HOUSE OF REPRESENT,

RECEIVED
pone, 0) AUG 2016

Republic of the Philippines rwe:_Uf
HOUSE OF REPRESENTATIVES — 8.

SEVENTEENTH CONGRESE
First Regular Session

House Bill No._ 2219

Introduced by Representative GLORIA MACAPAGAL ARROYO

AN ACT ESTABLISHING A FRAMEWORK OF GOVERNANCE AND
DEVELOPMENT FOR THE PHILIPPINE EDUCATION SYSTEM, INTEGRATING THE
PRESENT DEPARTMENT OF EDUCATION (DEPED), THE COMMISSION ON
HIGHER EDUCATION (CHED), AND THE TECHNICAL EDUCATION AND SKILLS
DEVELOPMENT AUTHORITY (TESDA) INTO ONE AGENCY TO BE CALLED THE
DEPARTMENT OF EDUCATION AND TRAINING (DET), APPROPRIATING FUNDS
THEREFOR AND FOR OTHER PURPOSES

EXPLANATORY NOTE

Education is the backbone of society. It is the foundation of culture and
civilization and it plays a pivotal role in the development of values and virtues
Education helps realize an individual's maximum potential. It is also instrumental in
spelling a nation’s progress.

While it is the State's declared policy to ensure that every Filipino's intellectual
growth is safeguarded by making education accessible to all, the fragmented
governance of education has been a stumbling block in fully achieving an educational
system that is responsive, competent and empowering

Looking into the thrusts of the Department of Education, the Commission on
Higher Education, and the Technical Education and Skills Development Authority will
reveal that these agencies are all committed to common goals: quality education
continuing intellectual and skills development, excellence and nationalism

An integrated administration of the entire educational system is therefore needed
to create a synergy and steer the system to a cohesive direction

This bill is geared to provide a comprehensive framework for the governance and
development of the Philippine education system. It sets a holistic approach towards
achieving optimum learning outcomes. It seeks to empower educational institutions to
develop as effective partners in the delivery of educational services at all levels and in
the attainment of greater access to educational opportunities

Immediate approval of this bill is earnestly sought.

REP. GLORIA MACAPAGAL ARROYO
Secohd District, Pampanga


Republic of the Philippines
HOUSE OF REPRESENTATIVES

SEVENTEENTH CONGRESS
First Regular Session

House Bill No. 2210

Introduced by Representative GLORIA MACAPAGAL ARROYO

AN ACT ESTABLISHING A FRAMEWORK OF GOVERNANCE AND
DEVELOPMENT FOR THE PHILIPPINE EDUCATION SYSTEM, INTEGRATING THE
PRESENT DEPARTMENT OF EDUCATION (DEPED), THE COMMISSION ON
HIGHER EDUCATION (CHED), AND THE TECHNICAL EDUCATION AND SKILLS
DEVELOPMENT AUTHORITY (TESDA) INTO ONE AGENCY TO BE CALLED THE
DEPARTMENT OF EDUCATION AND TRAINING (DET), APPROPRIATING FUNDS
THEREFOR AND FOR OTHER PURPOSES

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

SECTION 1. Title. - This Act shall be known as the “Philippine Education
Integration Act of 2016”

SEC. 2 Declaration of Policy. - The State shall protect foster and promote
the right of all citizens to affordable quality education at all levels and shall take
appropriate steps to ensure that education shall be accessible to all. The State
shall likewise ensure and protect academic freedom and shall promote its exercise
and observance for the continuing intellectual growth, the advancement of learning and
research. the development of responsible and effective leadership, the education of
high-level and middle-level professionals, and the enrichment of our historical and
cultural heritage.

Towards this end, state-supported basic education, post-secondary. technical
and vocational institutions shall gear their programs/course offerings to national.
regional or local development plans taking into consideration the imperatives of total
human development. capital stock formation national interest and globalization.

SEC. 3. Purposes and Objectives. - The purposes and objectives of this Act are:

(a) To provide the framework for the governance of basic education, post-
secondary. technical-vocational and higher education which shall set the

general directions for educational policies, quality standards, guidelines and
Supervision for achieving learning outcomes;

(b) To define the roles and responsibilities of and provide resources to the
integrated agencies, as well as different offices at various levels of the new
Department for the implementation of educational programs, projects and
services in their respective jurisdictions;

(c) To empower educational institutions to develop as effective partners in the
delivery of educational services at all levels in the attainment of greater
access to educational opportunities.


SEC. 4. Governance. - The Department of Education and Training, which is
created pursuant to this Act and hereinafter, referred to as the Department’ shall be
vested with authority, accountability and responsibility for ensuring access to, promoting
equity in, and improving the quality of basic, post-secondary, technical-vocational and
higher education

SEC. 5. Creation of the Department of Higher Education. - In pursuance of the
abovementioned policies, the present Department of Education (DepEd), the
Commission on Higher Education (CHED) and the Technical Education and Skills
Development Authority (TESDA) are hereby abolished and thus, absorbed as part of the
Department.

The Department shall be headed by the Department Secretary Its coverage
shall be both public and private educational institutions offering basic education, post-
secondary, vocational and technical, polytechnic and higher education programs including
but not limited to state universities and colleges, local universities and colleges and other
basic education, non-degree and degree granting institutions operated by other
government entities.

SEC. 6. The Office of the Secretary. - The authority and responsibility for the
exercise of the mandate of the Department and for th~ discharge of its powers and
functions shall be vested in the Secretary, who shall be part of the Cabinet and who
shall have supervision and control of all the offices and personnel of the Department
and Its attached agencies.

SEC. 7. Appointment of the Department Secretary and Undersecretaries. - The
President, with the concurrence of the Commission on Appointments shall appoint the
Secretary who should be a holder of an earned doctorate degree taken In a reputable
education institution and has been actively engaged in education for at least ten (10)
years, and must not have been a candidate for elective position In the elections
immediately preceding his/her appointment. The appointee shall be an academician
known for his/her high degree of professionalism and Integrity and who has
distinguished himself/herself as an authority in his/her chosen field of learning. The
above qualifications shall also be applicable to the undersecretaries to be appointed

SEC. 8. The Office the Undersecretaries. - The Department shall have as many
undersecretaries as allowed by law to assist the Secretary for the discharge of the
mandates, powers and functions of the Department; provided, however, that at least tv/o
(2) undersecretaries shall be permanent, career undersecretaries and eligible as Career
Executive Service Officer (CESO).

SEC. 9. Office of the Undersecretary for Basic Education. - The Office of the
Undersecretary for Basic Education shall include all the staff bureaus and services
involved in educational program guidelines formulation, quality ;standards development,
regulatory, and service delivery programs pertinent to preschool, elementary and
secondary education programs being implemented by the Department's Ill1e operating
units

SEC. 10. Office of the Undersecretary for Skills Development, Polytechnic and
Vocational Education. The Office of the Undersecretary for Skills Development,
Polytechnic and Vocational Education shall include all the staff bureaus and services
involved in educational program guidelines formulation, quality standards development,
regulatory, and service delivery programs pertinent to polytechnic, vocational and skills
development programs being implemented by the Department's line operating units.


SEC. 11. Office of the Undersecretary for Higher Education Programs. The
Office of the Undersecretary for Higher Education Programs shall include all the staff
bureaus and services involved in educational program guidelines formulation, quality
standards development, regulatory, and service delivery programs pertinent to higher
education programs and courses being implemented by the Department's line operating
units.

SEC. 12. Office of the Undersecretary for Legal, Administration and Finance. -
The Office of the Undersecretary for Legal, Administration and Finance shall supervise
all agencies involved in legal and legislative services, the formulation and
implementation of programs and projects pertinent to the budget, and the development
of Department-wide plans for administration of the Department

SEC. 13. Office of the Assistant Secretaries. The Department shall have as
many assistant secretaries as allowed by law to assist the Secretary and the
Undersecretaries for the discharge of the mandates, powers and functions of the
Department; provided, however, that at least two (2) assistant secretaries shall be
permanent and with CESO eligibility

SEC. 14. Board of Advisers. _ There shall be constituted a Board of Advisers
which shall meet with the Department at least once a year to assist it in aligning its
policies and plans with the cultural, political and socioeconomic development needs of
the nation and with the demands of world-class scholarship, technological development,
and globalization.

The Board of Advisers shall be composed of the following:
(a) The Secretary of Education and Training as Presiding Officer;

(b) The Director-General of the National Economic Development Authority. as co-
Presiding Officer;

(c) The Secretary of Labor and Employment;
(d) The Secretary of Science and Technology; ,

(e) The Secretary of Trade and Industry;

(f) The Chairman of the Civil Service Commission; and

(g) The President of the Philippine Chamber of Commerce and Industry, as
members.

SEC. 15. Powers and Functions of the Department. _ Aside from the usual
functions of a Department mandated by the Revised Administrative Code of 1987, the
Department shall have the following additional powers and functions:

(a) Formulate development plans, policies, priorities, and programs on theentire;
educational system;

(b) Set minimum standards for programs/courses of studies at all levels subject
to public hearing, and enforce the same, -as well as to approve trade skills
standards and trade tests as established and conducted by private industries
including registrations of educational institutions and conduct of certifications;


(c) Monitor and evaluate the performance of programs ~— and
educational institutions for appropriate incentives, as well as the
imposition of sanctions such as, but not limited to, diminution or

withdrawal of subsidy downgrading or withdrawal of
permitrecognition/registration and/or of status conferred by the
Department, —_non-recognition of accreditation, or termination of

program or certificate, or closure of the school or training center,

(d) Identify, support and develop potential centers of excellence in different
levels and program areas needed for the development of world class
scholarship. nation-building and national development;

(e) Approve and allocate the budgets of public educational institutions
including state universities and colleges (SUCs), as well as,
implement" general guidelines for the use of their income;

(f) Rationalize educational institutions and their educational offerings and
set standards, policies and guidelines for the creation of new ones, as well
as the conversion or elevation of schools to institutions of higher learning
subject to budgetary limitations and the number of institutions of higher
learning in the province or region where creation, conversion or elevation
is sought to be made;

(g) Administer the Education Development Fund and other existing
development funds and those to be established which will promote the
purposes of this Act;

(h) Review the charters of educational institutions under the jurisdiction of the
Department by virtue of this Act, including the chairmanship and
membership of SUCs governing boards to the extent allowed by law
and regulate the offering of their education programs, as well as other
government educational institutions consistent with existing laws;

Promulgate such rules and regulations and exercise such other powers and
functions as may be necessary to carry out effectively the purposes
and objectives of this Act; and

(

() Perform such other functions as may be necessary for its effective
operations and for the continued enhancement, growth or development of
tertiary education.

SEC. 16. The Department Secretariat. - There shall be created a Secretariat,
which shall provide technical and management staff support to the Office of the
Secretary and the Undersecretaries and shall be headed by an Executive Director who is
permanent and CESO eligible. The Executive Director shall prepare and recommend the
Secretariat's staffing pattern, determine the duties, qualifications, responsibilities and
functions, compensation scheme and budget subject to the national compensation and
position classification plan. The Secretary shall appoint the members of the staff, upon

the recommendation of the Executive Director.

SEC. 17. The Educational Development Fund (EDF). - The Higher Education
Development Fund created under R.A. 7722, the Special Education Fund of the TESDA
and other trust funds in the DepEd are hereby integrated and strengthened as a trust
fund and henceforth known as the Educational Development Fund hereinafter referred
to as the Fund, to be used exclusively for the upgrading and strengthening of alll levels
of education in the entire country. The Fund shall be allocated and disbursed subject,
to the needs of institutions and in consonance with the priorities and development
thrusts of the country,


Aside from existing sources as may be provided by law, the Fund shall be
supported and sustained from the following sources. among others:

(a) The equivalent of forty percent (40%) annual shale on the
total gross collections of the travel tax;

(b) The equivalent of thirty percent (30%) share of the collections
from. the Professional Registration Fee;

(0) The equivalent of one per cent (1%) of the gross sales of the lotto operation of
the Philippine Charity Sweepstakes Office (PCSO);

(d) The contribution of an equivalent to not less than three per cent (3%) but
not more than five per cent (5%) of the unimpaired surplus realized during
the immediately preceding year starting the Fiscal Year 2011 and every
year thereafter from government financial institutions identified and
requested by the Department; and

(e) The contributions, donations, gifts, legacies and other conveyances including
materials, equipment, real and personal properties, as well as services by
gratuitous title from private sources, such as private individuals, corporations
non-government organizations (NGOs) and government organizations (GOs)
both locally and internationally, subject to the usual procedures and to be
known as the private portion of the Fund

SEC. 18. Management and Administration of the Educational Development and
Fund. - The Fund shall be administered by the Department and for sound arid judicious
management, the Secretary shall appoint a reputable government financial institution as
portfolio manager of the Fund.

As administrator of the Fund, the Department shall prepare the necessary
guidelines for its use, subject to the following conditions:

(a) No part of the seed capital of the Fund, including the earnings thereof, shall
be used to underwrite overhead expenses for administration;

(b) The equivalent of thirty per cent (30%) of the amount of private contributions
may be used for administrative expenses one time only and on annual basis:
Provided, however, that no part of the earings shall be used for
administrative expenses unless otherwise stipulated by the privatedonor

(c) The Secretary shall appoint and organize separate staff, Independent
administratively and budgetarily from the Department personnel to provide
staff support to the Fund; Provided, however, that the compensation of said
staff shall be subject to the approval of the Secretary and sourced from the
private portion of the Fund and from the allowable portion of the earnings:

(d) The Fund shall be utilized equitably according to such criteria to be
formulated by the Department taking into consideration the following, among
others: regional spread, the needs of the institutions, the priorities and
programs of the Department, national and regional needs and priorities.

SEC. 19. Governance of State Universities and Colleges. - Provisions of other
laws notwithstanding, the Chairmanship of SUCs shall be vested in the Secretary of
Education and shall continue to chair and govern such boards; Provided, however. that
in meritorious instances, the Secretary may designate his/her Undersecretaries and


Assistant Secretaries to represent him/her in the governing boards as chair-designates
subject to his/her control and supervision.

SEC. 20. The Bureaus, Offices, Department Services, Regional Offices, District
Offices and other Field Offices. - Except as otherwise provided by law, the Department is
hereby authorized to establish, operate and maintain such Bureaus, Offices and
Department Services including, but not limited to. the Financial and Management
Service, the Administrative Service, Public Assistance Service, Management
Information Service and whenever necessary the Technical and Legal Services.
Likewise, bureaus which are either line or staff may be created to perform a single
major function or closely related functions of the Department such as the Bureau of
Elementary Education, Bureau of Secondary Education, Bureau of Policy, Planning and
Information, Bureau of Student Services and Scholarships, Bureau of Educational
Quality Assurance and Management, Bureau of Skills Development and Vocational
Education and, Bureau of Alternative Learning Systems. The bureaus created shall be
headed by a Director and whenever necessary, shall be assisted by an Assistant
Director.

The Department shall establish Regional Offices, District Offices and other Field
Offices in each of the administrative regions of the country, insofar as necessary to
promote economy and efficiency in the delivery of its services. Its Regional Offices
shall be headed by a Regional Director who shall have supervision and control thereof.
The Regional Director, whenever necessary, shall be assisted by an Assistant Regional
Director. Likewise, District Offices and other Field Offices may be created as necessary
for the effective fulfilment and discharge of the Department mandates and shall be headed
by Directors or officers of appropriate rank

SEC. 21. The Technical Panels and Industry Boards. -The Department may
organize technical’ panels/industry — boards/committees/councils for different
disciplines/program/certification areas insofar as necessary to promote professionalism
and efficiency in the delivery of its services. They shall assist the Department In setting
standards, certification and policy development. The technical panels/industry
boards/committees/councils shall be composed of senior specialists or academicians,
industry/business leaders and experts, noted practitioners, and other eminent persons in
the field to be appointed by the Secretary.

SEC. 22. Pathways and Incentives for Quality Assurance. - The Department
shall encourage educational institutions to upgrade their status to higher quality
categories or levels through adoption of various quality pathways including but not
limited to, undergoing voluntary accreditation, compliance with Institutional Quality
Assurance, Monitoring and Evaluation (IQAME), International Organization for
Standardization (ISO) status, or in any combination of these pathways. Moreover, the
Department may provide incentives to institutions, public and private that are
undergoing upgrading of their programs to attain higher quality status.

SEC. 23. Tax Exemptions. - Any donation, contribution, bequest, and grant
which may be made to the Department shall constitute as allowable deduction from the
income of the donor for income tax purposes and shall be exempt from donor's tax,
subject to such conditions as provided under the National Internal Revenue Code, as
amended.

SEC. 24. Appropriation. - In addition to the existing balance of the HEDF, the
Special Education Fund of TESDA and similar trust funds of the DepEd are hereby
transferred to the Department.


Moreover, the sum equivalent to the appropriations for the current year for
DepEd, CHED, and TESDA, such as those for personal services maintenance and
other operating expenses and capital outlay, shall be transferred to the Department.
Thereafter, the funds necessary for the purposes of this Act shall be included in the
succeeding General Appropriations Act.

SEC. 25. Transitory Provisions. - Such qualified personnel, properties, assets
and liabilities, functions and responsibilities of DepEd, CHED, and TESDA, as well as,
their attached agencies affected are hereby transferred to the Department. The
Department shall have the authority to appoint its own personnel and the compensation
and benefits shall be exempt from the Salary Standardization Law (SSL).

All regular or permanent employees transferred to the Department shall no!
suffer any loss of seniority or rank or decrease in emoluments. Personnel of the
DepEd, CHED, and TESDA not otherwise transferred to the Department. either
voluntarily or involuntarily , may be reassigned to other departments or agencies of
government; Provided, however that, any employee who cannot be accommodated
shall be given all the retirement benefits, if qualified, or the appropriate separation
benefits at least equivalent to three (3) months’ salary for every year of service rendered
in the government or as may be as may be provided under pertinent existing laws, rules
and regulations, whichever is higher.

Jurisdiction and administration of DepEd-supervised and managed schools and
other entities, TESDA-supervised Technical Vocational Education and Training (TVET)
schools, training centers or similar facilities, as well as, similar Instrumentalities
administered by CHED, if any, shall be transferred to the Department.

A transitory body is hereby created which shall be composed of the Chairman of
the CHED as Chair and as members: the Director General of TESDA, Secretary of
DepEd, Chairman of the Senate Committee on Education, Chairman of the House
Committee on Higher and Technical Education, Chairman of the House Committee on
Basic Education and the Secretary of the Department of Budget and Management
(DBM).

The transitory body shall facilitate the complete and full operation, of the
Department, which shall not be later than six (6) months after the effectivity of this Act.
It shalll likewise promulgate the rules and regulations necessary to effectively implement
the smooth and orderly transfer to the Department of such personnel, properties, assets
and liabilities, functions and responsibilities of CHED, TESDA, and DepEd as well as
other attached agencies affected

SEC. 26. Repealing Clause. - All laws, specifically the affected provisions of RA
9155, RA 7722 and RA 7796, and presidential decrees, executive orders, rules and
regulations or parts thereof that are inconsistent with the provisions of this Act are
hereby superseded, repealed or modified accordingly.

SEC. 27. Separability Clause. - If any part or provision of this Act snail be held
unconstitutional or invalid, other provisions hereof which are not affected thereby shall
continue to be in full force and effect

SEC. 28. Effectivity. - This Act shall take effect’ fifteen (15) days following its
publication in the Official Gazette or in a newspaper of general circulation, whichever IS
earlier,

Approved,