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Republic of the Philippines
HOUSE OF REPRESENTATIVES

Quezon City

EIGHTEENTH CONGRESS
First Regular Session

HOUSE BILL NO. 4990

AN ACT
EXPANDING THE PURPOSES AND APPLICATION OF THE SPECIAL
EDUCATION FUND, AMENDING FOR THE PURPOSE SECTIONS
100 AND 272 OF REPUBLIC ACT NO. 7160, OTHERWISE KNOWN
AS THE LOCAL GOVERNMENT CODE OF 1991

EXPLANATORY NOTE

This bill seeks to expand the purpose and application of the special
education fund amending for such purpose Sections 100 and 272 of
Republic Act 7160, otherwise known as the Local Government Code of
1991.

In September 25, 1968, Republic Act 5447 was passed establishing
the Special Education Fund to financially support the goals of education.
For many years, public schools have always been burdened by the growing
needs of its population not to mention the ever-continuing mandate to
continuously evolve to correspondingly adapt to the challenges of modern
times. In 1987, our Philippine Constitution was passed. However, Section
272 of the 1987 Constitution delimited the items of expenditures under
which the Special Education Fund (SEF) can be made or utilized. This
delimitation equally narrowed down the scope of assistance available to
our public schools. Notably, public schools essentially rely their
developmental programs on SEF assistance.

Accordingly, considering the continuing needs of our public schools,
there is a need to expand the purpose and application of the SEF to meet
the demands of our elementary and public schools.


Hence, this earnest request for the immediate passage of this bill.

. AGABAS
Representative
6% District, Pangasinan


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Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

EIGHTEENTH CONGRESS
First Regular Session

HOUSE BILLNO. 4930

Introduced by Representative TYRONE D. AGABAS

AN ACT
EXPANDING THE PURPOSES AND APPLICATION OF THE SPECIAL
EDUCATION FUND, AMENDING FOR THE PURPOSE SECTIONS
100 AND 272 OF REPUBLIC ACT NO. 7160, OTHERWISE KNOWN
AS THE LOCAL GOVERNMENT CODE OF 1991

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

SECTION 1. Section 100 of Republic Act No. 7160, otherwise known as

the “Local Government Code of 1991” is hereby amended to read as

follows:

“SEC. 100. Meeting and Quorum; Budget. - (a) The local school
board shall meet at least once a month or as often as may be

necessary

(b) Any of the co-chairmen may call a meeting. A majority of all
its members shall constitute a quorum. However, when both co-
chairman are present in a meeting, local chief executive concerned,
as a matter of protocol, shall be given preference to preside over the
meeting. The division superintendent, city superintendent or
district supervisor, as the case may be, shall prepare the budget of
the school board concerned. Such budget shall be supported by
programs, project, and acti

ies of the school board for the ensuing

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fiscal year. The affirmative vote of the majority of all the member
shall be necessary to approve the budget.

(c) The annual school board budget shall give priority to the

following:

(1) Construction, repair, and maintenance of school buildings,
ADMINISTRATION OFFICES, ASSEMBLY HALLS,
LABORATORIES, and other facilities AND IMPROVEMENTS
of public elementary and secondary schools,

(2) OPERATION AND MAINTENANCE OF PUBLIC
ELEMENTARY AND SECONDARY SCHOOLS;

(3) PROVISION FOR SCHOOL UNIFORMS;

(4) {(2)] Establishment and maintenance of extension classes
where necessary; [and]

(5) _ [(3)] Sports activities at the division, district, municipal, and
barangay levels, AND

(6) FUNDING FOR THE EARLY CHILDHOOD CARE AND
DEVELOPMENT PROGRAM.;

SEC. 2. Section 272 of the Code is hereby amended to read as follows;

“SEC. 272. Application of proceeds of the Additional One Percent SEF
Tax. - The proceeds from the additional one percent (1%) tax on real
property accruing to the Special Education Fund (SEF) shall be
automatically released to the local school board: Provided, That, in
case of provinces, the proceeds shall be divided equally between the
provincial and municipal school boards: Provided, however, That
the proceeds shall be allocated for the FOLLOWING: [operation and
maintenance of public schools, construction and repair of school
buildings, facilities, and equipment, educational research, purchase

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of books and periodical, and sports development as determined and
approved by the Local School Board.”|

(1)

(2)

(3)

(4)

(5)

(6)

CONTRUCTION, REPAIR, AND MAINTENANCE OF SCHOOL
BUILDINGS, ADMINISTRATION OFFICES, ASSEMBLY
HALLS, LABORATORIES, AND OTHER FACILITIES AND
IMPROVEMENT OF PUBLIC ELEMENTARY AND
SECONDARY SCHOOLS;

OPERATION AND MAINTENANCE OF PUBLIC SCHOOLS
INCLUDING PAYMENT OF COMPENSATION, SALARIES,
WAGES, ALLOWANCES, AND OTHER BENEFITS OF
TEACHING AND NON-TEACHING PERSONNEL: PROVIDED,
THAT ALLOWANCES AND BENEFITS AUTHORIZED BY
LAW FOR TEACHING AND NON-TEACHING PERSONNEL
BUT NOT SUFFICIENTLY PROVIDED FOR BY THE
DEPARTMENT OF EDUCATION AND THE DEPARTMENT
OF BUDGET AND MANAGEMENT MAY BE PAID FROM THE
SEF SUBJECT TO AVAILABILITY OF FUNDS;

ESTABLISHMENT AND MAINTENANCE OF EXTENSION
CLASSES WHEN NECESSARY;

ACQUISITION AND TITLING OF SCHOOL SITES;

PURCHASE AND MAINTENANCE OF TRANSPORT
VEHICLES, EQUIPMENT, AND APPARATUS EXCLUSIVELY
FOR SCHOOL USE;

ACQUISITION AND/OR SUBSCRIPTION OF BOOKS
PERIODICALS, TEACHING AIDS, AND INSTRUCTIONAL
MATERIALS;

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(7) EDUCATIONAL RESEARCHES, TRAININGS, WORKSHOPS,
OR CONFERENCES UNDERTAKEN OR ATTENDED TO BY
TEACHERS AND STUDENTS;

(8) SPORTS DEVELOPMENT AS MAY BE DETERMINED AND
APPROVED BY THE LOCAL SCHOOL BOARD;

(9) PROVISION FOR SCHOOL UNIFORMS AS MAY BE
DETERMINED AND APPROVED BY THE LOCAL SCHOOL
BOARD;

(10) FUNDING FOR THE EARLY CHILDHOOD CARE AND
DEVELOPMENT PROGRAM; AND

(11) SUCH OTHER EXPENSES NECESSARY OR INCIDENT TO
THE OPERATION AND MAINTENANCE OF PUBLIC
SCHOOLS WHICH ARE NOT SUFFICIENTLY PROVIDED
FOR IN THE REGULAR APPROPRIATION OF THE
DEPARTMENT OF EDUCATION.

SEC. 3. If any provision of this Act is declared unconstitutional or
invalid, other sections or parts hereof not affected thereby shall remain in
full force and effects.

SEC. 4. All laws, decrees, executive orders, rules and regulations or other
issuances or parts thereof inconsistent with the provision of this Act are
hereby repealed or modified accordingly.

SEC. 5. This Act shall take effect fifteen [15] days after its publication in
the Official Gazette or in a newspaper of general circulation.

Approved,

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