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REPUBLIC ACT
No. 6728
AN ACT PROVIDING GOVERNMENT
ASSISTANCE TO STUDENTS AND TEACHERS
IN PRIVATE EDUCATION AND APPROPRIATING
FUNDS THEREFOR
REPUBLIC ACT
No. 8545
AN ACT AMENDING REPUBLIC ACT NO. 6728, OTHERWISE
KNOWN AS “AN ACT PROVIDING GOVERNMENT
ASSISTANCE TO STUDENTS AND TEACHERS IN PRIVATE
EDUCATION AND APPROPRIATING FUNDS THEREFOR,”
ESTABLISHING A FUND FOR THE PURPOSE OF
SUBSIDIZING SALARIES OF PRIVATE SCHOOL TEACHERS,
AND APPROPRIATING FUNDS THEREOF
SEC. 2 – DECLARATION OF POLICY
RA 6728
• To promote and make quality
education accessible to all
Filipino citizens.
• The State also hereby
recognizes the
complementary roles of public
and private educational
institutions in the educational
system and the invaluable
contribution that the private
schools have made and will
make to education.
RA 8545
• To promote and make quality
education accessible to all
Filipino citizens.
• The State also hereby
recognizes the
complementary roles of public
and private educational
institutions in the educational
system and the invaluable
contribution that the private
schools have made and will
make to education.
RA 6728
• The State shall provide the
mechanisms to improve quality
in private education by
maximizing the use of existing
resources of private education,
recognizing in the process the
government responsibility to
provide basic elementary and
secondary education as having
priority over its function to
provide for higher education.
RA 8545
• The State shall provide the
mechanisms to improve quality
in private education by
maximizing the use of existing
resources of private education,
recognizing in the process the
government’s responsibility to
provide basic elementary and
secondary education, post
secondary vocational and
technical education and higher
education as having priority
over its other functions.
SEC. 2 – DECLARATION OF POLICY
RA 6728
• Tuition fees
• Socioeconomic needs of each
region
• Overall performance of the
schools
• Academic qualifications
• Financial needs of the students
• Geographic spread and size of
student population.
• Students’ family income not
more than ₱ 36,000.00
RA 8545
• Tuition fees
• Socioeconomic needs of each
region giving priority SRA
• Overall performance of the
schools
• Academic qualifications
• Financial needs of the students
and the teachers
• Financial needs of the schools
• Geographic spread and size of
student population.
• Students’ family income not more
than ₱ 72,000.00
SEC. 3 – CRITERIA FOR ASSISTANCE
RA 6728
1. Tuition fee supplements
for students in private high
schools, including
students in vocational and
technical courses.
RA 8545
1. Tuition fee supplements
for students in private high
schools, including
students in vocational and
technical courses.
SEC. 4 – FORMS OF ASSISTANCE
Assistance to students in
private education:
RA 6728
2. High School Textbook
Assistance Fund:
Provided, that students in
public schools shall be
provided a comprehensive
textbook program under
the Secondary Education
Development Program.
RA 8545
2. High School Textbook
Assistance Fund:
Provided, that the textbook
assistance per students
shall not exceed what
students in public high
schools are provided on a
per student basis under
comprehensive textbook
program of the SEDP.
SEC. 4 – FORMS OF ASSISTANCE
Provided, further, that the
textbook assistance shall
granted only to
beneficiaries of tuition fee
supplements and
educational service
contradicting scheme
provided in this act.
RA 6728
3. Expansion of the existing
Educational Service
Contracting (ESC)
Scheme
4. The voucher system of
the Private Education
Student Financial
Assistance Program
(PESFA)
RA 8545
3. Expansion of the existing
Educational Service
Contracting (ESC)
Scheme
4. The voucher system of
the Private Education
Student Financial
Assistance Program
(PESFA)
SEC. 4 – FORMS OF ASSISTANCE
5. Scholarship grants to
students graduating as
valedictorians and
salutatorians from
secondary schools
6. Tuition fee supplements to
students in private
colleges and universities
5. Scholarship grants to
students graduating as
valedictorians and
salutatorians from
secondary schools
6. Tuition fee supplements to
students in private
colleges and universities
RA 6728
7. Educational Loan Fund
8. College Faculty
Development Fund
RA 8545
7. Educational Loan Fund
SEC. 4 – FORMS OF ASSISTANCE
Assistance to teachers and
faculty in private education:
1. In-service training fund for
teachers in private high
schools; and
2. College Faculty
Development Fund
SEC. 5 – TUITION FEE SUPPLEMENT FOR STUDENTS
IN PRIVATE HIGH SCHOOL
RA 6728
1. Financial assistance for
tuition for students in
private high schools shall
be provided by the
government through
voucher system in the
following manner:
RA 8545
1. Financial assistance for
tuition for students in
private high schools shall
be provided by the
government through
voucher system in the
following manner:
a) School’s tuition fee &
other fees less than
₱1,500/year = ₱290
voucher (reimbursed
within 60 days)
b) School’s tuition fee &
other fees less than
₱1,500/year = no
assistance
a) For students enrolled in
schools charging an
amount may be
determined by the State
Assistance Council, the
government shall
provide them with a
voucher in such amount
as may be determined
by the council
(reimbursed within 120
days)
2. Assistance under 1.a shall
be guaranteed to all
private high schools
participating in the
program for a number of
slots as of the effectivity of
this as the total number of
students who availed the
of tuition fee supplements
for school year 1997-1998.
2. Assistance under 1.a & b
shall be granted and tuition
fees may be increased, on
the condition that 70% of the
amount subsidized allotted
for tuition fee or of the tuition
fee increases shall go to the
payment of salaries, wages,
allowances and other
benefits of teaching and non-
teaching personnel except
administrators.
RA 6728
There shall be established in the
DECS, a High School Textbook
Assistance Fund, so that an
assistance on a per student basis
shall be given to private schools
charging less than ₱1,500.00 for
1988-1989 per year or such
amount in subsequent years as
may be determined from time to
time by the SAC exclusively for the
purchase of high school textbooks,
in support of the implementation of
the SEDP
RA 8545
There shall be established in the
DECS, a High School Textbook
Assistance Fund, so that
assistance on per student basis
shall be given to students
enrolled in private schools
exclusively for the purchase of
high school textbooks, in
support of the implementation of
the SEDP.
SEC. 6 – HIGH SCHOOL TEXTBOOK ASSISTANCE FUND
RA 6728
a) The DECS shall continue to
enter into contracts w/
private schools whereby the
Government shall shoulder
the tuition & other fees of
excess students in public
schools who shall enroll
under this program. It shall
settle all the outstanding
obligations before
contracting new obligations.
RA 8545
a) The DECS shall continue to
enter inti contracts w/
private schools whereby the
government shall shoulder
the tuition and other fees of
high school students who
shall enroll in private high
schools under this program.
SEC. 7 – EXPANSION OF THE EXISTING EDUCATIONAL
SERVICE CONTRACTING (ESC) SCHEME
b) The Department shall also enter
into contract w/ private schools in
communities where there are no
public high schools, in which
case the Department shall
shoulder the tuition & other fees
of students who shall enroll in
said private schools. The number
of such schools assisted by the
program will be increased every
year such that all schools in this
category will be assisted within 4
years from the promulgation of
this Act.
b) The Department shall also
enter into contract w/ private
schools in communities
where there are no public
high schools, in which case
the Department shall
shoulder the tuition & other
fees of students who shall
enroll in said private
schools.
c) The amount of assistance to
be given by the Government
under this Section shall not
exceed that determined as
the per student cost in
public high schools.
c) The amount of assistance to
be given by the Government
under this Section shall not
exceed that determined as
the per student cost in
public high schools.
d) The Department shall fully
pay the subsidized amount
to participating schools not
later than the end of school
year, unless the delay
incurred is attributable to the
participating schools.
d) The Department shall fully
pay the subsidized amount
to participating schools not
later than one hundred
eighty (180) days from the
close of the registration
period.
e) The amount of assistance
shall be allocated and
distributed among the fourteen
(14) regions in proportion to
the total population as well as
the high school age population
for the first school year:
Provided, That starting school
year 1990, an equalization
scheme shall be implemented
by the State Assistance
Council.
e) The amount of assistance
shall be allocated and
distributed among the sixteen
(16) regions in proportion to
the total population as well as
the high school age population
for the first school year:
Provided, That starting school
year 1998, an equalization
scheme shall be implemented
by the State Assistance
Council.
f) The amount of assistance to private high
schools participating in the program shall be
guaranteed for a number of slots as of the
effectivity of this Act as the number of
students availing of educational service
contracting assistance for school year 1997-
1998: Provided, That the State Assistance
Council may, in subsequent years determine
additional slots and/or additional
participating private high schools as may be
deemed necessary.
RA 6728
a) The Voucher System of Private
Education Student Financial
Assistance (PESFA) Program.
For purposes of this Act, an
underprivileged student shall refer
to a student whose annual gross
income, if any, and that of the
combined annual gross income of
his parents do not exceed thirty-six
thousand pesos (P36,000).
RA 8545
a) The Voucher System of Private
Education Student Financial
Assistance (PESFA) Program.
For purposes of this Act, an
underprivileged student shall refer
to a student whose gross income,
if any, and that of the combined
annual gross income of his/her
parents do not exceed Seventy-
two thousand pesos (P72,000.00).
SEC. 8 – ASSISTANCE TO COLLEGE FRESHMEN
b) Tuition Waiver. Private colleges
and universities shall provide for full
or half tuition waivers for five percent
(5%) of the entering freshmen, which
shall include among others,
valedictorians and salutatorians of
both public high schools and private
high schools charging less than one
thousand five hundred pesos
(P1,500) per student per year as of
school year 1988-1989, or such
amount in subsequent years as may
be determined by the State
Assistance Council
b) Tuition Waiver. Private post-
secondary vocational and technical
institutions and higher educational
institutions shall provide for full or half
tuition waivers for five percent (5%) of
the entering freshmen, which shall
include among others, valedictorians
and salutatorians of both public high
schools and private high schools:
Provided, That those valedictorians
and salutatorians meet admission
tests of the schools concerned.
c) Allowance of Valedictorians.
Subject to rules and regulations
as may be promulgated by the
State Assistance Council,
valedictorians referred to under
subparagraph (b) above, may, in
addition to tuition waivers granted
by the school concerned, be
entitled to such allowances from
the government as are provided to
PESFA grantees, provided they
shall enroll in priority courses.
c) Allowance for Valedictorians.
Subject to rules and regulations
as may be promulgated by the
State Assistance Council,
valedictorians referred to under
subparagraph (b) above, may, in
addition to tuition waivers granted
by the school concerned, be
entitled to such allowances from
the government as are provided to
PESFA grantees, provided they
shall enroll in priority courses.
d) Allowance for other
Honorees. In case the
graduating class is composed
of more than two hundred and
fifty students, all salutatorians
and first honorable mention
graduates thereof may also be
entitled to the allowance
granted to valedictorians under
the preceding paragraph.
d) Allowance for other
Honorees. In case the
graduating class is composed
of more than two hundred and
fifty (250) students, all
salutatorians and first
honorable mention graduates
thereof may also be entitled to
the allowance granted to
valedictorians under the
preceding paragraph.
RA 6728
There shall be established in the
DECS, a High School Textbook
Assistance Fund, so that an
assistance on a per student basis
shall be given to private schools
charging less than ₱1,500.00 for
1988-1989 per year or such
amount in subsequent years as
may be determined from time to
time by the SAC exclusively for the
purchase of high school textbooks,
in support of the implementation of
the SEDP
RA 8545
There shall be established in the
DECS, a High School Textbook
Assistance Fund, so that
assistance on per student basis
shall be given to students
enrolled in private schools
exclusively for the purchase of
high school textbooks, in
support of the implementation of
the SEDP.
SEC. 9 – FURTHER ASSISTANCE TO STUDENTS IN
PRIVATE COLLEGES AND UNIVERSITIES
R.A.
6728
SEC. 9 – FURTHER ASSISTANCE TO STUDENTS IN
PRIVATE COLLEGES AND UNIVERSITIES
a) For re-enrolling students in priority programs in
schools, charging an effective per-unit tuition rate of
eighty pesos (P80) or less per unit or such amount in
subsequent years as may be determined by the State
Assistance Council: The Government shall provide
the student with a voucher with a value equivalent to
the tuition fee increase: Provided, That all schools in
this category shall not be allowed to raise their fees
by more than twelve pesos (P12.00) per unit, for both
priority and non-priority courses; and Provided, That
such assistance shall be given only to students who
have completed one academic year by June 1989 in
priority programs and shall not apply to future college
students and to current college students who transfer
outside of their region.
b) For students in schools charging an effective
per unit tuition rate of more than eighty pesos
(P80) per unit or such amount in subsequent
years as may be determined from time to time
by the Senate Assistance Council: The
Government shall provide no assistance, and
the schools can determine their own tuition
rates, subject to Section 10 hereof: Provided,
That they grant full or half-tuition waivers to
five percent (5%) of all their students.
c) Schools with accredited programs charging a
tuition rate of less than eighty pesos (P80.00)
per unit or such amount in subsequent years
as may be determined from time to time by the
State Assistance Council, may continue to
determine tuition rates, subject to Section 10
hereof, and non-freshmen students in their
accredited priority courses will be entitled to a
voucher equivalent to the tuition increase as in
paragraph (a) hereof.
d) Government assistance and tuition increases
as described in this Section shall be governed
by the same conditions as provided under
Section 5 (2).
R.A.
8545
SEC. 9 – FURTHER ASSISTANCE TO STUDENTS IN
PRIVATE COLLEGES AND UNIVERSITIES
“For students in priority programs in schools
charging an effective per unit tuition rate of such
amount as may be determined by the State
Assistance Council, the government shall provide
the student with a voucher for the amount of tuition
fee supplement determined by the State Assistance
Council.
Government assistance and tuition increases as
described in this Section shall be governed by the
same conditions as provided under Section 5(2)
R.A.
6728
SEC. 10 – CONSULTATION
In any proposed increase in the rate of tuition fee,
there shall be appropriate consultations conducted
by the school administration with the duly organized
parents and teachers associations and faculty
associations with respect to secondary schools, and
with students governments or councils, alumni and
faculty associations with respect to colleges. For
this purpose, audited financial statements shall be
made available to authorized representatives of
these sectors. Every effort shall be exerted to
reconcile possible differences. In case of
disagreement, the alumni association of the school
or any other impartial body of their choosing shall
act as arbitrator.
R.A.
6728
SEC. 11 – EDUCATIONAL LOAN FUND
a) "Study Now, Pay Later Plan". There is
hereby created a special fund to be known as
the Students' Loan Fund to be administered
by the Department of Education, Culture and
Sports, or upon delegation by the
Department, by the Student Loan Fund
Authority created under Republic Act No.
6014 which is hereby reinstituted pursuant to
the terms of the same Republic Act which
shall be used to finance educational loans to
cover matriculation and other school fees and
educational expenses for book, subsistence
and board and lodging.
b) Amounts covering payments for tuition,
matriculation and other school fees shall be
paid directly to the school concerned.
c) Any loan granted under this Section shall be
paid by the student-debtor after he has
finished the course or profession for which
the proceeds of the loan was expended, but
only after a period of two (2) years from the
time he has acquired an employment:
Provided, however, That interest at the rate of
not more than twelve percent per annum
shall accrue on the balance thereof.
d) Social Security Fund. The Social Security
System Fund shall make available low
interest educational loans to its members and
to private educational institutions for school
buildings and/or improvement of their plants
and facilities.
R.A.
8545
SEC. 10 – EDUCATIONAL LOAN FUND
a) Study Now, Pay Later Plan.’ There is hereby
created a special fund to be known as the
Students’ Loan Fund to be administered by
the CHED and the TESDA or upon delegation
by the CHED by the Student Loan Fund
Authority created under Republic Act No.
6014 which is hereby reinstituted pursuant to
the terms of the same Republic Act which
shall be used to finance educational loans to
cover matriculation and other school fees and
educational expenses for book subsistence,
and board and lodging.
b) Amounts covering payments for tuition and
other school fees shall be paid directly to the
school concerned.
c) Any loan granted under this section shall be paid by
the student-debtor after he has finished the course or
profession for which the proceeds of the loan was
expended, but only after a period of two (2) years
from the time he has acquired an employment:
Provided, however, That interest at the rate of not
more than six percent (6%) per annum shall accrue
on the balance thereof. Any loan granted under this
Section shall be paid by the student-debtor after he
has finished the course or profession for which the
proceeds of the loan was expended, but only after a
period of two (2) years from the time he has acquired
an employment: Provided, however, That interest at
the rate of not more than twelve percent per annum
shall accrue on the balance thereof.
d) Social Security Fund. The Social Security
System shall make available low interest
educational loans to its members and to
private educational institutions for school
buildings and/or improvement of their plants
and facilities.
R.A.
6728
SEC. 12 – LIMITATION
The right of any student to avail himself of the
benefits under this Act shall not apply:
(a) If he fails for one (1) school year in the
majority of the academic subjects in which he has
enrolled during the course of his study unless such
failure is due to some valid cause beyond his
control; and
(b) If he enrolls for the first time, or transfers,
outside of the region where he is domiciled unless
the course he wants to pursue is a priority course
as determined by the Department of Education,
Culture and Sports and is not offered in any private
school in his region.
R.A.
8545
SEC. 11 – LIMITATION
The right of any student to avail
himself/herself of the benefits under this Act
shall not apply if he/she fails for one (1) school
year in the majority of the academic subjects in
which he/she has enrolled during the course of
his/her study unless such failure is due to some
valid cause beyond his/her control.
R.A.
8545
SEC. 12 – IN-SERVICE TRAINING FUND (INSET FUND)
For the purpose of improving the quality of teaching in
private secondary education, there is hereby established
in the Department of Education, Culture and Sports an
Inset Fund to provide for the upgrading of knowledge and
teaching competencies in critical subject areas and for
the modernization of teaching techniques and strategies,
including training in the use of computers and of other
multi-media educational technologies to assist
instruction: Provided, That the Inset Fund shall be
available only to qualified licensed teachers in
participating private high schools as determined by the
State Assistance Council: Provided, further, That the
amount of Inset Fund available to private secondary
education shall not exceed that available to public
secondary education on a per capita basis.
R.A.
6728
SEC. 13 – COLLEGE FACULTY DEVELOPMENT FUND
For the purpose of improving the quality of teaching
in higher education, there is hereby established in
Department of Education, Culture and Sports a
College Faculty Development Fund to provide for
scholarships for graduate degrees and non-degree
workshops or seminars for faculty members in
private colleges and universities: Provided, That
faculty member recipients of such scholarships shall
serve three (3) years return service for every year of
scholarship availed of. The scholarship shall be in
priority courses as determined by the Department of
Education, Culture and Sports in coordination with
the National Economic Development Authority
(NEDA) and cannot be awarded to promote or inhibit
sectarian purposes.
R.A.
8545
SEC. 13 – COLLEGE FACULTY DEVELOPMENT FUND
For the purpose of improving the quality of teaching in
private post-secondary vocational and technical institutions
and higher educational institutions, there is hereby
established in the TESDA and the CHED, a College Faculty
Development Fund to provide for scholarships for graduate
degree, degree and non-degree workshops or seminars for
faculty members in private post-secondary vocational and
technical institutions and higher educational institutions:
Provided, That faculty member recipients of such
scholarships shall serve as many number of years return
service for every year of scholarship availed of as may be
determined by the State Assistance Council in conformity
with prevailing National Economic and Development
Authority (NEDA) policies on return service of government
scholars. The scholarship shall be in priority courses as
determined by the TESDA and the CHED and cannot be
awarded to promote or inhibit sectarian purposes.
R.A.
6728
SEC. 14 – PROGRAM ADMINISTRATION/RULES & REGULATIONS
The State Assistance Council shall be
responsible for policy guidance and direction,
monitoring and evaluation of new and existing
programs, and the promulgation of rules and
regulations, while the Department of Education,
Culture and Sports shall be responsible for the
day to day administration and program
implementation. Likewise, it may engage the
services and support of any qualified government
or private entity for its implementation.
R.A.
8545
SEC. 14 – TEACHERS’ SALARY SUBSIDY FUND
A Teachers’ Salary Subsidy Fund is hereby
established in the DECS to grant government
subsidy to teachers in private high schools
participating in the programs of assistance provided
in this Act: Provided, That the total monthly salary
which includes the subsidy to be received by such
private high school teachers shall not be more than
eighty percent (80%) of the salary of his counterpart
in the public sector: Provided, further, That the
amount of monthly subsidy shall not exceed the
amount of any monthly salary increase that teachers
in public high schools shall after the effectivity of this
Act hereinafter receive:
Provided, further, That private high school teachers
qualified to receive subsidy under this Act are duly
licensed by the Professional Regulation Commission:
Provided, further, That the government shall provide
them with a voucher for the salary subsidy which
shall be reimbursed directly to the teachers within
sixty (60) days after the close of the school year
upon submission of proof of qualification and actual
teaching service in a participating private high
school: Provided, further, That the present allocation
out of increases from tuition and other income shall
be maintained: Provided, finally, That in case of
insufficiency of funds, priority shall be given to
married teachers supporting a family.
R.A.
6728
SEC. 15 – APPROPRIATIONS
1. Portions of the coconut levies authorized under
Republic Act No. 620 and Presidential Decree
No. 1468 and other laws earmarked to finance
scholarships for the benefit of deserving children
of the coconut farmers, and the income thereof:
Provided, That such funds shall be used
exclusively for the program of assistance for said
children including their books, board and lodging
and other allowances in case these are not
provided in a particular program of assistance;
3. Ten percent (10%) of any funds collected by the
Sugar Regulatory Administration or the
Philippine Coconut Authority for students in
provinces where they are collected;
4. Ten percent (10%) of the net income of the
Development Bank of the Philippines;
5. Portions of the Overseas Welfare Fund to benefit
the dependents or children of overseas workers;
and
6. Any other lump sum appropriations or collections
under the supervision and control of the Office of
the President.
2. Twenty percent (20%) of the travel tax and
airport departure tax collections;
a) The appropriations of the Department of Education,
Culture and Sports authorized in General
Appropriations Act for Fiscal Year 1989, Republic Act
No. 6688, for A.7.d Implementation of programs for
secondary education, A.7.e Implementation of
programs for higher education, A.7.g Implementation
of free secondary education shall be reduced as far
as practicable on a proportionate basis by region to
provide funds for the requirements of this Act in
Fiscal Year 1989: Provided, That savings from any
other item of appropriation of the Department of
Education, Culture and Sports may be utilized for
the implementation of this Act in Fiscal Year 1989:
Provided, further, That any deficiency shall be taken
from any or all of the following sources:
b) The amount of assistance on a per student
basis as determined under Section 5(a) and
(b) and Section 9(a) of this Act shall remain
the same for the subsequent years unless
Congress provides otherwise.
R.A.
8545
SEC. 15 – PROGRAM ADMINISTRATION/RULES & REGULATIONS
The State Assistance Council shall be responsible for
policy guidance and direction, monitoring and
evaluation of new and existing programs, and the
promulgation of the rules and regulations, while the
Department of Education, Culture and Sports, the
TESDA and the CHED shall be responsible for the
day to day administration and program
implementation for the programs of assistance to
private secondary education, post-secondary
vocational and technical education and higher
education, respectively. Likewise, it may engage the
services and support of any qualified government or
private entity for its implementation.
R.A.
6728
SEC. 16 – PENALTIES
In case of any violation of the provisions of this
Act or the rules and regulations promulgated
pursuant thereto by an institution, the
Department of Education, Culture and Sports,
upon the recommendation of the Council, may
bar the institution from participating in or
benefiting from the programs of this Act, and from
other programs of the Department, without
prejudice to administrative and criminal charges
as may be filed against the school and/or its
responsible officers under existing laws.
Any school who shall refuse, as required under
paragraph (1) (c) of Section 5, Section 8 (b) and
Section 9 (b), to furnish copies of their audited
financial statements to concerned sectors with
whom they are having consultations prior to
tuition fee increases, shall forfeit the right to
increase their tuition fees, in addition to other
penalties or sanctions as may be imposed under
the preceding paragraph or by existing laws.
R.A.
8545
SEC. 16 – APPROPRIATIONS
The amount needed to implement these programs
shall be provided for in the annual General
Appropriations Act for the year 1998. The
appropriation of One billion pesos
(P1,000,000,000.00) already appropriated under the
General Appropriations Act of 1998 shall be used for
this purpose.
All funds appropriated for this purpose shall be
constituted as a trust fund to be administered by the
State Assistance Council, which shall be directly and
automatically released to the different regional
offices of the DECS.
R.A.
8545
SEC. 17 – PENALTIES
In case of violations of the provisions of this Act
or the rules and regulations promulgated
pursuant thereto by an institution, the
Department of Education, Culture and Sports, the
TESDA and the CHED, upon the
recommendation of the Council, may bar the
institution from participating in or benefiting from
the programs of this Act, and from other
programs of the Department, without prejudice to
administrative and criminal charges as may be
filed against the school and/or its responsible
officers under existing laws.
Teacher I – Baras Pinugay Elementary School

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Levie M. Discaya - Comparative Analysis of R.A. 6728 and R.A.8545

  • 1.
  • 2.
  • 3. REPUBLIC ACT No. 6728 AN ACT PROVIDING GOVERNMENT ASSISTANCE TO STUDENTS AND TEACHERS IN PRIVATE EDUCATION AND APPROPRIATING FUNDS THEREFOR
  • 4. REPUBLIC ACT No. 8545 AN ACT AMENDING REPUBLIC ACT NO. 6728, OTHERWISE KNOWN AS “AN ACT PROVIDING GOVERNMENT ASSISTANCE TO STUDENTS AND TEACHERS IN PRIVATE EDUCATION AND APPROPRIATING FUNDS THEREFOR,” ESTABLISHING A FUND FOR THE PURPOSE OF SUBSIDIZING SALARIES OF PRIVATE SCHOOL TEACHERS, AND APPROPRIATING FUNDS THEREOF
  • 5. SEC. 2 – DECLARATION OF POLICY RA 6728 • To promote and make quality education accessible to all Filipino citizens. • The State also hereby recognizes the complementary roles of public and private educational institutions in the educational system and the invaluable contribution that the private schools have made and will make to education. RA 8545 • To promote and make quality education accessible to all Filipino citizens. • The State also hereby recognizes the complementary roles of public and private educational institutions in the educational system and the invaluable contribution that the private schools have made and will make to education.
  • 6. RA 6728 • The State shall provide the mechanisms to improve quality in private education by maximizing the use of existing resources of private education, recognizing in the process the government responsibility to provide basic elementary and secondary education as having priority over its function to provide for higher education. RA 8545 • The State shall provide the mechanisms to improve quality in private education by maximizing the use of existing resources of private education, recognizing in the process the government’s responsibility to provide basic elementary and secondary education, post secondary vocational and technical education and higher education as having priority over its other functions. SEC. 2 – DECLARATION OF POLICY
  • 7. RA 6728 • Tuition fees • Socioeconomic needs of each region • Overall performance of the schools • Academic qualifications • Financial needs of the students • Geographic spread and size of student population. • Students’ family income not more than ₱ 36,000.00 RA 8545 • Tuition fees • Socioeconomic needs of each region giving priority SRA • Overall performance of the schools • Academic qualifications • Financial needs of the students and the teachers • Financial needs of the schools • Geographic spread and size of student population. • Students’ family income not more than ₱ 72,000.00 SEC. 3 – CRITERIA FOR ASSISTANCE
  • 8. RA 6728 1. Tuition fee supplements for students in private high schools, including students in vocational and technical courses. RA 8545 1. Tuition fee supplements for students in private high schools, including students in vocational and technical courses. SEC. 4 – FORMS OF ASSISTANCE Assistance to students in private education:
  • 9. RA 6728 2. High School Textbook Assistance Fund: Provided, that students in public schools shall be provided a comprehensive textbook program under the Secondary Education Development Program. RA 8545 2. High School Textbook Assistance Fund: Provided, that the textbook assistance per students shall not exceed what students in public high schools are provided on a per student basis under comprehensive textbook program of the SEDP. SEC. 4 – FORMS OF ASSISTANCE Provided, further, that the textbook assistance shall granted only to beneficiaries of tuition fee supplements and educational service contradicting scheme provided in this act.
  • 10. RA 6728 3. Expansion of the existing Educational Service Contracting (ESC) Scheme 4. The voucher system of the Private Education Student Financial Assistance Program (PESFA) RA 8545 3. Expansion of the existing Educational Service Contracting (ESC) Scheme 4. The voucher system of the Private Education Student Financial Assistance Program (PESFA) SEC. 4 – FORMS OF ASSISTANCE 5. Scholarship grants to students graduating as valedictorians and salutatorians from secondary schools 6. Tuition fee supplements to students in private colleges and universities 5. Scholarship grants to students graduating as valedictorians and salutatorians from secondary schools 6. Tuition fee supplements to students in private colleges and universities
  • 11. RA 6728 7. Educational Loan Fund 8. College Faculty Development Fund RA 8545 7. Educational Loan Fund SEC. 4 – FORMS OF ASSISTANCE Assistance to teachers and faculty in private education: 1. In-service training fund for teachers in private high schools; and 2. College Faculty Development Fund
  • 12. SEC. 5 – TUITION FEE SUPPLEMENT FOR STUDENTS IN PRIVATE HIGH SCHOOL RA 6728 1. Financial assistance for tuition for students in private high schools shall be provided by the government through voucher system in the following manner: RA 8545 1. Financial assistance for tuition for students in private high schools shall be provided by the government through voucher system in the following manner: a) School’s tuition fee & other fees less than ₱1,500/year = ₱290 voucher (reimbursed within 60 days) b) School’s tuition fee & other fees less than ₱1,500/year = no assistance a) For students enrolled in schools charging an amount may be determined by the State Assistance Council, the government shall provide them with a voucher in such amount as may be determined by the council (reimbursed within 120 days) 2. Assistance under 1.a shall be guaranteed to all private high schools participating in the program for a number of slots as of the effectivity of this as the total number of students who availed the of tuition fee supplements for school year 1997-1998. 2. Assistance under 1.a & b shall be granted and tuition fees may be increased, on the condition that 70% of the amount subsidized allotted for tuition fee or of the tuition fee increases shall go to the payment of salaries, wages, allowances and other benefits of teaching and non- teaching personnel except administrators.
  • 13. RA 6728 There shall be established in the DECS, a High School Textbook Assistance Fund, so that an assistance on a per student basis shall be given to private schools charging less than ₱1,500.00 for 1988-1989 per year or such amount in subsequent years as may be determined from time to time by the SAC exclusively for the purchase of high school textbooks, in support of the implementation of the SEDP RA 8545 There shall be established in the DECS, a High School Textbook Assistance Fund, so that assistance on per student basis shall be given to students enrolled in private schools exclusively for the purchase of high school textbooks, in support of the implementation of the SEDP. SEC. 6 – HIGH SCHOOL TEXTBOOK ASSISTANCE FUND
  • 14. RA 6728 a) The DECS shall continue to enter into contracts w/ private schools whereby the Government shall shoulder the tuition & other fees of excess students in public schools who shall enroll under this program. It shall settle all the outstanding obligations before contracting new obligations. RA 8545 a) The DECS shall continue to enter inti contracts w/ private schools whereby the government shall shoulder the tuition and other fees of high school students who shall enroll in private high schools under this program. SEC. 7 – EXPANSION OF THE EXISTING EDUCATIONAL SERVICE CONTRACTING (ESC) SCHEME b) The Department shall also enter into contract w/ private schools in communities where there are no public high schools, in which case the Department shall shoulder the tuition & other fees of students who shall enroll in said private schools. The number of such schools assisted by the program will be increased every year such that all schools in this category will be assisted within 4 years from the promulgation of this Act. b) The Department shall also enter into contract w/ private schools in communities where there are no public high schools, in which case the Department shall shoulder the tuition & other fees of students who shall enroll in said private schools. c) The amount of assistance to be given by the Government under this Section shall not exceed that determined as the per student cost in public high schools. c) The amount of assistance to be given by the Government under this Section shall not exceed that determined as the per student cost in public high schools. d) The Department shall fully pay the subsidized amount to participating schools not later than the end of school year, unless the delay incurred is attributable to the participating schools. d) The Department shall fully pay the subsidized amount to participating schools not later than one hundred eighty (180) days from the close of the registration period. e) The amount of assistance shall be allocated and distributed among the fourteen (14) regions in proportion to the total population as well as the high school age population for the first school year: Provided, That starting school year 1990, an equalization scheme shall be implemented by the State Assistance Council. e) The amount of assistance shall be allocated and distributed among the sixteen (16) regions in proportion to the total population as well as the high school age population for the first school year: Provided, That starting school year 1998, an equalization scheme shall be implemented by the State Assistance Council. f) The amount of assistance to private high schools participating in the program shall be guaranteed for a number of slots as of the effectivity of this Act as the number of students availing of educational service contracting assistance for school year 1997- 1998: Provided, That the State Assistance Council may, in subsequent years determine additional slots and/or additional participating private high schools as may be deemed necessary.
  • 15. RA 6728 a) The Voucher System of Private Education Student Financial Assistance (PESFA) Program. For purposes of this Act, an underprivileged student shall refer to a student whose annual gross income, if any, and that of the combined annual gross income of his parents do not exceed thirty-six thousand pesos (P36,000). RA 8545 a) The Voucher System of Private Education Student Financial Assistance (PESFA) Program. For purposes of this Act, an underprivileged student shall refer to a student whose gross income, if any, and that of the combined annual gross income of his/her parents do not exceed Seventy- two thousand pesos (P72,000.00). SEC. 8 – ASSISTANCE TO COLLEGE FRESHMEN b) Tuition Waiver. Private colleges and universities shall provide for full or half tuition waivers for five percent (5%) of the entering freshmen, which shall include among others, valedictorians and salutatorians of both public high schools and private high schools charging less than one thousand five hundred pesos (P1,500) per student per year as of school year 1988-1989, or such amount in subsequent years as may be determined by the State Assistance Council b) Tuition Waiver. Private post- secondary vocational and technical institutions and higher educational institutions shall provide for full or half tuition waivers for five percent (5%) of the entering freshmen, which shall include among others, valedictorians and salutatorians of both public high schools and private high schools: Provided, That those valedictorians and salutatorians meet admission tests of the schools concerned. c) Allowance of Valedictorians. Subject to rules and regulations as may be promulgated by the State Assistance Council, valedictorians referred to under subparagraph (b) above, may, in addition to tuition waivers granted by the school concerned, be entitled to such allowances from the government as are provided to PESFA grantees, provided they shall enroll in priority courses. c) Allowance for Valedictorians. Subject to rules and regulations as may be promulgated by the State Assistance Council, valedictorians referred to under subparagraph (b) above, may, in addition to tuition waivers granted by the school concerned, be entitled to such allowances from the government as are provided to PESFA grantees, provided they shall enroll in priority courses. d) Allowance for other Honorees. In case the graduating class is composed of more than two hundred and fifty students, all salutatorians and first honorable mention graduates thereof may also be entitled to the allowance granted to valedictorians under the preceding paragraph. d) Allowance for other Honorees. In case the graduating class is composed of more than two hundred and fifty (250) students, all salutatorians and first honorable mention graduates thereof may also be entitled to the allowance granted to valedictorians under the preceding paragraph.
  • 16. RA 6728 There shall be established in the DECS, a High School Textbook Assistance Fund, so that an assistance on a per student basis shall be given to private schools charging less than ₱1,500.00 for 1988-1989 per year or such amount in subsequent years as may be determined from time to time by the SAC exclusively for the purchase of high school textbooks, in support of the implementation of the SEDP RA 8545 There shall be established in the DECS, a High School Textbook Assistance Fund, so that assistance on per student basis shall be given to students enrolled in private schools exclusively for the purchase of high school textbooks, in support of the implementation of the SEDP. SEC. 9 – FURTHER ASSISTANCE TO STUDENTS IN PRIVATE COLLEGES AND UNIVERSITIES
  • 17. R.A. 6728 SEC. 9 – FURTHER ASSISTANCE TO STUDENTS IN PRIVATE COLLEGES AND UNIVERSITIES a) For re-enrolling students in priority programs in schools, charging an effective per-unit tuition rate of eighty pesos (P80) or less per unit or such amount in subsequent years as may be determined by the State Assistance Council: The Government shall provide the student with a voucher with a value equivalent to the tuition fee increase: Provided, That all schools in this category shall not be allowed to raise their fees by more than twelve pesos (P12.00) per unit, for both priority and non-priority courses; and Provided, That such assistance shall be given only to students who have completed one academic year by June 1989 in priority programs and shall not apply to future college students and to current college students who transfer outside of their region. b) For students in schools charging an effective per unit tuition rate of more than eighty pesos (P80) per unit or such amount in subsequent years as may be determined from time to time by the Senate Assistance Council: The Government shall provide no assistance, and the schools can determine their own tuition rates, subject to Section 10 hereof: Provided, That they grant full or half-tuition waivers to five percent (5%) of all their students. c) Schools with accredited programs charging a tuition rate of less than eighty pesos (P80.00) per unit or such amount in subsequent years as may be determined from time to time by the State Assistance Council, may continue to determine tuition rates, subject to Section 10 hereof, and non-freshmen students in their accredited priority courses will be entitled to a voucher equivalent to the tuition increase as in paragraph (a) hereof. d) Government assistance and tuition increases as described in this Section shall be governed by the same conditions as provided under Section 5 (2).
  • 18. R.A. 8545 SEC. 9 – FURTHER ASSISTANCE TO STUDENTS IN PRIVATE COLLEGES AND UNIVERSITIES “For students in priority programs in schools charging an effective per unit tuition rate of such amount as may be determined by the State Assistance Council, the government shall provide the student with a voucher for the amount of tuition fee supplement determined by the State Assistance Council. Government assistance and tuition increases as described in this Section shall be governed by the same conditions as provided under Section 5(2)
  • 19. R.A. 6728 SEC. 10 – CONSULTATION In any proposed increase in the rate of tuition fee, there shall be appropriate consultations conducted by the school administration with the duly organized parents and teachers associations and faculty associations with respect to secondary schools, and with students governments or councils, alumni and faculty associations with respect to colleges. For this purpose, audited financial statements shall be made available to authorized representatives of these sectors. Every effort shall be exerted to reconcile possible differences. In case of disagreement, the alumni association of the school or any other impartial body of their choosing shall act as arbitrator.
  • 20. R.A. 6728 SEC. 11 – EDUCATIONAL LOAN FUND a) "Study Now, Pay Later Plan". There is hereby created a special fund to be known as the Students' Loan Fund to be administered by the Department of Education, Culture and Sports, or upon delegation by the Department, by the Student Loan Fund Authority created under Republic Act No. 6014 which is hereby reinstituted pursuant to the terms of the same Republic Act which shall be used to finance educational loans to cover matriculation and other school fees and educational expenses for book, subsistence and board and lodging. b) Amounts covering payments for tuition, matriculation and other school fees shall be paid directly to the school concerned. c) Any loan granted under this Section shall be paid by the student-debtor after he has finished the course or profession for which the proceeds of the loan was expended, but only after a period of two (2) years from the time he has acquired an employment: Provided, however, That interest at the rate of not more than twelve percent per annum shall accrue on the balance thereof. d) Social Security Fund. The Social Security System Fund shall make available low interest educational loans to its members and to private educational institutions for school buildings and/or improvement of their plants and facilities.
  • 21. R.A. 8545 SEC. 10 – EDUCATIONAL LOAN FUND a) Study Now, Pay Later Plan.’ There is hereby created a special fund to be known as the Students’ Loan Fund to be administered by the CHED and the TESDA or upon delegation by the CHED by the Student Loan Fund Authority created under Republic Act No. 6014 which is hereby reinstituted pursuant to the terms of the same Republic Act which shall be used to finance educational loans to cover matriculation and other school fees and educational expenses for book subsistence, and board and lodging. b) Amounts covering payments for tuition and other school fees shall be paid directly to the school concerned. c) Any loan granted under this section shall be paid by the student-debtor after he has finished the course or profession for which the proceeds of the loan was expended, but only after a period of two (2) years from the time he has acquired an employment: Provided, however, That interest at the rate of not more than six percent (6%) per annum shall accrue on the balance thereof. Any loan granted under this Section shall be paid by the student-debtor after he has finished the course or profession for which the proceeds of the loan was expended, but only after a period of two (2) years from the time he has acquired an employment: Provided, however, That interest at the rate of not more than twelve percent per annum shall accrue on the balance thereof. d) Social Security Fund. The Social Security System shall make available low interest educational loans to its members and to private educational institutions for school buildings and/or improvement of their plants and facilities.
  • 22. R.A. 6728 SEC. 12 – LIMITATION The right of any student to avail himself of the benefits under this Act shall not apply: (a) If he fails for one (1) school year in the majority of the academic subjects in which he has enrolled during the course of his study unless such failure is due to some valid cause beyond his control; and (b) If he enrolls for the first time, or transfers, outside of the region where he is domiciled unless the course he wants to pursue is a priority course as determined by the Department of Education, Culture and Sports and is not offered in any private school in his region.
  • 23. R.A. 8545 SEC. 11 – LIMITATION The right of any student to avail himself/herself of the benefits under this Act shall not apply if he/she fails for one (1) school year in the majority of the academic subjects in which he/she has enrolled during the course of his/her study unless such failure is due to some valid cause beyond his/her control.
  • 24. R.A. 8545 SEC. 12 – IN-SERVICE TRAINING FUND (INSET FUND) For the purpose of improving the quality of teaching in private secondary education, there is hereby established in the Department of Education, Culture and Sports an Inset Fund to provide for the upgrading of knowledge and teaching competencies in critical subject areas and for the modernization of teaching techniques and strategies, including training in the use of computers and of other multi-media educational technologies to assist instruction: Provided, That the Inset Fund shall be available only to qualified licensed teachers in participating private high schools as determined by the State Assistance Council: Provided, further, That the amount of Inset Fund available to private secondary education shall not exceed that available to public secondary education on a per capita basis.
  • 25. R.A. 6728 SEC. 13 – COLLEGE FACULTY DEVELOPMENT FUND For the purpose of improving the quality of teaching in higher education, there is hereby established in Department of Education, Culture and Sports a College Faculty Development Fund to provide for scholarships for graduate degrees and non-degree workshops or seminars for faculty members in private colleges and universities: Provided, That faculty member recipients of such scholarships shall serve three (3) years return service for every year of scholarship availed of. The scholarship shall be in priority courses as determined by the Department of Education, Culture and Sports in coordination with the National Economic Development Authority (NEDA) and cannot be awarded to promote or inhibit sectarian purposes.
  • 26. R.A. 8545 SEC. 13 – COLLEGE FACULTY DEVELOPMENT FUND For the purpose of improving the quality of teaching in private post-secondary vocational and technical institutions and higher educational institutions, there is hereby established in the TESDA and the CHED, a College Faculty Development Fund to provide for scholarships for graduate degree, degree and non-degree workshops or seminars for faculty members in private post-secondary vocational and technical institutions and higher educational institutions: Provided, That faculty member recipients of such scholarships shall serve as many number of years return service for every year of scholarship availed of as may be determined by the State Assistance Council in conformity with prevailing National Economic and Development Authority (NEDA) policies on return service of government scholars. The scholarship shall be in priority courses as determined by the TESDA and the CHED and cannot be awarded to promote or inhibit sectarian purposes.
  • 27. R.A. 6728 SEC. 14 – PROGRAM ADMINISTRATION/RULES & REGULATIONS The State Assistance Council shall be responsible for policy guidance and direction, monitoring and evaluation of new and existing programs, and the promulgation of rules and regulations, while the Department of Education, Culture and Sports shall be responsible for the day to day administration and program implementation. Likewise, it may engage the services and support of any qualified government or private entity for its implementation.
  • 28. R.A. 8545 SEC. 14 – TEACHERS’ SALARY SUBSIDY FUND A Teachers’ Salary Subsidy Fund is hereby established in the DECS to grant government subsidy to teachers in private high schools participating in the programs of assistance provided in this Act: Provided, That the total monthly salary which includes the subsidy to be received by such private high school teachers shall not be more than eighty percent (80%) of the salary of his counterpart in the public sector: Provided, further, That the amount of monthly subsidy shall not exceed the amount of any monthly salary increase that teachers in public high schools shall after the effectivity of this Act hereinafter receive: Provided, further, That private high school teachers qualified to receive subsidy under this Act are duly licensed by the Professional Regulation Commission: Provided, further, That the government shall provide them with a voucher for the salary subsidy which shall be reimbursed directly to the teachers within sixty (60) days after the close of the school year upon submission of proof of qualification and actual teaching service in a participating private high school: Provided, further, That the present allocation out of increases from tuition and other income shall be maintained: Provided, finally, That in case of insufficiency of funds, priority shall be given to married teachers supporting a family.
  • 29. R.A. 6728 SEC. 15 – APPROPRIATIONS 1. Portions of the coconut levies authorized under Republic Act No. 620 and Presidential Decree No. 1468 and other laws earmarked to finance scholarships for the benefit of deserving children of the coconut farmers, and the income thereof: Provided, That such funds shall be used exclusively for the program of assistance for said children including their books, board and lodging and other allowances in case these are not provided in a particular program of assistance; 3. Ten percent (10%) of any funds collected by the Sugar Regulatory Administration or the Philippine Coconut Authority for students in provinces where they are collected; 4. Ten percent (10%) of the net income of the Development Bank of the Philippines; 5. Portions of the Overseas Welfare Fund to benefit the dependents or children of overseas workers; and 6. Any other lump sum appropriations or collections under the supervision and control of the Office of the President. 2. Twenty percent (20%) of the travel tax and airport departure tax collections; a) The appropriations of the Department of Education, Culture and Sports authorized in General Appropriations Act for Fiscal Year 1989, Republic Act No. 6688, for A.7.d Implementation of programs for secondary education, A.7.e Implementation of programs for higher education, A.7.g Implementation of free secondary education shall be reduced as far as practicable on a proportionate basis by region to provide funds for the requirements of this Act in Fiscal Year 1989: Provided, That savings from any other item of appropriation of the Department of Education, Culture and Sports may be utilized for the implementation of this Act in Fiscal Year 1989: Provided, further, That any deficiency shall be taken from any or all of the following sources: b) The amount of assistance on a per student basis as determined under Section 5(a) and (b) and Section 9(a) of this Act shall remain the same for the subsequent years unless Congress provides otherwise.
  • 30. R.A. 8545 SEC. 15 – PROGRAM ADMINISTRATION/RULES & REGULATIONS The State Assistance Council shall be responsible for policy guidance and direction, monitoring and evaluation of new and existing programs, and the promulgation of the rules and regulations, while the Department of Education, Culture and Sports, the TESDA and the CHED shall be responsible for the day to day administration and program implementation for the programs of assistance to private secondary education, post-secondary vocational and technical education and higher education, respectively. Likewise, it may engage the services and support of any qualified government or private entity for its implementation.
  • 31. R.A. 6728 SEC. 16 – PENALTIES In case of any violation of the provisions of this Act or the rules and regulations promulgated pursuant thereto by an institution, the Department of Education, Culture and Sports, upon the recommendation of the Council, may bar the institution from participating in or benefiting from the programs of this Act, and from other programs of the Department, without prejudice to administrative and criminal charges as may be filed against the school and/or its responsible officers under existing laws. Any school who shall refuse, as required under paragraph (1) (c) of Section 5, Section 8 (b) and Section 9 (b), to furnish copies of their audited financial statements to concerned sectors with whom they are having consultations prior to tuition fee increases, shall forfeit the right to increase their tuition fees, in addition to other penalties or sanctions as may be imposed under the preceding paragraph or by existing laws.
  • 32. R.A. 8545 SEC. 16 – APPROPRIATIONS The amount needed to implement these programs shall be provided for in the annual General Appropriations Act for the year 1998. The appropriation of One billion pesos (P1,000,000,000.00) already appropriated under the General Appropriations Act of 1998 shall be used for this purpose. All funds appropriated for this purpose shall be constituted as a trust fund to be administered by the State Assistance Council, which shall be directly and automatically released to the different regional offices of the DECS.
  • 33. R.A. 8545 SEC. 17 – PENALTIES In case of violations of the provisions of this Act or the rules and regulations promulgated pursuant thereto by an institution, the Department of Education, Culture and Sports, the TESDA and the CHED, upon the recommendation of the Council, may bar the institution from participating in or benefiting from the programs of this Act, and from other programs of the Department, without prejudice to administrative and criminal charges as may be filed against the school and/or its responsible officers under existing laws.
  • 34.
  • 35. Teacher I – Baras Pinugay Elementary School