Some Legal Bases of Philippine Education

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EDUCATIONAL DECREE OF 1863: The decree provided for the establishment of primary school for boys
and girls in each town of the country.
ACT NO. 74 OF 1901: Enacted into law by the Philippine Commission, the Act created the Department of
Public Instruction, laid the foundations of the public school system in the Philippines, provided for the
establishment of the Philippine Normal School in Manila and made English as the medium of instruction.
(In 1949, the Philippine Normal School was made a teachers' college by virtue of RA 416 and, in 1991, it
became a full-pledge university by virtue of RA 7168.)
ACT NO. 1870 OF 1908: The law served as the legal basis for the creation of the University of the
Philippines.
VOCATIONAL ACT OF1927: Also known as Act No. 3377, the Vocational Act as amended by other acts
laid the foundations of vocational education in public schools and made provisions for its support.
EDUCATION ACT OF 1940: Also known as Commonwealth Act No. 586, the Education Act laid the
foundations for the present six-year elementary course and made provisions for its support.
REORGANIZATION ACT OF 1947: The Act placed public and private schools under the supervision and
control of the Bureau of Public and Private Schools.
REPUBLIC ACT 5250 OF 1966: The Act provided the legal basis for the implementation of a ten-year
teacher education program in special education.
DEPARTMENT OF EDUCATION, CULTURE AND SPORTS (DECS) ORDER NO. 25 OF 1974: Popularly
known as the Bilingual Education Program of 1974, the Order required the use of English as medium of
instruction for science and mathematics subjects and the use of Filipino as medium of instruction for all
other subjects in the elementary and high school levels.
PRESIDENTIAL DECREE NO. 1006 OF 1976: The Decree was a legal and formal recognition of teachers
as professionals and teaching as a profession.
REPUBLIC ACT NO. 5698: The Act created the Legal Education Board whose task was to regulate and
improve the quality of law schools in the Philippines in order to stop the increasing number of examinees
who fail to pass the bar examinations given every year.
REPUBLIC ACT 6655 OF 1988: Popularly known as the Free Public Secondary Education Act of 1988,
the Act created a system of free education in public high schools.
DEPARTMENT OF EDUCATION, CULTURE AND SPORTS (DECS) ORDER NO. 49 OF 1992: This
Order serves as the guideline for the selection of honor students in all public and private high schools. All
these schools were required to choose one (1) "valedictorian" and one (1) "salutatorian," and to set the
limit of the number of "honorable mention" to one percent of the graduating students. The "eligibility
requirements" for becoming an honor student are the following: 1) No grade below 80 in any subject and
no failing grade in any subject in the first two curriculum years; 2) Completed third and fourth year studies
in the same secondary school; 3) Completed the high school curriculum within the prescribed year; 4)
Active membership in two clubs during the third and fourth years in high school; and 5) Conformed to
school rules and policies.
DEPARTMENT OF EDUCATION, CULTURE AND SPORTS (DECS) ORDER NO. 1 OF 1994: This Order
increased the number of school days to 200 days (42 calendar weeks) inclusive of examination days for

public and private schools. (This department order is similar to RA 7791 which increased the number of
school days from 185 to 200 days.
DEPARTMENT OF EDUCATION, CULTURE AND SPORTS (DECS) ORDER NO. 37 OF 1994: The Order
required all grade VI elementary students to take the National Elementary Assessment Test (NEAT) that is
given on the 13th Tuesday following the opening of the school year. The assessment test consists of a
battery of tests of the multiple choice type. There are four subject areas: English, mathematics, science
and heograpiya/kasaysayan/sibika (geography/history/civics).
DEPARTMENT OF EDUCATION, CULTURE AND SPORTS (DECS) ORDER NO. 38 OF 1994: The Order
required all senior high school students to take the National Secondary Assessment Test (NSAT) that is
given on the 13th Friday following the opening of the school year, or three days after the NEAT has been
given. The assessment test consists of a battery of tests and there are four subject areas: English and
Filipino proficiencies, mathematics, vocational aptitude and science & technology. (The test is not a
requirement for college admission.)
REPUBLIC ACT NO. 7731: The Act abolished the National College Entrance Examinations or NCEE to
give the marginalized students a greater chance to gain access to college education.
REPUBLIC ACT NO. 7722: Also known as the Higher Education Act of 1994, the Act created the
Commission on Higher Education (CHED) whose main task is to regulate and develop tertiary education
in the Philippines.
REPUBLIC ACT NO. 7796: Also known as the Technical Education and Skills Development Act (TESDA)
of 1994, the Act's objective was to provide relevant and quality technical education that is accessible to
all and to create the agency that will manage technical education and skills development in the
Philippines.
REPUBLIC ACT NO. 7836 OF 1994: Known as the Philippine Teachers Professionalization Act of 1994,
the Act made it mandatory for people pursuing a career in teaching to take the licensure examinations
that are administered and regulated by the Professional Regulatory Commission.
DEPARTMENT OF EDUCATION (DEPED) ORDER NO. 34 OF 2001: The Order required all public
elementary and high school students to read at least one book in the vernacular and one book in English
per year before they can be promoted to the next higher level.

REFERENCES
Books:
"Foundations Of Education II," San Mateo, Rosalinda A. and Maura G. Tangco, 1997
"Foundations Of Education II," 2nd Ed. San Mateo, Rosalinda A. and Maura G. Tangco, 2003
"Foundations Of Education II," 2005 Reprint, Tulio, Doris, 1999
"The Constitutions Of The Philippines," Anvil Publishing Inc., 2005
"The Constitution Of The Philippines Explained," Revised Ed., 2000 Reprint, Nolledo, Jose N., 1992
Website: Department of Education, Philippines, 2010 Version
Pamphlet: Philippine Constitution

History
From www.deped.gov.ph
Historical Perspective of the Philippine Educational System
Education in the Philippines has undergone several stages of development from the pre-Spanish times to the present.
In meeting the needs of the society, education serves as focus of emphases/priorities of the leadership at certain
periods/epochs in our national struggle as a race.
As early as in pre-Magellanic times, education was informal, unstructured, and devoid of methods. Children were
provided more vocational training and less academics (3 Rs) by their parents and in the houses of tribal tutors.
The pre-Spanish system of education underwent major changes during the Spanish colonization. The tribal tutors
were replaced by the Spanish Missionaries. Education was religion-oriented. It was for the elite, especially in the early
years of Spanish colonization. Access to education by the Filipinos was later liberalized through the enactment of the
Educational Decree of 1863 which provided for the establishment of at least one primary school for boys and girls in
each town under the responsibility of the municipal government; and the establishment of a normal school for male
teachers under the supervision of the Jesuits. Primary instruction was free and the teaching of Spanish was
compulsory. Education during that period was inadequate, suppressed, and controlled.
The defeat of Spain by American forces paved the way for Aguinaldo's Republic under a Revolutionary Government.
The schools maintained by Spain for more than three centuries were closed for the time being but were reopened on
August 29, 1898 by the Secretary of Interior. The Burgos Institute in Malolos, the Military Academy of Malolos, and
the Literary University of the Philippines were established. A system of free and compulsory elementary education
was established by the Malolos Constitution.
An adequate secularized and free public school system during the first decade of American rule was established upon
the recommendation of the Schurman Commission. Free primary instruction that trained the people for the duties of
citizenship and avocation was enforced by the Taft Commission per instructions of President McKinley. Chaplains and
non-commissioned officers were assigned to teach using English as the medium of instruction.
A highly centralized public school system was installed in 1901 by the Philippine Commission by virtue of Act No. 74.
The implementation of this Act created a heavy shortage of teachers so the Philippine Commission authorized the
Secretary of Public Instruction to bring to the Philippines 600 teachers from the U.S.A. They were the Thomasites.
Year

Official Name of Department

Official Titular Head

Legal Bases

1863

Superior Commission of Primary Instruction

Chairman

Educational Decree of 1863

1901-1916

Department of Public Instruction

General

Act. No. 74 of the Philippine Commission, Jan. 21, 1901

Superintendent
1916-1942

Department of Public Instruction

Secretary

Organic Act Law of 1916 (Jones Law)

1942-1944

Department of Education, Health and Public

Commissioner

Welfare
1944

Department of Education, Health and Public

Renamed by the Japanese Executive Commission, June 11,

1942

Minister

Renamed by Japanese Sponsored Philippine Republic

Welfare
1944

Department of Public Instruction

Secretary

Renamed by Japanese Sponsored Philippine Republic

1945-1946

Department of Public Instruction and

Secretary

Renamed by the Commonwealth Government

Information
1946-1947

Department of Instruction

Secretary

Renamed by the Commonwealth Government

1947-1975

Department of Education

Secretary

E.O. No. 94 October 1947 (Reorganization Act of 1947)

1975-1978

Department of Education and Culture

Secretary

Proc. No. 1081, September 24, 1972

1978-1984

Ministry of Education and Culture

Minister

P.D. No. 1397, June 2, 1978

1984-1986

Ministry of Education, Culture and Sports

Minister

Education Act of 1982

1987-1994

Department of Education, Culture and Sports

Secretary

E.O. No. 117. January 30, 1987

1994-2001

Department of Education, Culture and Sports

Secretary

RA 7722 and RA 7796, 1994 Trifocalization of Education

Management

2001 -

Department of Education

Secretary

RA 9155, August 2001 (Governance of Basic Education Act)

present

The high school system supported by provincial governments, special educational institutions, school of arts and
trades, an agricultural school, and commerce and marine institutes were established in 1902 by the Philippine
Commission. In 1908, the Philippine Legislature approved Act No. 1870 which created the University of the
Philippines.
The Reorganization Act of 1916 provided the Filipinization of all department secretaries except the Secretary of Public
Instruction.
Japanese educational policies were embodied in Military Order No. 2 in 1942. The Philippine Executive Commission
established the Commission of Education, Health and Public Welfare and schools were reopened in June 1942. On
October 14, 1943, the Japanese - sponsored Republic created the Ministry of Education. Under the Japanese regime,
the teaching of Tagalog, Philippine History, and Character Education was reserved for Filipinos. Love for work and
dignity of labor was emphasized. On February 27, 1945, the Department of Instruction was made part of the
Department of Public Instruction.

In 1947, by virtue of Executive Order No. 94, the Department of Instruction was changed to Department of Education.
During this period, the regulation and supervision of public and private schools belonged to the Bureau of Public and
Private Schools.
In 1972, it became the Department of Education and Culture by virtue of Proclamation 1081 and the Ministry of
Education and Culture in 1978 y virtue of P.D. No. 1397. Thirteen regional offices were created and major
organizational changes were implemented in the educational system.
The Education Act of 1982 created the Ministry of Education, Culture and Sports which later became the Department
of Education, Culture and Sports in 1987 by virtue of Executive Order No. 117. The structure of DECS as embodied
in EO No. 117 has practically remained unchanged until 1994 when the Commission on Higher Education (CHED),
and 1995 when the Technical Education and Skills Development Authority (TESDA) were established to supervise
tertiary degree programs and non-degree technical-vocational programs, respectively.
The Congressional Commission on Education (EDCOM) report provided the impetus for Congress to pass RA 7722
and RA 7796 in 1994 creating the Commission on Higher Education (CHED) and the Technical Education and Skills
Development Authority (TESDA), respectively.
The trifocal education system refocused DECS mandate to basic education which covers elementary, secondary and
nonformal education, including culture and sports. TESDA now administers the post-secondary, middle-level
manpower training and development while CHED is responsible for higher education.
In August 2001, Republic Act 9155, otherwise called the Governance of Basic Education Act, was passed
transforming the name of the Department of Education, Culture and Sports (DECS) to the Department of Education
(DepEd) and redefining the role of field offices (regional offices, division offices, district offices and schools). RA 9155
provides the overall framework for (i) school head empowerment by strengthening their leadership roles and (ii)
school-based management within the context of transparency and local accountability. The goal of basic education is
to provide the school age population and young adults with skills, knowledge, and values to become caring, selfreliant, productive and patriotic citizens.
DepEd Management Structure
To carry out its mandates and objectives, the Department is organized into two major structural components. The
Central Office maintains the overall administration of basic education at the national level. The Field Offices are
responsible for the regional and local coordination and administration of the Departments mandate. RA 9155
provides that the Department should have no more than four Undersecretaries and four Assistant Secretaries with at
least one Undersecretary and one Assistant Secretary who are career service officers chosen among the staff of the
Department. (See DepEd Organizational Chart.)
At present, the Department operates with four Undersecretaries in the areas of: (1) Programs and Projects; (2)
Regional Operations; (3) Finance and Administration; and (4) Legal Affairs; four Assistant Secretaries in the areas of:
(1) Programs and Projects; (2) Planning and Development; (3) Budget and Financial Affairs; and (4) Legal Affairs.
Backstopping the Office of the Secretary at the Central Office are the different services, bureaus and centers. The five
services are the Administrative Service, Financial and Management Service, Human Resource Development Service,

Planning Service, and Technical Service. Three staff bureaus provide assistance in formulating policies, standards,
and programs related to curriculum and staff development. These are the Bureau of Elementary Education (BEE),
Bureau of Secondary Education (BSE), and the Bureau of Nonformal Education (BNFE). By virtue of Executive Order
No. 81 series of 1999, the functions of a fourth bureau, the Bureau of Physical Education and School Sports
(BPESS), were absorbed by the Philippine Sports Commission (PSC) last August 25, 1999.
Six centers or units attached to the Department similarly provide technical and administrative support towards the
realization of the Departments vision. These are the National Education Testing and Research Center (NETRC),
Health and Nutrition Center (HNC), National Educators Academy of the Philippines (NEAP), Educational
Development Projects Implementing Task Force (EDPITAF), National Science Teaching Instrumentation Center
(NSTIC), and Instructional Materials Council Secretariat (IMCS). There are four special offices under OSEC: the
Adopt-a-School Program Secretariat, Center for Students and Co-curricular Affairs, Educational Technology Unit, and
the Task Force Engineering Assessment and Monitoring.
Other attached and support agencies to the Department are the Teacher Education Council (TEC), Philippine High
School for the Arts, Literacy Coordinating Council (LCC), and the Instructional Materials Council (IMC).
At the sub-national level, the Field Offices consist of the following:
1.

Sixteen (16) Regional Offices, including the Autonomous Region in Muslim Mindanao (ARMM*), each
headed by a Regional Director (a Regional Secretary in the case of ARMM);

2.

One hundred fifty-seven (157) Provincial and City Schools Divisions, each headed by a Schools Division
Superintendent. Assisting the Schools Division Offices are 2,227 School Districts, each headed by a District
Supervisor;

3.

Under the supervision of the Schools Division Offices are forty-eight thousand, four hundred forty-six (48,
446) schools, broken down as follows:

1.

40,763 elementary schools (36,234 public and 4,529 private)

2.

7,683 secondary schools (4,422 public and 3,261 private)

Legend:
* ARMM is included in the budget of the Department on the following:
Creation of teaching and non-teaching positions;
Funding for newly-legislated high schools;
Regular School Building Program; and
Certain foreign-assisted and locally-funded programs and projects.

CODE OF ETHICS FOR PROFESSIONAL TEACHERS

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Pursuant to the provisions of paragraph (e), Article 11, of R.A. No. 7836, otherwise known
as the Philippine Teachers Professionalization Act of 1994 and paragraph (a), section 6, P.D.
No. 223, as amended, the Board for Professional Teachers hereby adopt the Code of Ethics
for Professional Teachers.
Preamble
Teachers are duly licensed professionals who possesses dignity and reputation with high
moral values as well as technical and professional competence in the practice of their noble
profession, and they strictly adhere to, observe, and practice this set of ethical and moral
principles, standards, and values.
Article I: Scope and Limitations
Section 1. The Philippine Constitution provides that all educational institution shall offer
quality education for all competent teachers. Committed to its full realization, the provision
of this Code shall apply, therefore, to all teachers in schools in the Philippines.
Section 2. This Code covers all public and private school teachers in all educational
institutions at the preschool, primary, elementary, and secondary levels whether academic,
vocational, special, technical, or non-formal. The term teacher shall include
industrial arts or vocational teachers and all other persons performing supervisory and /or
administrative functions in all school at the aforesaid levels, whether on full time or parttime basis.
Article II: The Teacher and the State
Section 1. The schools are the nurseries of the future citizens of the state; each teacher is a
trustee of the cultural and educational heritage of the nation and is under obligation to
transmit to learners such heritage as well as to elevate national morality, promote national
pride, cultivate love of country, instill allegiance to the constitution and for all duly
constituted authorities, and promote obedience to the laws of the state.
Section 2. Every teacher or school official shall actively help carry out the declared policies
of the state, and shall take an oath to this effect.
Section 3. In the interest of the State and of the Filipino people as much as of his own,
every teacher shall be physically, mentally and morally fit.
Section 4. Every teacher shall possess and actualize a full commitment and devotion to
duty.
Section 5. A teacher shall not engage in the promotion of any political, religious, or other
partisan interest, and shall not, directly or indirectly, solicit, require, collect, or receive any
money or service or other valuable material from any person or entity for such purposes.
Section 6. Every teacher shall vote and shall exercise all other constitutional rights and
responsibility.

Section 7. A teacher shall not use his position or official authority or influence to coerce any
other person to follow any political course of action.
Section 8. Every teacher shall enjoy academic freedom and shall have privilege of
expounding the product of his researches and investigations; provided that, if the results
are inimical to the declared policies of the State, they shall be brought to the proper
authorities for appropriate remedial action.
Article III: The Teacher and the Community
Section 1. A teacher is a facilitator of learning and of the development of the youth; he
shall, therefore, render the best service by providing an environment conducive to such
learning and growth.
Section 2. Every teacher shall provide leadership and initiative to actively participate in
community movements for moral, social, educational, economic and civic betterment.
Section 3. Every teacher shall merit reasonable social recognition for which purpose he shall
behave with honor and dignity at all times and refrain from such activities as gambling,
smoking, drunkenness, and other excesses, much less illicit relations.
Section 4. Every teacher shall live for and with the community and shall, therefore, study
and understand local customs and traditions in order to have sympathetic attitude,
therefore, refrain from disparaging the community.
Section 5. Every teacher shall help the school keep the people in the community informed
about the schools work and accomplishments as well as its needs and problems.
Section 6. Every teacher is intellectual leader in the community, especially in the barangay,
and shall welcome the opportunity to provide such leadership when needed, to extend
counseling services, as appropriate, and to actively be involved in matters affecting the
welfare of the people.
Section 7. Every teacher shall maintain harmonious and pleasant personal and official
relations with other professionals, with government officials, and with the people,
individually or collectively.
Section 8. A teacher posses freedom to attend church and worships as appropriate, but shall
not use his positions and influence to proselyte others.
Article IV: A Teacher and the Profession
Section 1. Every teacher shall actively insure that teaching is the noblest profession, and
shall manifest genuine enthusiasm and pride in teaching as a noble calling.
Section 2. Every teacher shall uphold the highest possible standards of quality education,
shall make the best preparations for the career of teaching, and shall be at his best at all
times and in the practice of his profession.
Section 3. Every teacher shall participate in the Continuing Professional Education (CPE)
program of the Professional Regulation Commission, and shall pursue such other studies as
will improve his efficiency, enhance the prestige of the profession, and strengthen his
competence, virtues, and productivity in order to be nationally and internationally
competitive.

Section 4. Every teacher shall help, if duly authorized, to seek support from the school, but
shall not make improper misrepresentations through personal advertisements and other
questionable means.
Section 5. Every teacher shall use the teaching profession in a manner that makes it
dignified means for earning a descent living.
Article V: The Teachers and the Profession
Section 1. Teachers shall, at all times, be imbued with the spirit of professional loyalty,
mutual confidence, and faith in one another, self-sacrifice for the common good, and full
cooperation with colleagues. When the best interest of the learners, the school, or the
profession is at stake in any controversy, teachers shall support one another.
Section 2. A teacher is not entitled to claim credit or work not of his own, and shall give due
credit for the work of others which he may use.
Section 3. Before leaving his position, a teacher shall organize for whoever assumes the
position such records and other data as are necessary to carry on the work.
Section 4. A teacher shall hold inviolate all confidential information concerning associates
and the school, and shall not divulge to anyone documents which has not been officially
released, or remove records from files without permission.
Section 5. It shall be the responsibility of every teacher to seek correctives for what may
appear to be an unprofessional and unethical conduct of any associate. However, this may
be done only if there is incontrovertible evidence for such conduct.
Section 6. A teacher may submit to the proper authorities any justifiable criticism against an
associate, preferably in writing, without violating the right of the individual concerned.
Section 7. A teacher may apply for a vacant position for which he is qualified; provided that
he respects the system of selection on the basis of merit and competence; provided, further,
that all qualified candidates are given the opportunity to be considered.
Article VI: The Teacher and Higher Authorities in the Profession
Section 1. Every teacher shall make it his duty to make an honest effort to understand and
support the legitimate policies of the school and the administration regardless of personal
feeling or private opinion and shall faithfully carry them out.
Section 2. A teacher shall not make any false accusations or charges against superiors,
especially under anonymity. However, if there are valid charges, he should present such
under oath to competent authority.
Section 3. A teacher shall transact all official business through channels except when special
conditions warrant a different procedure, such as when special conditions are advocated but
are opposed by immediate superiors, in which case, the teacher shall appeal directly to the
appropriate higher authority.
Section 4. Every teacher, individually or as part of a group, has a right to seek redress
against injustice to the administration and to extent possible, shall raise grievances within
acceptable democratic possesses. In doing so, they shall avoid jeopardizing the interest and

the welfare of learners whose right to learn must be respected.

Section 5. Every teacher has a right to invoke the principle that appointments, promotions,
and transfer of teachers are made only on the basis of merit and needed in the interest of
the service.
Section 6. A teacher who accepts a position assumes a contractual obligation to live up to
his contract, assuming full knowledge of employment terms and conditions.
Article VII: School Officials, Teachers, and Other Personnel
Section 1. All school officials shall at all times show professional courtesy, helpfulness and
sympathy towards teachers and other personnel, such practices being standards of effective
school supervision, dignified administration, responsible leadership and enlightened
directions.
Section 2. School officials, teachers, and other school personnel shall consider it their
cooperative responsibility to formulate policies or introduce important changes in the system
at all levels.
Section 3. School officials shall encourage and attend the professional growth of all teachers
under them such as recommending them for promotion, giving them due recognition for
meritorious performance, and allowing them to participate in conferences in training
programs.
Section 4. No school officials shall dismiss or recommend for dismissal a teacher or other
subordinates except for cause.
Section 5. School authorities concern shall ensure that public school teachers are employed
in accordance with pertinent civil service rules, and private school teachers are issued
contracts specifying the terms and conditions of their work; provided that they are given, if
qualified, subsequent permanent tenure, in accordance with existing laws.
Article VIII: The Teachers and Learners
Section 1. A teacher has a right and duty to determine the academic marks and the
promotions of learners in the subject or grades he handles, provided that such
determination shall be in accordance with generally accepted procedures of evaluation and
measurement. In case of any complaint, teachers concerned shall immediately take
appropriate actions, observing due process.
Section 2. A teacher shall recognize that the interest and welfare of learners are of first and
foremost concern, and shall deal justifiably and impartially with each of them.
Section 3. Under no circumstance shall a teacher be prejudiced or discriminate against a
learner.
Section 4. A teacher shall not accept favors or gifts from learners, their parents or others in
their behalf in exchange for requested concessions, especially if undeserved.
Section 5. A teacher shall not accept, directly or indirectly, any remuneration from tutorials
other what is authorized for such service.
Section 6. A teacher shall base the evaluation of the learners work only in merit and

quality of academic performance.

Section 7. In a situation where mutual attraction and subsequent love develop between
teacher and learner, the teacher shall exercise utmost professional discretion to avoid
scandal, gossip and preferential treatment of the learner.
Section 8. A teacher shall not inflict corporal punishment on offending learners nor make
deductions from their scholastic ratings as a punishment for acts which are clearly not
manifestation of poor scholarship.
Section 9. A teacher shall ensure that conditions contribute to the maximum development of
learners are adequate, and shall extend needed assistance in preventing or solving
learners problems and difficulties.
Article IX: The Teachers and Parents
Section 1. Every teacher shall establish and maintain cordial relations with parents, and
shall conduct himself to merit their confidence and respect.
Section 2. Every teacher shall inform parents, through proper authorities, of the progress
and deficiencies of learner under him, exercising utmost candor and tact in pointing out the
learner's deficiencies and in seeking parents cooperation for the proper guidance and
improvement of the learners.
Section 3. A teacher shall hear parents complaints with sympathy and understanding,
and shall discourage unfair criticism.
Article X: The Teacher and Business
Section 1. A teacher has the right to engage, directly or indirectly, in legitimate income
generation; provided that it does not relate to or adversely affect his work as a teacher.
Section 2. A teacher shall maintain a good reputation with respect to the financial matters
such as in the settlement of his debts and loans in arranging satisfactorily his private
financial affairs.
Section 3. No teacher shall act, directly or indirectly, as agent of, or be financially interested
in, any commercial venture which furnish textbooks and other school commodities in the
purchase and disposal of which he can exercise official influence, except only when his
assignment is inherently, related to such purchase and disposal; provided they shall be in
accordance with the existing regulations; provided, further, that members of duly
recognized teachers cooperatives may participate in the distribution and sale of such
commodities.
Article XI: The Teacher as a Person
Section 1. A teacher is, above all, a human being endowed with life for which it is the
highest obligation to live with dignity at all times whether in school, in the home, or
elsewhere.
Section 2. A teacher shall place premium upon self-discipline as the primary principle of
personal behavior in all relationships with others and in all situations.
Section 3. A teacher shall maintain at all times a dignified personality which could serve as a
model worthy of emulation by learners, peers and all others.

Section 4. A teacher shall always recognize the Almighty God as guide of his own destiny
and of the destinies of men and nations.
Article XII: Disciplinary Actions
Section 1. Any violation of any provision of this code shall be sufficient ground for the
imposition against the erring teacher of the disciplinary action consisting of revocation of his
Certification of Registration and License as a Professional Teacher, suspension from the
practice of teaching profession, or reprimand or cancellation of his temporary/special permit
under causes specified in Sec. 23, Article III or R.A. No. 7836, and under Rule 31, Article
VIII, of the Rules and Regulations Implementing R.A. 7836.
Article XIII: Effectivity
Section 1. This Code shall take effect upon approval by the Professional Regulation
Commission and after sixty (60) days following its publication in the Official Gazette or any
newspaper of general circulation, whichever is earlier.

RULES IMPLEMENTING THE CODE OF CONDUCT AND ETHICAL

STANDARDS FOR PUBLIC OFFICIALS AND EMPLOYEES
(REPUBLIC ACT NO. 6713)
From http://www.dti.gov.ph/uploads/DownloadableForms/Implementing%20Rules%20of
%20RA%206713.pdf

Pursuant to the provisions of Section 12 of Republic Act No. 6713, otherwise

known as the Code of Conduct and Ethical Standards for Public Officials and
Employees, approved on February 20, 1989, and which took effect on March 25, 1989,
conformably to Section 17 thereof, the following Rules are hereby adopted in order to
carry out the provisions of the said Code:
Rule I
Coverage
Section 1. These rules shall cover all officials and employees in the government,
elective and appointive, permanent or temporary, whether in the career or non-career
service, including military and police personnel, whether or not they receive
compensation, regardless of amount.
Rule II

Interpretation
Section 1. These Rules shall be interpreted in the light of the Declaration of
Policy found in Section 2 of the Code:
It is the policy of the State to promote a high standard of ethics in public service.
Public officials and employees shall at all times be accountable to the people and shall
discharge their duties with utmost responsibility, integrity, competence and loyalty, act
with patriotism and justice, lead modest lives, and uphold public interest over personal
interest
Rule III
Reforms on Public Administrative Systems
Section 1. Every department, office and agency shall, as soon as practicable and
in no case later than ninety (90) days from the effectivity of these Rules, start conducting
value development programs for its officials and employees in order to strengthen their
commitment to public service and help promote the primacy of public interest over
personal interest in the performance of their duties. Such programs and other parallel
efforts on value development shall include, among other things, the following subject:
a) Ethical and moral values;
b) Rights, duties and responsibilities of public servants;
c) Nationalism and patriotism;
d) Justice and human rights;
e) Democracy in a free and just society;
30f) Philippine history, culture and tradition; and
g) Socio-economic conditions prevailing in the country, especially in the
depressed areas, and the need for a Code of Conduct and Ethical Standards.
Continuing refresher courses and seminars and/or workshops to promote a high
standard of ethics in public service shall be conducted.
Section 2. Professional, scientific, technical trainings and education programs
shall enhance to the highest degree, professionalism, excellence, intelligence and skills in
the performance and discharge of duties and responsibilities of officials and employees.
These programs shall be conducted in all offices of the government and may include
subjects that are enumerated in the preceding section.

Section 3. It is the responsibility of every head of department, office and agency

to ensure that officials and employees attend the value development program and
participate in parallel value development efforts.
Section 4. Every department office and agency shall conduct continuing studies
and analyses of their work systems and procedures to improve delivery of public
services. Towards this end, such studies and analyses shall: (1) identify systems and
procedures that lead or contribute to negative bureaucratic behavior; (2) simplify rules
and procedures to avoid red tape; and (3) devise or adopt systems and procedures that
promote official and employee morale and satisfaction.
Each department, office or agency shall develop a service guide or its functional
equivalent which shall be regularly updated and made available to the transacting
public. A workflow chart showing procedures or flow of documents shall likewise be
posted in conspicuous places in the department, office or agency for the informations
and guidance of all concerned.
Upon request, the Department of Budget and Management shall assist
departments, offices and agencies in the evaluation and adoption of work systems and
procedures that will institutionalize a management climate conducive to public
accountability.
Section 5. Every department, office and agency shall consult the public they
serve for the purpose of gathering feedback and suggestions on the efficiency,
effectiveness and economy of services. They shall establish mechanism to ensure the
conduct of public consultation and hearings.
Section 6. Every department, office and agency shall continuously conduct
research and experimentation on measures and adopt innovative programs which will
provide motivation to officials and employees in raising the level of observance of public
service ethical standards.
Section 7. Every department, office and agency shall, in consultation with the
Office of the Ombudsman, appoint or designate a Resident Ombudsman who shall act
immediately on all request for public assistance referred to him by the Ombudsman and
his Deputies. He shall be held accountable for the disposition of all requests for
assistance. .

Section 8. Government officials shall make themselves available to their staff for
consultation and dialogues.
31Rule IV
Transparency of Transaction and Access to Information
Section 1. Subject to reasonable conditions prescribed by law, the State adopts
and implements a policy of full public disclosure of all its transactions involving public
interest.
Section 2. It is the responsibility of heads of departments, offices and agencies to
establish measures and standards that will ensure transparency of and openness in
public transactions in their respective offices, such as in biddings, purchases, other
financial transactions including contracts, status of projects, and all other matters
involving public interest.
They shall establish information system that will inform the public of the
following: (a) policies, rules, and procedures; (b) work programs, projects, and
performance targets; (c) performance reports; and (d) all other documents as may
hereafter be classified as public information.
Such public information shall be utilized solely for the purpose of informing the
public of such policies, programs and accomplishments, and not to build the public
image of any official or employee or to advance his own personal interest.
Section 3. Every department, office or agency shall provide official information,
records or documents to any requesting public, except if:
(a) such information, record or document must be kept secret in the interest of
national defense or security or the conduct of foreign affairs;
(b) such disclosure would put the life and safety of an individual in imminent
danger;
(c) the information, record or document sought falls within the concepts of
established privilege or recognized exceptions as may be provided by law or
settled policy or jurisprudence;
(d) such information, record or document comprises drafts of decisions, orders,
rulings, policy decisions, memoranda, etc.;
(e) it would disclose information of a personal nature where disclosure would

constitute a clearly unwarranted invasion of personal privacy;

(f) it would disclose investigatory records compiled for law enforcement
purposes or information which if written would be contained in such
records, but only to the extent that the production of such records or
information would (i) interfere with enforcement proceedings, (ii) deprive a
person of a right to a fair trial or an impartial adjudication, (iii) disclose the
identity of a confidential source and in the case of a record compiled by a
criminal law enforcement authority in the course of a criminal investigation,
or by an agency conducting a lawful national security intelligence
investigation, confidential information furnished only by the confidential
32source, or (iv) unjustifiably disclose investigative techniques and procedures;
or
(g) it would disclose information the premature disclosure of which would (i) in the case of a
department, office or agency which agency regulates currencies,
securities, commodities, or financial institutions, be likely to lead to
significant financial speculation in currencies, securities, or commodities, or
significantly endanger the stability of any financial institution; or (ii) in the
case of any department, office or agency be likely or significantly to frustrate
implementation of a proposed official action, except that subparagraph (f) (ii)
shall not apply in any instance where the department, office or agency has
already disclosed to the public the content or nature of its proposed action,
or where the department, office or agency is required by law to make such
disclosure on its own initiative prior to taking final official action on such
proposal.
Section 4. Every head of department, office and agency shall establish information systems
and networks that will effect the widest possible dissemination of
information regarding the provisions of the Code, and the policies and programs relative
thereto.
Rule V
Incentives and Rewards System
Section 1. Incentives and rewards shall be granted officials and employees who have
demonstrated exemplary service and conduct on the basis of their observance of

the norms of conduct laid down in Section 4 of the Code, namely:

(a) Commitment to public interest Officials and employees shall always uphold the public
interest over personal interest. All government resources and
powers of their respective departments, offices and agencies must be
employed and used efficiently, effectively, honestly and economically,
particularly to avoid wastage in public funds and revenues.
(b) Professionalism Officials and employees shall perform and discharge their duties with
the highest degree of excellence, professionalism, intelligence
and skill. They shall enter public service with utmost devotion and
dedication to duty. They shall endeavor to discourage wrong perceptions of
their roles as dispensers or peddlers of undue patronage.
(c) Justness and sincerity Officials and employees shall remain true to the people at all
times. They must act with justness and sincerity and shall not
discriminate against anyone, especially the poor and the underprivileged.
They shall at all times respect the rights of others, and shall refrain from
doing acts contrary to law, good morals, good customs, public policy, public
order, public safety and public interest. They shall not dispense or extend
undue favors on account of their office to their relatives, whether by
consanguinity or affinity, except with respect to appointments of such
relatives to positions considered strictly confidential or as members of their
personal staff whose terms are coterminous with theirs.
(d) Political neutrality Officials and employees shall provide service to everyone without
unfair discrimination regardless of party affiliation or preference.
(e) Responsiveness to the public Officials and employees shall extend prompt, courteous,
and adequate service to the public. Unless otherwise provided by
law or when required by the public interest, officials and employees shall
provide information on their policies and procedures in clear and
understandable language, ensure openness of information, public
33consultations and hearings whenever appropriate, encourage suggestions,
simplify and systematize policy, roles and procedures, avoid red tape and
develop an understanding and appreciation of the socio-economic conditions
prevailing in the country, especially in the depressed rural and urban areas.

(f) Nationalism and patriotism Officials and employees shall at all times be loyal to the
Republic and to the Filipino people, promote the use of locally
produced goods, resources and technology and encourage appreciation and
pride of country and people. They shall endeavor to maintain and defend
Philippine sovereignty against foreign intrusion.
(g) Commitment to democracy Officials and employees shall commit themselves to the
democratic way of life and values, maintain the principle of public
accountability and manifest by deeds the supremacy of civilian authority
over the military. They shall at all times uphold the Constitution and put
loyalty to country above loyalty to persons or party.
(h) Simple living Officials and employees and their families shall lead modest lives
appropriate to their positions and income. They shall not indulge in
extravagant or ostentatious display of wealth in any form.
Section 2. The following criteria shall be considered in the conferment of awards:
(a) Years of service;
(b) Quality and consistency of performance;
(c) Obscurity of the position;
(d) Level of salary;
(e) Unique and exemplary quality of achievement;
(f) Risk or temptation inherent in the work; and
(g) Any similar circumstances or considerations in favor of the particular awardee
Section 3. Incentives and rewards to government officials and employees of the year may
take the form of any of the following, as may be determined by the Committee
on Awards established under the Code:
(a) Bonuses; or
(b) Citations; or
(c) Directorships in government-owned or controlled corporations; or
(d) Local and foreign scholarship grants; or
(e) Paid vacations; and
(f) Automatic promotion to the next higher positions suitable to his qualifications and with
commensurate salary: provided, that if there is no
next higher position or it is not vacant, said position shall be included in the
next budget of the office; except when the creation of a new position will

result in distortion in the organizational structure of the department, office or

agency. Where there is no next higher position immediately available, a
salary increase equivalent to the next higher position shall be given and
incorporated in the base pay. When a new position is created, that which is
vacated shall be deemed abolished.
The grants of awards shall be governed by the merit, and fitness principle.
Section 4. (a) The system shall be administered by a Committee on Awards for Outstanding
Public Officials and employees composed of :
34(1) Ombudsman Co-Chairman
(2) Chairman, CSC Co-Chairman
(3) Chairman, COA Member
(4) Two (2) Government
Employees to be appointed
by the President Members
b) For this purpose, the Committee shall perform the following functions and
responsibilities:
(1) Conduct a periodic, continuing review of performance of officials and employees in all
departments, offices and agencies;
(2) Establish a system of annual incentives and rewards to the end that due recognition is
given to officials and employees of outstanding merit on
the basis of standards set forth in Section 2, Rule V hereof;
(3) Determine the form of rewards to be granted;
(4) Formulate and adopt its own rules to govern the conduct of its activities,
which shall include guidelines for evaluating nominees, the mechanism
for recognizing the awardees in public ceremonies and the creation of
sub-committees;
c) In the evaluation of nominees, the Committee may be assisted by technical
experts selected from the government and the private sectors.
Section 5. The Civil Service Commission shall provide secretariat service to the
Committee.
Section 6. Nothing herein provided shall inhibit any department, office or
agency from instituting its own rewards program in addition to those provided by, but

not inconsistent with, these rules.

Section 7. The budget to cover all expenses in the implementation of this Rule
shall be incorporated in the appropriations of the Civil Service Commission.
Rule VI
Duties of Public Officials and Employees
Section 1. As a general rule, when a request or petition, whether written or
verbal, can be disposed of promptly and expeditiously, the official or employee in charge
to whom the same is presented shall do so immediately, without discrimination, and in
no case beyond fifteen (15) days from receipt of the request or petition.
35Section 2. In departments, offices or agencies that are usually swamped with
persons calling for a particular type of service, the head of the department, office or
agency shall devise a mechanism so as to avoid long queues such as by giving each
person a ticket number duly countersigned which shall specify the time and the date
when the person, whose name and address shall be indicated, can be served without
delay. Said person shall have the right to prompt service upon presentation of said ticket
number.
Section 3. In case of written requests, petitions or motions, sent by means of
letters, telegrams, or the like, the official or employee in charge shall act on the same
within fifteen (15) working days from receipt thereof, provided that:
(a) If the communication is within the jurisdiction of the office or agency, the
official or employee must:
(1) Write a note or letter of acknowledgement where the matter is merely
routinary or the action desired may be acted upon in the ordinary course
of business of the department, office or agency, specifying the date when
the matter will be disposed of and the name of the official or employee in
charge thereof.
(2) Where the matter is non-routinary or the issues involved are not simple
or ordinary, write a note or letter of acknowledgement, informing the
interested party, petitioner or correspondent of the action to be taken or
when such requests, petitions or motions can be acted upon. Where there
is a need to submit additional information, requirements, or documents,

the note or letter of acknowledgment shall so state, specifying reasonable

period of time within which they should be submitted, and the name of
the particular official or employee in charge thereof. When all the
documents or requirements have been submitted to the satisfaction of the
department, or office of agency concerned, the particular official or
employee in charge shall inform the interested party, petitioner, or
correspondent of the action to be taken and when such action or
disposition can be expected, barring unforeseen circumstances.
(b) If communication is outside its jurisdiction, the official or employee must:
(1) Refer the letter, petition, telegram, or verbal request to the proper
department, office or agency.
(2) Acknowledge the communication by means of note or letter, informing
the interested party, petitioner, or correspondent of the action taken and
attaching a copy of the letter of referral to the proper department, office
or agency.
The department, office and agency to which the letter, petition, telegram or
verbal request was referred for appropriate action must take action in accordance with
subsection (a), pars. 1 & 2 hereof.
The period of fifteen (15) days herein provided shall be counted from date of
receipt of the written or verbal communication by the department, office or agency
concerned.
36Section 4. All official papers and documents must be processed and completed
within a reasonable time from the preparation thereof. Reasonable time shall be
determined in accordance with the following rules:
a) When the law or the applicable rule issued in accordance therewith prescribes
a period within which a decision is to be rendered or an action taken, the same shall be
followed.
b) When the law or the applicable rule issued in accordance therewith does not
prescribe a period, the head of the department, office or agency shall issue rules and
regulations prescribing, among other things, what is reasonable time, taking into account
the following factors:

(1) Nature, simplicity or complexity of the subject matter of the official

papers or documents processed by said department, office or agency;
(2) Completeness or inadequacy of requirements or of data and information
necessary for decision or action;
(3) Lack of resources caused by circumstances beyond the control of the
department, office or agency or official or employee concerned;
(4) Legal constraints such as restraining orders and injunctions issued by
proper judicial, quasi-judicial or administrative authorities;
(5) Fault, failure or negligence of the party concerned which renders decision
or action not possible or premature; and
(6) Fortuitous events or force majeure.
Section 5. Except as otherwise provided by law or regulation, and as far as
practicable, any written action or decision must contain not more than three (3) initials or
signatures. In the absence of the duly authorized signatory, the official next-in-rank or
officer-in-charge or the person duly authorized shall sign for and in his behalf.
The head of the department, office or agency shall prescribe, through an
appropriate office order, the rules on the proper authority to sign in the absence of the
regular signatory, as follows:
(1) If there is only one official next in rank, he shall automatically be the signatory.
(2) If there are two or more officials next in rank, the appropriate office order shall
prescribe the order of priority among the officials next in rank within the same
organizational unit; or
(3) If there is no official next in rank present and available, the head of the
department, office or agency shall designate an officer-in-charge from among
those next lower in rank in the same organizational unit.
37Section 6. All public documents must be made accessible to, and readily available for
inspection by, the public during office hours, except those provided in
Section 3, Rule IV.
Section 7. All heads or other responsible officers of departments, offices and agencies of the
government and government-owned or controlled corporation shall,
within forty five (45) working days from the end of the year, render a full and complete
report of performance and accomplishments, as prescribed by existing laws and

regulations.
Another report of compliance with the provisions of the Code and these Rules shall be
prepared and submitted to the Civil Service Commission. The Commission may
require officials to provide additional information or furnish documents, if necessary.
Section 8. Officials and employees and their families shall lead modest and simple lives
appropriate to their position and income. They shall not indulge in
extravagant or ostentatious display of wealth in any form.
Basically, modest and simple living means maintaining a standard of living within the public
official or employees visible means of income as correctly disclosed in
his income tax returns, annual statement of assets, liabilities and net worth and other
documents relating to financial and business interests and connections.
Public funds and property for official use and purpose shall be utilized with the diligence of a
good father of a family.
Rule VII
Public Disclosure
Section 1. Every official and employee, except those who serve in an official honorary
capacity, without service credit or pay, temporary laborers and casual or
temporary and contractual workers, shall file under oath their statements of assets,
liabilities and networth and a disclosure of business interest and financial connections
including those of their spouses and unmarried children under eighteen (18) years of age
living in their households, in the prescribed form, Annex A.
a) Contents of Statement
1) The Statements of Assets and Liabilities and Net Worth shall contain
information on the following:
(a) real property, its improvements, acquisition costs, assessed value,
and current fair market value;
(b) personal property and acquisition cost;
(c) all other assets such as investments, cash on hand or in banks,
stock, bonds , and the like; and
(d) all financial liabilities, both current and long term.
2) The Disclosure of Business Interest and Financial Connections shall contain information
on any existing interest in, or any existing connection
with, any business enterprises or entities, whether as proprietor, investor,

38promoter, partner, shareholder, officer, managing director, executive,

creditor, lawyer, legal consultant or adviser, financial or business
consultant, accountant, auditor, and the like, the name and addresses of
the business enterprises or entities, the dates when such interests or
connections were established, and such other details as will show the
nature of the interests of connections.
b) When to File
The above documents under the Code must be filed:
(1) Within thirty (30) days after assumption of office, statements of which
must be reckoned as of his first day of service.
(2) On or before April 30 of every year thereafter, statements of which must
be reckoned as of the end of the preceding year; or
(3) Within thirty (30) days after separation from the service, statements of
which must be reckoned as of his last day of office.
c) Where to File
The Statements of Assets, Liabilities and Net Worth and the Disclosure of
Business Interest and Financial Connections shall be filed by the:
(1) President, Vice-President and Constitutional Officials, with the National
Office of the Ombudsman;
(2) Senators and Congressmen, with the Secretaries of the Senate and the
House of Representatives, respectively; Justices, with the Clerk of Court
of the Supreme Court; Judges, with the Court Administrator; and
national executive officials such as Members of the Cabinet,
Undersecretaries and Assistant Secretaries, including the foreign service
and heads of government-owned or controlled corporations with original
charters and their subsidiaries and state colleges and universities with
the Office of the President;
(3) Regional and local officials and employees, both appointive and elective,
including other officials and employees of government-owned or
controlled corporations and their subsidiaries and state colleges and
universities, with the Deputy Ombudsman in their respective regions;

(4) Officers of the Armed Forces from the rank of Colonel or Naval Captain,
with the Office of the President, and those below said ranks, with the
Deputy Ombudsman in their respective regions;
(5) All other officials and employees defined in Republic Act No. 3019, as
amended with the Civil Service Commission.
A copy of said statements shall also be filed with their respective departments,
offices or agencies.
39(d) All Statements of Assets, Liabilities and Networth, as of December 31,1998, now
on file with their respective agencies shall constitute sufficient compliance with the
requirements of the Code and they shall be required to accomplish and file the new form
as prescribed in these Rules on or before April 30,1990, and every year thereafter.
(e) Every official and employee shall also execute , within thirty (30) days from date
of their assumption of office, the necessary authority in favor of the Ombudsman to
obtain, from all the appropriate government agencies, including the Bureau of Internal
Revenue, such documents as may show their assets, liabilities, net worth, and also their
business interests, and financial connections in previous years, including, if possible, the
year when they first assumed any office in the government.
(f) Married couples who are both public officials or employees may file the required
statements jointly or separately.
Section 2. Every official or employee shall identify and disclose under oath to
the best of his knowledge and information, his relatives in the government , up to the
fourth civil degree of relationship, either of consanguinity or affinity, including bilas,
inso , and balae, in the prescribed form, Annex A, which shall be filed; (a) within
thirty (30) days after assumption of office, the information contained therein must be
reckoned as of his first day of office;(b) on or before April 30 of every year
thereafter, the information contained therein must be reckoned as of the end of the
preceding year; or (c) within thirty (30) days after separation from the service, the
information contained therein must be reckoned as of his last day of office.
Section 3. (a) Any and all statements filed in accordance with the preceding
sections shall be made available for public inspection at reasonable hours;
(b) Such statements shall be made available for copying or reproduction after ten

(10) working days from the time they are filed as required by law unless extended for
meritorious reasons.
(c) Any duly authorized person requesting a copy of a statement shall be
required to pay a reasonable fee as may be determined and prescribed by the Civil
Service Commission to cover the cost of reproduction and mailing of such statement, as
well as the cost of certification.
(d) Any statement filed under the Code shall be available to the public, subject to
the foregoing limitations, for a period of ten (10) years after receipt of the statement. The
statement may be destroyed after such period unless needed in an on-going
investigation.
40Rule VIII
Review and Compliance Procedure
Section 1. The following shall have the authority to establish compliance
procedures for the review of statements to determine whether said statements have been
properly accomplished:
(a) In the case of Congress, the designated committees of both Houses of
Congress subject to approval by the affirmative vote of the majority of the particular
House concerned;
(b) In the case of the Executive Department, the heads of the departments, offices
and agencies insofar as their respective departments, offices and agencies are concerned
subject to approval of the Secretary of Justice.
(c) In the case of the Judicial Department, the Chief Justice of the Supreme Court;
and
(d) In the case of the Constitutional Commissions and other Constitutional
Offices, the respective Chairman and members thereof; in the case of the Office of the
Ombudsman, the Ombudsman.
The above official shall likewise have the authority to render any opinion interpreting the
provisions on the review and compliance procedures in the filing of
statements of assets, liabilities, net worth and disclosure of information.
In the event said authorities determine that a statement is not properly filed, they shall
inform the reporting individual and direct him to take the necessary corrective
action.

The individual to whom an opinion is rendered, and any other individual involved in a similar
factual situation, and who, after issuance of the opinion acts in
good faith in accordance with it shall not be subject to any sanction provided in the
Code.
Rule IX
Conflict of Interest and Divestment
Section 1. (a) An official or employee shall avoid conflict of interest at all times.
(b) Conflict of Interest occurs:
(1) When the official or employee is:
a) a substantial stockholder; or
b) a member of the Board of Directors; or
c) an officer of the corporation; or
41d) an owner or has substantial interest in a business; or
e) a partner in a partnership; and
(2) The interest of such corporation or business, or his rights or duties
therein, are opposed to or affected by the faithful performance of official duty.
(c) A substantial stockholder is any person who owns, directly or indirectly, shares of stock
sufficient to elect a director of a corporation. This term shall also apply to
the parties to a voting trust.
(d) A voting trust means an agreement in writing between one or more stockholders of a
stock corporation for the purpose of conferring upon a trustee or
trustees the right to vote and the other rights pertaining the shares for certain periods
and subject to such other conditions provided for in the Corporation Law.
Section 2. (a) When a conflict of interest arises, the official or employee involved
shall resign from his position in any private business enterprise within thirty (30) days
from his assumption of office and/or divest himself of his share-holdings interest within
sixty (60) days from such assumption. For those who are already in the service, and
conflict of interest arises, the officer or employee must resign from his position in the
private business enterprise and/or divest himself of his shareholdings or interest within
the periods herein-above provided, reckoned from the date when the conflict of interest
had arisen. The same rule shall apply where the public official or employee is a partner
in a partnership.

(b) If the conditions in Section 1 (b) concur, divestment shall be mandatory for
any official or employee even if he has resigned from his position in any private business
enterprise.
(c) Divestment shall be to a person or persons other than his spouse and relatives
within the fourth civil degree of consanguinity or affinity.
(d) The requirements for divestment shall not apply to those specifically
authorized by law and those who served the government in an honorary capacity nor to
laborers and casual or temporary workers.
Rule X
Grounds for Administrative Disciplinary Action
Section 1. In addition to the grounds for administrative disciplinary action
prescribed under existing laws, the acts and omissions of any official or employee,
whether or not he holds office or employment in a casual, temporary, hold-over,
permanent or regular capacity, declared unlawful or prohibited by the Code, shall
constitute the grounds for administrative disciplinary action, and without prejudice to
criminal and civil liabilities provided herein, such as:
(a) Directly or indirectly having financial and material interest in any transaction
requiring the approval of his office. Financial and material interest is defined as a
pecuniary or proprietary interest by which a person will gain or lose something;
42(b) Owning, controlling, managing or accepting employment as officer,
employee, consultant, counsel, broker, agent, trustee, or nominee in any private
enterprise regulated, supervised or licensed by his office, unless expressly allowed by
law;
(c) Engaging in the private practice of his profession unless authorized by the
Constitution, law or regulation, provided that such practice will not conflict or tend to
conflict with his official functions;
(d) Recommending any person to any position in a private enterprise which has
a regular or pending official transaction with his office, unless such recommendation or
referral is mandated by (1) law, or (2) international agreements, commitment and
obligation, or as part of the functions of his office;
These acts shall continue to be prohibited for a period of one (1) year after

resignation, retirement, or separation from public office, except in the case of paragraph
(c) above, but the professional concerned cannot practice his profession in connection
with any matter before the office he used to be with, within one year after such
resignation, retirement, or separation, provided that any violation hereof shall be a
ground for administrative disciplinary action upon re-entry to the government service.
e) Disclosing or misusing confidential or classified information officially known
to him by reason of his office and not made available to the public, to further his private
interests or give undue advantage to anyone, or to prejudice the public interest;
(f) Soliciting or accepting, directly or indirectly, any gift, gratuity, favor,
entertainment, loan or anything of monetary value which in the course of his official
duties or in connection with any operation being regulated by, or any transaction which
may be affected by the functions of, his office. The propriety or impropriety of the
foregoing shall be determined by its value, kinship or relationship between giver and
receiver and the motivation. A thing of monetary value is one which is evidently or
manifestly excessive by its very nature.
Gift refers to a thing or a right disposed of gratuitously, or any act of liberality, in
favor of another who accepts it, and shall include a simulated sale or an ostensibly
onerous disposition thereof.
Loan covers simple loan and commodatum as well as guarantees, financing
arrangement or accommodation intended to ensure its approval. Commodatum refers to a
contract whereby one of the parties delivers to another something not consumable so
that the latter may use the same for a certain time and return it.
This prohibition shall not include:
(1) Unsolicited gift of nominal or insignificant value not given in anticipation of, or
in exchange for, a favor from a public official or employee or given after the
transaction is completed, or service is rendered. As to what is a gift of nominal
value will depend on the circumstances of each case taking into account the
salary of the official or employee, the frequency or infrequency of the giving, the
expectation of benefits, and other similar factors.(2) A gift from a member of his family or
relative as defined in the Code on the
occasion of a family celebration, and without any expectation of pecuniary gain

or benefit.
(3) Nominal donations from persons with no regular, pending, or expected
transactions with the department, office or agency with which the official or
employee is connected, and without any expectation of pecuniary gain or
benefits.
(4) Donations coming from private organizations whether local or foreign, which are
considered and accepted as humanitarian and altruistic in purpose and mission.
(5) Donations from government to government entities.
As to gift or grants from foreign governments, the Congress consents to:
(i) The acceptance and retention by public official or employee of a gift of nominal
value tendered and received as a souvenir or mark of courtesy;
(ii) The acceptance by a public official or employee of a gift in the nature of a
scholarship or fellowship grant or medical treatment; or
(iii) The acceptance by a public official or employee of travel grant or expense for
travel taking place entirely outside the Philippines (such as allowances,
transportation, food and lodging) of more than nominal value if such acceptance
is appropriate or consistent with the interest of the Philippines, and permitted by
the head of office, branch, or agency to which he belongs.
Nothing in the Code shall be construed to restrict or prohibit any educational
scientific or cultural exchange programs subject to national security requirements.
(g) Obtaining or using any statement filed under the Code for any purpose contrary
to morals or public policy or any commercial purpose other than by news and
communications media for dissemination to the general public;
(h) Unfair discrimination in rendering public service due to party affiliation or
preference;
(i) Disloyalty to the Republic of the Philippines and to the Filipino people;
(j) Failure to act promptly on letters and request within fifteen (15) days from
receipt, except as otherwise provided in these Rules.
(k) Failure to process documents and complete action on documents and papers
within a reasonable time from preparation thereof, except as otherwise provided in these
Rules;

(l) Failure to attend to anyone who wants to avail himself of the services of the
office, or to act promptly and expeditiously on public personal transactions;
43(m) Failure to file a sworn statements of assets, liabilities and net worth, and
disclosure of business interests and financial connections; and
(n) Failure to resign from his position in the private business enterprise within
thirty (30) days from assumption of public office when conflict of interest arises, and/or
failure to divest himself of his shareholdings or interests in private business enterprise
within sixty (60) days from such assumption of public office when conflict of interest
arises,: Provided however, that for those who are already in the service and a conflict of
interest arises, the official or employee must either resign or divest himself of said
interests within the periods here-in above provided, reckoned from the date when the
conflict of interest had arisen.
Rule XI
Penalties
Section 1. Any official or employee regardless of whether or not he holds office
or employment in a casual, temporary, holdover, permanent or regular capacity,
committing any violation of the Code shall be punished with a fine not exceeding the
equivalent of six (6) months salary or suspension not exceeding one (1) year, or removal
depending on the gravity of the offense after due notice and hearing by the appropriate
body or agency. If the violation is punishable by a heavier penalty under another law, he
shall be prosecuted under the latter statute. Violations of Section 7, 8, or 9 of the Code
shall be punishable with imprisonment not exceeding five (5) years, or a fine not
exceeding five thousand pesos (P5,000.00) or both, and, in the discretion of the court of
competent jurisdiction, disqualification to hold public office.
Any violation hereof proven in a proper administrative proceeding shall be
sufficient cause for removal or dismissal of an official employee, even if no criminal
prosecution is instituted against him.
Private individuals who participate in conspiracy as co-principals, accomplices
or accessories, with officials or employees, in violation of the Code, shall be subject to the
same penal liabilities as the officials or employees and shall be tried jointly with them.
The official or employee concerned may bring an action against any person who

obtains or uses a report for any purpose prohibited by Section 8 (d) of the Code. The
Court in which such action is brought may assess against such person a penalty in any
amount not to exceed twenty-five thousand pesos (P25,000.00). If another sanction
hereunder or under any other law is heavier, the latter shall apply.
Section 2. Administrative proceedings for violation of these Rules shall be in
accordance with the Civil Service Law and Rules.
44Rule XII
Free Voluntary Service
Section 1. (a) Free voluntary service refers to services rendered by persons who are in
government without pay or compensation.
b) The requirements of free voluntary service are as follows:
(1) Issuance of an appropriate document;
(2) Fitness and suitability for the duties and responsibilities of the particular
position;
(3) Compliance with the rule on nepotism
c) The following are the functions or services that volunteers can perform:
(1) Advisory;
(2) Consultancy or counseling;
(3) Recommendatory;
(4) Professional Services;
(5) Staff work such as planning or research; or
(6) Humanitarian
d) Those who render free voluntary service to the government are covered by the
following:
1) Laws on rewards and incentives;
2) Norms of conduct and ethical standards;
3) Duties and obligations of public officers and employees;
4) Prohibitions and sanctions enumerated in these Rules; and
5) Civil and criminal liability
e) Those who render free voluntary service are, however, exempted from the filing of
statements of assets, liabilities and networth and financial disclosures, the requirement

on divestment and the appropriate eligibility requirement, for their designations, and
shall not enjoy security of tenure.
Unless otherwise provided in the terms of their designations, volunteers are
prohibited from:
(1) Exercising supervisory functions over personnel;
(2) Exercising functions of positions involving national security;
(3) Having access to confidential or classified information unless authorized by
proper authorities;
45(4) Occupying regular plantilla positions;
(5) Having such services credited as government service and availing themselves of
retirements benefits;
(6) Using facilities and resources of the office for partisan political purposes; and
(7) Receiving any pecuniary benefits such as honoraria, allowances and other
perquisites of office.
Rule XIII
Amendment
Section 1. The Civil Service Commission may amend or modify these Rules as
may be necessary.
Rule XIV
Effectivity
Section 1. These Rules shall take effect thirty (30) days following the completion
of their publication in the Official Gazette or in a newspaper of general circulation.
Quezon City, April 21,1989.
46

POINTS FOR CONSIDERATION

1. How is the legal bases of education changing the way the Philippine

educational system is managed?

2. What are the rights and privileges of teachers in the Philippines?

3. Compare the Philippine Code of Ethics for Professional Teachers with RA 6713.

In ten sentences, what then, is the responsibility of a teacher in the public

school system?
4. How will you modify the Philippine Code of Ethics for Professional Teachers?
Please submit your answers to these questions along with the final examination. In
hard copy. Thank you!

FINAL EXAMINATION IN FDN 201

A. Philosophical Foundations of Education
a. Cite 5 philosophical orientations / views that we practice in the
Philippine Educational System.
b. What is the Filipino philosophy of education? Discuss this is not less
than 300 words.
c. How will your philosophy as a teacher affect the delivery of your
function?
B. Psychological Foundations of Education
a. Are we more behaviourist or cognitivists in general? Explain your
answer.
b. Why should we understand the psychology of learning?
c. What are the best practices in dealing with behavioral problems in
class? Cite at least 5. Cite specific cases/scenarios if you must.
C. Legal Foundations of Education
a. Cite 5 laws that greatly influenced the changes in the Philippine
Educational system. Explain.
b. What law will you propose to improve the Philippine educational
system? Cite specific provisions in this proposed law.

Submit your answers not later than June 7, 2014. God bless!