strain the overtaxed
resources available. The country’s future rests on the betterment of Philippine
education, and the government better start by providing comfortable and
appropriate spaces for learning to its young citizens.

In light of the foregoing, immediate passage of this bill is of paramount
importance and is earnestly sought.

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Modaat feb
MARCELINO “MARCY” R. TEQDORO

Representative, 1$* District
City of Marikina


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City, Philippines

FIFTEENTH CONGRESS
First Regular Session

HOUSE BILL NO. 1196

INTRODUCED BY: HON. MARCELINO “MARCY” R. TEODORO

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 assembled:

Section 1. 3 of Republic Act No. 7880 is hereby amended to read as follows:

“SEC. 3. Definition of Terms.- As used in this Act, the following terms
are hereby defined as follows:

(a) Capital outlay — refers to the provisions of the General Act,
particularly those pertaining to the budget of the [DECS] DEPED
for elementary and secondary education for (i) the acquisition and
improvement to sites; AND(ii) the construction, replacement,
rehabilitation and repair of buildings, classrooms, libraries,
workshops, toilets and other structures; [and (iii) furniture, fixtures,
and equipment such as, but not limited to, desks, chairs,
laboratory and workshop implements, computers, books, and the
other basic and essential tools for learning whose beneficial use
shall exceed one (1) year; and]

(b) CLASSROOM — REFERS TO A STRUCTURE OR BUILDING
INTENDED FOR INSTRUCTIONAL PURPOSES, INCLUDING
THE CHAIRS, DESKS AND OTHER SIMILAR FIXTURES; AND
SHALL EXCLUDE OFFICES, LIBRARIES, LABORATORIES,
WORKSHOPS AND THE LIKE.

(c) Classroom shortage - refers to the number of classrooms whose
construction, in considering the number of students divided by the
existing number of classrooms, shall result in a student-classroom
ratio of [45:1] 40:1[; shall mean those exclusively used for


instructional purposes and shall exclude offices, libraries,
laboratories, workshops and the like]. h
SEC. 2. Section 4 of the same Act is hereby amended to read as follows;

“SEC. 4, Allocation of Appropriation. — any provision of the
law to the contrary, the annual [DECS] DEPED budget for capital
outlay, as defined in Section 3(a), shall be allocated among the
legislative districts in the following manner:

[(a) On the first year of the effectivity of this Act:

(1) thirty (30%) of the total capital outlay to be allocated pro-rata
according to each legislative district's student population in relation
to 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

(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.

(b) On the second year and every year thereafter:

(1) fifty percent (50%) of the total capital outlay to be allocated pro-
rata according to each legislative district's student population in
relation to 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
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.]

(A) TEN PERCENT (10%) 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;

(B) EIGHTY PERCENT (80%) OF THE TOTAL CAPITAL OUTLAY TO
BE ALLOCATED ONLY AMONG THOSE LEGISLATIVE
DISTRICTS WITH CLASSROOM SHORTAGES AS DEFINED IN
SECTION 3 (C), PRO-RATA TO THE TOTAL CLASSROOM
SHORTAGE OF THE COUNTRY PURSUANT TO SECTION 3(C)
AS DETERMINED BY THE DEPED; AND

(C) TEN PERCENT (10%) TO BE ALLOCATED IN ACCORDANCE
WITH THE IMPLEMENTATION OF THE POLICY OF THIS ACT
AS MAY BE DETERMINED BY THE DEPED.

SEC. 3. 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 [lupon prior consultation with the representative of each
legislative district: Provided, the primary objective in the use of any
allocation shall be to eliminate SCHOOL BUILDING/classroom
shortages.fany: Provided, further, 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
classroom and the purchase of material or equipment that directly aid
in education: Provided, furthermore, the amount so appropriated in
subparagraph (2) of paragraphs (a) and (b) of the same section shall
be used exclusively for the construction of new schoolbuildings;
Provided, finally, if the amount so appropriated in subparagraph (2) of
paragraphs (a) and (b) should exceed 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 offices.]

SEC. 4. Section 6 of the same Act is hereby deleted and in lieu thereof, a
new Section 6 is hereby added, which shall read as follows:


SEC. 6. INCREASE IN THE ANNUAL ALLOCATION —
COMPLY WITH THE TARGETED CLASSROOM-STUDENT RATIO
AND TO DECREASE CLASSROOM SHORTAGE IN THE COUNTRY ,
THE BUDGET ALLOCATION PROVIDED FOR THE CAPITAL
OUTLAY OF THE DEPED UNDER THIS ACT SHALL BE
INCREASED ANNUALLY BY TWENTY PERCENT (20%).

SEC. 5. Section 9 of the same Act is hereby renumbered as Section 7 and
amended to read as follows:

“SEC. [9] 7. Release of Capital Outlays. — appropriation herein
provided for the construction, rehabilitation, replacement, completion and
repair of school buildings shall be [released to and administered by the
Department of Public Works and Highways based on the work program
submitted by the DECS: 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. JRELEASED IN THE FOLLOWING MANNER:

ON THE FIRST YEAR OF EFFECTIVITY OF THIS ACT :

(1) 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;

(2) FIFTY PERCENT (50%) OF THE SCHOOL BUILDING FUND
SHALL BE DIRECTLY RELEASED TO AND ADMINISTERED BY
THE DEPARTMENT OF PUBLIC WORKS AND HIGHWAYS
(DPWH) BASED ON THE WORK PROGRAM SUBMITTED BY
THE DEPED;

(A) ON THE SECOND YEAR OF THE EFFECTIVITY OF THIS ACT:

(1) SEVENTY PERCENT (70%) 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;


(2) 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.

(B) 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.

PROVIDED THAT THE DBM AND THE DEPED SHALL FORM
WITHIN THE LAST QUARTER OF EVERY YEAR A COMMITTEE
TASKED TO DRAW A SCHOOL BUILDING EXPENDITURE
PROGRAM WHICH SHALL BE IMPLEMENTED IN THE
IMMEDIATELY SUCCEEDING YEAR, WHICH AMONG OTHERS,
SHALL INCLUDE A LIST OF SCHOOL BUILDING/CLASSROOM TO
BE FUNDED BY THE SAID SUCCEEDING YEARI fS BUDGET.
THE DRAWING OF THE PROGRAM TOGETHER WITH THE LIST
SHALL BE DEEMED COMPLETE AND FINAL ON 31 DECEMBER
OF EVERY YEAR, EVIDENCED BY THE SIGNATURES OF BOTH
THE DBM AND DEPED SECRETARIES;

PROVIDED, FURTHER, THAT THE DBM SHALL ISSUE THE
SPECIAL ALLOTMENT RELEASE ORDER (SARO) (OR ITS
EQUIVALENT) FOR PROJECTS IN THE LIST, TOGETHER WITH
THE RELEASE OF CASH AMOUNT EQUIVALENT TO AT LEAST
FIFTEEN PERCENT (15%) OF EACH TOTAL PROJECT COST, ON
OR BEFORE JANUARY 31;

PROVIDED, FURTHERMORE, THAT THE BIDDING AND
THE AWARDING FOR SAID PROJECTS SHALL HAVE BEEN
COMPLETED WITHIN SIXTY (60) DAYS AFTER THE ISSUANCE OF
THE SARO;

PROVIDED, FINALLY, THAT THE NOTICE OF CASH
ALLOCATION (NCA) (OR ITS EQUIVALENT), WHICH SHALL
CONTAIN THE BALANCE OF THE TOTAL PROJECT COST, SHALL
BE RELEASED AND COMPLETED WITHIN THIRTY DAYS AFTEER


THE AWARDING OF THE PROJECT TO THE IMPLEMENTOR.

FAILURE TO COMPLY WITH ANY OF THE PROVISIONS OF
THIS SECTION SHALL RENDER THE SECRETARIES OR THE
CONCERNED STAFF LIABLE UNDER THE PENAL PROVISIONS
OF THIS ACT.

SEC. 6. new Section 8 is hereby added to RA 7880, which shall read as
follows:

SEC. 8.REPORTORIAL REQUIREMENT. - THE
DEPARTMENT OF BUDGET AND MANAGEMENT (DBM), THE
DEPARTMENT OF PUBLIC WORKS AND HIGHWAYS (DPWh),
AND THE DEPARTMENT OF EDUCATION (DEPED) ARE HEREBY
REQUIRED TO SUBMIT TO THE RESPECTIVE COMMITTEES ON
EDUCATION OF BOTH HOUSES OF CONGRESS AN ANNUAL
REPORT ON THE RELEASE AND UTILIZATION OF THE CAPITAL.
OUTLAY UNDER THIS ACT: PROVIDED, THAT SUCH
SUBMISSION SHALL BE SEPARATE AND DISTINCT FROM THE
REPORTS THEY SUBMIT TO CONGRESS RELATED TO
DELIBERATIONS ON THE ANNUAL GENERAL APPROPRIATIONS
ACT.

SEC. 7. 7 of the same Act is hereby renumbered as Section 9.

SEC. 8. 8 of the same Act is hereby renumbered as Section 10 and
amended to read as follows:

“SEC. [8] 10. Penal Clause. - VIOLATION OF THE PROVISIONS OF
THIS ACT SHALL BE CONSIDERED AS DERELICTION OF DUTY AS SET
FORTH IN PERTINENT ADMINISTRATIVE AND CIVIL SERVICE LAWS,
AND SHALL BE ADMINISTRATIVELY DEALT WITH IN ACCORDANCE
WITH APPROPRIATE EXISTING ADMINISTRATIVE PROCEDURES AND
PENALTIES.

Any public official or employee or private individual who wilfully
or knowingly misappropriates the funds allocated herein or uses the
same for personal gain in violation of Section 5 of this Act shall be
punished with perpetual disqualification from public office and
imprisonment for not less than six (6) years but not more than fifteen
(15) years.


SEC. 9. All references to the 0 gDepartment of Education, Culture and
Sports] h or 1 gDECS! h under Republic Act No. 7880 are hereby amended to read
asl] gDepartment of Education h or gDepEDI h, respectively.

SEC. 10. Implementing Rules and Regulations. Department of Education
shall, upon consultation with the Department of Budget and Management, the
Department of Public Works and Highways and the Department of Interior and Local
Government, promulgate the necessary rules and Regulations for the immediate and
effective implementation of this Act within a period of sixty (60) days after the
effectivity of this Act.

SEC. 11. Repealing Clause. - laws, decrees, orders, rules and regulations,
and all other issuances or parts thereof, which are inconsistent with this Act are
deemed repealed or modified accordingly.

SEC. 12. 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.

SEC. 13. Effectivity.- This Act shall take effect fifteen (15) days following its
publication in a newspaper of general circulation in the Philippines.

Approved,