Final Demonstration

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Published:May 15, 2013.

S. No. 3286

H. No. 6643

Republic of the PhilippinesCongress of the Philippines

Metro Manila

Fifteenth Congress

Third Regular Session

Begun and held in Metro Manila, on Monday, the twenty-third day of July, two thousand

twelve.

[REPUBLIC ACT NO. 10533]

AN ACT ENHANCING THE PHILIPPINE BASIC EDUCATION SYSTEM BY STRENGTHENING ITSCURRICULUM AND INCREASING THE NUMBER OF YEARS FOR BASIC EDUCATION, APPROPRIATING

FUNDS THEREFOR AND FOR OTHER PURPOSES

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

assembled:

SECTION 1. Short Title. This Act shall be known as the Enhanced Basic Education Act of

2013.

SEC. 2. Declaration of Policy. The State shall establish, maintain and support a complete,

adequate, and integrated system of education relevant to the needs of the people, the country

and society-at-large.

Likewise, it is hereby declared the policy of the State that every graduate of basic education

shall be an empowered individual who has learned, through a program that is rooted on sound

educational principles and geared towards excellence, the foundations for learning throughout

life, the competence to engage in work and be productive, the ability to coexist in fruitful

harmony with local and global communities, the capability to engage in autonomous, creative,

and critical thinking, and the capacity and willingness to transform others and ones self.

For this purpose, the State shall create a functional basic education system that will developproductive and responsible citizens equipped with the essential competencies, skills and values

for both life-long learning and employment. In order to achieve this, the State shall:

(a) Give every student an opportunity to receive quality education that is globally competitive

based on a pedagogically sound curriculum that is at par with international standards;
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(b) Broaden the goals of high school education for college preparation, vocational and technical

career opportunities as well as creative arts, sports and entrepreneurial employment in a

rapidly changing and increasingly globalized environment; and

(c) Make education learner-oriented and responsive to the needs, cognitive and cultural

capacity, the circumstances and diversity of learners, schools and communities through theappropriate languages of teaching and learning, including mother tongue as a learning

resource.

SEC. 3. Basic Education. Basic education is intended to meet basic learning needs which

provides the foundation on which subsequent learning can be based. It encompasses

kindergarten, elementary and secondary education as well as alternative learning systems for

out-of-school learners and those with special needs.

SEC. 4. Enhanced Basic Education Program. The enhanced basic education program

encompasses at least one (1) year of kindergarten education, six (6) years of elementary

education, and six (6) years of secondary education, in that sequence. Secondary education

includes four (4) years of junior high school and two (2) years of senior high school education.

Kindergarten education shall mean one (1) year of preparatory education for children at least

five (5) years old as a prerequisite for Grade I.

Elementary education refers to the second stage of compulsory basic education which is

composed of six (6) years. The entrant age to this level is typically six (6) years old.

Secondary education refers to the third stage of compulsory basic education. It consists of four

(4) years of junior high school education and two (2) years of senior high school education. Theentrant age to the junior and senior high school levels are typically twelve (12) and sixteen (16)

years old, respectively.

Basic education shall be delivered in languages understood by the learners as the language

plays a strategic role in shaping the formative years of learners.

For kindergarten and the first three (3) years of elementary education, instruction, teaching

materials and assessment shall be in the regional or native language of the learners. The

Department of Education (DepED) shall formulate a mother language transition program from

Grade 4 to Grade 6 so that Filipino and English shall be gradually introduced as languages of

instruction until such time when these two (2) languages can become the primary languages of

instruction at the secondary level.

For purposes of this Act, mother language or first Language (LI) refers to language or languages

first learned by a child, which he/she identifies with, is identified as a native language user of by

others, which he/she knows best, or uses most. This includes Filipino sign language used by


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individuals with pertinent disabilities. The regional or native language refers to the traditional

speech variety or variety of Filipino sign language existing in a region, area or place.

SEC. 5. Curriculum Development. The DepED shall formulate the design and details of the

enhanced basic education curriculum. It shall work with the Commission on Higher Education

(CHED) to craft harmonized basic and tertiary curricula for the global competitiveness of Filipinograduates. To ensure college readiness and to avoid remedial and duplication of basic

education subjects, the DepED shall coordinate with the CHED and the Technical Education and

Skills Development Authority (TESDA).

To achieve an effective enhanced basic education curriculum, the DepED shall undertake

consultations with other national government agencies and other stakeholders including, but

not limited to, the Department of Labor and Employment (DOLE), the Professional Regulation

Commission (PRC), the private and public schools associations, the national student

organizations, the national teacher organizations, the parents-teachers associations and the

chambers of commerce on matters affecting the concerned stakeholders.

The DepED shall adhere to the following standards and principles in developing the enhanced

basic education curriculum:

(a) The curriculum shall be learner-centered, inclusive and developmentally appropriate;

(b) The curriculum shall be relevant, responsive and research-based;

(c) The curriculum shall be culture-sensitive;

(d) The curriculum shall be contextualized and global;

(e) The curriculum shall use pedagogical approaches that are constructivist, inquiry-based,

reflective, collaborative and integrative;

(f) The curriculum shall adhere to the principles and framework of Mother Tongue-Based

Multilingual Education (MTB-MLE) which starts from where the learners are and from what

they already knew proceeding from the known to the unknown; instructional materials and

capable teachers to implement the MTB-MLE curriculum shall be available;

(g) The curriculum shall use the spiral progression approach to ensure mastery of knowledge

and skills after each level; and

(h) The curriculum shall be flexible enough to enable and allow schools to localize, indigenize

and enhance the same based on their respective educational and social contexts. The

production and development of locally produced teaching materials shall be encouraged and

approval of these materials shall devolve to the regional and division education units.


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SEC. 6. Curriculum Consultative Committee. There shall be created a curriculum consultative

committee chaired by the DepED Secretary or his/her duly authorized representative and with

members composed of, but not limited to, a representative each from the CHED, the TESDA,

the DOLE, the PRC, the Department of Science and Technology (DOST), and a representative

from the business chambers such as the Information Technology Business Process

Outsourcing (IT-BPO) industry association. The consultative committee shall oversee the reviewand evaluation on the implementation of the basic education curriculum and may recommend

to the DepED the formulation of necessary refinements in the curriculum.

SEC. 7. Teacher Education and Training. To ensure that the enhanced basic education

program meets the demand for quality teachers and school leaders, the DepED and the CHED,

in collaboration with relevant partners in government, academe, industry, and

nongovernmental organizations, shall conduct teacher education and training programs, as

specified:

(a) In-service Training on Content and Pedagogy Current DepED teachers shall be retrained

to meet the content and performance standards of the new K to 12 curriculum.

The DepED shall ensure that private education institutions shall be given the opportunity to

avail of such training.

(b) Training of New Teachers. New graduates of the current Teacher Education curriculum

shall undergo additional training, upon hiring, to upgrade their skills to the content standards of

the new curriculum. Furthermore, the CHED, in coordination with the DepED and relevant

stakeholders, shall ensure that the Teacher Education curriculum offered in these Teacher

Education Institutes (TEIs) will meet necessary quality standards for new teachers. Duly

recognized organizations acting as TEIs, in coordination with the DepED, the CHED, and otherrelevant stakeholders, shall ensure that the curriculum of these organizations meet the

necessary quality standards for trained teachers.

(c) Training of School Leadership. Superintendents, principals, subject area coordinators and

other instructional school leaders shall likewise undergo workshops and training to enhance

their skills on their role as academic, administrative and community leaders.

Henceforth, such professional development programs as those stated above shall be initiated

and conducted regularly throughout the school year to ensure constant upgrading of teacher

skills.

SEC. 8. Hiring of Graduates of Science, Mathematics, Statistics, Engineering and Other

Specialists in Subjects With a Shortage of Qualified Applicants, Technical-Vocational Courses

and Higher Education Institution Faculty. Notwithstanding the provisions of Sections 26, 27

and 28 of Republic Act No. 7836, otherwise known as the Philippine Teachers

Professionalization Act of 1994, the DepED and private education institutions shall hire, as may

be relevant to the particular subject:


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(a) Graduates of science, mathematics, statistics, engineering, music and other degree courses

with shortages in qualified Licensure Examination for Teachers (LET) applicants to teach in their

specialized subjects in the elementary and secondary education. Qualified LET applicants shall

also include graduates admitted by foundations duly recognized for their expertise in the

education sector and who satisfactorily complete the requirements set by these organizations:

Provided, That they pass the LET within five (5) years after their date of hiring: Provided, further,That if such graduates are willing to teach on part-time basis, the provisions of LET shall no

longer be required;

(b) Graduates of technical-vocational courses to teach in their specialized subjects in the

secondary education: Provided, That these graduates possess the necessary certification issued

by the TESDA: Provided, further, That they undergo appropriate in-service training to be

administered by the DepED or higher education institutions (HEIs) at the expense of the DepED;

(c) Faculty of HEIs be allowed to teach in their general education or subject specialties in the

secondary education: Provided, That the faculty must be a holder of a relevant Bachelors

degree, and must have satisfactorily served as a full-time HEI faculty;

(d) The DepED and private education institutions may hire practitioners, with expertise in the

specialized learning areas offered by the Basic Education Curriculum, to teach in the secondary

level; Provided, That they teach on part-time basis only. For this purpose, the DepED, in

coordination with the appropriate government agencies, shall determine the necessary

qualification standards in hiring these experts.

SEC. 9. Career Guidance and Counselling Advocacy. To properly guide the students in

choosing the career tracks that they intend to pursue, the DepED, in coordination with the

DOLE, the TESDA and the CHED, shall regularly conduct career advocacy activities for secondarylevel students. Notwithstanding the provisions of Section 27 of Republic Act No. 9258,

otherwise known as the Guidance and Counselling Act of 2004, career and employment

guidance counsellors, who are not registered and licensed guidance counsellors, shall be

allowed to conduct career advocacy activities to secondary level students of the school where

they are currently employed; Provided, That they undergo a training program to be developed

or accredited by the DepED.

SEC. 10. Expansion of E-GASTPE Beneficiaries. The benefits accorded by Republic Act No.

8545,or the Expanded Government Assistance to Students and Teachers in Private Education

Act, shall be extended to qualified students enrolled under the enhanced basic education.

The DepED shall engage the services of private education institutions and non-DepED schools

offering senior high school through the programs under Republic Act No. 8545, and other

financial arrangements formulated by the DepED and the Department of Budget and

Management (DBM) based on the principles of public-private partnership.
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SEC. 11. Appropriations. The Secretary of Education shall include in the Departments

program the operationalization of the enhanced basic education program, the initial funding of

which shall be charged against the current appropriations of the DepED. Thereafter, the

amount necessary for the continued implementation of the enhanced basic education program

shall be included in the annual General Appropriations Act.

SEC. 12. Transitory Provisions. The DepED, the CHED and the TESDA shall formulate the

appropriate strategies and mechanisms needed to ensure smooth transition from the existing

ten (10) years basic education cycle to the enhanced basic education (K to 12) cycle. The

strategies may cover changes in physical infrastructure, manpower, organizational and

structural concerns, bridging models linking grade 10 competencies and the entry requirements

of new tertiary curricula, and partnerships between the government and other entities.

Modeling for senior high school may be implemented in selected schools to simulate the

transition process and provide concrete data for the transition plan.

To manage the initial implementation of the enhanced basic education program and mitigate

the expected multi-year low enrolment turnout for HEIs and Technical Vocational Institutions

(TVIs) starting School Year 2016-2017, the DepED shall engage in partnerships with HEIs and

TVIs for the utilization of the latters human and physical resources. Moreover, the DepED, the

CHED, the TESDA, the TVIs and the HEIs shall coordinate closely with one another to implement

strategies that ensure the academic, physical, financial, and human resource capabilities of HEIs

and TVIs to provide educational and training services for graduates of the enhanced basic

education program to ensure that they are not adversely affected. The faculty of HEIs and TVIs

allowed to teach students of secondary education under Section 8 hereof, shall be given

priority in hiring for the duration of the transition period. For this purpose, the transition period

shall be provided for in theimplementing rules and regulations(IRR).

SEC. 13. Joint Congressional Oversight Committee on the Enhanced Basic Educational Program

(K to 12 Program). There is hereby created a Joint Oversight Committee to oversee, monitor

and evaluate the implementation of this Act.

The Oversight Committee shall be composed of five (5) members each from the Senate and

from the House of Representatives, including Chairs of the Committees on Education, Arts and

Culture, and Finance of both Houses. The membership of the Committee for every House shall

have at least two (2) opposition or minority members.

SEC. 14. Mandatory Evaluation and Review. By the end of School Year 2014-2015, the DepED

shall conduct a mandatory review and submit a midterm report to Congress as to the status of

implementation of the K to 12 program in terms of closing the following current shortages: (a)

teachers; (b) classrooms; (c) textbooks; (d) seats; (e) toilets; and (f) other shortages that should

be addressed.

The DepED shall include among others, in this midterm report, the following key metrics of

access to and quality of basic education: (a) participation rate; (b) retention rate; (c) National
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Achievement Test results; (d) completion rate; (e) teachers welfare and training profiles; (f)

adequacy of funding requirements; and (g) other learning facilities including, but not limited to,

computer and science laboratories, libraries and library hubs, and sports, music and arts.

SEC. 15. Commitment to International Benchmarks. The DepED shall endeavor to increase

the per capita spending on education towards the immediate attainment of internationalbenchmarks.

SEC. 16. Implementing Rules and Regulations. Within ninety (90) days after the effectivity of

this Act, the DepED Secretary, the CHED Chairperson and the TESDA Director-General shall

promulgate therules and regulations needed for the implementationof this Act.

SEC. 17. Separability Clause. If any provision of this Act is held invalid or unconstitutional, the

same shall not affect the validity and effectivity of the other provisions hereof.

SEC. 18. Repealing Clause. Pertinent provisions of Batas Pambansa Blg. 232 or the Education

Act of 1982,Republic Act No. 9155or the Governance of Basic Education.

Act of 2001, Republic Act No. 9258, Republic Act No. 7836, and all other laws, decrees,

executive orders and rules and regulations contrary to or inconsistent with the provisions of

this Act are hereby repealed or modified accordingly.

SEC. 19. Effectivity Clause. This Act shall take effect fifteen (15) days after its publication in

the Official Gazette or in two (2) newspapers of general circulation.

Approved,

(Sgd.) FELICIANO BELMONTE JR.

Speaker of the House

of Representatives

(Sgd.) JUAN PONCE ENRILE

President of the Senate

This Act which is a consolidation of Senate Bill No. 3286 and House Bill No. 6643 was finally

passed by the Senate and the House of Representatives on January 30, 2013.

(Sgd.) MARILYN BARUA-YAP

Secretary General

House of Representatives

(Sgd.) EDWIN B. BELEN

Acting Senate Secretary

Approved: MAY 15 2013

(Sgd.) BENIGNO S. AQUINO III

President of the Philippine
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IMPLEMENTING RULES AND REGULATIONS

OF THE ENHANCED BASIC EDUCATION ACT OF 2013

(REPUBLIC ACT NO. 10533)

Pursuant to Section 16 of Republic Act No. 10533, entitled An Act Enhancing the Philippine

Basic Education System by Strengthening Its Curriculum and Increasing the Number of Years for

Basic Education, Appropriating Funds Therefor and for Other Purposes,otherwise known as the

Enhanced Basic Education Act of 2013,approved on May 15, 2013, and which took effect on

June 8, 2013, the Department of Education (DepEd), the Commission on Higher Education

(CHED), and the Technical Education and Skills Development Authority (TESDA), hereby issue

the following rules and regulations to implement the provisions of the Act.

RULE I. GENERAL PROVISIONS

Section 1. Title.These rules and regulations shall be referred to as the Implementing Rules and

Regulations (IRR) of the Enhanced Basic Education Act of 2013 (Republic Act No. 10533).

Section 2. Scope and Application.The provisions of this IRR shall primarily apply to all public

and private basic educational institutions and learning centers. This IRR shall also apply to

Higher Education Institutions (HEIs), Technical-Vocational Institutions (TVIs), duly recognized

organizations acting as Teacher Education Institutions (TEIs), and foundations.

Section 3. Declaration of Policy.This IRR shall be interpreted in light of the Declaration of Policyfound in Section 2 of the Act.

Section 4. Definition of Terms.For purposes of this IRR, the following terms shall mean or be

understood as follows:

(a)Act refers to Republic Act No. 10533, entitled An Act Enhancing the Philippine Basic

Education System by Strengthening Its Curriculum and Increasing the Number of Years for Basic

Education, Appropriating Funds Therefor and for Other Purposes, otherwise known as the

Enhanced Basic Education Act of 2013.

(b) Learning Center refers to a physical space to house learning resources and facilities of alearning program for out-of-school youth and adults. It is a venue for face-to-face learning

activities and other learning opportunities for community development and improvement of

the peoples quality of life. This may also be referred to as Community Learning Center

authorized or recognized by the DepEd.

(c) Learnerrefers to a pupil or student, or to a learner in the alternative learning system.


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(d) Mother Language or First Language (L1)refers to the language or languages first learned by

a child, which he/she identifies with, is identified as a native language user of by others, which

he/she knows best, or uses most. This includes Filipino sign language used by individuals with

pertinent disabilities.The regional or native language refers to the traditional speech variety or

variety of Filipino sign language existing in a region, area or place.

(e) Non-DepEd Public School refers to a public school offering basic education operated by an

agency of the national government other than the DepEd, or by a local government unit.

Section 5. Basic Education. Pursuant to Section 3 of the Act, basic education is intended to

meet basic learning needs which provides the foundation on which subsequent learning can be

based. It encompasses kindergarten, elementary, and secondary education as well as

alternative learning systems for out-of-school learners and those with special needs under

Section 8 of this IRR.

Section 6. Enhanced Basic Education Program.For purposes of this IRR and pursuant to Section

4 of the Act, the enhanced basic education program encompasses at least one (1) year of

kindergarten education, six (6) years of elementary education, and six (6) years of secondary

education, in that sequence. Secondary education includes four (4) years of junior high school

and two (2) years of senior high school education. The enhanced basic education program may

likewise be delivered through the alternative learning system.

Kindergarten Educationis the first stage of compulsory and mandatory formal education which

consists of one (1) year of preparatory education for children at least five (5) years old as a

prerequisite for Grade 1.

Elementary Education refers to the second stage of compulsory basic education which iscomposed of six (6) years. The entrant age to this level is typically six (6) years old.

Secondary Educationrefers to the third stage of compulsory basic education. It consists of four

(4) years of junior high school education and two (2) years of senior high school education. The

entrant age to the junior and senior high school levels are typically twelve (12) and sixteen (16)

years old, respectively.

The DepEd may allow private educational institutions flexibility in adopting the program

provided that they comply with the DepEd-prescribed minimum standards consistent with the

Act.

Section 7. Compulsory Basic Education. It shall be compulsory for every parent or guardian or

other persons having custody of a child to enroll such child in basic education, irrespective of

learning delivery modes and systems, until its completion, as provided for by existing laws, rules

and regulations.


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Section 8. Inclusiveness of Enhanced Basic Education. In furtherance of Section 3 of the Act,

inclusiveness of enhanced basic education shall mean the implementation of programs

designed to address the physical, intellectual, psychosocial, and cultural needs of learners,

which shall include, but shall not be limited to, the following:

8.1.Programs for the Gifted and Talented. These shall refer to comprehensive programs forthe gifted and talented learners in all levels of basic education.

8.2.Programs for Learners with Disabilities.These shall refer to the comprehensive programs

designed for learners with disabilities which may be home-, school-, center- or community-

based.

8.3. Madrasah Program. This shall refer to the comprehensive program using the Madrasah

curriculum prescribed by the DepEd, in coordination with the Commission on Muslim Filipinos,

for Muslim learners in public and private schools.

8.4.Indigenous Peoples (IP) Education Program. This shall refer to the program that supports

education initiatives undertaken through formal, non-formal, and informal modalities with

emphasis on any of, but not limited to, the key areas of: Indigenous Knowledge Systems and

Practices and community history; indigenous languages; Indigenous Learning System (ILS) and

community life cycle-based curriculum and assessment; educational goals, aspirations, and

competencies specific to the Indigenous Cultural Community (ICC); engagement of elders and

other community members in the teaching-learning process, assessment, and management of

the initiative, recognition and continuing practice of the communitys ILS; and the rights and

responsibilities of ICCs.

8.5. Programs for Learners under Difficult Circumstances. This shall refer to the timely andresponsive programs for learners under difficult circumstances, such as, but not limited to:

geographic isolation; chronic illness; displacement due to armed conflict, urban resettlement,

or disasters; child abuse and child labor practices.

Section 9. Acceleration. Acceleration of learners in public and private basic educational

institutions shall be allowed, consistent with DepEd rules and regulations.

RULE II. CURRICULUM

Section 10. Basic Education Curriculum Development. In the development of the Basic

Education Curriculum, the DepEd shall be guided by the following:

10.1. Formulation and Design.Pursuant to Section 5 of the Act, the DepEd shall formulate the

design and details of the enhanced basic education curriculum. The DepEd shall work with the

CHED and TESDA to craft harmonized basic, tertiary, and technical-vocational education

curricula for Filipino graduates to be locally and globally competitive.


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10.2. Standards and Principles. The DepEd shall adhere to the following standards and

principles, when appropriate, in developing the enhanced basic education curriculum:

(a) The curriculum shall be learner-centered, inclusive and developmentally appropriate;

(b) The curriculum shall be relevant, responsive and research-based;

(c) The curriculum shall be gender- and culture-sensitive;

(d) The curriculum shall be contextualized and global;

(e) The curriculum shall use pedagogical approaches that are constructivist, inquiry-based,

reflective, collaborative and integrative;

(f) The curriculum shall adhere to the principles and framework of Mother Tongue-Based

Multilingual Education (MTB-MLE) which starts from where the learners are and from what

they already

(g) The curriculum shall use the spiral progression approach to ensure mastery of knowledge

and skills after each level; and

(h) The curriculum shall be flexible enough to enable and allow schools to localize, indigenize

and enhance the same based on their respective educational and social contexts.

10.3. Production and Development of Materials.The production and development of locally

produced teaching and learning materials shall be encouraged. The approval of these materials

shall be devolved to the regional and division education unit in accordance with nationalpolicies and standards.

10.4. Medium of Teaching and Learning. Pursuant to Sections 4 and 5 of the Act, basic

education shall be delivered in languages understood by the learners as language plays a

strategic role in shaping the formative years of learners.

The curriculum shall develop proficiency in Filipino and English, provided that the first and

dominant language of the learners shall serve as the fundamental language of education. For

Kindergarten and the first three years of elementary education, instruction, teaching materials,

and assessment shall be in the regional or native language of the learners. The DepEd shall

formulate a mother language transition program from the mother/first language to thesubsequent languages of the curriculum that is appropriate to the language capacity and needs

of learners from Grade 4 to Grade 6. Filipino and English shall be gradually introduced as

languages of instruction until such time when these two (2) languages can become the primary

languages of instruction at the secondary level.


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10.5. Stakeholder Participation. To achieve an enhanced and responsive basic education

curriculum, the DepEd shall undertake consultations with other national government agencies

and other stakeholders including, but not limited to, the Department of Labor and Employment

(DOLE), the Professional Regulation Commission (PRC), private and public schools associations,

national student organizations, national teacher organizations, parents-teachers associations,

chambers of commerce and other industry associations, on matters affecting the concernedstakeholders.

Section 11. Curriculum Consultative Committee.Pursuant to Section 6 of the Act, a Curriculum

Consultative Committee shall be created, to be chaired by the DepEd Secretary or his/her duly

authorized representative, and with members composed of, but not limited to, a representative

each from the CHED, TESDA, DOLE, PRC, the Department of Science and Technology (DOST),

and a representative from business chambers such as the Information Technology Business

Process Outsourcing (IT-BPO) industry association. The Consultative Committee shall oversee

the review and evaluation of the implementation of the enhanced basic education curriculum

and may recommend to the DepEd the formulation of necessary refinements in the curriculum.

RULE III. TEACHER QUALIFICATIONS, TRAINING AND CONTINUING PROFESSIONAL DEVELOPMENT

Section 12. Teacher Education and Training. To ensure that the enhanced basic education

program meets the demand for quality teachers and school leaders, the DepEd, CHED, and

TESDA shall conduct teacher education and training programs, in collaboration with relevant

partners in government, academe, industry, and non-governmental organizations. Such

professional development programs shall be initiated, conducted and evaluated regularly

throughout the year to ensure constant upgrading of teacher skills. Teacher education and

training programs shall include, but shall not be limited to:

12.1. In-service Training on Content and Pedagogy.DepEd teachers who will implement the

enhanced basic education curriculum but have not undergone pre-service education that is

aligned with the enhanced basic education curriculum shall be trained to meet the content and

performance standards of the enhanced basic education curriculum.

The DepEd shall ensure that private educational institutions shall be given the opportunity to

avail of such training.

12.2. Training of New Teachers. New graduates of the Teacher Education curriculum not

aligned with the enhanced basic education curriculum shall undergo additional training, upon

hiring, to upgrade their competencies and skills to the content and performance standards of

the new curriculum. Furthermore, the CHED, in coordination with the DepEd and relevant

stakeholders, shall ensure that the Teacher Education curriculum offered in these TEIs will meet

the necessary quality standards for new teachers. Duly recognized organizations acting as TEIs,

in coordination with the DepEd, CHED, and other relevant stakeholders, shall ensure that the

curriculum of these organizations meets the necessary quality standards for trained teachers.


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For purposes of this subparagraph, the term duly recognized organizations acting as TEIs

refers to organizations, other than schools or HEIs, contracted out by the DepEd during the

transition and for a fixed period, to provide teacher training for purposes of retooling the

graduates of the Teacher Education curriculum, and only in such areas where there is a

shortage of trained teachers.

12.3. Training of School Leadership.Superintendents, principals, subject area coordinators, and

other instructional school leaders shall likewise undergo workshops and training to enhance

their skills on their roles as academic, administrative, and community leaders.

12.4. Training of Alternative Learning System (ALS) Coordinators, Instructional Managers,

Mobile Teachers, and Learning Facilitators.ALS coordinators, instructional managers, mobile

teachers, and learning facilitators shall likewise undergo workshops and training to enhance

their skills on their roles as academic, administrative, and community leaders.

Section 13. Hiring of Other Teachers. Notwithstanding the provisions of Sections 26, 27 and 28

of Republic Act No. 7836, otherwise known as the Philippine Teachers Professionalization Act

of 1994,the DepEd and private educational institutions shall hire, as may be relevant to the

particular subject:

13.1. Graduates of science, mathematics, statistics, engineering, music and other degree

courses needed to teach in their specialized subjects in elementary and secondary education

with shortages in qualified applicants who have passed the Licensure Examination for Teachers

(LET). They shall also include graduates admitted by foundations duly recognized for their

expertise in the education sector and who satisfactorily complete the requirements set by

these organizations; Provided, That they pass the LET within five (5) years after their date of

hiring; Provided, further, That if such graduates are willing to teach in basic education on part-time basis, the provisions of LET shall no longer be required.

The term foundations,as used in this section, refers to non-stock, non-profit organizations,

which are not operating as educational institutions, contracted out by the DepEd for a fixed

period, to provide volunteers to teach in basic education in areas where there is a shortage of

qualified teachers. The DepEd shall issue the guidelines and procedures for selection and

eligibility of these organizations.

13.2. Graduates of technical-vocational courses to teach in their specialized subjects in the

secondary education; Provided,That these graduates possess the necessary certification issued

by TESDA; Provided, further, That they undergo appropriate in-service training to be

administered by the DepEd or HEIs at the expense of the DepEd. The DepEd shall provide

administrative support to private educational institutions for the in-service training of their

teachers on the enhanced basic education curriculum.


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13.3. Faculty of HEIs to teach in their general education or subject specialties in secondary

education; Provided, That the faculty must be a holder of a relevant Bachelors degree, and

must have satisfactorily served as a full-time HEI faculty;

13.4.The DepEd and private educational institutions may hire practitioners, with expertise in

the specialized learning areas offered by the enhanced basic education curriculum, to teach inthe secondary level: Provided,That they teach on part-time basis only. For this purpose, the

DepEd, in coordination with the appropriate government agencies, shall determine the

necessary qualification standards in hiring these experts.

RULE IV. PRIVATE EDUCATIONAL INSTITUTIONS

Section 14. Reasonable Supervision and Regulation. As a matter of policy laid down in Article

XIV, Section 5(1) of the 1987 Philippine Constitution, 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.

Section 15. Issuance and Revocation of Permits and/or Recognition of Private Senior High

Schools. The DepEd shall regulate the offering of senior high school in private educational

institutions. Private educational institutions may only offer senior high school when so

authorized by the DepEd. The DepEd shall prescribe the guidelines on the issuance and

revocation of permits and/or recognition of senior high schools.

Section 16.Specializations in Private Senior High School.Private educational institutions may

offer specializations in senior high school that are essential to the economic and social

development of the nation, region or locality. Local planning in the development of educational

policies and programs shall be encouraged consistent with the State policy to take into accountregional and sectoral needs and conditions.

RULE V. CAREER GUIDANCE AND COUNSELING ADVOCACY

Section 17.Career Guidance and Counseling Programs.Consistent with Section 9 of the Act, to

properly guide the students towards becoming productive and contributing individuals through

informed career choices, the DepEd, in coordination with the DOLE, TESDA, CHED, PRC, NYC,

industry associations, professional associations, and other relevant stakeholders, shall pursue

programs that expose students to the world and value of work, and develop the capability of

career counselors and advocates to guide the students and equip them with the necessary life

skills and values.

Section 18. Career Advocacy Activities.Career advocacy activities refer to activities that will

guide secondary level students in choosing the career tracks that they intend to pursue. Career

advocacy activities involve provision of career information and experiences, advising,

coordinating and making referrals, and may include, but are not limited to, career talks, career

and job fairs, parents orientations, and seminar-workshops on career decision-making.


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Section 19.Career Advocates. Notwithstanding the provisions of Section 27 of Republic Act No.

9258, otherwise known as the Guidance and Counseling Act of 2004,career advocates shall

be allowed to conduct career advocacy activities for secondary-level students of the schools

where they are currently employed; Provided, That they undergo appropriate capacity building

programs developed and implemented by the DepEd, in coordination with the DOLE, TESDA,

CHED, PRC, NYC, student organizations, industry associations, guidance and counselingassociations, professional associations, and other relevant stakeholders.

Career advocacy may be conducted by career advocates and peer facilitators. Consistent with

Section 9 of the Act, career advocates refer to career and employment guidance counselors

who are not registered and licensed guidance counselors. Career advocates include homeroom

advisers and teachers of all learning areas who will implement career advocacy activities. Peer

facilitators are secondary-level students trained to assist career advocates in implementing

career advocacy activities.

Section 20. Role of the DepEd.The DepEd shall:

(a) Integrate career concepts in the curriculum and undertake teaching in relevant learning

areas;

(b) Conduct career assessments;

(c) Conduct regular career advocacy activities;

(d) Conduct continuous professionalization and capacity building of guidance counselors, career

advocates, and peer facilitators;

(e) Develop or accredit training programs on career advocacy;

(f) Establish a career advocacy unit and provide adequate office space in high schools; and

(g) Designate guidance supervisors at the division level and career advocates at the school level.

RULE VI. E-GASTPE BENEFICIARIES AND OTHER FINANCING ARRANGEMENTS WITH PRIVATE

EDUCATIONAL INSTITUTIONS AND NON-DEPED PUBLIC SCHOOLS

Section 21.Expansion of E-GASTPEBeneficiaries.Pursuant to Section 10 of the Act, the DepEd

shall develop programs of assistance that will extend the benefits accorded byRepublic Act No.8545,or the Expanded Government Assistance for Students and Teachers in Private Education

Act,to qualified students enrolled in senior high school.

Section 22. Criteria for Assistance to Qualified Students. The programs of assistance shall be

made available primarily to students who completed junior high school in public schools, taking

into account the income background and financial needs of students, available capacities of
http://www.gov.ph/1998/02/24/republic-act-no-8545/http://www.gov.ph/1998/02/24/republic-act-no-8545/http://www.gov.ph/1998/02/24/republic-act-no-8545/http://www.gov.ph/1998/02/24/republic-act-no-8545/http://www.gov.ph/1998/02/24/republic-act-no-8545/http://www.gov.ph/1998/02/24/republic-act-no-8545/


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public, private and non-DepEd public schools in the locality, socio-economic needs of regions,

overall performance of private and non-DepEd public schools, as well as geographic spread and

size of the student population.

The programs of assistance may also be made available to students who completed junior high

school in private educational institutions, whether these students are E-GASTPE beneficiaries ornot, subject to compliance with the qualifications and guidelines to be determined by the

DepEd.

Section 23. Forms and Amount of Assistance. The forms of assistance that may be provided by

the DepEd may include any of the following:

(a) A voucher system, where government issues a coupon directly to students to enable them

to enroll in eligible private educational institutions or non-DepEd public schools of their choice

under a full or partial tuition or schooling subsidy;

(b) Education Service Contracting (ESC), where the government enters into contracts with

private educational institutions or non-DepEd public schools to shoulder the tuition and other

fees of high school students who shall enroll in private high schools under this program;

(c) Management contracts, where government enters into contractual arrangements with

private educational institutions or non-DepEd public schools to manage the day-to-day

operations of public schools under agreed performance targets;

(d) Forms of assistance provided under Republic Act No. 8545; and

(e) Other forms of financial arrangements consistent with the principles of public-privatepartnership.

The DepEd shall take into account the ability of program beneficiaries to cover tuition

differentials, if any, in setting the amount of the voucher, ESC, or other forms of assistance. The

amount of assistance to be given by the government shall not exceed the determined per

student cost in public schools.

Section 24. Participating Schools. Private educational institutions, non-DepEd public schools,

and other potential providers of basic learning needs that may be authorized to offer senior

high school are eligible to participate in programs of assistance, as may be applicable, under the

E-GASTPE program and other financial arrangements formulated by the DepEd and DBM based

on the principles of public-private partnership. The continued participation of said providers in

the E-GASTPE program and other financial arrangements is subject to their meeting minimum

requirements and standards, including student performance, as determined by the DepEd.


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To promote partnership and greater cooperation between public and private educational

institutions, government will take into account existing and potential capacities of private

educational institutions in expanding public school capacity.

Section 25. Implementation Mechanisms.The DepEd may enter into contractual arrangements

or establish new mechanisms for the design, administration, and supervision of programs ofassistance or aspects thereof, subject to the approval of the appropriate government agencies.

For this purpose, the DepEd shall:

(a) Issue the appropriate guidelines for the implementation of the programs of assistance;

(b) Ensure transparency and accountability in the implementation of the programs of

assistance;

(c) Implement information and advocacy programs to inform the general public and ensure

greater participation and availment of the programs of assistance; and

(d) Undertake periodic reviews of the program features and make adjustments, as necessary, to

ensure the successful, effective and sustainable implementation of the program. The program

features shall include, among others, amount of subsidy, number of grantees, eligibility

requirements, and performance of participating schools.

Section 26. Funding Requirement. The budgetary requirement of the programs under this Rule

shall be ensured by the national government.

The DepEd shall encourage private and corporate donors to support the programs of assistance

in this section under the framework of Republic Act No. 8525, entitled, An Act Establishing AnAdopt-A-School Program, Providing Incentives Therefor, And For Other Purposes,and other

relevant laws and policies.

Section 27. Timeframe. The DepEd shall implement the programs provided in this Rule no later

than the start of School Year 2016-2017.

Section 28. Additional Beneficiaries. The DepEd may develop similar programs of assistance for

kindergarten and elementary pupils and alternative learning system learners in accordance with

specific objectives, taking into account the need and capacities of public and private

educational institutions.

RULE VII. TRANSITORY PROVISIONS

Section 29. Private Basic Educational Institutions Transition to the Enhanced Basic Education

Program.The DepEd shall ensure the smooth transition of private elementary and high schools

in the country that are not aligned with the enhanced basic education program. Private

educational institutions or a group thereof shall develop their plans detailing how to transition


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from their current basic education system to the enhanced basic education program. The

DepEd shall provide the appropriate guidelines on the evaluation of the transition plans.

Private educational institutions offering twelve (12) to thirteen (13) years of basic education

prior to the enactment of this Act shall submit to the DepEd their transition plans within twelve

(12) months from the effectivity of this IRR, subject to the guidelines that will be issued by theDepEd.

Section 30. Implementation Mechanisms and Strategies.Pursuant to Section 12 of the Act, the

DepEd, CHED and TESDA shall formulate the appropriate strategies and mechanisms needed to

ensure smooth transition from the existing ten (10) years basic education cycle to the enhanced

basic education program. The strategies may cover, among others, changes in physical

infrastructure, human resource, organizational and structural concerns, bridging models linking

secondary education competencies and the entry requirements of new tertiary curricula, and

partnerships between the government and other entities. Modeling for Senior High School

(SHS) may be implemented in selected schools to simulate the transition process and provide

concrete data for the transition plan following the guidelines set by the DepEd. The results of

the SHS modeling program may be considered in the nationwide implementation of the SHS

program in School Year 2016-2017.

30.1. Partnerships with HEIs and TVIs.To manage the initial implementation of the enhanced

basic education program and mitigate the expected multi-year low enrolment turnout for HEIs

and TVIs starting School Year 2016-2017, the DepEd shall engage in partnerships with HEIs and

TVIs for the utilization of the latters human and physical resources, and issue relevant

guidelines on such partnerships. Moreover, the DepEd, CHED, TESDA, TVIs and HEIs shall

coordinate closely with one another to implement strategies that ensure the academic,

physical, financial, and human resource capabilities of HEIs and TVIs to provide educational andtraining services for graduates of the enhanced basic education program to ensure that they

are not adversely affected. The faculty of HEIs and TVIs allowed to teach students of secondary

education under Section 8 of the Act, shall be given priority in hiring for the duration of the

transition period.

30.2. Financing Framework for State Universities and Colleges During the Transition Period.

The CHED and DBM shall review the financing policy framework for State Universities and

Colleges in light of the Act with the end in view of optimizing the use of government resources

for education, the results of which shall be covered by a joint administrative issuance.

30.3. Effects of Initial Implementation of the Enhanced Basic Education Program on Industry

Human Resource Requirements.The DOLE, CHED, DepEd, TESDA and PRC, in coordination with

industry associations and chambers of commerce, shall develop a contingency plan, not later

than the start of School Year 2015-2016, to mitigate the effects of the enhanced basic

education program with respect to a potential reduction or absence of college graduates to

meet the human resource requirements of industry. The plan shall contain mitigation strategies


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for industries to adjust their employment policies as deemed necessary and expedient, and may

include the adoption of other relevant programs or appropriate qualifications.

Section 31. Labor and Management Rights. In the implementation of the Act, including the

transition period, the rights of labor as provided in the Constitution, the Civil Service Rules and

Regulations, Labor Code of the Philippines, and existing collective agreements, as well as theprerogatives of management, shall be respected. The DOLE, DepEd, CHED and TESDA shall

promulgate the appropriate joint administrative issuance, within sixty (60) days from the

effectivity of this IRR, to ensure the sustainability of the private and public educational

institutions, and the promotion and protection of the rights, interests and welfare of teaching

and non-teaching personnel.

For this purpose, the DOLE shall convene a technical panel with representatives from the

DepEd, CHED, TESDA and representatives from both teaching and non-teaching personnel

organizations, and administrators of the educational institutions.

Section 32. Transition Period. The transition period shall be reckoned from the date of the

approval of this IRR until the end of School Year 2021-2022.

RULE VIII. JOINT CONGRESSIONAL OVERSIGHT COMMITTEE

Section 33. Joint Congressional Oversight Committee on the Enhanced Basic Education

Program. The Joint Congressional Oversight Committee created under Section 13 of the Act

shall be composed of five (5) members each from the Senate and from the House, including

Chairs of the Committees on Education, Arts and Culture, and Finance of both Houses. The

membership of the Committee for every House shall have at least two (2) opposition or

minority members.

RULE IX. MANDATORY EVALUATION AND REVIEW

Section 34. Mandatory Evaluation and Review. By the end of School Year 2014-2015, the

DepEd shall conduct a mandatory review and submit a midterm report to Congress as to the

status of implementation of the Enhanced Basic Education Program in terms of closing the

following current shortages: (a) teachers; (b) classrooms; (c) textbooks; (d) seats; (e) toilets; (f)

other shortages that should be addressed.

The DepEd shall include among others, in this midterm report, the following key metrics of

access to and quality of basic education: (a) participation rate; (b) retention rate; (c) NationalAchievement Test results; (d) completion rate; (e) teachers welfare and training profiles; (f)

adequacy of funding requirements; and (g) other learning facilities including, but not limited to,

computer and science laboratories, libraries and library hubs; and sports, music and arts.

RULE X. COMMITMENT TO INTERNATIONAL BENCHMARKS


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Section 35. Commitment to International Benchmarks.The DepEd shall endeavor to increase

the per capita spending on education towards the immediate attainment of international

benchmarks. Towards this end, the DepEd shall seek to:

a) engage local government units to efficiently use the special education fund and other funds

to advance and promote basic education;

b) implement programs that will enhance private sector participation and partnership in basic

education; and

c) propose an annual budget allocation in accordance with these goals. The DepEd shall further

develop a multi-year spending plan to ensure that the UNESCO-prescribed standards on

education spending are attained.

RULE XI. FINAL PROVISIONS

Section 36. Appropriations. Pursuant to Section 11 of the Act, the initial funding for the

operationalization of the Enhanced Basic Education Program shall be charged against the

current appropriations of the DepEd. Thereafter, such sums which shall be necessary for the

continued implementation of the enhanced basic education program shall be included in the

annual General Appropriations Act.

Section 37. Implementing Details.The DepEd, CHED and TESDA may issue such policies and

guidelines as may be necessary to further implement this IRR.

Section 38. Amendment. Amendments to this IRR shall be jointly promulgated by the DepEd

Secretary, CHED Chairperson, and TESDA Director-General.

Section 39. Separability Clause. Should any provision of this IRR be subsequently declared

invalid or unconstitutional, the same shall not affect the validity and effectivity of the other

provisions.

Section 40. Repealing Clause. Pursuant to Section 18 of the Act, rules and regulations

implementing the pertinent provisions of Batas Pambansa Bilang 232or the Education Act of

1982,Republic Act No. 9155or the Governance of Basic Education Act of 2001,Republic Act

No. 9258, Republic Act No. 7836, and all other laws, decrees, executive orders and rules and

regulations, contrary to or inconsistent with the provisions of the Act are deemed repealed or

modified accordingly.

Section 41. Effectivity Clause.This IRR shall take effect fifteen (15) days after its publication in

the Official Gazette or in two (2) newspapers of general circulation.

This IRR shall be registered with the Office of the National Administrative Register at the

University of the Philippines Law Center, UP Diliman, Quezon City.


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Done this 4th

day of September 2013.

(Sgd.)BR. ARMIN A. LUISTRO FSC (Sgd.)DR. PATRICIA B. LICUANAN

Secretary Chairperson

Department of Education Commission on Higher Education

(Sgd.)SEC. EMMANUEL JOEL J. VILLANUEVA

Director General

Technical Education and Skills Development Authority


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Republic of the Philippines

Congress of the Philippines

Metro Manila

Twelfth Congress

Third Regular Session

Begun and held in Metro Manila, on Monday, the twenty-second day of July, two thousand

three.

Republic Act No. 9262 March 08, 2004

AN ACT DEFINING VIOLENCE AGAINST WOMEN AND THEIR CHILDREN, PROVIDING FOR

PROTECTIVE MEASURES FOR VICTIMS, PRESCRIBING PENALTIES THEREFORE, AND FOR OTHER

PURPOSES

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

assembled:

SECTION 1.Short Title.- This Act shall be known as the "Anti-Violence Against Women and Their

Children Act of 2004".

SECTION 2.Declaration of Policy.- It is hereby declared that the State values the dignity of

women and children and guarantees full respect for human rights. The State also recognizes the

need to protect the family and its members particularly women and children, from violence andthreats to their personal safety and security.

Towards this end, the State shall exert efforts to address violence committed against women

and children in keeping with the fundamental freedoms guaranteed under the Constitution and

the Provisions of the Universal Declaration of Human Rights, the convention on the Elimination

of all forms of discrimination Against Women, Convention on the Rights of the Child and other

international human rights instruments of which the Philippines is a party.

SECTION 3.Definition of Terms.- As used in this Act,

(a) "Violence against women and their children" refers to any act or a series of actscommitted by any person against a woman who is his wife, former wife, or against a

woman with whom the person has or had a sexual or dating relationship, or with whom

he has a common child, or against her child whether legitimate or illegitimate, within or

without the family abode, which result in or is likely to result in physical, sexual,

psychological harm or suffering, or economic abuse including threats of such acts,


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battery, assault, coercion, harassment or arbitrary deprivation of liberty. It includes, but

is not limited to, the following acts:

A. "Physical Violence" refers to acts that include bodily or physical harm;

B. "Sexual violence" refers to an act which is sexual in nature, committed againsta woman or her child. It includes, but is not limited to:

a) rape, sexual harassment, acts of lasciviousness, treating a woman or

her child as a sex object, making demeaning and sexually suggestive

remarks, physically attacking the sexual parts of the victim's body, forcing

her/him to watch obscene publications and indecent shows or forcing the

woman or her child to do indecent acts and/or make films thereof,

forcing the wife and mistress/lover to live in the conjugal home or sleep

together in the same room with the abuser;

b) acts causing or attempting to cause the victim to engage in any sexual

activity by force, threat of force, physical or other harm or threat of

physical or other harm or coercion;

c) Prostituting the woman or child.

C. "Psychological violence" refers to acts or omissions causing or likely to cause

mental or emotional suffering of the victim such as but not limited to

intimidation, harassment, stalking, damage to property, public ridicule or

humiliation, repeated verbal abuse and mental infidelity. It includes causing or

allowing the victim to witness the physical, sexual or psychological abuse of amember of the family to which the victim belongs, or to witness pornography in

any form or to witness abusive injury to pets or to unlawful or unwanted

deprivation of the right to custody and/or visitation of common children.

D. "Economic abuse" refers to acts that make or attempt to make a woman

financially dependent which includes, but is not limited to the following:

1. withdrawal of financial support or preventing the victim from engaging

in any legitimate profession, occupation, business or activity, except in

cases wherein the other spouse/partner objects on valid, serious and

moral grounds as defined in Article 73 of the Family Code;

2. deprivation or threat of deprivation of financial resources and the right

to the use and enjoyment of the conjugal, community or property owned

in common;

3. destroying household property;


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4. controlling the victims' own money or properties or solely controlling

the conjugal money or properties.

(b) "Battery" refers to an act of inflicting physical harm upon the woman or her child

resulting to the physical and psychological or emotional distress.

(c) "Battered Woman Syndrome" refers to a scientifically defined pattern of

psychological and behavioral symptoms found in women living in battering relationships

as a result of cumulative abuse.

(d) "Stalking" refers to an intentional act committed by a person who, knowingly and

without lawful justification follows the woman or her child or places the woman or her

child under surveillance directly or indirectly or a combination thereof.

(e) "Dating relationship" refers to a situation wherein the parties live as husband and

wife without the benefit of marriage or are romantically involved over time and on a

continuing basis during the course of the relationship. A casual acquaintance or ordinary

socialization between two individuals in a business or social context is not a dating

relationship.

(f) "Sexual relations" refers to a single sexual act which may or may not result in the

bearing of a common child.

(g) "Safe place or shelter" refers to any home or institution maintained or managed by

the Department of Social Welfare and Development (DSWD) or by any other agency or

voluntary organization accredited by the DSWD for the purposes of this Act or any other

suitable place the resident of which is willing temporarily to receive the victim.

(h) "Children" refers to those below eighteen (18) years of age or older but are incapable

of taking care of themselves as defined under Republic Act No. 7610. As used in this Act,

it includes the biological children of the victim and other children under her care.

SECTION 4.Construction.- This Act shall be liberally construed to promote the protection and

safety of victims of violence against women and their children.

SECTION 5.Acts of Violence Against Women and Their Children.- The crime of violence against

women and their children is committed through any of the following acts:

(a) Causing physical harm to the woman or her child;

(b) Threatening to cause the woman or her child physical harm;

(c) Attempting to cause the woman or her child physical harm;


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(d) Placing the woman or her child in fear of imminent physical harm;

(e) Attempting to compel or compelling the woman or her child to engage in conduct

which the woman or her child has the right to desist from or desist from conduct which

the woman or her child has the right to engage in, or attempting to restrict or restricting

the woman's or her child's freedom of movement or conduct by force or threat of force,physical or other harm or threat of physical or other harm, or intimidation directed

against the woman or child. This shall include, but not limited to, the following acts

committed with the purpose or effect of controlling or restricting the woman's or her

child's movement or conduct:

(1) Threatening to deprive or actually depriving the woman or her child of

custody to her/his family;

(2) Depriving or threatening to deprive the woman or her children of financial

support legally due her or her family, or deliberately providing the woman's

children insufficient financial support;

(3) Depriving or threatening to deprive the woman or her child of a legal right;

(4) Preventing the woman in engaging in any legitimate profession, occupation,

business or activity or controlling the victim's own mon4ey or properties, or

solely controlling the conjugal or common money, or properties;

(f) Inflicting or threatening to inflict physical harm on oneself for the purpose of

controlling her actions or decisions;

(g) Causing or attempting to cause the woman or her child to engage in any sexual

activity which does not constitute rape, by force or threat of force, physical harm, or

through intimidation directed against the woman or her child or her/his immediate

family;

(h) Engaging in purposeful, knowing, or reckless conduct, personally or through another,

that alarms or causes substantial emotional or psychological distress to the woman or

her child. This shall include, but not be limited to, the following acts:

(1) Stalking or following the woman or her child in public or private places;

(2) Peering in the window or lingering outside the residence of the woman or her

child;

(3) Entering or remaining in the dwelling or on the property of the woman or her

child against her/his will;


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(4) Destroying the property and personal belongings or inflicting harm to animals

or pets of the woman or her child; and

(5) Engaging in any form of harassment or violence;

(i) Causing mental or emotional anguish, public ridicule or humiliation to the woman orher child, including, but not limited to, repeated verbal and emotional abuse, and denial

of financial support or custody of minor children of access to the woman's

child/children.

SECTION 6.Penalties.- The crime of violence against women and their children, under Section 5

hereof shall be punished according to the following rules:

(a) Acts falling under Section 5(a) constituting attempted, frustrated or consummated

parricide or murder or homicide shall be punished in accordance with the provisions of

the Revised Penal Code.

If these acts resulted in mutilation, it shall be punishable in accordance with the Revised

Penal Code; those constituting serious physical injuries shall have the penalty of prison

mayor; those constituting less serious physical injuries shall be punished by prision

correccional; and those constituting slight physical injuries shall be punished by arresto

mayor.

Acts falling under Section 5(b) shall be punished by imprisonment of two degrees lower

than the prescribed penalty for the consummated crime as specified in the preceding

paragraph but shall in no case be lower than arresto mayor.

(b) Acts falling under Section 5(c) and 5(d) shall be punished by arresto mayor;

(c) Acts falling under Section 5(e) shall be punished by prision correccional;

(d) Acts falling under Section 5(f) shall be punished by arresto mayor;

(e) Acts falling under Section 5(g) shall be punished by prision mayor;

(f) Acts falling under Section 5(h) and Section 5(i) shall be punished by prision mayor.

If the acts are committed while the woman or child is pregnant or committed in thepresence of her child, the penalty to be applied shall be the maximum period of penalty

prescribed in the section.

In addition to imprisonment, the perpetrator shall (a) pay a fine in the amount of not

less than One hundred thousand pesos (P100,000.00) but not more than three hundred


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thousand pesos (300,000.00); (b) undergo mandatory psychological counseling or

psychiatric treatment and shall report compliance to the court.

SECTION 7.Venue.- The Regional Trial Court designated as a Family Court shall have original

and exclusive jurisdiction over cases of violence against women and their children under this

law. In the absence of such court in the place where the offense was committed, the case shallbe filed in the Regional Trial Court where the crime or any of its elements was committed at the

option of the compliant.

SECTION 8.Protection Orders.- A protection order is an order issued under this act for the

purpose of preventing further acts of violence against a woman or her child specified in Section

5 of this Act and granting other necessary relief. The relief granted under a protection order

serve the purpose of safeguarding the victim from further harm, minimizing any disruption in

the victim's daily life, and facilitating the opportunity and ability of the victim to independently

regain control over her life. The provisions of the protection order shall be enforced by law

enforcement agencies. The protection orders that may be issued under this Act are the

barangay protection order (BPO), temporary protection order (TPO) and permanent protection

order (PPO). The protection orders that may be issued under this Act shall include any, some or

all of the following reliefs:

(a) Prohibition of the respondent from threatening to commit or committing, personally

or through another, any of the acts mentioned in Section 5 of this Act;

(b) Prohibition of the respondent from harassing, annoying, telephoning, contacting or

otherwise communicating with the petitioner, directly or indirectly;

(c) Removal and exclusion of the respondent from the residence of the petitioner,regardless of ownership of the residence, either temporarily for the purpose of

protecting the petitioner, or permanently where no property rights are violated, and if

respondent must remove personal effects from the residence, the court shall direct a

law enforcement agent to accompany the respondent has gathered his things and

escort respondent from the residence;

(d) Directing the respondent to stay away from petitioner and designated family or

household member at a distance specified by the court, and to stay away from the

residence, school, place of employment, or any specified place frequented by the

petitioner and any designated family or household member;

(e) Directing lawful possession and use by petitioner of an automobile and other

essential personal effects, regardless of ownership, and directing the appropriate law

enforcement officer to accompany the petitioner to the residence of the parties to

ensure that the petitioner is safely restored to the possession of the automobile and

other essential personal effects, or to supervise the petitioner's or respondent's removal

of personal belongings;


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(f) Granting a temporary or permanent custody of a child/children to the petitioner;

(g) Directing the respondent to provide support to the woman and/or her child if

entitled to legal support. Notwithstanding other laws to the contrary, the court shall

order an appropriate percentage of the income or salary of the respondent to be

withheld regularly by the respondent's employer for the same to be automaticallyremitted directly to the woman. Failure to remit and/or withhold or any delay in the

remittance of support to the woman and/or her child without justifiable cause shall

render the respondent or his employer liable for indirect contempt of court;

(h) Prohibition of the respondent from any use or possession of any firearm or deadly

weapon and order him to surrender the same to the court for appropriate disposition by

the court, including revocation of license and disqualification to apply for any license to

use or possess a firearm. If the offender is a law enforcement agent, the court shall

order the offender to surrender his firearm and shall direct the appropriate authority to

investigate on the offender and take appropriate action on matter;

(i) Restitution for actual damages caused by the violence inflicted, including, but not

limited to, property damage, medical expenses, childcare expenses and loss of income;

(j) Directing the DSWD or any appropriate agency to provide petitioner may need; and

(k) Provision of such other forms of relief as the court deems necessary to protect and

provide for the safety of the petitioner and any designated family or household

member, provided petitioner and any designated family or household member consents

to such relief.

Any of the reliefs provided under this section shall be granted even in the absence of a

decree of legal separation or annulment or declaration of absolute nullity of marriage.

The issuance of a BPO or the pendency of an application for BPO shall not preclude a

petitioner from applying for, or the court from granting a TPO or PPO.

SECTION 9.Who may file Petition for Protection Orders.A petition for protection order may

be filed by any of the following:

(a) the offended party;

(b) parents or guardians of the offended party;

(c) ascendants, descendants or collateral relatives within the fourth civil degree of

consanguinity or affinity;


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(d) officers or social workers of the DSWD or social workers of local government units

(LGUs);

(e) police officers, preferably those in charge of women and children's desks;

(f) Punong Barangayor Barangay Kagawad;

(g) lawyer, counselor, therapist or healthcare provider of the petitioner;

(h) At least two (2) concerned responsible citizens of the city or municipality where the

violence against women and their children occurred and who has personal knowledge of

the offense committed.

SECTION 10.Where to Apply for a Protection Order.Applications for BPOs shall follow the

rules on venue under Section 409 of the Local Government Code of 1991 and its implementing

rules and regulations. An application for a TPO or PPO may be filed in the regional trial court,

metropolitan trial court, municipal trial court, municipal circuit trial court with territorial

jurisdiction over the place of residence of the petitioner: Provided, however, That if a family

court exists in the place of residence of the petitioner, the application shall be filed with that

court.

SECTION 11.How to Apply for a Protection Order.The application for a protection order must

be in writing, signed and verified under oath by the applicant. It may be filed as an independent

action or as incidental relief in any civil or criminal case the subject matter or issues thereof

partakes of a violence as described in this Act. A standard protection order application form,

written in English with translation to the major local languages, shall be made available to

facilitate applications for protections order, and shall contain, among other, the followinginformation:

(a) names and addresses of petitioner and respondent;

(b) description of relationships between petitioner and respondent;

(c) a statement of the circumstances of the abuse;

(d) description of the reliefs requested by petitioner as specified in Section 8 herein;

(e) request for counsel and reasons for such;

(f) request for waiver of application fees until hearing; and

(g) an attestation that there is no pending application for a protection order in another

court.


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If the applicants is not the victim, the application must be accompanied by an affidavit of the

applicant attesting to (a) the circumstances of the abuse suffered by the victim and (b) the

circumstances of consent given by the victim for the filling of the application. When disclosure

of the address of the victim will pose danger to her life, it shall be so stated in the application.

In such a case, the applicant shall attest that the victim is residing in the municipality or city

over which court has territorial jurisdiction, and shall provide a mailing address for purpose ofservice processing.

An application for protection order filed with a court shall be considered an application for both

a TPO and PPO.

Barangay officials and court personnel shall assist applicants in the preparation of the

application. Law enforcement agents shall also extend assistance in the application for

protection orders in cases brought to their attention.

SECTION 12.Enforceability of Protection Orders.All TPOs and PPOs issued under this Act shall

be enforceable anywhere in the Philippines and a violation thereof shall be punishable with a

fine ranging from Five Thousand Pesos (P5,000.00) to Fifty Thousand Pesos (P50,000.00) and/or

imprisonment of six (6) months.

SECTION 13.Legal Representation of Petitioners for Protection Order.If the woman or her

child requests in the applications for a protection order for the appointment of counsel because

of lack of economic means to hire a counsel de parte, the court shall immediately direct the

Public Attorney's Office (PAO) to represent the petitioner in the hearing on the application. If

the PAO determines that the applicant can afford to hire the services of a counsel de parte, it

shall facilitate the legal representation of the petitioner by a counsel de parte. The lack of

access to family or conjugal resources by the applicant, such as when the same are controlledby the perpetrator, shall qualify the petitioner to legal representation by the PAO.

However, a private counsel offering free legal service is not barred from representing the

petitioner.

SECTION 14.Barangay Protection Orders (BPOs); Who May Issue and How. - Barangay

Protection Orders (BPOs) refer to the protection order issued by the Punong Barangay ordering

the perpetrator to desist from committing acts under Section 5 (a) and (b) of this Act. A Punong

Barangay who receives applications for a BPO shall issue the protection order to the applicant

on the date of filing after ex parte determination of the basis of the application. If the Punong

Barangay is unavailable to act on the application for a BPO, the application shall be acted upon

by any availableBarangay Kagawad. If the BPO is issued by a Barangay Kagawad the order

must be accompanied by an attestation by the Barangay Kagawad that the Punong Barangay

was unavailable at the time for the issuance of the BPO. BPOs shall be effective for fifteen (15)

days. Immediately after the issuance of an ex parte BPO, the Punong Barangay or Barangay

Kagawad shall personally serve a copy of the same on the respondent, or direct any barangay

official to effect is personal service.


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The parties may be accompanied by a non-lawyer advocate in any proceeding before the

Punong Barangay.

SECTION 15.Temporary Protection Orders. Temporary Protection Orders (TPOs) refers to the

protection order issued by the court on the date of filing of the application after ex parte

determination that such order should be issued. A court may grant in a TPO any, some or all ofthe reliefs mentioned in this Act and shall be effective for thirty (30) days. The court shall

schedule a hearing on the issuance of a PPO prior to or on the date of the expiration of the TPO.

The court shall order the immediate personal service of the TPO on the respondent by the court

sheriff who may obtain the assistance of law enforcement agents for the service. The TPO shall

include notice of the date of the hearing on the merits of the issuance of a PPO.

SECTION 16.Permanent Protection Orders.Permanent Protection Order (PPO) refers to

protection order issued by the court after notice and hearing.

Respondents non-appearance despite proper notice, or his lack of a lawyer, or the non-

availability of his lawyer shall not be a ground for rescheduling or postponing the hearing on

the merits of the issuance of a PPO. If the respondents appears without counsel on the date of

the hearing on the PPO, the court shall appoint a lawyer for the respondent and immediately

proceed with the hearing. In case the respondent fails to appear despite proper notice, the

court shall allow ex parte presentation of the evidence by the applicant and render judgment

on the basis of the evidence presented. The court shall allow the introduction of any history of

abusive conduct of a respondent even if the same was not directed against the applicant or the

person for whom the applicant is made.

The court shall, to the extent possible, conduct the hearing on the merits of the issuance of a

PPO in one (1) day. Where the court is unable to conduct the hearing within one (1) day and theTPO issued is due to expire, the court shall continuously extend or renew the TPO for a period

of thirty (30) days at each particular time until final judgment is issued. The extended or

renewed TPO may be modified by the court as may be necessary or applicable to address the

needs of the applicant.

The court may grant any, some or all of the reliefs specified in Section 8 hereof in a PPO. A PPO

shall be effective until revoked by a court upon application of the person in whose favor the

order was issued. The court shall ensure immediate personal service of the PPO on respondent.

The court shall not deny the issuance of protection order on the basis of the lapse of time

between the act of violence and the filing of the application.

Regardless of the conviction or acquittal of the respondent, the Court must determine whether

or not the PPO shall become final. Even in a dismissal, a PPO shall be granted as long as there is

no clear showing that the act from which the order might arise did not exist.


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SECTION 17.Notice of Sanction in Protection Orders.The following statement must be printed

in bold-faced type or in capital letters on the protection order issued by the Punong Barangay

or court:

"VIOLATION OF THIS ORDER IS PUNISHABLE BY LAW."

SECTION 18.Mandatory Period For Acting on Applications For Protection Orders Failure to act

on an application for a protection order within the reglementary period specified in the

previous section without justifiable cause shall render the official or judge administratively

liable.

SECTION 19.Legal Separation Cases.In cases of legal separation, where violence as specified

in this Act is alleged, Article 58 of the Family Code shall not apply. The court shall proceed on

the main case and other incidents of the case as soon as possible. The hearing on any

application for a protection order filed by the petitioner must be conducted within the

mandatory period specified in this Act.

SECTION 20.Priority of Application for a Protection Order.Ex parte and adversarial hearings to

determine the basis of applications for a protection order under this Act shall have priority over

all other proceedings. Barangay officials and the courts shall schedule and conduct hearings on

applications for a protection order under this Act above all other business and, if necessary,

suspend other proceedings in order to hear applications for a protection order.

SECTION 21.Violation of Protection Orders.A complaint for a violation of a BPO issued under

this Act must be filed directly with any municipal trial court, metropolitan trial court, or

municipal circuit trial court that has territorial jurisdiction over the barangay that issued the

BPO. Violation of a BPO shall be punishable by imprisonment of thirty (30) days withoutprejudice to any other criminal or civil action that the offended party may file for any of the acts

committed.

A judgement of violation of a BPO ma be appealed according to the Rules of Court. During trial

and upon judgment, the trial court may motu proprio issue a protection order as it deems

necessary without need of

Final Demonstration

Documents

Transcript of Final Demonstration