AN URGENT PLEA FOR INTERVENTION Petition by 600 Private ...

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1 BAPCU (Bicol Association of Private Colleges and Universities) June 4, 2021 Dear Mr. President, AN URGENT PLEA FOR INTERVENTION Petition by 600 Private Education Stakeholders to Correct the Damaging, Discriminatory and Illegal Provision in BIR Revenue Regulation 5-2021 On behalf of the Coordinating Council for Private Educational Associations (COCOPEA), Davao Colleges and Universities Network Inc. (DACUN), Association of Private, State Colleges, Universities in Region XI (APSCUR XI), and hundreds of educational, parent, alumni and employee associations from around the country, we respectfully seek your help in correcting the errors in the BIR’s Revenue Regulation RR 5-2021, which directly contradicts the provisions and the spirit of both the Corporate Recovery and Tax Incentives for Enterprises Act (CREATE) and the Constitution. Whereas CREATE, Congress and your Administration sought to shore up proprietary educational institutions during the pandemic with a much-appreciated temporary reduction in the tax rate from 10% to 1%, RR 52021 will instead cause irreparable damage to the institutions that you sought to help, by more than doubling their tax rate by 150%, from the 10% that has been applied to them since 1968, to 25%. Simply put, RR 5-2021 will severely harm the schools, parents, students, teachers, employees and, other stakeholders in the private education sector, which is a large and vital partner of the government in providing quality education nationwide. Currently, there are over 6.1 million students enrolled in almost 15,000 private educational institutions across the country, based on CHED and DepEd data. The current faculty and staff of the private educational institutions total over 400,000. The erroneous provision of RR 5-2021 will add a heavy additional burden to the many stakeholders of the private education sector, at a time when we are already fighting for our survival. Our sector has not yet recovered from the debilitating effects of the K- 12 Law, and is in the midst of struggling with the steep drop in enrollment caused by the pandemic. RR 5-2021 will be the straw that breaks the camel’s back. Many individuals will be directly affected by RR 5-2021, such as our academic, athletic, working student and needs-based scholars, and our faculty and staff. Members of the communities built around schools, such as school uniform sewers, cafeteria workers, carinderias, sari-sari stores, dormitories, janitorial/security

Transcript of AN URGENT PLEA FOR INTERVENTION Petition by 600 Private ...

Page 1: AN URGENT PLEA FOR INTERVENTION Petition by 600 Private ...

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BAPCU (Bicol Association of Private Colleges and Universities)

June 4, 2021 Dear Mr. President,

AN URGENT PLEA FOR INTERVENTION Petition by 600 Private Education Stakeholders to Correct the

Damaging, Discriminatory and Illegal Provision in BIR Revenue Regulation 5-2021 On behalf of the Coordinating Council for Private Educational Associations (COCOPEA), Davao Colleges and Universities Network Inc. (DACUN), Association of Private, State Colleges, Universities in Region XI (APSCUR XI), and hundreds of educational, parent, alumni and employee associations from around the country, we respectfully seek your help in correcting the errors in the BIR’s Revenue Regulation RR 5-2021, which directly contradicts the provisions and the spirit of both the Corporate Recovery and Tax Incentives for Enterprises Act (CREATE) and the Constitution. Whereas CREATE, Congress and your Administration sought to shore up proprietary educational institutions during the pandemic with a much-appreciated temporary reduction in the tax rate from 10% to 1%, RR 5–2021 will instead cause irreparable damage to the institutions that you sought to help, by more than doubling their tax rate by 150%, from the 10% that has been applied to them since 1968, to 25%. Simply put, RR 5-2021 will severely harm the schools, parents, students, teachers, employees and, other stakeholders in the private education sector, which is a large and vital partner of the government in providing quality education nationwide. Currently, there are over 6.1 million students enrolled in almost 15,000 private educational institutions across the country, based on CHED and DepEd data. The current faculty and staff of the private educational institutions total over 400,000. The erroneous provision of RR 5-2021 will add a heavy additional burden to the many stakeholders of the private education sector, at a time when we are already fighting for our survival. Our sector has not yet recovered from the debilitating effects of the K-12 Law, and is in the midst of struggling with the steep drop in enrollment caused by the pandemic. RR 5-2021 will be the straw that breaks the camel’s back. Many individuals will be directly affected by RR 5-2021, such as our academic, athletic, working student and needs-based scholars, and our faculty and staff. Members of the communities built around schools, such as school uniform sewers, cafeteria workers, carinderias, sari-sari stores, dormitories, janitorial/security

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BAPCU (Bicol Association of Private Colleges and Universities)

services, school bus drivers/helpers, bookstores, book suppliers, and informal businesses around the campuses, will also be severely affected. In the last five years, your Administration has mounted many initiatives that have made education more accessible and affordable by strengthening the complementary roles of the public and private education sectors in an integrated education system. The enactment of your landmark and widely hailed Universal Access to Quality Tertiary Education Act (RA 10931), the Tulong Dunong Program, and the educational assistance programs under the Bayanihan 2 such as the Bayanihan 2 for Higher Education Tulong Program (B2HELP), the CHED-DOLE Tabang OFW Program, and the GSIS and Landbank Educational Loan Programs, have all contributed significantly to making private education accessible to students, especially the underprivileged. Mr. President, we thank your wholeheartedly, for all your efforts to help the poor. You have truly earned your place as a staunch champion of education by providing access to quality education for deserving students who cannot afford it. However, the benefits of your legacy could very well be canceled by RR 5-2021. We appeal to you, Mr. President, to make our tax laws consistent with your vision and the constitutional mandate of ensuring access to education for all Filipinos. Specifically, RR 5-2021 unilaterally and illegally inserted wording inconsistent with both Section 27 (B) of the Tax Code as amended by CREATE, and the Constitution. We appeal for your intervention because we have exhausted all other administrative avenues by requesting various government offices, including the Bureau of Internal Revenue and the Department of Finance, to revisit and reverse those provisions of RR 5-2021, to no avail. This will cause irreparable harm to the private education sector and its many stakeholders. We come to you Mr. President as the final arbiter for administrative remedy and the ultimate protector of our many stakeholders. We know how much you value education and its key role in alleviating poverty alleviation. We hope and pray that you can correct this egregious injustice.

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BAPCU (Bicol Association of Private Colleges and Universities)

Below are the signatures of 600 private education stakeholder groups who are petitioning you to consider our urgent appeal, which is detailed in the enclosed statement of COCOPEA (please see Annex 1 below), the umbrella organization of 5 leading private education associations, with over 2,500 educational institutions as members. Respectfully, Maraming Salamat Po! Very truly yours,

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BAPCU (Bicol Association of Private Colleges and Universities)

Page 5: AN URGENT PLEA FOR INTERVENTION Petition by 600 Private ...

600 Private School Co-signatories the Appeal to President Rodrigo Duterte

for the Correction on Provisions of RR5-2021

Region: Name of School/PTA/Faculty Club

1 LORMA Colleges

City of San Fernando

Northwestern University

Laoag City

Rowel Advincula Crisostomo

Malasiqui

Metro Dagupan Colleges

Mangaldan

Region:

2 UPHS Isabela

Cauayan City

Mallig Plains Colleges Inc.

Mallig

Mallig Plains Colleges Inc.

Mallig

Mallig Plains Colleges Inc.

Mallig

Mallig Plains Colleges Inc.

Mallig

University of Cagayan Valley

Tuguegarao City

Region:

3 Regina Barbara Children's Inst.

Aliaga

Regina Barbara Children's

Institute, Inc. Aliaga

Regina Barbara Children's

Institute, Inc., Aliaga

Republic Central Colleges

Angeles City

Proverbsville School, Inc.

Angeles City

Baliuag University

Baliwag

Mapua University

Bocaue

College for Research &

Technology of Cabanatuan Cabanatuan

College of the Immaculate

Conception Cabanatuan City

CAPRISAA -CABANATUAN

PRIVATE SCH. ADM. ASSOC Cabanatuan Nueva Ecija

Camiling Catholic School, Inc.

Camiling

BC ACHIEVERS INTEGRATED

SCHOOL INC General Tinio

St. Peter of Verona Academy

Inc. Hermosa

New Life In Christ Academy Inc.

Licab

Mapua University

Manila

Mapua University

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600 Private School Co-signatories the Appeal to President Rodrigo Duterte

for the Correction on Provisions of RR5-2021

Manila

Auxillary Academy

Meycauayan

St. Michael Academy of

Meycauayan, Inc. Meycauayan

Nampicuan Christian Academy

Nampicuan

Subic Bay Colleges (SBCI), Inc.

Olongapo City

Academia De Pulilan Inc.

Pulilan

University of Nueva

Caceres/Parents Teachers Council

San Fernando

Mary Nymph Montessori School

San Fernando

Central Luzon College of Science and Technology

San fernando

STI College San Jose

San Jose City

Admin & Management

San Jose del Monte

Bethel Educational Center

SDUMC Inc. Sto. Domingo

Royal Heir Christian Academy

Talavera

San Sebastián Cathedral School

of Tarlac Inc. Tarlac

Mapúa University

Tarlac City

Brian Harvey A Villanueva

Tarlac City

Genova Technological Institute,

Inc. Libmanan

Region:

5 LA CONSOLACION COLLEGE

Baao

Don Gregorio O. Balatan

Institute Balatan

La Consolacion College

Baao,Inc. Baoo

PASACAO ACADEMY,INC.

Basacao

Mataas na Paaralan ng

Pagatpatan Bato

Ocampo Academy

Technological Institute, Inc. Bato

BUHI LYCEUM, INC.

Buhi

Bula Parochial School

Bula

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600 Private School Co-signatories the Appeal to President Rodrigo Duterte

for the Correction on Provisions of RR5-2021

Our Lady of La Porteria

Academy Calabanga

Dominican School of Calabanga

Calabanga

DOMINICAN SCHOOL OF

CALABANGA Calabanga

Parents Council

Calabanga

SUNNY SMILES MONTESSORI

INC Calabanga

SPJ International Technology

Institute,Inc Calabanga

Nuestra Senora dela Salud

Family Rural School inc Calabanga

Light and Life Montessori School

of Learning Inc. Calabanga

Kurtland Grade School, Inc.

Canaman

AERONAUTICAL ACADEMY OF THE PHILIPPINES (AAP),

INC. Canaman

United high school, Inc.

Caramoan

Faculty and Employees of

Mabini Colleges Union Daet

MABINI COLLEGES GENETAL

ALUMNI ASSOIAOON Daet

Mabini Colleges, Inc.

Daet

ALFELOR SR. MEMORIAL

COLLEGE Del Gallego

Instituto De Caceres - Goa Inc.

Goa

La Consolacion College Iriga

and Baao Iriga City

University of Northeastern

Philippines Iriga City

Ezer Christian School of

Libmanan Inc. Libmanan

Colegio dela Virgen del Pilar

(CVP), Inc. Lupi

Colegio dela Virgen del Pilar

(CVP), Inc Lupi

Prince Thad Montessori School,

Inc. Magarao

Prince Thad Montessori School,

Inc.

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600 Private School Co-signatories the Appeal to President Rodrigo Duterte

for the Correction on Provisions of RR5-2021

Magarao

Bermudez center for arts and

technology, Inc Minalabac

KING THOMAS LEARNING

ACADEMY, INC. N/A

KING THOMAS LEARNING

ACADEMY, INC. N/A

St. Jude Thaddeus Learning

Center. Inc Nabua

EZER FOUNDATION SCHOOL

OF NABUA Nabua

FACULTY CLUB

Naga

SSMI

Naga

Fortunate Rays Learning Center

Naga

Carbeth Victory Academy

Naga

Partido College, Inc.

Naga

UNC SHS PTA

Naga

University of Nueva Caceres

Naga City

University of Nueva Caceres Federation of Faculty Clubs

Naga City

University of Nueva

Caceres/Federation of Faculty Clubs

Naga City

Carmen Dapilos

Naga City

University of Nueva Caceres General Alumni Association

Naga City

Felix Alfelor Sr. Foundation

College Not a City

Felix Alfelor Sr. Foundation

Collee Not a City

Felix Alfelor Sr. Foundation

College Not a City

Little Blessings Learning Center,

Inc. Ocampo

PHILIPPINE COMPUTER

FOUNDATION COLLEGE, INC. Pili

Mama Mary Learning Center

Inc. Pili

QUEEN ROYAL MONTESSORI

SCHOOL Pili

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600 Private School Co-signatories the Appeal to President Rodrigo Duterte

for the Correction on Provisions of RR5-2021

QUEEN ROYAL MONTESSORI

SCHOOL Pili

Philippine Computer Foundation

College Inc. Pili

GRS SDA MULTIGRADE

SCHOOL,INC. Ragay

Port Junction Adventist

Elementary School Ragay

Mother Immaculate And Infant

Jesus Learning Center Inc. Ragay

Catalotoan SDA Multigrade

School Sagnay

Sunrise Institute of Learning,

Inc. San Fernando

MAMPIRAO GRACE GOSPEL

LEARNING CENTER San Jose

Globaltech Programs for

Progress (GPPI), Inc. San Jose

King Thomas Learning Academy

Sipocot

CHRISTIAN MISSION SERVICE

PHILIPPINES INC Sipocot

CAMARINES SUR

INTERNATIONAL SCHOOL, INC.

Sipocot

Serranz Learning Center Inc.

Sipocot

NAZARETH INSTITUTE OF

LEARNING AND FORMATION Sipocot

Southern Tagalog Rural High

School Sta. Elena

Siena College Tigaon

Tigaon

Region:

6 STI West Negros University

Bacolod

Southland College of Kabankalan City, Inc.

Ilog

University of Iloilo

Iloilo City

Southland College of Kabankalan City Inc.

Kabankalan City

Mapua University

Manila

UPHSPdP Faculty Club

Association Roxas City

University Alumni Association

Roxas City

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600 Private School Co-signatories the Appeal to President Rodrigo Duterte

for the Correction on Provisions of RR5-2021

Region:

7 CIT University

Cebu City

University of Cebu

Cebu City

University of the Visayas

Cebu City

Cebu Institute of Technology-

University/Elementary Department Cebu City

Cebu Institute of Technology -

University Cebu City

CEBU INSTITUTE OF

TECHNOLOGY - UNIVERSITY Cebu City

CITU SHS PTA

Cebu City

CIT University-JHS Department

Cebu City

CIT University College Faculty

Club Cebu City

CEBU INSTITUTE OF

TECHNOLOGY -UNIVERSITY ALUMNI ASSOCIATION

Cebu City

CIT-U

Cebu City

COLLEGE OF

TECHNOLOGICAL SCIENCES - CEBU

Cebu City

Cebu Institute of Technology-University/Junior High School

PTA Cebu City

CEBU INSTITUTE OF

TECHNOLOGY -UNIVERSITY ALUMNI ASSOCIATION

Cebu City

BIT INTERNATIONAL

COLLEGE JAGNA Jagna

SAINT TERESA ACADEMY

INC. Loon

Bohol College of Science and

Technology, Inv. MAIN Campus Municipality of Sagbayan

Blessed Trinity College-AR of

Talibon, Bohol Tagbilaran

University of Bohol

Tagbilaran City

Saint Teresa Academy, Inc.

Tagbilaran City

Saint Teresa Academy

Loon

HAYDE LEYNES CORONEL

Tubigon, Bohol

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600 Private School Co-signatories the Appeal to President Rodrigo Duterte

for the Correction on Provisions of RR5-2021

Icthus Christian Academy

Ubay, Bohol

Bless Sandae Dolorzo

Tagbilaran City

Region

8 MERRYHILLS ACADEMY OF SOGOD Sogod

Region

9 CBBA-TABINA ,ZAMBOANGA, DEL SUR Pagadian

Region

10 ILIGAN MEDICAL CENTER COLLEGE Iligan City

ILIGAN CAPITOL COLLEGE

Iligan City

Mountain View College

Valencia City

Region 11

University of Mindanao

Davao City

PWC of Davao

Davao City

Cor Jesu College

Davao

Asian International school of Aeronautics and Technology

Davao

Davao Central College, Inc.

Davao City

Philippine Women's College

of Davao Faculty Club Davao City

Philippine Women's College

of Davao- Faculty Club Davao City

Dodjie Maestrecampo

Davao City

UM Panabo College

Panabo

UM Tagum College, Tagum

City Davao del Norte

Tagum

UM Bansalan College, Bansalan Davao del Sur

Bansalan

UM Guianga College- Davao City

Guianga

UM Ilang-Tibungco College- Davao City

Tibungco

UM Digos College- Digos City, Davao del Sur

Digos

PWC of Davao Elementary and Junior High School Faculty

Club

Davao

Philippine Women's College of Davao-SHS Unit

Davao

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600 Private School Co-signatories the Appeal to President Rodrigo Duterte

for the Correction on Provisions of RR5-2021

PWC NTP CLUB

Davao

PWC Parents Teachers' Association

Sto.tomas

South Philippines Adventist College- Matanao, Davao del

Sur

Matanao

Joji Ilagan College of Business and Tourism-Davao

City

Davao

Institute of International Culinary and

Entrepreneurship- Davao City

Davao

Mt. Apo Science Foundation College- Davao City

Davao

Region

12 Central Mindanao Colleges

Kidapawan city

Central Mindanao Colleges

Kidapawan City

Central Mindanao Colleges

Kidapawan City

Marbel School of Science and

Technology, Inc. Koronadal

4A Awci de le mar

Amadeo

The Pleasant Mount School

Antipolo

St. Clare Montessori School & St. Clare Science High School

Antipolo

First Crayons Learning Center

Antipolo City

University of Perpetual Help -

Molino Campus Bacoor

University of Perpetual Help

System Dalta-Molino Campus Bacoor

UPHSD MOLINO CAMPUS /

JBHS PTAB Bacoor

Mapua University

Bacoor

University of Perpetual Help System Dalta Molino Alumni

Association 2019-2021 Bacoor

Waynesville Learning Center

Inc. Bacoor

Citiville Christian Academy, Inc.

Bacoor

THERESIAN SCHOOL OF

CAVITE, INC. Bacoor

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600 Private School Co-signatories the Appeal to President Rodrigo Duterte

for the Correction on Provisions of RR5-2021

University of Perpetual Help

System DALTA-Molino Bacoor

Cavite school of st mark

Bacoor

GREEN VALLEY ACADEMY

INC. Bacoor

UPHSD PTAB

Bacoor

APEC Schools - Bacoor

Bacoor

University of Perpetual Help

System Dalta Bacoor

University of Perpetual Help

System Dalta - Molino Campus Bacoor City

Newville Heights Academy

Bacoor City

St. Alphonsus Liguori Integrated

School Bacoor City

University of Batangas Alumni

Association, Inc. Batangas

Oblates of Saint Joseph Schools

Batangas

Taysan High School and Child

Development Center Batangas

Lipa Archdiocesan Catholic Schools Association Lidicsa

Batangas

Saint Joseph College of Rosario

Batangas Inc Batangas

University of Batangas

Batangas City

University of Perpetual Help Dr

Jose G Tamayo Medical University

Biñan

University of Perpetual Help

System Laguna Binan City

Binangonan Garden of Learners

Binangonan

Anthony Hilmer Medrano

Cabuyao

Arise and Shine Academy

Cabuyao

Faculty Association of Mapua

Cainta

Cainta Catholic Colkege

Cainta

Twin Stars School of Calamba,

Inc. Calamba

Immaculate Conceotion Catholic

School - Calamba

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600 Private School Co-signatories the Appeal to President Rodrigo Duterte

for the Correction on Provisions of RR5-2021

Calamba

Cambridge School

Calamba

Immaculate Conception Catholic

Schiol - Calamba Calamba

University of Perpetual Help

System DALTA Calamba

Asian Computer College

Calamba

Active Community Contributors

Institute Calamba

Casa Del Niño Montessori

School Ciudad de Calamba, Inc. Calamba

Good Samaritan Mary School

Calamba

Calamba Adventist Elementary

School Calamba

Children of God Learning

Academy Inc. Calamba

Immaculate Conception Catholic

School Calamba

University of Perpetual Help

System-Dalta Calamba

Immaculate Conception Catholic

School Calamba Calamba

UPH Calamba Campus Faculty

Club Calamba City

University of Perpetual Help

System DALTA Calamba Calamba city

UPH Calamba Campus College

Faculty Club President Calamba City

Cambridge School, Inc.

Calamba City

Faculty Club

Calamba City

Family Tabernacle of Jesus

Christ (FTJCA) Christian Academy

Calamba City

South Greenville School

Calauan

LUZONIAN CENTER OF

EXCELLENCE FOR SCIENCE AND TECHNOLOGY (LCEST)

INC. Calauan

The Refiner's Christian School-

RCS 1999 Inc Calauan

The Refiner's Christian School

Calauan

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600 Private School Co-signatories the Appeal to President Rodrigo Duterte

for the Correction on Provisions of RR5-2021

The Refiner's Christian School-

RCS 1999 INC. Calauan

The Refiner's Christian School

Calauan

The Refiner's Christian School

Calauan

Luzonian Center of Excellence

for Science and Technology Caluan

Luzonian Center of Excellence

for Science and Technology (LCEST) Inc.

Caluan

Headstart Christian Learning

Institute Inc. Candelaria

Headstart Christian Learning

Institute, Inc. Candelaria

University of Perpetual Help-Molino College Faculty Club

Cavite

University of Perpetual

HelpMolino College Faculty Club Cavite

The Valley Cathedral Academy,

Inc. Cavite

Malayan Colleges Laguna

City of Cabuyao

Our Lady in Pink and Blue

School Inc City of Santa Rosa

PNTC Colleges

Dasmariñas

Mt. Carmel School of Cavite

Dasmariñas

Christ the king College of Cavite

Foundation, Inc. Dasmariñas

APEC Schools - Dasmariñas

Dasmariñas

Mapua University

Dasmarinas

Salawag Merryhills School of

Dasmariñas Dasmarinas

University of Perpetual Help

System GMA Campus General Mariano Alvarez

Ibaan Saint James Academy

Ibaan

Mapúa University

Imus

UNIVERSITY OF PERPETUAL

HELP SYSTEM DALTA, MOLINO CAMPUS. Junior

Business High School Parents and Teachers Association Board

Imus City

Juanito R. Gatus

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600 Private School Co-signatories the Appeal to President Rodrigo Duterte

for the Correction on Provisions of RR5-2021

Indang, Cavite

LICEO DE LILIW

Liliw

University of Batangas Lipa City

Lipa

Lipa Montessori School of

Learning, Inc. Lipa

Lipa Montessori School of

Learning, Inc. Lipa

Lipa Montessori School of

Learning, Inc. Lipa

Lipa Montessori School of

Learning, Inc. Lipa

Lipa Montessori School of

Learning, Inc. Lipa

Lipa Montessori School of

Learning, Inc. Lipa

Lipa Montessori School of

Learning, Inc. Lipa

APEC Schools - Lipa

Lipa

Balete Family Farm School, Inc.

Lipa City

Stonyhurst Southville

International School,Inc Lipa City

Hondagua Port High School

Lopez

Lalaguna Rural Academy

Lopez

Liceo De Los Baños

Los Banos

Liceo De Los Baños

Los Banos

JOY IN LEARNING SCHOOL

INCORPORATED Los Banos

Hasik Bagong Buhay Christian

School Inc. Los Banos

Los Banos Adventist Elementary

School Los Banos

Liceo De Los Bańos

Los Bańos

Colegio de Los Baños

Los Baños

Colegio de Los Baños

Los Baños

Christian School International

Los Baños

Joy In Learning School, Inc.

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600 Private School Co-signatories the Appeal to President Rodrigo Duterte

for the Correction on Provisions of RR5-2021

Los Baños

Joy In Learning School, Inc.

Los Baños

Joy in Learning School, Inc.

Los Baños

Banahaw Technological College,

Inc. Lucban

MLILC

Lucena City

LAGUNA PROVINCE PRIVATE

SCHOOLS AND ADMINISTRATORS

ASSOCIATION(LAPPRISADA) Luisiana

LAGUNA PROVINCE PRIVATE

SCHOOLS AND ADMINISTRATORS

ASSOCIATION(LAPPRISADA)S Luisiana

Mabini College of Batangas, Inc

Mabini

LICEO DE MAJAYJAY

Majayjay

Tomas Claudio colleges

Morong

Little Lamb Educational School

of San Francisco, (LLESSF) Inc. N/A

Western Colleges Inc.

Naic

Magnum Opus Formation

School, Incorporated Padre Garcia

Holy Family Academy of Padre

Garcia, Batangas Inc. Padre Garcia

South Greenville School, Inc

Pila

Little Lamb Educational School of San Francisco, (LLESSF)Inc.

Quezon

Little Lamb Educational School

of San Francisco, (LLESSF) Inc. Quezon

APEC Schools - Taytay

Rizal

Padre Vicente Garcia Memorial

Academy, Inc. Rosario

SAINT JOSEPH ACADEMY OF

SAN JOSE BATANGAS INC. San Jose

hope zoel young minds builder

inc San Pablo

hope zoel young minds builder

inc San Pablo

Bright Shiners Elem School

San Pablo

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600 Private School Co-signatories the Appeal to President Rodrigo Duterte

for the Correction on Provisions of RR5-2021

Hope Zoel Young Minds Builder

Inc. San Pablo

Hope Zoel Young Minds Builder

Inc. San Pablo

Scuola Dei Bambini di Sta Teresita Montessori Inc.

San pablo

Scuola dei Bambini di Sta.

Teresita San Pablo

Scuola dei Bambini di Sta. Teresita Montessori Inc..

San Pablo

Scuola dei Bambini di Sta.

Teresita, IMI San Pablo

APEC Schools - San Pablo

San Pablo

Laguna College

San Pablo City

hkpe zoel young minds builder

inc San Pablo City

Hope Zoel Young Minds Builder

Inc Parents Association San Pablo City

San Pablo Christian School

San Pablo City

San Pablo Colleges

San Pablo City

Joseph And Mary Academy

San Pedro

Joseph And Mary Academy

San Pedro

Sisters of Mary Immaculate

School San Pedro

Casa Del Niño Montessori &

Science High School San Pedro

San Lorenzo School

San Pedro

San Lorenzo School

San Pedro

Franceville academy inc

Silang

South Greenville School

Sta Cruz, Laguna

New Sinai School and Colleges

Sta Rosa Inc. Sta Rosa

St. Therese Martin of Lisieux School and Business High

School Sta. Cruz

St. Therese Martin of Lisieux School and Business High

School Sta. Cruz

Page 19: AN URGENT PLEA FOR INTERVENTION Petition by 600 Private ...

600 Private School Co-signatories the Appeal to President Rodrigo Duterte

for the Correction on Provisions of RR5-2021

St. Therese Martin of Lisieux School and Business High

School Sta. Cruz

Saint Therese of Martin of

Lisieux School and Business High School

Sta. Cruz

St. Therese Martin of Lisieux

School and Business HighSchool Sta. Cruz

Child Formation Center of Sta.

Rosa, Inc. Sta. Rosa

Mapua University

Sta. Rosa City

St Judiel Learning Center

Sta. Rosa City

SAINT THERESE MARTIN OF

LISIEUX SCHOOL AND BUSINESS HIGH SCHOOLS

Sta.Cruz

Laguna BelAir Science School

Sta.Rosa

SAINT FRANCIS OF ASSISI

COLLEGE OF SANTA ROSA, INC.

Sta.Rosa

Kainos Learning Institute Inc.

Sta.Rosa

Blessed Christian School de Sta.

Rosa, Inc. Sta.Rosa

DMMC INSTITUTE OF HEALTH

SCIENCES Tanauan

MLILC PARENT TEACHER

FELLOWSHIP (PTF) Tayabas

Metro Lucena Integrated Learning Center Faculty

Tayabas

SAN ROQUE PAROCHIAL

SCHOOL Tayabas

San Roque Parochial school

Tayabas

San Roque Parochial

School.Inc. Tayabas

San Roque Parochial School

Inc. Tayabas City

San Roque Parochial School

Inc. Tayabas City

San Roque Parochial School

Inc. Faculty Club Tayabas City

San Roque Parochial School

Inc. Tayabas City

San Roque Parochial School

Inc. Tayabas City

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San Roque Parochial School Inc

Tayabas city

San Roque Parochial School

Inc. Tayabas City

Lord's Jewels Christian Schoo,

Inc. Taytay

Saint Thomas Becket Academy/

DCPAPSPA Trece Martires City

University of Perpetual Help

Dalta- Calamba Campus Calamba

BARMM Notre Dame University Junior High School

Cotabato City

CAR University of Baguio

Baguio City

Pines City Colleges

Baguio City

4A MLIlcC-Tayabas

Tayabas

Christ the King School of

Cabuyao Cabuyao

Malayan Colleges Laguna

Cabuyao

Dodjie Maestrecampo

Cabuyao

NCR Mapua university

Antipolo

Mapua University

Binan

Mapúa University

Bulacan

APEC Schools - Grace Park

West Caloocan

National Teachers College

Caloocan

Faculty Association of Mapúa

Institute of Technology City of Manila

Faculty Association of Mapúa

Institute of Technology City of Manila

Mapua University

Intramuros

Las Pinas Montessori School

Las Pinas

UPHSD

Las Pinas

AMA Basic Education Las Pinas

Las Pinas

APEC Schools - Las Pinas

Las Pinas

Divine Light Academy, Las

Piñas City

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600 Private School Co-signatories the Appeal to President Rodrigo Duterte

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Las Piñas

UPHSD SHS PTAB

Las Piñas

AMA BASIC EDUCATION OF

LASPINAS Las Piñas

Achievers Mind Home of

Learning Inc. Las Piñas

Yellow Bell Childcare and

Development Center Las Piñas

Blessed Name of Jesus

Learning School Las Piñas

UPHSD ALUMNI ASSOCIATION

Las Piñas

BF Homes School, Inc.

Las Piñas

ANGEL OF THE HOLY SPIRIT

ACADEMY Las Piñas

DON CARLO CAVINA SCHOOL

Las Piñas

Sunshine Learning Center of

Las Piñas, Inc. Las Piñas

BEST CHILD Learning Center of

Las Pinas Las Piñas

Bethany School of Las Piñas,

Inc. Las Piñas

Bethany School of Las Piñas,

Inc. Las Piñas

Asian Association of School

HRMD Practitioners, Inc. (AASHPI) Las Piñas

South SEED-LPDH College

Las Piñas

University of Perpetual Help System DALTA - Las Pinas

Las Pinas City

Jonelta Foundation School of

Medicine Las Pinas City

Elizabeth Seton School

Las Pinas City

PTAB JHS

Las Piñas City

Mapua University

Makati

Mapua University

Makati

MAPUA UNIVERSITY

Makati

Mapua University

Makati

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600 Private School Co-signatories the Appeal to President Rodrigo Duterte

for the Correction on Provisions of RR5-2021

Mapua University

Makati

Mapua University - ETYSBM

Makati City

Mapúa University

Malabon

Mapua University

Manila

University of the East

Manila

Far Eastern University

Manila

Mapua University

Manila

National Teachers College

Manila

Mapua University

Manila

National Teachers College

Manila

MAPUA University

Manila

Mapua university

Manila

Mapúa University

Manila

Mapua University

Manila

Mapua University

Manila

Mapua University

Manila

FAMIT

Manila

FAMIT/FAMU

Manila

Mapua University

Manila

Mapúa University

Manila

FAMIT

Manila

Mapua University

Manila

Mapua University

Manila

Mapua University

Manila

Mapua University

Manila

FaMIT

Manila

Mapua University

Manila

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600 Private School Co-signatories the Appeal to President Rodrigo Duterte

for the Correction on Provisions of RR5-2021

Mapua University/ FAMIT

Manila

Mapua University

Manila

Mapua University

Manila

Mapua University

Manila

Mapua University

Manila

Mapua University

Manila

Mapua University

Manila

Mapua University

Manila

Faculty Association of Mapua

Institute of Technology Manila

Malayan High School of Science

Manila

MALAYAN HIGH SCHOOL OF

SCIENCE FACULTY MANILA

Mapua University

Manila

MAPUA UNIVERSITY

Manila

MAPUA UNIVERSITY

Manila

Mapua University

Manila

Mapua University

Manila

Mapua University

Manila

Mapua University

Manila

Lyceum of the Philippines

University Manila

Mapua University

Manila

Mapua University

Manila

Mapua University

Manila

Mapua University

Manila

Mapua University

Manila

Mapua University

Manila

Faculty Association of Mapua

University Manila

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600 Private School Co-signatories the Appeal to President Rodrigo Duterte

for the Correction on Provisions of RR5-2021

MAPUA University

Manila

Mapua University

Manila

MAPUA UNIVERSITY

Manila

Mapua University

Manila

Mapua University

Manila

Mapua University

Manila

Mapua University

Manila

Mapua University

Manila

FAMU

Manila

Mapua University

Manila

MAPUA UNIVERSITY

Manila

Mapua University

Manila

FAMIT

Manila

Mapua University

Manila

Mapua University

Manila

Mapua University

Manila

Department of Arts and Letters

Manila

Mapua University

Manila

Mapua University

Manila

Mapúa University

Manila

Faculty Association of Mapua

University (FAMIT) Manila

Mapua University

Manila

Mapua University

Manila

Mapúa University

Manila

Mapua University

Manila

Mapua University

Manila

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600 Private School Co-signatories the Appeal to President Rodrigo Duterte

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Mapua University

Manila

Mapua University

Manila

Faculty Association of Mapua

University (FAMIT) Manila

MAPUA UNIVERSITY

Manila

Faculty Association of Mapua

University (FAMIT) Manila

FAMIT

Manila

Mapua Unuversity

Manila

Mapua University

Manila

Mapua University

Manila

Mapua University

Manila

FAMIT

Manila

Mapua University

Manila

Mapua University

Manila

Mapúa University

Manila

Mapua University

Manila

Mapua University

Manila

Mapua University

Manila

Malayan Parents Council

Manila

Malayan Parents Council

Manila

Mapúa University

Manila

Faculty Association of Mapua

Institute of Technology Manila

Mapúa University

Manila

Mapua University

Manila

FAMIT

Manila

Faculty Association of Mapua

Institute of Technology Manila

Mapua University

Manila

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600 Private School Co-signatories the Appeal to President Rodrigo Duterte

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MAPUA UNIVERSITY

Manila

Mapua University

Manila

Mapua University

Manila

Mapua Univ.

Manila

Faculty Association of Mapua

Institute of Tech Manila

Faculty Association of Mapua

Institute of Technology (FAMIT) Manila

Mapua

Manila

Faculty Association of Mapua

University Manila

Mapua University

Manila

Perpetual Help College of

Manila Manila

FAMIT

Manila

Mapua University

Manila

FAMIT

Manila

Mapua university faculty club

Manila

Mapua University

Manila

Mapua University

Manila

Mapua University

Manila

FAMIT

Manila

NTCAA

Manila

National Teachers College

Manila

Ma. Elena Parayno

Manila

National Teachers College

Manila

NATIONAL TEACHERS

COLLEGE Manila

National Teachers College

Manila

National Teachers College

Manila

National Teachers College

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Manila

Mapua University

Manila

National Teachers College

Manila

National Teachers College

Manila

National Teachers College -

CPTA Manila

Mapúa University

Manila

mapua university

Manila

National Teachers College

Manila

Mapua University

Manila

Florinda Barquilla

Manila

Don Bosco School(Salesian

Sisters),Inc. Manila

National Teachers College

Manila

NTC-Student Government

Manila

Mapua University

Manila

Saint Jude Catholic School

Manila

Faculty Association of Mapua

University Manila

Mapua University

Manila

Mapua University

Manila

National Teachers College High

School Parent Teachers Association

Manila

Mapua University

Manila

Mapúa University

Manila

Mapúa University

Manila City

FAMIT

Manila City

Michael Nayat Young

Manila,

APEC Schools - Calumpang

Marikina

APEC Schools - Concepcion

Dos Marikina

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600 Private School Co-signatories the Appeal to President Rodrigo Duterte

for the Correction on Provisions of RR5-2021

APEC Schools - Marikina

Heights Marikina

Mapua University

Metro Manila

Faculty Association of Mapua

University Metro Manila

Mapua University - School of

EECE Metro Manila

Southernside Montessori School

Muntinlupa

Jumila Montaño

Muntinlupa

San Beda College Alabang

Muntinlupa

APEC Schools - Muntinlupa

Muntinlupa

Richard Lozada

Muntinlupa City

Faculty Association of Mapua

University Paranaque

Lydia Paola Go Marave

Paranaque

FAMIT

Paranaque

IMMACULATE HEART OF

MARY COLLEGE Paranaque

Immaculate Heart of Mary

College-Paranaque Paranaque

University of Asia and the Pacific

Pasig

Mapua University

Pateros

APEC Schools - Pateros

Pateros

MAPUA UNVERSITY

Quezon City

Mapua University

Quezon City

Mapua University

Quezon City

Faculty Association of Mapua

University (FAMIT) Quezon City

Mapua University

Quezon City

National Teachers College

Quezon City

Angels of Peace Academy

Foundation Inc. Quezon City

APEC Schools - New Manila

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Quezon City

APEC Schools - North Fairview

Quezon City

APEC Schools - V. Luna

Quezon City

National Teachers College

Quiapo

APEC Schools - Ortigas

Extension Rizal

APEC Schools - Roxas

Boulevard Roxas Boulevard

APEC Schools - Sta. Rita

Sta. Rita

Faculty Club, Department of Arts

and Letters (DAL) & Faculty Association of Mapua University

(FAMIT) Taguig City

MAPUA UNIVERSITY

Taguig City

APEC Schools - Taytay

Taytay

APEC Schools - Tondo

Tondo

International Linkages for

Research and Development Valenzuela

Charis Christian School of

Val.,Inc. Valenzuela

Alejandro Basco Soriano

Valenzuela

UPHSD FACULTY CLUB

Las Piñas

Mapua University

Manila

Faculty Association of Mapua

Manila

Mapua University / Math

Department Manila

Immaculate Heart of Mary College-Paranaque

Saint Teresa Academy, Inc.

Manila

Immaculate Heart of Mary College-Pasig

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COCOPEA Statement, June 1, 2021

STATEMENT ON DAMAGING, DISCRIMINATORY AND ILLEGAL

PROVISION IN BUREAU OF INTERNAL REVENUE

REVENUE REGULATION 5-2021

The Coordinating Council of Private Educational Associations, in solidarity with all private

educational institutions and education stakeholders throughout the country, calls for the immediate

rectification of Revenue Regulation 5-2021 (“RR 5-2021”), a tax regulation issued by the Bureau of

Internal Revenue.

Whereas the recently enacted Republic Act No. 11534 or the Corporate Recovery and Tax

Incentives for Enterprises Act (the “CREATE Act”) sought to shore up proprietary educational

institutions during the pandemic with a much appreciated temporary reduction in the tax rate from

10% to 1%, RR 5–2021 will instead cause irreparable damage to the institutions and stakeholders

that the Duterte Administration and Congress sought to help, by more than doubling their tax rate

from the 10% that has been applied to them since 1968, to 25%.

RR 5-2021’s Grave Impact on the Education Sector

The imposition of RR 5-2021, especially during this deep economic recession, will penalize,

marginalize and discriminate against proprietary educational institutions with unfeasibly higher taxes

that may force financially distressed schools to close down and trigger a radiating wave of economic

disruption that will hit not just teachers and school personnel, but also the extensive network of

linked small and medium businesses and livelihood activities of the host communities.

Whereas corporations nationwide will see their tax rate reduced as a result of CREATE, it is only

proprietary educational institutions that have been singled out by RR 5-2021 for a devastating

increase in tax rates, despite the key role that they play in tackling the ongoing learning crisis that

will impact our country’s ability to generate jobs for decades to come, and despite the severe

financial stress they are undergoing as a result of the pandemic - induced plunge in enrollment.

The unintended consequence of RR 5-2021 is to impose a very heavy burden on the private

education sector at a time when schools are already struggling to survive as a result of first, the K-

to-12 Act, and now the pandemic. The immediate impact will be seen in a sharp reduction of

investments in classroom capacity and scholarships. The longer-term impact of RR 5-2021 would

be that faculty and personnel are at greater risk of losing their jobs, and even the communities and

small businesses built around schools (e.g., dormitories, janitorial and security services, uniform

sewers, carinderias, sari - sari stores and school bus services) will be significantly affected.

A

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RR 5-2021 would cause severe damage to the schools, parents, students, employees and numerous

other stakeholders in the private education sector, which is a large and vital partner of the

government in providing quality education nationwide. Currently, there over 6.1 million students

enrolled in 4,125 private educational institutions across the country, as per CHED and DepEd

data. The current faculty and staff in the basic education units of the private educational institutions

number over 300 thousand, while in higher education, the total number is approximately 100

thousand.

RR 5-2021 is ill-conceived and insensitive to the realities of the private education sector

In the aftermath of the economic impact of the pandemic on the families of learners, it would be

almost impossible for many in the private education sector to recover without some government

assistance.

Since the start of the pandemic, almost 900 private basic education schools have closed, and several

private higher education institutions have suspended operations. The Department of Education

reported last March 1, 2021 that enrollment in private K-12 schools dropped by over 900,000

learners versus the prior school year.

In higher education, a survey conducted by the Philippine Association of Colleges and Universities

(PACU) in April 2021 indicates that over 50% of respondents experienced a decline in enrollment

of 10 to 50+ % in SY 2020-21 versus the prior year. Over a million students, faculty and school

personnel in private schools have been impacted by the pandemic to date.

The temporary relief intended by the CREATE Act should have encouraged increased participation

of the private sector in the delivery of education, easing the government’s costs in building more

schools and classrooms, and in the hiring and training of more teachers in the public school system.

However, the benefits of the monumental passage of the CREATE Act and its objective of

supporting the private education sector are now in grave danger of being entirely reversed by the

BIR under RR 5-2021.

It is our sincere belief that this is not the spirit or the intention of the CREATE Act. The BIR’s

arbitrary move to enforce a 15% increase in the tax rate during this deep recession is ill -

conceived and insensitive to the realities of the education sector.

RR 5-2021 is Grossly Inconsistent with the CREATE Act

RR 5-2021 directly contradicts the recently enacted Republic Act No. 11534 or the Corporate

Recovery and Tax Incentives for Enterprises Act (CREATE) which grants a temporary reduction of

the concessionary income tax rate of proprietary educational institutions from 10% to 1% for the

next three years. We highly commend this responsive act of legislators and the President to help

alleviate struggling private schools from the health and economic crisis under the pandemic.

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However, we strongly protest the BIR’s unilateral insertion of a condition that proprietary

educational institutions must be "non-profit" to enjoy the reduced rate. Otherwise, they are subject

to the regular corporate rate of 25%. If implemented, this effectively cancels out the 1% rate under

the CREATE Act, as proprietary educational institutions by direct implication would now be subject

to the regular corporate rate of 25%.

Specifically, RR 5-2021 unilaterally inserted the word “non-profit schools” in the definition of

“proprietary schools”. This modifier “non-profit schools” is NOT found in the definition of

proprietary schools in Section 27 (B) of the Tax Code. The condition for proprietary educational

institutions to be "non-profit", aside from being a legal impossibility, was also not provided for by the

CREATE Act.

The 9-point tax reduction in the income tax due from proprietary educational institutions under the

CREATE Act was expected to be the lifeline extended by the government to economically affected

schools, which extends to their students in the form of scholarships, loans, reduced fees, and to their

personnel through salaries, benefits, and other forms of assistance, at this time of severe crisis.

The spirit of the CREATE Act as envisioned by Congress and the Duterte Administration should

not be allowed to be set aside by the BIR RR 5-2021. What the BIR cannot do directly, it cannot do

indirectly. RR 5-2021, as an administrative issuance, cannot amend a law passed by Congress.

Constitutional Infirmities of RR 5-2021

Our Constitution is unequivocal: “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.”

The unprecedented move under RR 5-2021 clearly suffers from serious Constitutional infirmities.

Under Art. XIV, Sec. 4(3), of the Constitution:

(a) “All revenues and assets of non-stock, non-profit educational institutions ... shall be exempt

from taxes and duties.”

(b) “Proprietary educational institutions … may likewise be entitled to such exemptions, subject

to the limitations provided by law, including restrictions on dividends and provisions for

reinvestment.”

As can be clearly deduced from the language above, the reference to proprietary educational

institutions is a reference to for-profit educational institutions which are organized as stock

corporations as the Constitution allows “restrictions on dividends and provisions for reinvestment”

as part of the limitations for the grant to them of preferential tax treatment.

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Contrary to the clear mandates of both the Constitution and the CREATE Law, RR 5-2021 limits

the application of the preferential tax treatment to proprietary educational institutions that are

“non-profit.” Instead of implementing the preferential tax treatment of proprietary or stock

educational institutions under the Constitution and the Tax Code, RR 5-2021 is denying them

preferential tax treatment.

Uphold the Pro Education Spirit of the CREATE ACT and the Constitution

We have exhausted all official means to bring this matter to the attention of the Department of

Finance and the Bureau of Internal Revenue, yet our appeals to correct this matter of urgent public

concern remain unresolved.

We therefore make this public appeal on behalf of the whole private education sector, in the hopes

of a favorable intervention from our policymakers in the Executive Branch, to spare the education

sector and its many stakeholders from the devastating effects of RR 5-2021.

We therefore call on our tax authorities to exercise their taxing power with fairness and equity, and

in accordance with both the CREATE Act and the Constitution, by immediately rectifying the

erroneous insertion in RR 5-2021.

ATTY. JOSEPH NOEL M. ESTRADA

Managing Director

For the Coordinating Council of Private Educational Associations

June 1, 2021

###

Contact Details:

Atty. Joseph Noel Estrada

[email protected]

+639998817412