T. GUIDELINES ON OFFERING FOREIGN LANGUAGES LIKE SPANISH, FRENCH, AND NIPONGO (JAPANESE)AS ELECTIVE SUBJECTS IN THE THIRD AND FOURTH YEAR LEVELS OF HIGH SCHOOL.
Section 185. Public and Private Secondary schools are encouraged to offer foreign languages like Spanish, French and Nipongo (Japanese) as elective subjects starting SY 2009-2010. Schools offering said foreign languages are advised to follow these guidelines;
a. Subject Nomenclature. The subject shall appear in the Student Report
Card in the Third Year as Basic Spanish/French/Japanese and in the
Fourth Year as Intermediate Spanish/French/Japanese;
b. Description. Basic Spanish/French/Nipongo (Japanese) is designed to
develop the macro skills of reading, writing, speaking, listening and viewing
using simple and practical language. The objective is to enable students to
use the language in day-to-day conversations. Intermediate
Spanish/French/Nipongo 9Japanese) is designed to prepare students for more complex interactions and more formal use of the language;
c. Time allotment. The subject shall be offered 120 minutes weekly;
d. Unit Credits. Being an elective, the subject shall be offered as optional for
students, hence, shall not carry any unit credits;
e. Assessment. Assessment shall follow the principles for diagnostic,
formative and summative assessments. Students rating shall follow the
procedure and shall adopt the factors considered in t5he computation of the
student’s grade in the English subject;
f. Qualification and Compensation of Teachers. The teachers who shall
handle the subject should have undergone training or preparation for
teaching the subject.
g. Instructional Resources and Facilities. It is expected that the school
offering the language has available classrooms, instructional materials and
facilities to support the delivery of the program.
Schools are encouraged to offer any of the foreign languages initially as a pilot for two years. Appropriate adjustments shall be made on the curriculum based on the results of the monitoring and evaluation of the program.
Section 107. Policy and Membership. Voluntary membership by private schools in accrediting associations shall be encouraged as a means to optimize the contribution of the private school system toward the attainment of the goals of national development.
Only private schools possessing government recognition shall be eligible for membership in accrediting associations duly recognized by the Secretary.
Section 108. Benefits of Membership. As a general rule, there shall be greater flexibility in the exercise of government supervision and regulation over private schools which are members of duly recognized accrediting associations as compared to non-member schools, in addition to whatever forms of financial and other assistance that may be extended to member-schools as may be provided by law or through regulation by the Secretary.
One of the benefits which may be made available for accredited schools of the appropriate level is the authority to graduate students from accredited courses or programs of study without prior approval of the Department, the conditions for which are as follows:
a. The school head must furnish the Regional Office through the
Division Office a copy of its certificates of accreditation.
b. Within two weeks after the graduation exercise, the school shall
submit to the Regional office concerned an alphabetical list of
graduates by course, accompanied by a certification under oath
signed by the school registrar certifying that the students therein
listed (1) have complied with all the requirements of the Department,
(2) were conferred their respective certificates on a specific date,
(3) have complete scholastic records on file in the school, and have their Form 137 for high school, in the custody of the school. This list shall be sufficient basis for issuing special orders, if still necessary.
The school will be held fully liable for the veracity of the records without prejudice to any legal action, including revocation of government recognition, as may be called for under the circumstances.
The Department reserves the right to cancel or revoke the graduation of any student whose records are found to be fraudulent.
Section 109. Rules and Standards. The Secretary shall issue rules and standards for recognition of accrediting associations.
Section 110. Delegation of Inspectorial Authority. The Secretary may, at his discretion, consider membership in good standing of a private school in any recognized accrediting association as adequate compliance with the requirement of periodic evaluation provided for by law, provided that such delegation of visitorial authority may be made only if an accrediting association has specific provisions in its constitution and by-laws for periodic reevaluation and reaccreditations of its member-schools.
Section 111. Certifying Agency. For purposes of the grant of deregulated status and other benefits, the Department recognizes the Federation of Accrediting Agencies of the Philippines (FAAP) as the agency to certify, pursuant to its general or common standards, the accredited status of schools and their programs.
The accrediting agencies now federated under FAAP are hereby recognized and authorized to continue their accreditation activities. Specifically, these agencies are: (1) the Philippine Accrediting Association of Schools, Colleges and Universities, (2) the Philippine Association of Colleges and Universities Commission on Accreditation, and (3) the Association of Christian Schools and Colleges Accrediting Agency, which for brevity are commonly referred to as PAASCU, PACU-COA and ACSCAA, respectively. However, this recognition shall be without prejudice to the subsequent inclusion of such additional accrediting agencies as may be recognized by the Department.
Section 112. Levels of Accreditation Status. For purposes of progressive deregulation and the grant of other benefits, schools or educational programs or courses of study shall be classified into levels of accreditation, the conferment of which shall entitle the school affected to additional administrative or academic prerogatives. The benefits resulting from accreditation shall be valid only for as long as its accreditation status is current.
Section 113. Withdrawal of Benefits of Membership in Recognized Accrediting Associations. Any benefits granted by the Secretary to a private school by virtue of its membership in good standing in a recognized accrediting association or the authority issued to the accrediting association may be withdrawn, if after due investigation, the Secretary finds that the superior standards of accreditation on the basis of which the benefit of authority had been granted are not observed or maintained.
P. METHOD OF TEACHING
Section 177. Policy. All private schools shall be allowed to adopt and use any acceptable method of teaching, provided that it produces the results contemplated in the approved course of study.
Teaching in all levels of instruction in private schools shall be humane, imbued with a civic and social conscience, and guided by the precept of parental love and responsibility as provided by law.
U. OPERATIONAL GUIDELINES FOR PRIVATE MADARIS 1.) Permit to Operate.
a. Application forms for Permit to Operate are available at the
Division Offices of this Department. Duly accomplished forms
with the complete required/supporting documents shall be
submitted at the Division Office, where the applicant seeks to
operate, or where the applicant’s school may be located. The
same shall be forwarded to the respective Regional Office for
final approval of the Regional Director; and
b. A Madrasah applying for Permit to Operate shall be required to
adopt and implement the Standard Curriculum beginning Grade
1, as prescribed in the DepEd Order No. 51, s. 2004.
2.) Charging of Tuition Fees.
Private Madrasah institutions are encouraged to charge reasonable tuition fees sufficient to sustain a quality basic education. DepEd, however, shall not interfere in the decisions of private Madaris operators on matters relative to the amount of tuition fees, provided that the constitution requirements under RA 6728 are compiled with.
The Schools Division Superintendents are authorized to assist private Madaris in their respective divisions, adopting the curriculum as prescribed under DepEd Order No. 51, s. 2004. Such support may be in the form of allowing or assigning one or two teachers to teach RBEC subjects, if such resources are available.
M. LABORATORY, EQUIPMENT AND SUPPLIES
Section 164. Laboratory Facilities. Private schools offering laboratory-oriented courses shall have such appropriate and suitable laboratory rooms and equipment and supplies as may be necessary for each level of instruction in accordance with the rules and standards prescribed by the Secretary.
Section 165. Other Facilities and Supplies. Each private school shall provide such other facilities and supplies, including teachers’ cabinets, tables and chairs, blackboards, library equipment and supplies, laboratory furniture and fixtures, office equipment, modern instructional aids, athletic equipment and supplies, personnel services equipment and supplies, forms and office supplies, and such other essential requirements as may be necessary for effective instruction and efficiency in school operations.
B. PERMIT AND RECOGNITION
Section 27. Establishment and Recognition Distinguished. The
establishment of a private educational institution refers to the creation, founding, or organization of a school resulting in its legal existence as an institution.
Recognition presumes an existing school and refers to the authorization granted by the Department for the school to conduct educational programs or operations. Establishment precedes recognition.
Section 28. Authority to Operate. Educational institutions can undertake educational operations only when so authorized by the Department. Consistent with the national educational policies, plans and standards, the Regional Director concerned shall have authority, accountability and responsibility for approving the establishment of private pre-school, elementary and high schools and learning centers.
Section 29. Permit and Recognition. Government authority which may be issued for the operation of private schools in basic education shall be of two kinds: a) permit and b) recognition. A permit for each year level or course shall be effective for a period of one school year. The permit issued to a school is valid only for a specific educational program and, while issued on a school year basis shall remain valid until formally revoked by the Department. On the other hand, government recognition for each year level or course shall be for an indefinite period provided that the requirements of law, rules and standards will be satisfied.
Section 30. Requirements for Issuance of Permit. Request for the opening of a new school or for the operation of a new grade or year level in existing elementary and secondary schools should be submitted to the Regional Office on or before August 30 preceding the start of the school year when the school/new course is supposed to operate. Subject to the authority of the Regional Director, the division office may also accept said requests. The request shall be accompanied with a notarized feasibility study covering comprehensively the following factors, supported with sufficient evidence;
a. Purpose and objectives of proposed school or course;
b. Availability and adequacy of school site and building, including
documents of ownership thereof, location plan, development plan,
pictures, or architect’s plan of building, if the same is still to be
c. Itemized cost of the project covering the entire course in terms of site,
site development, school building and quarters, classroom equipment
and facilities, library, salaries of faculty, and staff and maintenance;
d. Financial capacity of applicant, including his resources to provide the
requirements for the entire course and to support its operation from year
to year without depending solely on students’ fees;
e. Proposed faculty line-up and administrative and supervisory staff
together with their individual Transcript of Records and evidence of
willingness to join the school; and
f. Need or demand for establishment of the school or operation of the
course in the locality. If the course is already being offered in the same
town or city, there must be an evidence of the following factors:
■ Distance of the applicant school to the existing school
■ Enrolment in the existing school
■ Number of students in the same locality enrolled in schools other than in the existing school;
■ Number of prospective students of applicant-school; and
■ Facilities, standards, and supportive provisions for effective instruction and quality education
30.1 Failure to submit the desired feasibility study to support the request for operation shall be grounds for the outright disapproval of the same.
30.2 Existing schools that have no development plans or have not taken any positive steps or actions towards development and growth, or have not maintained satisfactory standards in their operation of duly authorized courses shall not be allowed to open new courses.
30.3 The Regional Office should evaluate requests for the opening and operation of courses at the elementary and secondary level. Subject to the authority of the Regional Director, the Division Office may also evaluate the said requests.
30.4 The permit to open and operate schools on the 1sf and 2nd levels of instruction in the region shall be granted by the regional Director concerned.
30.5 Private schools granted permission to open courses on the 1st and 2nd levels of instruction should file their application for permit to operate those courses with the Regional Office on or before January 2nd preceding the opening of the school year, and prepare their facilities for the inspection, except as may otherwise be decided by the Secretary. Subject to the Secretary’s authority, these schools may also file with the Division Office.
30.6 A thorough inspection of the school shall be conducted by a
supervisor to determine compliance with the requirements, both in the
authorized (if any) and new grade/year level. He/she shall submit a detailed
and comprehensive report stating his findings. The report shall cover
adequately the following information:
a. Date of visit
b. Course under Permit or Recognition and number of sections in each
c. Course applied for
d. Site description and area in square meters, adequacy for school
purposes, documents specifying ownership of land
e. Building description
f. Quarters and equipment
g. Health facilities
h. Administration and supervision: educational qualifications,
experience, salaries, and tenure of office (permanent, contractual,
part-time, or full-time) of school head and administrative and
i. Faculty: list of faculty members for existing course and courses
j. Financial position k. Admission credentials
I. How the school apportioned increases in tuition and other fees m. Quality of instruction; observation; deficiencies noted n. Retirement plan for its teachers and other personnel o. Observation on implementation of deficiencies noted p. Application and inspection fees: amount paid; official receipt number and date of issue
q. Evaluation: Summary of findings, strong points, and deficiencies noted
r. Recommendations strictly based on findings during the visit and existing standards and regulations
30.7 Private schools should own sites adequate for their own buildings, for physical education and athletics, military training and recreation, and also for vocational education where this course is required in the curriculum. Its size, nature, location and accessibility must adequately serve the purpose of the school. It should be free from noise, unpleasant odors and dust, and should be sufficiently far from cockpits, dancing halls, bowling alleys, movie houses, markets, garbage dumps, funeral parlors, cemeteries, heavy traffic highway, jails, railroad yards, and manufacturing and industrial establishments.
30.8 Ideally, the areas of school sites shall be as follows:
a. One half (.5) hectare for a school with an enrolment of 50 or less
b. One (1) hectare for a school with an enrolment of 50 to 1,000
c. Two (2) hectares for a school with an enrolment of 1,000 to 2,000
d. Three (3) hectares for a school with an enrolment of 2,000 to 3,000
e. The same ratio should be maintained for enrolment in excess of
30.9 Prior to issuance of permit, the school shall comply with the following:
a. Situated far from traffic, neighbors and fire hazards so that
necessary instruction and study can be carried on without undue
interference from neighbors or traffic and so arranged that the
classroom work going on in one will not interfere with those going on
in the other classrooms, study rooms, laboratory rooms or library;
b. Planned and so constructed that in case of fire, typhoon, earthquake,
all students can evacuate the building promptly and safely;
c. Provided with fire escapes, fire extinguishers and other safety
d. Provided with satisfactory toilet facilities, separate for students and
faculty by gender;
e. Adequately and properly lighted and ventilated;
f. Contains sufficient space, furniture and fixtures for the general
needs of the administrative staff, faculty and students;
g. Not used in any manner for private residence or for other purposes
that might interfere directly or indirectly in the proper functioning of
h. Accessible and suitable administrative office, faculty rooms and
i. Adequate space for student/personnel services;
j. Sufficient space for Home Economics and other vocational courses;
k. The doors of the classrooms and laboratory rooms lead or open outwards towards the corridors; and
I. In case of a two (2) or more story building, at least two (2) stairs with a minimum width of two (2) meters shall be provided subject, however, to other government regulations. Ramps shall be provided for students with special needs (BP 344 Accessibility Law)
30.10 The Regional Director shall sign the permit for the Secretary of Education. The permit shall cover the period of one school year. In issuing a permit, the Regional Director shall observe the following:
30.10.1 No permit shall be issued to a private school unless it has submitted a school bond the amount of which shall be fixed by the Secretary.
30.10.2 The Government Permit issued to a school is valid only for a specific educational program, and while issued on a school year basis, shall remain valid until revoked for cause.
30.10.3 The Regional Director shall furnish the Secretary of
Education, before the opening of classes, a list of permits issued,
attaching thereto copies of permits.
Section 31. School Advertisement. Any advertisement or announcement referring to the programs or courses of study being offered which are in the permit phase shall include the words “Under permit by the Department of Education.”
It shall be unlawful for any school to advertise or cause the publication of any advertisement or announcement before a permit to operate is granted.
Section 32. Grant of Recognition. The grant of recognition for schools shall be based on its satisfactory operation during the school year, without any deficiencies in instruction, administration and/or management and on full compliance with the prescribed requirements of the course.
a. On or before February 1st, preceding the opening of the school year,
schools operating courses under a temporary permit shall file an
application for recognition of those courses on the first and second level
of instructions. It should be filed with the regional office. Subject to the
authority of the Regional Director, the Division Office may also accept
b. There is no prescribed application form for recognition. A simple letter
will do. Supporting exhibits are not necessary. However, where there
are courses for recognition and courses for permit, both may be applied
for in one (1) application, using the application form for the permit to
operate the school.
c. A permit to operate which.has been previously issued shall continue to
be valid and considered renewed during the period where the school
has already applied for recognition and the Department has not officially
responded, either favorably or unfavorably.
d. The certificate of recognition granted for an educational program shall
continue to be valid unless a written revocation shall have been issued
by the Department.
e. Where grant of recognition of courses on the first and second level of
instruction (elementary and secondary education) is desired, the
Schools Superintendent shall submit to the Regional Director his report
and recommendation on the Processing Checklist Form together with
the supervisor’s report and the applicants’ application paper. Grant of
Recognition shall be decided by the Regional Director. The Regional
Office shall furnish copies of recognition issued to the school concerned
and the Office of the Superintendent.
Section 33. Effects of Recognition. The issuance of a Certificate of Recognition to a school for a particular educational program/course of study shall have the following effects:
a. It transforms the Permit to permanent authority for the school to operate the course.
b. It entitles the school to give the students who have completed the
course a certificate, title, diploma, or degree; and
c. It entitles graduates of recognized courses to all the benefits and
privileges enjoyed by graduates of similar programs in all schools
authorized by the government.
Section 34. Revocation/Withdrawal of Recognition. The closure of any program or course offered by a school may either be;
a. Voluntary, when the school for valid cause and on its own initiative
chooses to terminate or close any of its programs or courses offered,
provided such closure is undertaken at the end of a school term, and
provided further that the school remains obliged to furnish the
necessary transfer credentials and records to the students affected by
the closure, or
b. Involuntary, when the closure or termination is ordered by the
Department through the revocation/withdrawal of the permit or
certificate of recognition previously issued for the program or course.
Any action regarding revocation/withdrawal of the Certificate of Recognition must be for valid cause pursuant to existing laws and Department regulations and after due process, and shall be subject to the approval of the Regional Director. The valid causes must cite the specific instances of grave violations of Department regulations.
The school must be informed by the Department in writing, by registered mail, of the substantial deficiencies or causes for proposed revocation, and shall be required to explain and/or otherwise remedy the deficiencies or violations within a reasonable period.
Revocation may be done only after re-inspection and reevaluation to determine the school’s performance in providing efficient, quality and relevant educational services. Revocation is done only with due process after failure of the school concerned to correct the deficiencies and/or explain satisfactorily the violations within a reasonable period.
The Certificate of Recognition may be revoked after due process if the circumstances so warrant, or reverted to a Permit to operate for a period of one school year, for any of the following causes, without prejudice to instituting appropriate actions and imposing appropriate sanctions against the responsible school officials;
a. Fraud or deceit committed by the school in connection with the
application to the Department for Government Permit or Government
b. Unauthorized operation of a new school or branch, or a new
program or course of study, or major components thereof.
c. Violation of DepEd Orders or regulations
Within sixty (60) days after receipt by the school of the notice of revocation from the Department, the school may file a request for reconsideration, indicating its responses to the specific adverse findings of the Department which led to the revocation.
Section 35. Automatic Cancellation of Recognition. Government recognition not operated for more than one (1) school year is deemed automatically cancelled.
Section 36. Reopening Under Permit Status. A school with a cancelled recognition caused by its failure to operate for more than one (1) school year may reopen under permit status provided, however, that the department rules and prescribed standards have been complied with by the school concerned.
Section 37. Transfer of School to Another Location. The government recognition of a school which is transferred to another location is deemed cancelled: Provided however, that the government recognition may be retained, as an exception if the new site and campus school buildings and quarters are found to be much better than the former, and if all other standards have been satisfactorily maintained.
Section 38. Change of Ownership. As a rule, a school which changed ownership is considered a new school and the course recognition issued to the former owner shall be deemed cancelled. In such case, the new owner has to apply for and secure from the Department a new permit or recognition.
Section 39. Punishable Violations. Operation of schools and educational programs without authorization, and/or operation thereof in violation of the terms of recognition, are declared punishable violations subject to the penalties provided in Batas Pambansa Big. 232.
Section 40. Restoration of a Revoked Recognition. A revoked government recognition for a private school may be restored when the basis for such revocation no longer exists, all requirements having been met and after the school has conformed with the department rules and prescribed standards; provided, that the school concerned shall resume operations under permit status for one school year. Government recognition may be restored after one (1) school year of satisfactory operation of the course under permit in terms of administration and management, instruction and all other requirements of the Department.
IV. RULES AND REGULATIONS GOVERNING PRIVATE SCHOOLS IN
A. ESTABLISHMENT OF PRIVATE SCHOOLS.
Section 20. Ownership of Private Schools. Educational institutions, other than those established by religious groups and mission boards, shall be owned solely by citizens of the Philippines or corporations or associations at least sixty per centum of the capital of which is owned by such citizens. The Congress may however require increased Filipino equity participation in all educational institutions.
Section 21. Establishment of Private Schools is Subject to Prior Approval.
The establishment of a private school shall be subject to prior approval of the Department thru its Regional Director having jurisdiction over the place where the school or branch shall be established.
Section 22. Establishment of Private Schools shall be in accordance with Law and this Manual. The establishment of private schools shall be pursuant to law and this Manual.
Section 23. Incorporation of a Proposed Private School. A private school proposed to be established must incorporate as either a non-stock or a stock educational corporation in accordance with the provisions of the Corporation Code of the Philippines. This requirement to incorporate may be waived in the case of family-administered pre-school institution.
Provided, that the minimum paid-up capital for stock educational institutions for those engaged in elementary education shall not be less than One Million Pesos (P1,000,000.00); not less than Two Million Five Hundred Thousand Pesos (P2,500,000.00) for those offering both elementary and secondary courses except existing educational institutions organized as stock corporations prior to the passage of RA 7798 which may retain their original capitalization.
A school that is established or organized as a stock corporation shall be ineligible for any form of government subsidy, incentive or assistance, except those given to individual students and teachers in the form of scholarship, student loans or other forms of subsidy as already mandated under existing laws. Government assistance to non-stock schools for educational programs shall be used exclusively for that purpose.
Section 24. Department’s Recommendation to the Securities and Exchange Commission. The Securities and Exchange Commission shall not accept or approve the Articles of Incorporation and By-Laws of any educational institution except upon favorable recommendation of the Department.
Section 25. Reasonable Supervision and Regulation. All private educational institutions shall be subject to reasonable supervision and regulation by the Department.
Section 26. Prohibition on the Establishment of Schools Exclusively for Aliens and on the Composition of Aliens. No educational institutions shall be established exclusively for aliens and no group of aliens shall comprise more than one third of the enrollment in any school. However, said prohibitions shall not apply to schools established for foreign diplomatic personnel and their dependents and unless otherwise provided by law, for other foreign temporary residents.
Q. SCHOOL FINANCE
Section 178. Policy. It is the policy of the State that the national government shall contribute to the financial support of educational programs pursuant to the goals of education as declared in the Constitution. Towards this end, the government shall (1) adopt measures to broaden access to education through financial assistance and other forms of incentives to schools, teachers, pupils, and students; and (2) encourage and stimulate private support to education through, among others, fiscal and other assistance measures.
Section 179. Funding and Sourcing. Private schools may be funded from their capital investments or equity contributions, tuition and other student fees, grants, loans, subsidies, passive investment income, and other sources.
A private school may receive any grant, legacy, donation, gift, bequest or devise from any individual, institution, corporation, foundation, trust, philanthropic organization, and research institution or organization.
Private schools may engage in any auxiliary enterprise to generate income primarily to finance their educational operations and/or to reduce the need to increase student fees.
Section 180. Tuition and other Student Fees. Each private school shall determine its rate of tuition and other school fees or charges. The rates and charges adopted by schools pursuant to this provision shall be collectible, and their application or use authorized, subject to rules and regulations promulgated by the Department.
Section 181. Application and Documents Required. Any private school which
desires to revise its rates of tuition or other school fees or charges or to impose
other fees or charges shall file application therefor with the Regional Director.
The application shall include:
a. Statement of the itemized current rates of tuition and other charges and
the corresponding itemized proposed changes thereon, as well as the new
fees or charges proposed to be imposed, and of the proposed allocation of
the incremental proceeds. Such statements shall, when accomplished be
under oath by the proper official (s) of the school concerned.
b. Financial statement showing the financial status of the school duly
certified by a certified public accountant.
c. A copy of the last tax return, filed with the Bureau of Internal Revenue.
Section 182. Limitation. The increase in tuition or other school fees as well as new fees or charges shall be subject to the following conditions:
a. Consultation – in any proposed increase in the rate of the tuition fee, there
shall be appropriate consultations conducted by the school administration
with the duly organized student government and with the parents of
b. That no increase in tuition or other school fees or charges shall be
approved unless seventy (70%) per centum of the proceeds is allocated
for increase in salaries or wages of the members of the faculty and all
other employees of the school concerned, and the balance for institutional
development, student assistance and extension services, and return to investments: Provided, That in no case shall the return to investments exceed twelve (12%) per centum of the incremental proceeds.
G. REMUNERATION AND COMPENSATION
Section 87. Salary of School Personnel; Criteria. The salary ranges of each position or class of positions in every private school shall be specified in its school rules and regulations.
The following criteria shall be observed in the formulation of standards regarding salaries of school personnel, taking into consideration the level of school fees charged by the school:
a. In general, the salary ranges of each position or class of positions shall
be comparable with those paid for the same or similar positions in the
government schools or in other occupations requiring equivalent or similar
qualifications, training, and abilities.
b. The salary ranges or their equivalent amounts shall be such to insure for
the school personnel a reasonable standard of living for himself and his
c. The salary ranges for each position or class of positions shall be properly
graded in order to recognize performance and merit, and the fact that the
various position or ranks in each private school require different or higher qualifications and responsibilities than others.
Section 88. Salary Scale. The salary scale for each position or class of positions in a private school shall provide for a gradual progression from a minimum salary by means of regular increments granted on the basis of service in the school and merit and fitness in the discharge of assignments and responsibilities therein. The progression from the minimum to the maximum of the salary scale in the school shall be for a reasonable period as defined in the school rules and regulations or in collective bargaining agreements.
Section 89. Payment of Salary. The salaries of school personnel in all private schools shall be paid in cash, or its equivalent in checks, cashable in the locality where the school is situated as may be agreed upon by the school administration and the school personnel concerned.
The payment of salaries shall be effected at least once every two weeks or twice a month at intervals of not exceeding sixteen days, and shall be paid directly to the school personnel or his duly authorized representative at the proper office of the school. If payment of salaries of school personnel cannot be affected on or within the time herein provided, on account of force majeure or circumstance beyond the control of the school administration, the payment thereof shall be made immediately after such force majeure or circumstance ceases.
Section 90. Salary Deduction. Unless with the prior consent of the school personnel concerned, no deduction shall be effected on his salary by the private school, except such equivalent amounts for his own benefit or advantage as authorized by law or regulations issued by the Secretary.
Section 91. Prohibition Regarding Salary. It shall be unlawful for any school official or employee of a private school to make or effect any deduction from the salaries of any school personnel for the benefit of the school or any other person as consideration of a promise of employment or retention in employment; to refuse to pay, reduce the salary, remove or in any manner discriminate against the school personnel or to make any statement, report, or record filed or kept knowing such statement, report, or record to be false in any material respect.
Any violation of this provision shall be subject to administrative sanctions.
Section 92. Authority of the Secretary of Education; Enforcement. The
Secretary or his duly authorized representative, shall have access to the premises as well as records of every private school at any time whenever work is being undertaken therein, the right to avail of copies of necessary records, to investigate any fact or to question any school personnel or look into any condition or matter which may be essential in the determination of violations or in aid in the enforcement of any order or regulation issued pursuant to the provisions of this Manual. The Secretary or his duly authorized representative may order and/or supervise the payment of unpaid salaries or other benefits which are due and payable to school personnel under the rules and regulations of each private school and pursuant to the provisions of this Manual.
I. GENERAL PROVISIONS
Section 1. Title. This Manual shall be known as the 2010 Revised Manual of Regulations For Private Schools In Basic Education.
Section 2. Coverage. This Manual shall apply to all private educational institutions in basic education except as otherwise provided herein.
Section 3. Minimum Standards or Criteria. The standards or criteria provided in this Manual are the minimum required for government recognition, and schools may adopt higher standards or criteria consistent with laws, rules and regulations.
Section 4. Fundamental State Policies on Education. The following are the fundamental state policies relevant to private schools in basic education:
1. Education For All (EFA). 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.
2. Complete Adequate and Integrated System of Education. The State shall establish, maintain and support a complete, adequate and integrated system of education relevant to the needs of the people and society.
3. Scholarship Grants, Student Loan Programs, Subsidies. The
State shall establish and maintain a system of scholarship grants, student loan programs, subsidies and other incentives which shall be available to deserving students in both public and private schools especially to the underprivileged.
4. Alternative Learning Systems. The State shall encourage non-formal, informal, and indigenous learning systems as well as self-learning, independent, and out-of-school study programs particularly those that respond to community needs. The State shall provide adult citizens the disabled and out-of-school youth with training in civics, vocational efficiency and other skills.
5. Constitution as Part of Curricula. All educational institutions shall include the study of the Constitution as part of the curricula.
6. Inculcating Patriotism, Nationalism and Other Values.
Educational institutions shall inculcate patriotism and nationalism,
foster love of humanity, respect for human rights, appreciations of the role of national heroes in the historical development of the country, teach the rights and duties of citizenship, strengthen ethical and spiritual values, develop moral character and personal discipline, encourage critical and creative thinking, broaden scientific and technological knowledge and promote vocational efficiency.
7. Complementary Roles of Public and Private Institutions in the Educational System. The State recognizes the complementary roles of public and private institutions in the educational system and shall exercise reasonable supervision and regulation of all educational institutions.
8. Ownership of Schools. All private schools other than those established by religious groups and mission boards, shall be owned solely by citizens of the Philippines or corporations or associations at least sixty per centum of the capital of which is owned by such citizens.
9. Control and Administration of Schools. The control and administration of educational institutions shall be vested in citizens of the Philippines.
10. Establishment of Schools for Aliens and Composition of Aliens in Enrollment. No educational institution shall be established exclusively for aliens and no group of aliens shall comprise more than one third of the enrollment in any school. Said prohibitions do not apply to schools established for foreign diplomatic personnel and their dependents and, unless otherwise provided by law, for other foreign temporary residents.
11. Exemption from Taxes and Duties. All revenues and assets of non-stock, non-profit educational institutions used actually, directly and exclusively for educational purposes shall be exempt from taxes and duties. Likewise, subject to conditions prescribed by law, all grants, endorsements, donations or contributions used actually, directly and exclusively for educational purposes shall be exempt from tax.
Proprietary educational institutions, including those cooperatively owned, may likewise be entitled to such exemptions, subject to the limitations provided by law, including restrictions on dividends and provisions for reinvestment.
12. Educational Policies and Programs. The State shall take into account regional and sectoral needs and conditions and shall encourage local planning in the development of educational policies and programs.
13.Academic Freedom. Academic freedom shall be enjoyed in all institutions of higher learning.
14. Right to Choose a Profession. Every citizen has a right to select a profession or course of study, subject to fair, reasonable and equitable admission and academic requirements.
15. Right of Teachers to Professional Advancement. The State shall enhance the right of teachers to professional advancement. Non-teaching academic and non-academic personnel shall enjoy the protection of the State.
16. Highest Budgetary Priority. The State shall assign the highest budgetary priority to education and ensure that teaching will attract and retain its rightful share of the best available talents through adequate remuneration and other means of job satisfaction and fulfillment.
Section 5. Definition of Terms. Except as otherwise provided, the terms below shall be construed as follows:
a. “Government” includes the National Government, the local governments, and all other instrumentalities, agencies or branches of the Republic of the Philippines, including government-owned or controlled corporations and their subsidiaries.
b. “Department” refers to the Department of Education.
c. “Secretary” refers to the Secretary of Education.
d. “Bureau of Elementary Education” refers to the Bureau which is
functionally assigned to pre-school and elementary levels.
1. Bureau of Secondary Education” refers to the Bureau which is
functionally assigned to the secondary level.
2. ‘Bureau of Alternative Learning System” refers to the Bureau which is functionally assigned to the alternative learning system.
e. “Regional Office” refers to any of the regional offices of the Department which has jurisdiction over the school of institution concerned.
f. “School” means an educational institution, private or public, undertaking
educational operations with an organized group of pupils or students
pursuing defined studies at defined levels, receiving instructions from
teachers, usually located in a building or group of buildings in a particular
physical or cyber site recognized by the State and specifically intended for
1. Pre-School Course applies to any class below Grade I.
2. Primary Course applies to Grades I to IV inclusive.
3. Intermediate Course applies to Grades V to VI or VII inclusive
4. Secondary Course applies to First to Fourth Year of the High School Level.
g. “Private School” means a privately owned and managed institution for
teaching and learning, established and authorized by the Department to
operate certain educational programs in accordance with law and the
prescribed policies and rules of the Department.
h. “Foreign or International School”, as distinguished from a Philippine
private school, is one that is duly established and authorized in
accordance with existing Philippine laws to operate certain educational
programs which primarily and principally adhere to either universally
accepted and recognized educational policies and standards or the unique differentially prescribed system of education of a particular country other than the Philippines.
1. “Integrated School” refers to a school that offers complete basic education in one school site and has unified instructional programs.
2. ‘Learning Center” may refer to a physical space to house learning resources and facilities, or it may be an area designated for convening a group of learners for the purpose of teaching. It is a venue for face-to-face learning activities and other opportunities for development and improvement of the people’s quality of life.
i. “Government Authority” means either a permit or recognition issued by
the Department to a private school for the operation of a particular
“Educational Program” refers to a specific course of study in any of the basic education level, that is pre-school, elementary, secondary, special education and alternative learning system with core curriculum.
“Department Policies and Rules” refers to the minimum standards or guidelines issued or prescribed by the Department governing the establishment of a private school, the operation of its educational programs and activities, and the management of its affairs.
“School Policies and Rules” means the internal governance system of each private school, including its own prescribed standards, as defined and approved by its governing body in accordance with law, and the applicable policies and rules of the Department.
“Members of the Community” refers to the general membership of every private school established in accordance with law and duly authorized by the Department to operate certain educational programs or courses. The term includes, either singly or collectively, the following:
1. Pupil means a child who regularly attends classes in any grade of the elementary education level, including pre-school, under the supervision and tutelage of a teacher.
2. Student means any person who is regularly enrolled and engaged in formal education studies and attends classes at the secondary or higher education levels.
3. School Personnel means the persons, singly or collectively, working in a private school. They are classified as follows:
a. “School Head” refers to the chief executive officer of a
b. “Other School Officials” include other school officers,
including teachers who are occupying supervisory positions
of responsibility and are involved in policy implementation in
a private school.
c. “Academic Personnel” includes all school personnel who
are formally engaged in actual teaching service or in
research assignments, either on full-time or part-time basis,
as well as those who possess certain prescribed academic
functions directly supportive of teaching, such as registrars,
librarians, guidance counselors, researchers, and other
similar persons. They may include school officials
responsible for academic matters, and other school officials.
d. “Non-academic personnel” means school personnel usually engaged in administrative functions who are not covered under the definition of academic personnel. They may include school officials.
n. “Formal Education” refers to the systematic and deliberate process of hierarchically structured and sequential learning corresponding to the general concept of elementary and secondary level of schooling. At the end of each level, the learners must obtain a certification in order to enter or advance to the next level.
o. “Non-formal education” refers to any organized systematic educational activity carried outside of the framework of the formal system to provide selected types of learning to a segment of the population.
p. “Special Education” refers to the education of persons who are physically, mentally, emotionally, socially or culturally different from so-called “normal” individuals, such that they require modification of school practices/services to develop them to their maximum capacity. Special education provides distinct services, facilities, curricula, and instructional materials, which are geared to pupils or students who are significantly higher or lower than the average or norm, on the basis of which special treatment is called for.
q. “Accreditation” means the process leading to the issuance of a certificate of accredited status by an organized body of educational institutions attesting to the quality or standards of a private school or to any of its educational programs or courses, and to the effectiveness of the management and operations of the private school offering the program as exceeding the minimum standards or criteria for government recognition as provided for in this Manual. Accreditation shall be voluntary in nature.
r. “Deregulation” is a necessary consequence of voluntary accredited status whereby the Department accords to a private school certain benefits and advantages as may be provided for in this Manual and in applicable legislation. As used in this Manual, deregulation is not considered as absolute, but represents degrees in the liberalization of rules and regulations.