Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

SIXTEENTH CONGRESS
Second Regular Session

House Bill No, 4948 — a

Introduced by Honorable Sherwin T. Gatchalian

EXPLANATORY NOTE

Education governance reform, with local authorities playing a lead role,
is a recent phenomenon in the Philippines. This interesting development is set
in the Country’s 23-year experience with decentralization. There is a dire need
for effective local participation and cooperation between the local government
and the Department of Education to bring about large-scale systematic reforms
in a centrally managed public education system.

Republic Act 9155 was passed in 2001 with the aim to provide the
framework for governance of basic education, set general directions for
educational policies and standards and establish authority, accountability and
responsibility for achieving higher learning outcomes. However, despite the
Act's lofty goals, we have experienced a decline in the academic performance of
our schools. Schools District Supervisors and Schools District Superintendents
are the individuals who are directly tasked to implement the objectives of this
Act at the school level, but are oftentimes not held accountable for the
performance of their school districts. This immunity causes the Local Chief
Executives of the districts to bear the brunt of the dissatisfaction and
complaints of their constituents with regard to public education within their
jurisdiction. This bill seeks to increase and emphasize the shared responsibility
between the Local Chief Executives and the Department of Education in the
administration of public education.

Article 14, Section 1, of the 1987 Constitution, provides that “the State
endeavors to protect and promote the right of all citizens to quality basic
education and to make such education accessible to all.” Chapter 1, Section 2,
paragraph (a) of the Local Government Code, also provides that “the State
through its territorial and political subdivisions shall enjoy genuine and
meaningful local autonomy to enable them to attain their fullest development


as self-reliant communities and make them more effective partners in the
attainment of national goals.”

With this stated obligation on the part of the State, it is imperative to
revisit the governance of our basic education structure. We must stress the
importance of collaborative efforts between the Local Chief Executives, the
Schools District Supervisors and Schools District Superintendents to manage
public education in their respective jurisdictions. The shared responsibility and
accountability among those who are actually on the ground and in touch with
the local constituents will produce a more responsible and accountable delivery
of educational programs, projects and services to achieve better outcomes in
our education assessments.

In view of the foregoing, passage of this bill is

Representh


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

SIXTEENTH CONGRESS
Second Regular Session

4948

House Bill No.

Introduced by Honorable Sherwin T. Gatchalian

AN ACT
INCREASING THE PARTICIPATION AND RESPONSIBILITY OF LOCAL
GOVERNMENTS IN THE ADMINISTRATION OF EDUCATION BY AMENDING
REPUBLIC ACT 9155, OTHERWISE KNOWN AS “THE GOVERNANCE OF
BASIC EDUCATION ACT OF 2001”, AND FOR OTHER PURPOSES

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

SECTION 1, Declaration of Policy. - Pursuant to Article 14, Section 1,
of the 1987 Constitution, the State endeavors to protect and promote the right
of all citizens to quality basic education and to make such education accessible
to all. It is likewise declared in Chapter 1, Section 2, paragraph (a) of the Local
Government Code, that the State through its territorial and political
subdivisions shall enjoy genuine and meaningful local autonomy to enable
them to attain their fullest development as self-reliant communities and make
them more effective partners in the attainment of national goals.”

Towards this end, the State shall encourage the Department of
Education and the Chief Executives of the Local Government Units to
coordinate on programs and policy directives and promote local government-led
systemic education reforms at the community level to ensure that schools and
learning centers achieve the maximum potential in developing the quality of
education for our learners; as well as providing standard-based incentives to
encourage and sustain goals

SEC. 2. Section 2, paragraph 4, with regard to the declaration of policy of
the law shall hereby be amended to read as; }


“The state shall encourage local initiatives for improving the quality of
basic education. THE STATE RECOGNIZES THE SHARED
RESPONSIBILITY BETWEEN THE DEPARTMENT OF EDUCATION
AND THE LOCAL GOVERNMENT UNITS IN THE ADMINISTRATION OF
BASIC EDUCATION. THE STATE SHALL EMPOWER LOCAL
GOVERNMENT UNITS TO TAKE A MORE ACTIVE ROLE IN THE
ADMINISTRATION OF BASIC EDUCATION IN THEIR RESPECTIVE
JURISDICTION. The state shall ensure that the values, needs and
aspirations of a school community are reflected in the program of
education for children, out-of-school youth and adult learners. Schools
and learning centers shall be empowered to make decisions on what is
best for the learners they serve.”

SEC. 3, Section 5 paragraph (a) with regard to the Principles of Shared
Governance of this law shall hereby be amended to read as;

“(a) Shared governance is a principle which recognizes that every unit in
the education bureaucracy INCLUDING THE LOCAL GOVERNMENT
UNIT CONCERNED has a particular role, task and responsibility
inherent in the office and for which it is principally accountable for.”

SEC. 4, Chapter 1, Section 7, letter (B), paragraph (9) and (10) of this law
with regard to the authority, accountability and responsibility of the Regional
Director shall hereby be amended to read as;

“(9) RECOMMEND THE HIRING, PLACING AND EVALUATION OF
(Hiring, placing and evaluating] all employees in the Regional Office,
except for the position of Assistant Director;

“(10) Evaluating, TOGETHER WITH THE LOCAL CHIEF EXECUTIVE
OF THE LOCAL GOVERNMENT UNIT CONCERNED, all Schools
Division Superintendents and Assistant Division Superintendents in the
region;”

SEC. 5. Chapter 1, Section 7, letter (C), paragraph (3) of this law with
regard to the authority, accountability and responsibility of the Schools
Division Superintendent shall hereby be amended to read as;

“(3) RECOMMEND THE HIRING, PLACING AND EVALUATION OF
[Hiring, placing and evaluating] all division supervisors and schools
district supervisors as well as all employees in the division, both teaching


and non-teaching personnel, including school heads, except for the
stant division superintendent;

SEC. 6. Chapter 1, Section 7 of Republic Act 9155 is hereby amended by
adding subsection (F);

F, LOCAL GOVERNMENT LEVEL

THE LOCAL CHIEF EXECUTIVE OF THE LOCAL GOVERNMENT UNIT
CONCERNED SHALL EXERCISE THE FOLLOWING FUNCTIONS IN THEIR
RESPECTIVE TERRITORIAL JURISDICTION:

(1)FORMULATE, IN COORDINATION WITH THE LOCAL SCHOOL
BOARD, A PERFORMANCE EVALUATION OF THE STUDENTS
WITHIN THEIR JURISDICTION BASED ON THEIR ACADEMIC
OUTPUT IN NATIONAL ACHIVEMENT TESTS AND SIMILAR
EXAMINATIONS;

(2)RECOMMEND POLICIES AND STANDARDS FOR PERFORMANCE-
BASED INCENTIVES OF SCHOOLS DIVISION SUPERINTENDENTS
AND SCHOOLS DISTRICT SUPERVISORS IN THEIR RESPECTIVE
TERRITORIAL JURISDICTION TO PROMOTE GREATER
ACCOUNTABILITY OF STUDENT LEARNING OUTCOMES AND
ACADEMIC OUTPUT TO ENSURE ACCOMPLISHMENT OF THE
ACADEMIC GOALS FOR STUDENTS;

(3)IN CASE OF VACANCY, THE CITY MAYOR SHALL APPOINT THE
SCHOOLS DIVISION SUPERINTENDENT IN HIS OR HER CITY
DIVISION FROM A LIST OF AT LEAST THREE (3) QUALIFIED
CANDIDATES RECOMMENDED BY THE REGIONAL DIRECTOR. IN
CASE OF A VACANCY, THE PROVINCIAL GOVERNOR SHALL
APPOINT THE SCHOOL DIVISION SUPERINTENDENT IN HIS OR
HER PROVINCIAL DIVISION FROM A LIST OF AT LEAST THREE
(3) QUALIFIED CANDIDATES RECOMMENDED BY THE REGIONAL
DIRECTOR. IT SHALL BE THE DUTY OF THE REGIONAL
DIRECTOR TO SUBMIT THE LIST OF AT LEAST THREE (3)
QUALIFIED CANDIDATES WITHIN SIXTY (60) DAYS FROM
RECIEPT OF THE REQUEST TO PROVIDE THE SAME;


(4)IN CASE OF VACANCY, THE MUNICPAL MAYOR SHALL APPOINT
THE SCHOOLS DISTRICT SUPERVISOR IN HIS OR HER SCHOOL
DISTRICT FROM A LIST OF AT LEAST THREE (3) QUALIFIED
CANDIDATES RECOMMENDED BY THE SCHOOLS DVISION
SUPERINTENDENT. IT SHALL BE THE DUTY OF THE SCHOOLS
DIVISION SUPERINTENDENT TO SUBMIT THE LIST OF AT LEAST
THREE (3) QUALIFIED CANDIDATES WITHIN SIXTY (60) DAYS
FROM RECEIPT OF THE REQUEST TO PROVIDE THE SAME;

(5) THE CONCERNED CITY MAYOR OR GOVERNOR MAY REQUEST
FROM THE DEPARTMENT OF EDUCATION THE REPLACEMENT,
TRANSFER OR REASSIGNMENT OF THE SCHOOL DIVISION
SUPERINTENDENT WITHIN HIS OR HER JURISDICTION WHO
FAILS TO COMPLY WITH CHAPTER 1, SECTION 7, LETTER C,
PARAGRAPHS (1) TO (8) OF THIS LAW. THE REQUEST SHALL BE
ACTED UPON WITHIN A PERIOD OF SIXTY (60) DAYS AFTER THE
REQUEST HAS BEEN FILED. THE NEW DISTRICT SCHOOLS
SUPERINTENDENT SHALL BE APPOINTED BY THE CHIEF
EXECUTIVE OF THE LOCAL GOVERNMENT UNIT CONCERNED IN
ACCORDANCE WITH SECTION 7, LETTER (F), PARAGRAPH (3) OF
THIS ACT;

(6) THE CONCERNED MUNICIPAL MAYOR MAY REQUEST FROM THE
DEPARTMENT OF EDUCATION THE REPLACEMENT, TRANSFER
OR REASSIGNMENT OF THE SCHOOLS DISTRICT SUPERVISOR
WITHIN HIS OR HER JURISDICTION WHO FAILS TO COMPLY
WITH SECTION 7, LETTER (D) PARAGRAPH (1) TO (3) OF THIS
LAW. THE REQUEST SHALL BE ACTED UPON WITHIN A PERIOD
OF SIXTY (60) DAYS AFTER THE REQUEST HAS BEEN FILED.
THE NEW SCHOOLS DISTRICT SUPERVISOR SHALL BE
APPOINTED BY THE CHIEF EXECUTIVE OF THE LOCAL
GOVERNMENT UNIT CONCERNED IN ACCORDANCE WITH
SECTION 7, LETTER (F), PARAGRAPH (4) OF THIS ACT;


SEC. 7. Separability Clause. - Should any part of this Act be declared
unconstitutional, the rest of the provisions of this Act shall continue to be in
effect and subsisting,

SEC. 8. Repealing Clause. - Any law, executive order, letter of
instruction, rules and regulations, circulars, issuances or any ,part thereof
inconsistent with any of the provision of this Act is herby repealed, modified or
amended accordingly.

SEC. 9. Effectivity Clause. - This Act shall take effect fifteen (15) days
after its publication in the Official Gazette or in at least two (2) newspaper of
general circulation.

Approved,