PRESIDENTIAL DECREE NO 1006

PROVIDING FOR THE PROFESSIONALIZATION OF TEACHERS, REGULATING THEIR

PRACTICE IN THE PHILIPPINES AND FOR OTHER PURPOSES

WHEREAS, the Constitution provides that "All educational institutions shall be under the supervision
of; and subject to regulation by, the State", and requires that "the State shall establish and maintain
a complete, adequate and integrated system of education relevant to the goals of national
development";

WHEREAS, in the pursuit on these objectives, the Department of Education and Culture has
adopted ways and means of overseeing all the educational institutions in the country;

WHEREAS, this supervisory function of the DEC has been primarily beamed towards insuring that
the educational institutions inculcate in the studentry love of the country, teach the duties of
citizenship, and develop moral character, personal discipline, and scientific, technological and
vocational efficiency;

WHEREAS, to implement these objectives, the institutions have relied upon their teachers whose
direct and continuing interaction with the young people and the children make them potent forces for
the development of proper attitudes among the citizenry;

WHEREAS, this accounts for the tremendous growth of the teaching population, comprising in the
civil service sector alone more than 300,000 teachers deployed all over the country;

WHEREAS, to insure that in the immediacy and urgency of teacher recruitment qualitative
requirements are not overlooked, it has become necessary to regulate the teaching profession;

WHEREAS, although teaching requires a number of years of collegiate study, it is the only course
that it is not yet considered a profession;

WHEREAS, in recognition of the vital role of teachers in nation-building and as an incentive to raise
the morale of teachers, it is imperative that they be considered as professionals and teaching be
recognized as a profession.

NOW, THEREFORE, I, FERDINAND E. MARCOS, President of the Philippines, by virtue of the

powers vested in me by the Constitution, do hereby decree and order:

Section 1. Title. This Decree shall be known as the Decree Professionalizing Teaching.

Section 2. Declaration of Policy. It is hereby declared a policy that teacher education shall be given
primary concern and attention by the government and shall be of the highest quality, and strongly
oriented to Philippine conditions and to the needs and aspirations of the Filipino people even as it
seeks enrichment from adoptable ideas and practices of other people.

Section 3. Definition of Terms. As used in this Decree, the following shall be construed as follows:

(a) Teaching refers to the profession primarily concerned with the classroom instruction, at
the elementary and secondary levels, in accordance with the curriculum prescribed by
National Board of Education, whether on part-time or full-time basis in the public or private
schools.
 (b) Teachers refers to all persons engaged in teaching at the elementary and secondary
levels, whether on a full-time or part-time basis, including guidance counselors, school
librarians, industrial arts or vocational teachers and all other persons performing supervisory
and/or administrative functions in all schools in the aforesaid levels and legally qualified to
practice teaching under this Decree.

(c)Board refers to the National Board for Teachers duly constituted under this Decree.

Section 4. Creation of the National Board for Teachers. There is hereby created a National Board
for Teachers, hereinafter called the Board, to be composed of the following:

1) Secretary of Education and Culture

Co-Chairman
2) Chairman, Civil Service Commission
3) Commissioner, Professional Regulations Commission
4) Two members representing the private sector to be Member
appointed by the President

Section 5. Powers and Duties. The Board shall have the following powers and duties:

(a) Appoint a set of examiners for every examination who will determine and prepare the
contents of the Board examination for teachers, hereinafter referred to as examination, in the
elementary and secondary levels of instruction, to be held at least once a year;

(b) Determine and fix the places and dates of examination, appoint supervisors and room
examiners from among the employees of the Government who shall be entitled to a daily
allowance to be fixed by the Board for every examination day actually attended, use the
buildings and facilities of public and private schools for examination purposes, approve
applications to take examination, and approve the release of examination results;

(c) Look from time to time into the conditions affecting the practice of the teaching
profession, adopt such measures as may be deemed proper for the enhancement of said
profession, and/or maintenance of the professional standards and ethics;

(d) Issue, suspend, revoke, replace or reissue Professional Teachers Certificate, and
administer oaths;

(e) Appoint, subject to the provisions of existing laws, such officials and employees as are
necessary in the effective performance of its functions and responsibilities, prescribe their
duties and fix their compensation;

(f) Prescribe and collect examination and other fees as it may deem proper; and

(g) Promulgate rules and regulations, and exercise such other powers, functions and duties
as may be necessary to carry into effect the purposes of this Decree.

Section 6. Qualification requirements for examination applicants. No applicant shall be admitted to

take the examination unless, on the date of filing of the application, he shall have complied with the
following requirements:
 (a) Except those who have been engaged in teaching as herein defined for at least five years
in schools in the Philippines not organized exclusively for nationals of a foreign country at the
time of the effectivity of this Decree, the applicant must be a citizen of the Philippines;

(b) That he is of good moral character;

(c) That he is free from any physical and/or mental defect which will incapacitate him to
render efficient service; and

(d) That he possesses the following minimum educational qualifications:

1) For teachers in the kindergarten and elementary grades, Bachelor's degree in

Elementary Education (B.S.E.Ed.) or its equivalent;

2) For teachers of the secondary schools, Bachelor's degree in Education or its

equivalent with a major and minor, or a Bachelor's degree in Arts or Sciences with at
least eighteen units in professional education; and

3) For teachers of secondary vocational and two-year technical courses, Bachelor's

degree in the field of specialization with at least eighteen units in professional
education.

All applications shall be filed with an office or offices designated by the Board, preferably the offices
of the Civil Service Commission and the Department of Education and Culture.

These offices shall screen and approve such applications and issue the corresponding permits to
take the examination to qualify applicants.

Section 7. Appointment of examiners. The Board shall appoint a set of examiners for every
examination who are recognized authority in teacher education, and their names shall not be
disclosed until after the release of the results of the examination. They shall each receive as
compensation the sum of not less than P5.00 for each examinee as may be determined by the
Board but in no case shall each examiner receive more than P18,000 per examination. Any
examiner who is in the service of the Government shall receive the compensation herein provided in
addition to his salary.

Section 8. Scope of the examination. The examination shall consist of written tests, the scope of
which shall be determined by the Board, taking into consideration the teaching plan of the schools
legally constituted in the Philippines.

Section 9. Ratings in the examination. In order that a candidate may be deemed to have
successfully passed the examinations, he must have obtained a general average of at least 70 per
cent in all subjects, with no rating below 50 per cent in any subject.

Section 10. Report of the results of examination. The examiners shall report the ratings obtained by
each candidate to the Board within 150 days after the last day of the examination, unless extended
by the latter.

Section 11. Issuance of Certificates. Teachers who have passed examinations given by the Civil
Service Commission or jointly by the Civil Service Commission and the Department of Education
and Culture shall be considered as having passed the board examinations for teachers. The Board
may consider their certificates of rating as certificates of eligibility or issue an entirely new certificate
upon registration of the teacher and payment of the corresponding fees.
This provision shall likewise apply to those teachers who have permanent appointment under the
Magna Carta For Public School Teachers and all others who may be qualified for registration as
professional teachers under this Decree.

Section 12. Registration. The Civil Service Commission shall, as an arm of the Board, register
holders of Professional Teacher Certificate which registration shall evidence that the registrant is
entitled to all the rights and privileges of a Professional Teacher until and unless the certificate is
suspended or canceled by the Board for just cause.

Section 13. Reissuance of revoked certificates and replacement of lost certificates. The Board may,
for reason of equity and justice, and upon proper application therefor, issue another copy, original or
duplicate, upon payment of the required fee, of a certificate which has been revoked. A new
certificate to replace a lost, destroyed or mutilated certificate may be issued subject to the rules of
the Board.

Section 14. Registration by reciprocity. The Civil Service Commission shall, upon approval of the
Board, effect the registration, without examination, of a teacher validly registered under the laws of
any foreign state or country; Provided, That the requirements for registration in said foreign state or
country are substantially the same as those required and contemplated by this Decree, and the laws
of such foreign state or country allow citizens of the Philippines to practice the profession on the
same basis and grant the same privileges as the citizens or subjects of such foreign state or country;
Provided finally, That the applicant shall submit competent and conclusive documentary evidence,
confirmed by the Department of Foreign Affairs, showing that his country's existing laws permit
citizens of the Philippines to practice teaching profession under the rules and regulations governing
citizens thereof.

Section 15. Prohibition. Three years after the effectivity of this Decree, no person shall engage in
teaching and/or act as a teacher as defined in this Decree, whether in the public or private
elementary or secondary school, unless he is holder of a Professional Teacher Certificate or is
considered a Professional Teacher under this Decree.

Section 16. Penal Provision. Any person who shall practice the teaching without a valid Professional
Teacher Certificate, or any person presenting as his or her own the certificate of another, or any
person giving any false or forged evidence in order to obtain a Professional Teacher Certificate or
admission to an examination, or any person assuming himself as a registered professional teacher
or any person violating any provision of this Decree shall be penalized by a fine of not less than One
Thousand Pesos nor more than Five Thousand Pesos with subsidiary imprisonment or to suffer an
imprisonment of not less than six months nor more than two years, or both such fine and
imprisonment at the discretion of the Court.

Section 17. Repealing Clause. All Acts, Decrees, Executive Orders, Administrative Orders, rules
and regulations or parts thereof inconsistent with the provisions of this Decree are hereby repealed
or modified accordingly.

Section 18. Separability Clause. In case any provision of this Decree or any portion thereof is
declared unconstitutional by a competent court, other provisions shall not be affected thereby.

Section 19. Effectivity. This Decree shall take effect January 1, 1977.

DONE in the City of Manila, this 22nd day of September, in the year of Our Lord, nineteen hundred
and seventy-six.
Republic Act 7836
Philippine Teachers Professionalization Act of 1994
AN ACT TO STRENGTHEN THE REGULATION AND SUPERVISION OF THE PRACTICE
OF TEACHING IN THE PHILIPPINES AND PRESCRIBING A LICENSURE
EXAMINATION FOR TEACHERS AND FOR OTHER PURPOSES.

SECTION 1. Short Title. This Act shall be known as the "Philippine Teachers
Professionalization Act of 1994."

Sec. 2. Statement of Policy. The State recognizes the vital role of teachers in nation-
building and development through a responsible and literate citizenry.Towards this end, the
State shall ensure and promote quality education by proper supervision and regulation of
the licensure examination and professionalization of the practice of the teaching
profession.cralaw

Sec. 3. Objectives. This Act has the herein objectives:

(a) The promotion, development and professionalization of teachers and the teaching
profession; and
(b) The supervision and regulation of the licensure examination.

Sec. 4. Definition of Terms. For purposes of this Act, the following terms shall mean:

(a) "Teaching" refers to the profession concerned primarily with classroom

instruction, at the elementary and secondary levels in accordance with the curriculum
prescribed by the Department of Education, Culture and Sports, whether on part-time or
full-time basis in the private or public schools.
(b) "Teachers" refers to all persons engaged in teaching at the elementary and
secondary levels, whether on full-time or part-time basis, including industrial arts or
vocational teachers and all other persons performing supervisory and/or administrative
functions in all schools in the aforesaid levels and qualified to practice teaching under this
Act.
(c) "Board" refers to the Board for Professional Teachers duly established and
constituted under this Act.
(d) "Commission" refers to the Professional Regulation Commission.

ARTICLE II BOARD FOR PROFESSIONAL TEACHERS

Sec. 5. Creation and Composition of the Board. There is hereby created under this
Act a Board for Professional Teachers, hereinafter called the Board, a collegial body under
the general supervision and administrative control of the Professional Regulation
Commission, hereinafter referred to as the Commission, composed of five (5) members who
shall be appointed by the President of the Philippines from among the recommendees
chosen by the Commission.The recommendees shall be chosen from the list of nominees
selected by the accredited association of teachers, who duly possess all the qualifications
prescribed in Section 8 of this Act.

The chairman and the voice-chairman of the Board shall be appointed from these five (5)
members by the President: Provided, That the members of the first Board appointed under
this Act shall be automatically registered as professional teachers and issued with the
certificate of registration and professional license upon payment of the fees for examination,
registration, and other fees prescribed by the Commission.

Sec. 6. Duties and Function of the Board. The Board shall have the following duties
and functions:

(a) Promulgate, administer and enforce rules and regulations necessary for carrying out
the provisions of this Act in accordance with the charter of the Professional Regulation
Commission;
(b) Determine and fix the frequency, dates, and places of examination, appoint
supervisors, proctors, and other personnel as needed who shall be entitled to a daily
allowance to be fixed by the Board for every examination day actually attended, use
buildings and facilities of public or private schools for examination purposes;
(c) Issue, suspend, or revoke the certificate of registration for the practice of the
teaching profession;
(d) Prescribe and collect examination and other fees as it may deem proper;
(e) Prescribe and/or adopt a code of ethical and professional standards for the practice of
the teaching profession.Such ethical standards, rules and regulations to take effect sixty
(60) days after its publication in the Official Gazette or in any newspaper of general
circulation;
(f) Administer oaths in connection with the administration of this Act;
(g) Supervise and regulate the registration, licensure and practice of professional teachers
in the Philippines;
(h) Adopt an official seal of the Board;cralaw
(i) Look into the conditions affecting the practice of the teaching profession and
whenever necessary, adopt such measures as may be deemed proper for the enhancement
and maintenance of high professional and ethical standards of the profession;
(j) Ensure that all educational institutions offering elementary and secondary education
comply with the essential requirements for curricula, faculty and facilities for the elementary
and secondary levels;
(k) Investigate such violations of this Act, the rules and the code of ethical and
professional standards for professional teachers as it may come to the knowledge of the
Board, and for this purpose, to issue subpoena and subpoena duces tecum to secure the
appearance of witnesses and the production of documents in connection therewith; and
(l) Discharge such other powers, duties and functions as the Board may deem necessary
for the practice of the teaching profession and the upgrading, enhancement, development
and growth of education in the Philippines.

Sec. 7. Term of Office. The members of the Board shall hold office for a term of three
(3) years from the date they assume office: Provided, That the first appointees to the Board
under this Act shall hold office according to the following terms: one (1) member shall serve
for one (1) year; one (1) member for two (2) years; the chairman, vice-chairman, and one
(1) member for three (3) years. Vacancies shall be served for the unexpired term only. No
person who has served for two (2) consecutive terms shall be eligible for
reappointment.Appointment to fill an unexpired term shall be considered an appointment to
a complete term.
The chairman or any member shall take his oath of office prior to the performance of his
duties.

Sec. 8. Qualification of Board Members. Each Board member must at the time of his
appointment:
 (a) Be a citizen and resident of the Philippines;
(b) Be at least thirty-five (35) years of age, of proven integrity, and possessed of high
moral values in his personal as well as professional conduct and has not been convicted of
any offense involving moral turpitude;
(c) Be a holder of the degree of Bachelor of Arts or Bachelor of Science in Education and
preferably a holder of a master's or doctorate degree in education, or their equivalents,
from a university, school, college, academy or institute duly constituted, recognized and/or
accredited by the Philippine government;
(d) Be a professional teacher with a valid certificate of registration and valid professional
license, save those members who shall compose the first Board for Professional Teachers;
(e) Has been a professional teacher in the active practice of the teaching profession for at
least ten (10) years in the elementary and secondary level; and
(f) Not be an official or member of the faculty of, nor have pecuniary interest in any
university, college, school, or institution conferring a bachelor's degree in education or its
equivalents for at least three (3) years prior to his appointment, and neither connected with
a review center or with any group or association where review classes or lectures in
preparation for the licensure examination are offered or conducted.

Provided, however,That, the membership to the Board shall be evenly distributed to cover
all levels of education, including equitable representation of the different fields of
specialization.

Sec. 9. Compensation of the Board. The chairman, vice-chairman, and members of

the Board shall receive compensation comparable to the compensation received by existing
regulatory boards under the Professional Regulation Commission, computed on the basis of
the number of examinees/candidates.

Sec. 10. Supervision of the Board and Custodian of its Records. The Board shall be
under the supervision and control of the Commission. All records, including applications for
examination, examination papers and results, minutes of deliberation, administrative cases
and investigative cases and investigations involving professional teachers shall be kept by
the Commission.

Sec. 11. Secretariat and Support Services. The Professional Regulation Commission,
through its chairman, shall provide the secretariat and other support services to implement
effectively the provisions of this Act.cralaw

Sec. 12. Removal of a Board Member. The chairman or any member of the Board may
be removed by the President of the Philippines upon recommendation of the Commission for
neglect of duty, incompetence, unprofessional, unethical, immoral or dishonorable conduct,
commission or toleration of irregularities in the examination, after having been given the
opportunity to defend himself in a proper administrative investigation.

In the course of investigation, the President may preventively suspend the respondent.

ARTICLE III EXAMINATION AND REGISTRATION

Sec. 13. Examination, Registration and License Required. Except as otherwise
specifically allowed under the provisions of this Act, all applicants for registration as
professional teachers shall be required to undergo a written examination which shall be
given at least once a year in such places and dates as the Board may determine upon
approval by the Commission. A valid certificate of registration and a valid professional
license from the Commission are required before any person is allowed to practice as a
professional teacher in the Philippines, except as otherwise allowed under this Act.
Sec. 14. Scope of Examination. The examinations for the elementary and secondary
school teachers shall be separate. The examination for teachers in the elementary level
shall consist of two (2) parts, namely: professional education and general education. The
examination for teachers in the secondary level shall consist of three (3) parts, namely:
professional education, general education, and field of specialization.

Sec. 15. Qualification Requirements of Applicants. No applicant shall be admitted to

take the examination unless, on the date of filing of the application, he shall have complied
with the following requirements:

(a) A citizen of the Philippines or an alien whose country has reciprocity with the
Philippines in the practice of the teaching profession;
(b) At least eighteen (18) years of age;
(c) In good health and of good reputation with high moral values;
(d) Has not been convicted by final judgment by a court for an offense involving moral
turpitude;
(e) A graduate of a school, college or university recognized by the government and
possesses the minimum educational qualifications, as follows:

(1) For teachers in preschool, a bachelor's degree in early childhood education

(BECED) or its equivalent;
(2) For teachers in the elementary grades, a bachelor's degree in elementary
education (BSEED) or its equivalent;
(3) For teachers in the secondary grades, a bachelor's degree in education or its
equivalent with a major and minor, or a bachelor's degree in arts and sciences with at least
ten (10) units in professional education; and
(4) For teachers of vocational and two-year technical courses, a bachelor's degree in
the field of specialization or its equivalent, with at least eighteen (18) units in professional
education.

Sec. 16. Report of the Results of the Examination. The Board shall, within one
hundred twenty (120) days after the examination, report the ratings obtained by each
candidate to the Professional Regulation Commission for approval and appropriate action.

Sec. 17. Issuance of Certificate of Registration and Professional License. The

registration of a professional teacher commences from the date his name is enrolled in the
roster of professional teachers.

Every registrant who has satisfactorily met all the requirements specified in this Act shall,
upon payment of the registration fee, be issued a certificate of registration as a professional
teacher bearing the full name of the registrant with serial number and date of issuance
signed by the chairman of the Commission and the chairman, vice-chairman, and members
of the Board, stamped with the official seal, as evidence that the person named therein is
entitled to practice the profession with all the rights and privileges appurtenant thereto. The
certificate shall remain in full force and effect until withdrawn, suspended and/or revoked in
accordance with law.cralaw

A professional license signed by the chairman of the Commission and bearing the
registration number and date of issuance thereof and the month of expiry or renewability
shall likewise be issued to every registrant who has paid the annual registration fees for
three (3) consecutive years. This license shall serve as evidence that the licensee can
lawfully practice his profession until the expiration of its validity.

Sec. 18. Oath Before Practice. Every registrant shall be required to take his
professional oath before practicing as a professional teacher.

Sec. 19. Periodic Merit Examination of Teachers. To encourage continuing

professional growth and development and to provide additional basis for merit promotion, in
addition to their performance rating, teachers may take an oral and written examination at
least once in five (5) years as basis for merit promotion. In taking this examination, no fee
shall be required.

Sec. 20. Failure to Pass the Merit Examination. If a teacher fails to pass the merit
examination, he or she shall be allowed to take the examination for a second time. Should
he or she fail to pass the merit examination for the second time, then he or she shall be
required to take a DECS accredited refresher course or program before being allowed to
retake the examination.

Failure of any permanent teacher to pass the merit examination shall not, however, be used
as a ground for his/her dismissal or demotion.

Sec. 21. Incentives. Teachers who pass the merit examination shall:

(a) Be awarded a diploma of merit by the Board;

(b) Earn merit points for purposes of promotion in salary or to a higher position or grade
level;
(c) Be placed in the priority list for government scholarship; and
(d) Enjoy such other benefits as may be promulgated by the Board.

Similar incentives shall be given to teachers who make inventions, develop new methods of
teaching, write a book or books and create works of artistic merit.

Sec. 22. Integration of the Teaching Profession. The teaching profession shall be
integrated into one national organization which shall be recognized by the Board and the
Commission as the one and only integrated and accredited association of professional
teachers. Upon registration with the Board, every professional teacher shall be encouraged
to become a member of the integrated national organization. Those who have been
registered with the Board but are not members of the said integrated organization shall be
allowed to register as members of the said integrated organization within three (3) years
after the effectivity of this Act. Membership in the integrated organization shall not be a bar
to membership in other associations of the teaching profession. The professional teachers
shall receive the benefits and privileges appurtenant to their membership in the said
integrated and accredited organization of professional teachers only upon payment of the
required membership fees and dues.

Sec. 23. Revocation of the Certificate of Registration, Suspension from the Practice
of the Teaching Profession, and Cancellation of Temporary or Special Permit. The
Board shall have the power, after due notice and hearing, to suspend or revoke the
certificate of registration of any registrant, to reprimand or to cancel the temporary/special
permit of a holder thereof who is exempt from registration, for any of the following causes:

(a) Conviction for any criminal offense by a court of competent jurisdiction;

(b) Immoral, unprofessional or dishonorable conduct;
(c) Declaration by a court of competent jurisdiction for being mentally unsound or
insane;
(d) Malpractice, gross incompetence, gross negligence or serious ignorance of the
practice of the teaching profession;
(e) The use of or perpetration of any fraud or deceit in obtaining a certificate of
registration, professional license or special/temporary permit;
(f) Chronic inebriety or habitual use of drugs;cralaw
(g) Violation of any of the provisions of this Act, the rules and regulations and other
policies of the Board and the Commission, and the code of ethical and professional
standards for professional teachers; and
(h) Unjustified or willful failure to attend seminars, workshops, conferences and the like
or the continuing education program prescribed by the Board and the Commission.

The decision of the Board to revoke or suspend a certificate may be appealed to the regional
trial court of the place where the Board holds office within fifteen (15) days from receipt of
the said decision or of the denial of the motion for reconsideration filed in due time.

Sec. 24. Registration by Reciprocity. No teacher of a foreign nationality shall be

admitted to the examination, or be given a certificate of registration or be entitled to any of
the rights and privileges provided under this Act; unless the country or state of which he is
a subject permits Filipino professional teachers to practice within its territorial limits on the
same basis as subjects or citizens of said country or state: Provided, that the requirements
of certification of teachers with said foreign state or country are substantially the same as
those required and contemplated under this Act: Provided, further, That the laws of such
state or country grant the same privilege to Filipino professional teachers on the same basis
as the subject or citizens of such foreign country or state.

Sec. 25. Roster of Professional Teachers. A roster of professional teachers containing

the names and addresses of professional teachers, date of registration or issuance of
certificate, and other data which in the opinion of the Board may appear pertinent shall be
maintained. Copies of the roster shall be provided by the Commission to the Board, the
Department of Education, Culture and Sports, and the integrated and accredited
organization of professional teachers.

Sec. 26. Registration and Exception. Two (2) years after the effectivity of this Act, no
person shall engage in teaching and/or act as a professional teacher as defined in this Act,
whether in the preschool, elementary or secondary level, unless he is a duly registered
professional teacher, and a holder of a valid certificate of registration and a valid
professional license or a holder of a valid special/temporary permit.

Upon approval of the application and payment of the prescribed fees, the certificate of
registration and professional license as a professional teacher shall be issued without
examination as required in this Act to a qualified applicant, who at the time of the approval
of this Act, is:
 (a) A holder of a certificate of eligibility as a teacher issued by the Civil Service
Commission and the Department of Education, Culture and Sports; orcralaw
(b) A registered professional teacher with the National Board for Teachers under the
Department of Education, Culture and Sports (DECS) pursuant to Presidential Decree No.
1006; or
(c) Not qualified under paragraphs one and two but with any of the following
qualifications. to wit:

(1) An elementary or secondary teacher for five (5) years in good standing and a
holder of Bachelor of Science in Education or its equivalent; or
(2) An elementary or secondary teacher for three (3) years in good standing and a
holder of a master's degree in education or its equivalent.

Provided, That they shall be given two (2) years from the organization of the Board for
professional teachers within which to register and be included in the roster of professional
teachers: Provided, further, That those incumbent teachers who are not qualified to register
without examination under this Act or who, albeit qualified, were unable to register within
the two-year period shall be issued a five-year temporary or special permit from the time
the Board is organized within which to register after passing the examination and complying
with the requirements provided this Act and be included in the roster of professional
teachers: Provided, furthermore, That those who have failed the licensure examination for
professional teachers shall be eligible as para-teachers and as such, shall be issued by the
Board a special or temporary permit, and shall be assigned by the Department of Education,
Culture and Sports (DECS) to schools as it may determine under the circumstances.

ARTICLE IV PROVISIONS RELATIVE TO THE PRACTICE OF THE TEACHING

PROFESSION
Sec. 27. Inhibition Against the Practice of the Teaching Profession. Except as
otherwise allowed under this Act, no person shall practice or offer to practice the teaching
profession in the Philippines or be appointed as teacher to any position calling for a teaching
position without having previously obtained a valid certificate of registration and a valid
professional license from the Commission.

Sec. 28. Penal Provisions. The following shall be punishable by a fine of not less than
Five thousand pesos (P5,000.00) nor more than Twenty thousand pesos (P20,000.00) or
imprisonment of nor less than six (6) months nor more than five (5) years, or both, at the
discretion of the court:cralaw

(a) Any person who practices the teaching profession in the Philippines without being
certified in accordance with the provisions of this Act;
(b) Any person who represents or attempts to use as his own certificate of registration
that of another;
(c) Any person who gives any false, or fraudulent evidence of any kind to the Board or
any member thereof in obtaining a certificate of registration as teacher;
(d) Any person who impersonates any registrant of the same or different name;
(e) Any person who uses a revoked or suspended certificate of registration;
(f) Any person who, in connection with his name, otherwise assumes, uses or advertises
any title or description tending to convey or conveys the impression that he is a teacher
without holding a valid certificate; and
(g) Any person who violates or who abets the violation of any of the provisions of this
Act.
The penalty of fine or imprisonment or both, as provided in this section, shall also apply to
any school official who shall cause or be responsible for the commission of any of the above-
enumerated acts.

Sec. 29. Appropriations. Such sums as may be necessary to carry out the provisions of
this Act shall be included in the 1996 General Appropriations Act and thereafter.

Sec. 30. Implementing Guidelines. The Board shall formulate and adopt the necessary
guidelines for the effective implementation of the provisions of this Act within sixty (60)
days of its approval.cralaw

The Board shall submit to both Committees on Education, Arts, and Culture; and the
Committees on Civil Service and Professional Regulation of the Senate and House of
Representatives, copies of the implementing rules and guidelines within thirty (30) days
after its promulgation.

Any violation of this section shall render the official/s concerned liable under Republic Act
No. 6713, otherwise known as the "Code of Conduct and Ethical Standards for Public
Officials and Employees" and other pertinent administrative and/or penal laws.

Sec. 31. Transitory Provision. All incumbent teachers in both the public and private
sector not otherwise certified as professional teachers by virtue of this Act, shall be given
(5) years temporary certificates from the time the Board for Professional Teachers is
organized within which to qualify as required by this Act and be included in the roster of
professionals.

Provided, however, That the Professional Board Examination for Teachers (PBET) shall still
be administered by the Civil Service Commission and the Department of Education, Culture
and Sports for the year 1995.cralaw

Sec. 32. Separability Clause. If, for any reason, any section or provision of this Act or
the application of such section or provision to any person or circumstance is declared
unconstitutional or invalid, no other section or provision of this Act shall be affected
thereby.

Sec. 33. Repealing Clause. All laws, presidential decrees, executive orders, rules and
regulations or parts thereof inconsistent with the provisions of this Act are hereby repealed
or modified accordingly.

Sec. 34. Effectivity Clause. This Act shall take effect after fifteen (15) days following its
complete publication in the Official Gazette or in two (2) newspapers of general circulation.

Signed: December 16, 1994

MAJOR LEGAL BASES
The Philippine Constitutions
1. 1935 CONST. Article XIV Section 5
2. 1973 CONST. Article XV Section 8 (1-8)
3. 1987 CONST. Article XIV Sections 1-5(5)
THE 1987 CONSTITUTIONS
Article XIV Sections 1-5(5)
Section 1. The state shall protect and promote the right of all the citizens to quality education at all levels and
shall take appropriate steps to make such education accessible to all.
Section 2. The state shall:
1. Establish, maintain and support a complete, adequate and integrated system of education relevant to the
needs of the people and society;
2. Establish and maintain s system of free public education in the elementary and high school levels.
Without limiting the natural rights of parents to rear their children, elementary education is compulsory
for all children of school age;
3. Establish and maintain a system of scholarship grants, student loan programs, subsidies and other
incentives which shall be available to deserving students in both public and private schools, especially
to the underprivileged;
4. Encourage non- formal, informal and indigenous learning system, as well as self- learning independent
and out-of-school study programs particularly those that respond to community needs; and
5. Provide adult citizens, the disabled and out-of-school youth with training in civics, vocational
efficiency and skills.
Section 3.
1. All educational institutions shall include the study of the Constitution as part of the curricula.
2. They shall inculcate patriotism and nationalism, foster love of humanity, respect for human rights,
appreciation of the role of national heroes in the historical development of the country, teach the rights
and duties of citizenship, strengthen ethical and spiritual values, develop moral character and personal
discipline, encourage critical and creative thinking, broaden scientific and technological knowledge and
promote efficiency.
3. At the option expressed in writing by the parent or guardians, religion shall be allowed to be taught to
their children or wards in the public elementary and high schools within the regular class hours by
instructors designated or approved by the religious authorities of the religion to which the children or
wards belong, additional cost to the Government.
Section 4.
1. The state recognizes the complementary roles of the public and private institutions in the educational
system and shall exercise reasonable supervision and regulation of all educational institutions.
2. Educational institutions, other than those established by religious groups and mission boards, shall be
allowed solely by citizens of the Philippines or corporations or associations at least sixty per centum of
the capital of which is owned by such citizens. The Congress may, however, require increased Filipino
equity participation in all educational institutions. The control and administration of educational
institutions shall vested in citizens of the Philippines. No educational institution shall be established
exclusively for aliens and no group of aliens shall comprise more than one third of the enrollment in
any school. The provisions of this subsection shall not apply to schools established for foreign
diplomatic personnel and their dependents and, unless otherwise provided by law, for other foreign
temporary residents.
3. All revenues and assets of non- stock, non- profit educational institutions used actually, directly and
exclusively for educational purposes shall be exempt from taxes and duties. Upon the dissolution or
cessation of the corporate existence of such institutions, their assets shall be disposed of in the manner
provided by law. Proprietary educational institutions, including those cooperatively owned, may
likewise be entitled to such exemptions subject to the limitations provided by law including restrictions
on dividends and provisions for reinvestment.
 4. Subject to conditions prescribed by law, all grants endowments, donations or contributions used
actually, directly and exclusively for educational purposes shall be exempt from tax.
Section 5.
1. The State shall take into account regional and sectoral needs and conditions and shall encourage local
planning in the development of educational policies and programs.
2. Academic freedom shall be enjoyed in all institutions of higher learning.
3. Every citizen has a right to select a profession or course of study, subject to fair, reasonable and
equitable admission and academic requirements.
4. The State shall enhance the right of teachers to professional advancement. Non- teaching academic and
non-academic personnel shall enjoy the protection of the State.
5. The State shall assign the highest budgetary priority to education and ensure that teaching will attract
and retain its rightful share of the best available talents through adequate remuneration and other means
of job satisfaction and fulfillment.
BATAS PAMBANSA BLG. 232 (THE EDUCATION ACT OF
1982)
This was an act providing for the establishment and maintenance of an integrated system of education. In
accordance with Section 2, this act shall apply to and govern both formal and non- formal system in public and
private schools in all levels of the entire educational system.

As provided by this Act, the national development goals are as follows:

1. To achieve and maintain an accelerating rate of economic development and social progress.
2. To assure the maximum participation of all the people in the attainment and enjoyment of the benefits
of such growth; and
3. To achieve and strengthen national unity and consciousness and preserve, develop and promote
desirable cultural, moral and spiritual values in changing world.
It is also stated in Section 3 that:
The State shall promote the right of every individual to relevant quality education, regardless of sex, age, creed
socio- economic status, physical and mental conditions, racial or ethnic origin, political or other affiliation. The
State shall therefore promote and maintain equality of access to education as well as the benefits of education
by all its citizens.

RIGHTS OF STUDENTS IN SCHOOL (Section 9)

1. The right to receive competent instruction, relevant quality education.
2. The right to freely choose their field of study subject to the existing curricula and continue their course
up to graduation, except in cases of academic deficiency or violations of disciplinary regulations.
3. The right to school guidance and counseling services.
4. The right to access to his owns school records and the confidentiality of it.
5. The right to issuance of official certificates, diplomas, transcript of records, grades, transfer credentials
and similar document within thirty days from request.
6. The right to publish a student newspaper and invite resource persons during symposia, assemblies and
other activities.
7. The right to free expression of opinions and suggestions and to effective channels of communication
with appropriate academic and administrative bodies of the school or institutions.
8. The right to form or establish, join and participate in organizations and societies recognized by the
school, or to form, join and maintain organizations and societies for purposes not contrary to law.
9. The right to be free from involuntary contributions except those approved by their organizations and
societies.
RIGHT OF ALL SCHOOL PERSONNEL (Section 10)
1. Free expression of opinions and suggestions.
2. To be provided with free legal service by the appropriate government office in case of public school
personnel and the school authorities concerned in case of private school personnel, when charged in
administrative, civil and/or criminal proceedings, by parties other than the school authorities concerned,
for actions committed directly in the lawful discharged of professional duties and/or in defense of
school policies.
3. Establish join, maintain labor organization of their choice to promote their welfare and defend their
interest.
4. To be free from involuntary contributions except those imposed by their own organizations.
SPECIAL RIGHTS and/or PRIVILEGES OF TEACHING OR
ACADEMIC STAFF (Section 11)
1. Right to be free compulsory assignment not related to their duties defined in their appointment or
employment contracts unless compensated thereof. (additional compensation Sec. 14 R.A. 4670- at
least 25% his regular remuneration)
2. Right to intellectual property
3. Teachers are persons in authority when in lawful discharge of duties and responsibilities shall
therefore be accorded due respect and protection (Commonwealth Act No. 578)
4. Teachers shall be given opportunity to choose career alternatives for advancements.
RIGHTS OF ADMINISTRATORS (Section 12)
1. School administrators shall be deemed persons in authority while in the lawful discharge of their duties
and responsibilities. Shall be accorded due respect and protection (Commonwealth Act No. 578)
RIGHTS OF SCHOOLS (Section 13)
1. The right of their governing boards.to adopt and enforce administrative or management systems.
2. The right of institutions of higher learning to determine on academic grounds who shall be admitted to
study, who may teach, and who shall be the subjects of the study and research.
MAINTENANCE OF QUALITY EDUCATION
1. Voluntary Accreditation (Section 29)
2. Teachers and Administrators obligations and qualification (Sections 176 and 17)
3. Government Financial Assistance to Private Schools (Section 41)
OTHER LEGAL BASES
1. Act No. 74
This law was enacted on January 21, 1901 by the Philippine Commission, and provided:

a. establishment of the Department of Public Instruction headed by the General superintendent

b. the archipelago was divided into school divisions and districts for effective management of the school
system.
c. English was made as medium of instruction in all levels of schooling
d. optional religious instructions in all schools (Section 16)
e. establishment of a Trade school in Manila (Philippine College of Arts and Trade- PCAT now known as
Technological University of the Philippines), a school of Agriculture in Negros, a Normal school in Manila
(Philippine Normal School) (Section 18)
Philippine Normal School, however, was renamed Philippine Normal College (PNC) by virtue of Republic
Act No. 416 on June 18, 1949. And on December 26, 1991, the PNC was converted to Philippine Normal
University as provided by Republic Act No. 7168.

2. Act No. 2706

This was known as the Private School Law, enacted on March 10, 1917 by the Philippine Legislature, which
made obligatory the recognition and inspection of private schools and colleges by the Secretary of Public
Instruction so as to maintain a standard of efficiency in all private schools and colleges in the country.
This law was amended by Commonwealth Act No. 180 passed on November 13, 1936 which provided that:
The Secretary of Public Instruction was vested with power to supervise, inspect and regulate said schools and
colleges in order to determine the efficiency of instruction given in the same.
And all private schools come under the supervision and regulation of the Secretary of DPI, thus eliminating
diploma mills and substandard schools.

3. Commonwealth Act No. 1 (Amended by R.A. 9163)

Known as the National Defense Act passed by the Philippine Assembly on December 21, 1935, which
provided in Section 81 that:

Preparatory Military training shall be given with the youth in the elementary grade school at the age of ten
years and shall extend through the remainder of his schooling into college or post-secondary education.

By virtue of Presidential Decree 1706, issued by the late President Marcos on August 8, 1980, otherwise
known as the National Service Law, Commonwealth Act No. 1 was amended, and required all citizens to
render, civic welfare service, law enforcement service and military service.

4. Commonwealth Act No. 80

This law created the Office of Adult Education on October 26, 1936, so as to eliminate illiteracy and to give
vocational and citizenship training to adult citizens of the country.

5. Commonwealth Act No. 578

Enacted on June 8, 1940, conferred the status of persons in authority upon the teachers, professors, and
persons charged with the supervision of public or duly recognized private schools, colleges and universities.
This Act also provided a penalty of imprisonment ranging from six months and one day to six years and a fine
ranging from 500 to 1, 000 pesos upon any person found guilty of assault upon those teaching personnel.

6. Commonwealth Act No. 586 (Repealed by R.A. 896)

This is known as Education Act of 1940. It was approved on August 7, 1940 by the Philippine Assembly.

The law provided for the following:

a. reduction of seven- year elementary course to six- year elementary course.

b. fixing the school entrance age to seven.
c. national support of elementary education.
d. compulsory attendance in the primary grades for all children who enroll in Grade I.
e. introduction of double- single session- one class in the morning and another in the afternoon under one
teacher to accommodate more children.
7. Commonwealth Act No. 589
This law, approved on August 19, 1940, established a school ritual in all public and private elementary and
secondary schools in the Philippines.

The ritual consists of solemn and patriotic ceremonies that include the singing of the National Anthem and
Patriotic Pledges.

8. Republic Act No. 139 (Repealed by R. A. 8047)

Enacted on June 14, 1947, and the Board of Textbooks. This law provided that all public schools must only use
books that are approved by the Board for a period of six years from the date of their adoption.
The private schools may use books of their choice, provided the Board of Textbooks has no objections with
those books.

9. Republic Act No. 896

Enacted on June 20, 1953 and known as the Elementary Education Act of 1953, it repealed Commonwealth
Act 586 and provided for the following:

a. restoration of Grade VII (but never implemented due to lack of funds)

b. abolition of the double- single session and return to the former practice of only one
c. class under one teacher in the primary and three teachers to two classes or five teachers to three classes in
the intermediate level
d. compulsory completion of the elementary grades
e. compulsory enrollment of children in the public schools upon attaining seven years of age.

10. Republic Act No. 1124 (Repealed by R. A. 7722)

Approved on June 16, 1954, this law created the Board of National Education charged with the duty of
formulating general educational policies and directing the educational interests of the nation.

However, this Board which was later renamed National Board of Education (P.D. No. 1), was abolished bu
virtue of the Creation of the board of Higher Education as stipulated in Batas Pambansa Blg. 232. The Boards
function is now assumed by the commission on Higher Education or CHED by virtue of Republic Act No.
7722.

11. Republic Act No. 1265 (amended by R. A. 8491)

This law was approved on June 11, 1955, and provided that a daily flag ceremony shall be compulsory in all
educational institutions. This includes the singing of the Philippine National Anthem.

12. Republic Act No. 1425

It was approved on June 12, 1956, it prescribed the inclusion in the curricula of all schools, both public and
private, from elementary schools to the universities, the life, works and writings of Jose Rizal especially the
Noli Me Tangere and El Filibusterismo.
13. Republic Act No. 4670
Known as the Magna Carta for Public School Teachers. This was approved on June 18, 1966 to promote and
improve the social and economic status of public school teachers, their living and working conditions, their
employment and career prospects.

It also provided the following:

1. Recruitment qualifications for teachers

2. Code of Professional Conduct for Teachers
3. Teaching hours- 6 hours of classroom teaching (maximum load)
4. Additional compensation- 25% of the regular remuneration
5. Health and injury benefits (thru the GSIS)
6. One year study leave (sabbatical leave) after seven years of continuous teaching, the teacher should
receive 60% of the monthly salary.
7. One range salary increase upon retirement (basis computing the retirement fee).
8. Freedom to form organizations.
14. Republic Act No. 1079
Approved on June 15, 1959, it provided that Civil Service eligibility shall be permanent and shall have no time
limit.

15. Republic Act No. 6655

Known as the Free Public Secondary Education Act of 1988, it was approved on May 26, 1988 and
provided for:
a. Free public secondary education to all qualified citizens and promote quality education at all level.
b. No tuition or other fees shall be collected except fees related to membership in the school community such
I.D., student organization and publication.
c. Non- payment of these shall not hinder a student from enrollment or graduation.
d. Nationalization of all public secondary schools ( Section 7)
e. A student who fails in majority of his academic subjects for two consecutive years could no longer avail of
their program.