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Republic of the Philippines
House of Representatives
Quezon City

SEVENTEENTH CONGRESS

Second Regular Session <=

House Bill No. 6730

Introduced by Representative JOSE ENRIQUE S. GARCIA III

EXPLANATORY NOTE

On May 15, 2013, Republic Act 10533 otherwise known as the “Enhanced Basic
Education Act of 2013" was enacted into law. It modified basic education in the country
by requiring kindergarten enrollment and a total of twelve (12) years of elementary and
secondary education. With the goal of providing sufficient time for mastery of concepts
in preparation for tertiary education and eventual employment, RA 10533 established
an additional two (2) years of senior high school studies.

Senior High School (SHS) provides specialized upper secondary education where
students choose a concentration based on aptitude and interests. There are seven
learning areas all students must study under the core curriculum that include languages,
literature, communication, mathematics, philosophy, natural sciences, and social
sciences. Meanwhile, the specialized subjects depend on the student's chosen career
track that may be Academic, Technical - Vocational - Livelihood, Arts and Design, or
Sports.

‘The SHS program was fully implemented during School Year 2016 - 2017.
Figures show that of the over One Million SHS enrollees, roughly 60% enrolled in the
Academic Track, 39% enrolled in the Technical- Vocational Livelihood Track, 0.15%
enrolled in the Sports Track, and 0.28% enrolled in the Arts and Design Track.

Low enrollment in the Arts and Design and Sports Track is attributed to several
factors - the most pressing of which is the scarcity of schools teaching said tracks. While
local demand is taken int@ consideration, school capacity and the availability of learning
facilities and teaching staff largely determine track offerings. As a consequence, students
who are interested in the two tracks are forced to either enroll in a different school if
one is available nearby, or choose a track that is not suited to their innate abilities.

This bill seeks to remedy the current situation by requiring that at least one
school in every province and city nationwide offer the Arts and Design Track. It is hoped
that with the passage of this bill, the various competencies of students will be
maximized and quality education will be more accessible to all.

Support for this bill is therefore earnestly sought. :
jane

JOSE ENRIQUE S. GARCIA III
2n4 DistrieY, Province of Bataan


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Republic of the Philippines
House of Representatives
Quezon City

SEVENTEENTH CONGRESS

Second Regular Session

House Bill No,_ 6730

Introduced by Representative JOSE ENRIQUE S. GARCIA III

AN ACT MANDATING AT LEAST ONE SCHOOL IN ALL PROVINCES AND
HIGHLY URBANIZED CITIES NATIONWIDE TO OFFER THE ARTS AND
DESIGN TRACK AND APPROPRIATING FUNDS THEREFOR

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

SECTION 1. Declaration of Principles - 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.

The State shall establish, maintain, and support a complete, adequate, and
integrated system of education relevant to the needs of the people and society,
taking into consideration the different capabilities of each student.

The State shall foster the preservation, enrichment and dynamic evolution
of the Filipino culture in a climate of free artistic and intellectual expression, and
shall encourage such discourse and learning in an educational setting.

SECTION 2. Mandate - It is mandated that at least one (1) public senior
high school (SHS) in all provinces and all highly urbanized cities nationwide shall
be required to offer the Arts and Design Track. The Department of Education
(DepEd) shall, in coordination with the local government unit concerned, take
into consideration the school capacity, faculty readiness, location, and local
student demand in identifying and assigning the appropriate SHSs in accordance
with this Act.

SECTION 3. Compliance - The DepEd shall develop a list of criteria that
each SHS must comply with to ensure the effective implementation of Section 2
of this Act; Provided that, notwithstanding such criteria, all provinces and all
highly urbanized cities must have at least one (1) SHS offering the Arts and
Design Track. Appropriate incentives shall be given to compliant SHSs which
may include a higher budget percentage during the next succeeding year,
priority in facilities construction and rehabilitation, preference in faculty

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trainings, and other benefits deemed fit by the DepEd or the LGU concerned;
Provided that, the DepEd shall, in consultation with the LGU concerned,
formulate and issue appropriate guidelines for such incentives. A monitoring
system shall likewise be established by the DepEd to guarantee the proper
execution of this section.

SECTION 4. Tax Exemptions - All legacies, gifts and donations for the
benefit of the SHSs offering an Arts and Design Track, or for its support and
maintenance, or for aid to any of its students enrolled in the Arts and Design
Track shall be exempt from Donor’s Tax. The same shall be considered as
allowable deductions from the gross income in the computation of the income
tax of the donor, in accordance with the provisions of the National Internal
Revenue Code (NIRC), as amended: Provided, That such donations shall not be
disposed of, transferred or sold by the SHS for other purposes.

The SHS shall likewise be exempt from taxes and duties on any
equipment, books, articles or goods the SHS may import from abroad exclusively
for educational purposes in accordance with the provisions of the Tariff and
Customs Code, as amended; Provided that, if such equipment, books, articles or
goods are disposed to third parties, the appropriate taxes and duties on such
equipment, books, articles or goods must be paid.

Likewise, the SHS shall be exempt from withholding taxes on honoraria or
fees paid by the high school to visiting lecturers or professors.

Finally, all the revenues, grants, endowments, donations, contributions
and assets of the SHS used actually, directly and exclusively for educational
purposes and development of the Arts and Design Track shall be exempt from
taxes and duties, subject to the conditions set forth in Article XIV, Section 4 of the
1987 Philippine Constitution.

SECTION 6. Academic Freedom and Institutional Autonomy - Nothing in
this Act shall be construed as encroaching on the academic freedom of
educational institutions. The SHS shall enjoy academic freedom and institutional
autonomy, pursuant to paragraph 2. Section 5 of Article XIV of the 1987
Constitution of the Republic of the Philippines.

SECTION 7. Faculty. - No political beliefs, gender preferences, cultural or
community affiliation, ethnic origin, and religious opinion or affiliation shall be a
matter of inquiry in the appointment of faculty members of the school: Provided,
That said appointment shall be subject to the guidelines, qualifications and/or
standards set by the DepEd. Provided, further, That no member of the faculty
shall teach for or against any particular church or religious sect.

SECTION 8. Appropriation - Such sums as may be necessary for the
continued operation and maintenance all SHSs offering the Arts and Design
Track shall be provided in the yearly General Appropriations Act of the national
government.


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The LGUs concerned shall likewise continue to provide assistance to the
corresponding SHSs.

A portion of the profit of the Philippine Gaming and Amusement
Corporation (PAGCOR) shall be allotted annually for the continued operation and
improvement of SHSs offering the Arts and Design Track.

SECTION 9. Suppletory Application - The provisions of Republic Act Nos.
9155 and 1053, otherwise known as the “Governance of Basic Education Act of
2001” and “Enhanced Basic Education Act of 2013” respectively, shall be made
an integral part of this Act.

SECTION 10. Implementing Rules and Regulations ~The Department of
Education, in coordination with the National Commission for Culture and Arts
shall, within one hundred twenty (120) days from the effectivity of this Act, issue
such rules and regulations as may be necessary to carry out the purposes of this
Act.

SECTION 11. Separability Clause - If, for any reason, any part or provision
of this Act is declared invalid or unconstitutional, the remaining parts or
provisions not affected shall remain in full force and effect.

SECTION 12. Repealing Clause ~ All laws, presidential decrees, executive
orders, rules and regulations contrary to or inconsistent with the provisions of
this Act are hereby repealed or modified accordingly.

SECTION 13. Effectivity - This Act shall take effect fifteen (15) days upon
the approval and publication thereof.

Approved.