RULES AND REGULATIONS GOVERNING PRIVATE SCHOOLS IN BASIC

EDUCATION

Section 20. Ownership of Private Schools. Educational institutions, other than those
established by religious groups and mission boards, shall be owned solely by citizens of
the Philippines or corporations or associations at least sixty per centum of the capital of
which is owned by such citizens. The Congress may however require increased Filipino
equity participation in all educational institutions.
Section 21. Establishment of Private Schools is Subjected to Prior Approval.
The establishment of a private school shall be subject to prior approval of the
Department thru its Regional Director having jurisdiction over the place where the
school or branch shall be established.
Section 22. Establishment of Private Schools shall be in accordance with Law and
this Manual. The establishment of private schools shall be pursuant to law and this
Manual.
Section 23. Incorporation of a Proposed Private School. A private school proposed
to be established must incorporate as either a non- stock or a stock educational
corporation in accordance with the provisions of the Corporation Code of the
Philippines. This requirement to incorporate may be waived in the case of family-
administered per- school institution.
Provided, that the minimum paid- up capital for stock educational institutions for
those engaged in elementary education shall not be less than One Million Pesos
(1,000,000.00); not less than Two Million Five Hundred Thousand Pesos
(P2,500,000.00) for those offering both elementary and secondary courses except
existing educational institutions organized as stock corporations prior to the passage of
RA 7798 which may retain their original capitalization.
A school that is established or organized as a stock corporation shall be ineligible
for any form of government subsidy, incentive or assistance, except those given to
individual students and teachers in the form of scholarship, student loans or other forms
of subsidy as already mandated under existing laws. Government assistance to non-
stock schools for educational programs shall be used exclusively for that purpose.
Section 24. Department’s Recommendation to the Securities and Exchange
Commission. The Securities and Exchange Commission shall not accept or approve
the Articles of Incorporation and By- Laws of any educational institution except upon
favorable recommendation of the Department.
Section 25. Reasonable Supervision and Regulation. All private educational
institutions shall be subject to reasonable supervision and regulation by the Department.
Section 26. Prohibition on the Establishment of Schools Exclusively for Aliens
and on the Composition of Aliens. No educational institutions shall be established
exclusively for aliens and no group of aliens shall comprise more than one third of the
enrollment in any school. However, said prohibitions shall not apply to schools
established for foreign diplomatic personnel and their dependents and unless otherwise
provided by law, for other foreign temporary residents.

B. PERMIT AND RECOGNITION

Section 27. Establishment and Recognition Distinguished. The establishment of a

private educational institution refers to the creation, founding, or organization of a
school resulting in its legal existence as an institution. Recognition presumes an existing
school and refers to the authorization granted by the Department for the school to
conduct educational programs or operations. Establishment precedes recognition.
Section 28. Authority to Operate. Educational institutions can undertake educational
operations only when so authorized by the Department. Consistent with the national
educational policies, plans and standards, the Regional Director concerned shall have
authority, accountability for approving the establishment of private pre- school,
elementary and high schools and learning centers.
Section 29. Permit and Recognition. Government authority which may be issued for
the operation of private schools in basic education shall be of two kinds: a) permit and
b) recognition. A permit for each year level or course shall be effective for a period of
one school year. The permit issued to a school is valid only for a specific educational
program and, while issued on a school year basis shall remain valid until formally
revoked by the Department. On the other hand, government recognition for each year
level or course shall be for an indefinite period provided that the requirements of law,
rules and standards will be satisfied.
Section 30. Requirements for Issuance of Permit. Request for the opening of a new
school or for the operation of a new grade or year level in existing elementary and
secondary schools should be submitted to the Regional Office on or before August 30
preceding the start of the school year when the school/new course is supposed to
operate. Subject to the authority of the Regional Director, the division office may also
accept said requests. The request shall be accompanied with a notarized feasibility
study covering comprehensively the following factors, supported with sufficient
evidence;
a. Purpose and objectives of proposed school or course;
b. Availability and adequacy of school site and building, including documents of
ownership thereof, location plan, development plan, pictures, or architect’s plan
of building, if the same is still to be constructed;
 c. Itemized cost of the project covering the entire course on terms of site, site
development, school building and quarters, classroom equipment and facilities,
library, salaries of faculty, and staff and maintenance;
d. Financial capacity of applicant, including his resources to provide the
requirements for the entire course and to support its operation from year to year
without depending solely on student’ fees;
e. Proposed faculty line – up and administrative and supervisory staff together
with their individual Transcript of Records and evidence of willingness to join
the school and;
f. Need or demand for establishment of the school or operation of the course in
the locality. If the course is already being offered in the same town or city, there
must be an evidence of the following factors:
 Distance of the applicant school to the existing school
 Enrollment in the existing school
 Number of students in the same locality enrolled in schools other than in
the existing school;
 Number of prospective students of applicant- school; and
 Facilities, standards, and supportive provisions for effective instruction
and quality education
30.1 Failure to submit the desired feasibility study to support the request for
operation shall be grounds for the outright disapproval of the same.
30.2 Existing schools that have no development plans or have not taken any
positive steps or actions towards development and growth, or have not maintained
satisfactory standards in their operation of duly authorized courses shall not be allowed
to open new courses.
30.3 The Regional Office should evaluate requests for the opening and operation
of courses at the elementary and secondary level. Subject to the authority of the
Regional Director, the Division Office may also evaluate the said requests.
30.4 The permit to open and operates schools on the 1 st and 2nd levels of
instruction in the region shall be granted by the regional Director concerned.
30.5 Private schools granted permission to open courses on the 1 st and 2nd levels
of instruction should file their application for permit to operate those courses with the
Regional Office on or before January 2 nd preceding the opening of the school year, and
prepare their facilities for the inspection, except as may otherwise be decided by the
Secretary. Subject to the Secretary’s authority, these schools may also file with the
Division Office.
30.6 A thorough inspection of the school shall be conducted by a supervisor to
determine compliance with the requirements, both in the authorized (if any) and new
grade/level. He/she shall submit a detailed and comprehensive report stating his
findings. The report shall cover adequately the following information:
 a. Date of visit
b. Course under Permit or recognition and number of sections in each course
c. Course applied for
d. Site description and area in square meters, adequacy for school purposes,
documents specifying ownership of land
e. Building description
f. Quarters and equipment
g. Health facilities
h. Administration and supervision: educational qualifications, experience, salaries
and tenure of office (permanent, contractual, part- time, or full- time) of school head and
administrative and supervisory officials
i. Faculty: list of faculty members for existing course and courses applied for
j. Financial Position
k. Admission credentials
l. How the school apportioned increases in tuition and other fees
m. Quality of instruction; observation; deficiencies noted
n. Retirement plan for its teachers and other personnel
o. Observation on implementation of deficiencies noted
p. Application and inspection fees: amount paid; official receipt number and date
of issue
q. Evaluation: Summary of findings, strong points, and deficiencies noted
r. Recommendations strictly based on findings during the visit and existing
standards and regulations.
30.7 Private schools should own sites adequate for their own buildings, for physical
education and athletics, military training and recreation, and also for vocational
education where this course is required in the curriculum. Its size, nature, location and
accessibility must adequately serve the purpose of the school. It should be free from
noise, unpleasant odors and dust, and should be sufficiently far from cockpits, dancing
halls, bowling alleys, movie houses, markets, garbage dumps, funeral parlors,
cemeteries, heavy traffic highway, jails, railroad yards, and manufacturing and industrial
establishments.
30.8 Ideally, the areas of school sites shall be as follows:
 a. One half (.5) hectare for a school with an enrollment of 50 or less students;
b. One (1) hectare for a school with an enrollment of 50 to 1,000 students;
c. Two (2) hectares for a school with an enrollment of 1,000 to 2,000 students;
d. Three (3) hectares for a school with an enrollment 2,000 to 3,000 students;
and
e. The same ratio should be maintained for enrollment in excess of 3,000.
30.9 Prior to issuance of permit, the school shall comply with the following:
a. Situated far from traffic, neighbors and fire hazards so that necessary
instruction and study can be carried on without undue interference from
neighbors or traffic and so arranged that the classroom work going on in one
will not interfere with those going on in the other classroom, study rooms,
laboratory rooms or library;
b. Planned and so constructed that in case of fire, typhoon, earthquake, all
students can evacuate the building promptly and safely;
c. Provided with fire escapes, fire extinguishers and other safety devices;
d. Provided with fire satisfactory toilet facilities, separate for students and faculty
by gender;
e. Provided with satisfactory toilet facilities, separate for students and faculty by
gender;
f. Adequately and properly lighted and ventilated;
g. Contains sufficient space, furniture and fixtures for the general needs of the
administrative staff, faculty and students;
h. Not used in any manner for private residence or for other purposes that might
interfere directly or indirectly in the proper functioning of the school;
i. Accessible and suitable administrative office, faculty rooms and library;
j. Adequate space for student/personnel services;
k. Sufficient space for Home Economics and other vocational courses;
l. The doors of the classrooms and laboratory rooms lead or open outwards
towards the corridors; and
m. In case of a two (2) or more story building, at least two (2) stairs with a
minimum width of two (2) meters shall be provided subject, however, to other
government regulations. Ramps shall be provided for students with special
needs (BP 344 Accessibility Law)

30.10 The Regional Director shall sign the permit for the Secretary of Education.
The permit shall cover the period of one school year. In issuing a permit, the Regional
Director shall observe the following:
30.10.1 No permit shall be issued to a private school unless it has submitted a
school bond the amount of which shall be fixed by the Secretary.
 30.10.2 The Government Permit issued to a school is valid only for a specific
educational program, and while issued on a school year basis, shall remain valid
until revoked for cause.
30.10.3 The Regional Director shall furnish the Secretary of Education, before
the opening of classes, a list of permits issued, attaching thereto copies of
permits.

Section 31. School Advertisement. Any advertisement or announcement referring to

the programs or courses of study being offered which are in the permit phase shall
include the words “Under permit by the Department of Education”.
It shall be unlawful for any school to advertise or cause the publication of any
advertisement or announcement before a permit to operate is granted.
Section 32. Grant of Recognition. The grant of recognition for schools shall be based
on its satisfactory operation during the school year, without any deficiencies in
instruction, administration and/or management and on full compliance with the
prescribed requirements of the course.
a. On or before February 1st, preceding the opening of the school year, schools
operating courses under a temporary permit shall file an application for
recognition of those courses on the first and second level of instructions. It
should be filed with the regional office. Subject to the authority of the Regional
Director, the Division Office may also accept such application.
b. There is no prescribed application form for recognition. A simple letter will do.
Supporting exhibits are not necessary. However, where there are courses for
recognition and courses for permit, both may be applied for in one (1) application,
using the application form for the permit to operate the school.
c. A permit to operate which has been previously issued shall continue to be valid
and considered renewed during the period where the school has already applied
for recognition and the Department has not officially responded, either favorably
or unfavorably.
d. The certificate of recognition granted for an educational program shall continue to
be valid unless a written revocation shall have been issued by the Department.
e. Where grant of recognition of courses on the first and second level of instruction
(elementary and secondary education) is desired, the Schools Superintendent
shall submit to the Regional Director his report and recommendation on the
Processing Checklist Form together with the supervisor’s report and the
application paper. Grant of Recognition shall be decided by the Regional
Director. The Regional Office shall furnish copies of recognition issued to the
school concerned and the Office of the Superintendent.
Section 33. Effects of Recognition. The issuance of a Certificate of Recognition to a
school for a particular educational program/course of study shall have the following
effects:
a. It transforms the Permit to permanent authority for the school too operate the
course.
b. It entitles the school to give the students who have completed the course a
certificate, title, diploma, or degree; and
c. It entitles graduates of recognized courses to all the benefits and privileges
enjoyed by graduates of similar programs in all schools authorized by the
government.
Section 34. Revocation/ Withdrawal of Recognition. The closure of any program or
course offered by a school may either be;
a. Voluntary, when the school for valid cause and on its own initiative chooses to
terminate or close any of its programs or courses offered, provided such
closure is undertaken at the end of a school term, and provided further that
the school remains obliged to furnish the necessary transfer credentials and
records to the students affected by the closure, or
b. Involuntary, when the closure or termination is ordered by the Department
through the revocation/withdrawal of the permit or certificate of recognition
previously issued for the program or course.
Any action regarding revocation/withdrawal of the Certificate of Recognition
must be for valid cause pursuant to existing laws and Department regulations and after
due process, and shall be subject to the approval of the Regional Director. The valid
causes must cite the specific instances of grave violations of Department regulations.
The school must be informed by the Department in writing, by registered mail, of
the substantial deficiencies or causes for proposed revocation, and shall be required to
explain satisfactorily the violations within a reasonable period.
Revocation may be done only after re- inspection and reevaluation to determine
the school’s performance in providing efficient, quality and relevant educational
services. Revocation is done only with due process after failure of the school concerned
to correct the deficiencies and/or explain satisfactorily the violations within a reasonable
period.
The Certificate of Recognition may be revoked after due process if the
circumstances so warrant, or reverted to a Permit to operate for a period of one school
year, for any of the following causes, without prejudice to instituting appropriate actions
and imposing appropriate sanctions against the responsible school officials;
a. Fraud or deceit committed by the school in connection with the application to
the Department for Government Permit or Government Recognition.
 b. Unauthorized operation of a new school or branch, or a new program or
course of study, or major components thereof.
c. Violation of DepEd Orders or regulations
Within sixty (60) days after receipt by the school of the notice of revocation from the
Department, the school may file a request for reconsideration, indicating its responses
to the specific adverse findings of the Department which led to the revocation.
Section 35. Automatic Cancellation of Recognition. Government recognition not
operated for more than one (1) school year is deemed automatically cancelled.
Section 36. Reopening Under Permit Status. A school with a cancelled recognition
caused by its failure to operate for more than one (1) school year may reopen under
permit status provided, however, that the department rules and prescribed standards
have been complied with by the school concerned.
Section 37. Transfer of School to Another Location. The government recognition of
a school which is transferred to another location is deemed cancelled: Provided
however, that the government recognition may be retained, as an exception if the new
site and campus school buildings and quarters are found to be much better than the
former, and if all others standards have been satisfactorily maintained.
Section 38. Change of Ownership. As a rule, a school which changed ownership is
considered a new school and the course recognition issued to the former owner shall be
deemed cancelled. In such case, the new owner has to apply for and secure from the
Department a new permit or recognition.
Section 39. Punishable Violations. Operation of schools and educational programs
without authorization, and/or operation thereof in violation of the terms of recognition,
are declared punishable violations subject to the penalties provided in Batas Pambansa
Blg.232.
Section 40. Restoration of a Revoked Recognition. A revoked government
recognition for a private school may be restored when the basis for such revocation no
longer exists, all requirements having been met and after the school has confirmed with
the department rules and prescribed standards; provided, that the school concerned
shall resume operations under permit status for one school year. Government
recognition may be restored after one (1) school year of satisfactory operation of the
course under permit in terms of administration and management, instruction and all
requirements of the Department.

C. ESTABLISHMENT OF BRANCH AND NIGHT CLASSES; CLOSURE OF

SCHOOLS
Section41. Establishing Branch School. In line with the Constitutional mandate for
the State to take appropriate steps to make quality education accessible to all, the
Department encourages educational institutions to establish branches all over the
country which shall be considered part of the corporate identity of the educational
institution originally recognized by the Department. Accordingly, there is no need for a
school branch to incorporate or to have a separate corporate identity for the
establishment of a school branch. Educational institutions shall still secure approval
from the Regional Director concerned to operate a branch school.
However, the privilege of establishing a branch within the same city or municipality
without need for prior approval shall not be applicable for the National Capital Region or
its component cities and municipalities.
A school facility shall be considered a branch where (1) a separate site and attendance
educational facilities such as building and classrooms specifically for the school have
been established, (2) the branch is offering educational programs which are also offered
in the main school, and (3) the courses offered in the branch are not restricted to a
special clientele such as employees of a company, but are open to the qualified general
public.
A school facility shall be considered an extension class where it possesses the
characteristics of a school branch as above, with the exception that (1) administrative
and support facilities mentioned are not available at the site, but merely the classrooms;
(2) enrollment in an extension class is restricted to a special clientele, and not available
to the general public; and (30 such extension classes are temporary in nature. Prior
notice given to the Department on the intention to hold extension classes will be
sufficient.
The school may at its discretion apply as a separate educational institution rather than
as a branch: As such, the applicant therefore shall meet the requirements for the met in
the establishment of a new school.
Section 42. Guidelines for the Operation of Night Classes. The following conditions
should be met in the operation of night school classes:
42.1 Night school classes should be operated only in schools that operate
recognized/authorized day classes.

42.2 They should be operated only in schools with adequate lighting facilities
in the classrooms and the school premises. The school should provide
maximum security measures for students, teachers and school
administrators.

42.3 The school should be accessible to transportation.

42.4 Only qualified students should be allowed to enroll. They should have:
  A certificate to graduation from elementary school, or
 A certificate of the Philippine Educational Placement Test (PEPT)
results.
42.5 Students in night secondary schools should be self- employed or
employed by other people during the greater portion of the day. A certificate of
employment duly signed by the student’s employer, indicating the nature of the work,
should be required before enrolment.
42.6 The Technology and Home Economics (THE) requirements may be
fulfilled in the student’s places of work subject to proper supervision and evaluation by
the THE teacher. The evaluation should include a brief narrative report which should be
recorded and submitted to the principal in properly accomplished grading sheets.
42.7 All curriculum requirements governing the day classes should apply to the
night secondary classes. Night secondary classes should be offered for five (5) years.
42.8 Night high school classes must be adequately and efficiently administered
and supervised by a qualified high school principal, or a qualified school head teacher/
department head official or a secondary school teacher who may be designated as
officer- in – charge of the night classes.
42.9 The school should have a librarian who will serve the night classes and will
make available all library facilities provided for the day students.
42.10 Prompt and regular attendances of students must be enforced in night
high school classes.
42.11 Teaching load of teachers should not more than 12 hours a week and
require not more than three (3) preparations.
42.12 Enrollment should not be less than 20 and not more than 40 students in
a class.
42.13 The budget should be properly itemized and should include the
salaries/honoraria of qualified teachers, principals and school officials/personnel directly
involved in its operation and maintenance.
42.14 For private secondary schools, tuition fees must be collected from each
student, the amount of which shall be in accordance with existing rules and regulations.
42.15 Night classes should begin not earlier than 4:30 in the afternoon and
end not later than 9:30 in the evening.
42.15.1 Secondary schools operating night classes should submit their five- year
night class program to the Office of the Regional Director not later than April 30
before the start of the new school year.
 42.15.2 Secondary schools already operating night classes prior to SY 2000-
2001 have to go on with their present curriculum until all the old students have
graduated. First year students in SY 2000-2001 onwards shall be covered by the
provisions in this section.
Section 43. Closure of Schools. The closure of any program or course offered by a
school may be either:
a. Voluntary, when the school for valid cause and on its own initiative chooses to
terminate or close any of its programs or courses offered, provided such closure
is undertaken at the end of a school term and provided further that the school
remains obliged to furnish the necessary transfer credentials and records to the
students affected by the closure, or
b. Involuntary, when the closure or termination is ordered by the Department
through the revocation/withdrawal of the permit or certificate of recognition
previously issued for the program or course.
43.1 Withdrawal/Revocation of Recognition- any action regarding
withdrawal/revocation of recognition must:

a. Be for valid cause pursuant to existing law;

b. Observe due process where the school concerned, through its head, must
be informed by the Regional Director in writing by registered mail, of the
deficiencies and required to explain the violation within a reasonable period;
and
c. Be due to failure of the school concerned to correct the deficiencies, and/or
to explain satisfactorily the violation after having been given a reasonable
period to do so.
43.2 A private school which has not been granted government recognition
after more than five (5) renewal permits may be subject for closure.
43.3 The Regional Director, after a thorough investigation and
recommendation of the Schools Division Superintendent, may declare a
private school temporarily closed when:
a. No students are enrolled therein;
b. The school buildings are destroyed or have been declared dangerous
to life;
c. The entire school building and site houses refuges from calamities;
and
d. There is no peace and order in the community.
 43.4 The Regional Director shall close any private school that will be found to
be operating without any permit or recognition. In closing such schools, the
Regional Director may seek the assistance of any officers of the law.
Such decisions of the Regional Director should be immediately submitted to the
Secretary.

Section 44. Dissolution of a School. The dissolution and subsequent liquidation of a

school shall conform in any case to the provisions of the Corporation Code of the
Philippines on the dissolution of corporations.

D. ESTABLISHMENT OF A FOREIGN OR INTERNATIONAL SCHOOL

Section 45. Establishment of a Foreign or International School. A foreign or

international school may be established in the Philippines for foreign diplomatic
personnel and their dependents and, unless otherwise provided by law, for other foreign
temporary residents.
Section 46. Use of the word “Foreign or “International or Name of a Foreign
Country. Only a school established for foreign diplomatic personnel and their
dependents and for other foreign temporary residents shall be allowed by the
Department to use as part of the name of the school the word “Foreign” or
“International” or the name of a foreign country.
Section 47. Manner of Establishing a Foreign or International School. A foreign or
international school may be established through legislation or by applying to any foreign
or international school the same terms and conditions or requirements governing the
grant of government authority to operate a pre- school, elementary or secondary course
or a year level therein subject to the condition that the school is established for foreign
diplomatic personnel and their dependents and for other foreign temporary residents. It
will be allowed by the Department to use the school calendar and curricular program in
basic education of a foreign country subject to limitations or regulations that the
Secretary may impose.
Section 48. Foreign Temporary Resident. A foreign temporary resident in the
Philippines shall be allowed to study in a private school as well as in a foreign or
international school provided that he/she has a student visa granted by the Bureau of
Immigration.
Section 49. Enrollment of Filipino Students in Foreign or International School. A
foreign or international school establish for foreign diplomatic personnel and their
dependents and for other foreign temporary residents may accept the enrollment of
Filipino students; provided: that the group of Filipino students shall not comprise more
than the limit to be set by the Department provided further, that the study of the
Philippine Constitution shall be part of the Curricula for Filipino students in such
schools; provided also, that they shall inculcate Filipino patriotism and nationalism,
foster love of humanity, respect for human rights and appreciation of the role of Filipino
national heroes in the historical development of the country, teach the rights and duties
of Philippine citizenship, strengthen ethical and spiritual values, develop moral character
and personal discipline, encourage critical and creative thinking, broaden scientific and
technological knowledge and promote vocational efficiency; and provided lastly that an
elementary or secondary student from a foreign or international school may transfer to a
private or public school subject to the guidelines of the Department.
Section 50. Control and Administration of a Foreign or International School by
Aliens. A foreign or international school established for foreign diplomatic personnel
and their dependents and for other foreign temporary residents may be under the
control and administration of aliens who have the necessary visa from the Bureau of
Immigration and working permit from the Department of Labor and Employment.

E. ADMINISTRATION

Section 51. Governing Body. Every private school shall have a governing board which
shall exercise general supervision, have exclusive control and direction of all funds,
prescribe policies, make rules and regulations and establish practices consistent with
law for the governance and direction of the school.
Trustees of educational institutions organized as non-stock corporations shall not
be less than five (5) nor more than fifteen (15). For institutions organized as stock
corporations, the number and term of directors shall be governed by the provisions of
the Corporation Code on stock corporations.
 The control and administration of educational institutions shall be vested in citizens
of the Philippines. Trustees or directors of educational institutions shall possess at least
a bachelor’s degree.
Section 52. Rights of School Administrator. Subject to the limitation prescribed by
law and the policies and regulations of the school’s governing board, the rights of the
administrator of a private school shall be:
a. To plan, organize, and implement school policies and strategies of action as
may be necessary to carry out the objectives of the school;
b. To implement the development program of the school based on the
budgetary provisions approved by the governing board.
c. To exercise administrative jurisdiction over the school and its operations in
order to maintain peace and harmony in the realization of its approved
objectives;
d. To determine whom to admit as students, based on fair, reasonable and
equitable admission and academic requirements, whom to appoint as school
personnel, what to teach, subject to the condition that the core curriculum
issued by DepEd shall be complied with and what instructional material and
facilities to provide;
e. To adopt and enforce such measures, rules and standards as may be
necessary to maintain discipline among students, teaching and other
personnel of the school subject to reasonable regulations and supervision of
the Secretary or his duly authorized representative; and
f. To avail of the assistance of subordinate officials or personnel in the
implementation of the school management policies.
Section 53. Duties and Accountabilities of School Administrator. Subject to the
limitations prescribed by law and policies and regulations of the school’s governing
board, the duties and accountabilities of the administrator of a private school shall be:
a. To respect the authority of the school’s governing board as well as the rights
of the other members of the school community;
b. To plan, organize, and implement policies and strategies of action so that
each component unit of the school can direct its effort toward the attainment
of its approved objectives;
c. To implement the policies and decisions of the school’s governing board for
the orderly, efficient and effective management of the school;
d. To provide s healthy and wholesome school environment conducive to
effective learning
e. To exercise the due diligence expected of a good father of a family in the
management of the school so as to prevent any damage or injury to life or
property inside or outside the school campus; and
f. To see to the financial viability of the school and to cause payment of its
obligations when they become due.
Section 54. Chief Executive Officer. The person charged with the overall
administration and management of each private school shall be known as President,
Rector, Director or Principal or such other title as may be provided for in the
organization thereof. As chief executive officer of the school, the President, Rector, or
Principal shall be recognized as the school heads in relation to the Secretary or his duly
authorized representative.
Section 55. Qualifications of the School Head. The school head, including his
assistants, if any, shall possess such appropriate educational qualifications as may be
prescribed by the Secretary and shall have adequate experience in school
administration or management, or equivalent, at the time of his appointment.
The school head must (1) be a Filipino citizen, (2) possess at least a master’s
degree or a professional license requiring at least a bachelor’s degree; (3) have
adequate teaching experience, managerial competence and technical expertise in
school management, or have a background of demonstrated service and competence in
his previous field of endeavor, and (4) be a good moral character.
Section 56. Qualifications and Functions of the Principal. The principal in the
elementary and secondary levels shall hold a master’s degree and should have at least
five years of relevant teaching or of administrative experience.
The principal shall assist the school head in the attainment of the objectives of
elementary or secondary education, and his functions and responsibilities explicitly
stated by the school.
Section 57. Powers. In general, the school head shall responsibility of executing and
implementing the policies and general plans laid down by the governing board of the
private school and implementing the reasonable rules and regulations of the
Department. The specific powers of the school head shall de defined in the by- laws of
the school corporation. The authority of the school head shall be broad enough as to
enable him to carry out successfully the development plan of the school, the policies of
its governing board and the reasonable regulations of the Department.
Section 58. Term of Office and Conditions of Employment of School Head. The
term of office, compensation, benefits, and other conditions of employment of the school
head of each private school, including his assistants, if any, shall be defined in and
secured by a contract or appointment, which shall be the subject of agreement by and
between the parties in consonance with law and the rules and standards of the school.
Unless exempted for certain valid reasons by the Secretary, the school head or his
assistants, if any, shall serve on a full- time capacity.
Section 59. Qualifications of School Supervisory Official. A personnel of private
schools assigned with supervisory instructional functions in the different levels of
instruction shall have the following minimum qualifications which shall be duly supported
by valid credentials:
 1. Principal of kindergarten, elementary school- master of arts in education, or
equivalent, with three years of successful teaching experience in the elementary
grades or equivalent; and
2. Principal of secondary schools- Master of Arts in education, or equivalent, with
three years of successful teaching experience in the high school or equivalent.
3. School personnel charged with supervisory academic functions in
vocational/technical schools or courses shall possess appropriate educational
qualifications as may be prescribed and at least one year of successful
experience in the work regularly assigned to them.
The Secretary shall issue through regulation the guidelines on equivalencies of
qualifications of school supervisory personnel, based on pertinent experience and
number of curricular years for the completion of each course, among others.
Section 60. Conditions of Employment of a School Supervisory Official. The terms
of office, functions, responsibilities, compensations, benefits, and other conditions of
employment of school supervisory officials in each private school shall be defined in and
secured by their appointments or contracts which shall be the subject of agreement by
and between the parties in consonance with law, or the school rules and regulations.
Section 61. Qualifications and Functions of the Registrar. The registrar shall hold a
bachelor’s degree and have at least (3) years of training or experience in the servicing
and maintenance of student academic records and related school work.
The Registrar shall be responsible for the school records of pupils and students,
and his functions and responsibilities explicitly stated by the school. Unless otherwise
indicated by the school, the Registrar shall be the principal contact person of the
Department.
Every private school shall preserve and maintain the integrity and confidentiality of
its pupils/student records. The issuance of pupils/student records shall be done by the
Registrar in accordance with law and the regulations contained in this Manual.

F. PERSONNEL

Section 62. School Recruitment Policy. Each private school shall have a policy on
recruitment, selection and appointment of its school personnel, subject to the salary and
qualification standards and other conditions of employment as provided for by law in this
Manual, and such other regulations issued by the Secretary.
Every private school shall promote the improvement of the economic, social and
professional status of all its personnel.
In recognition of their special employment status and their special role in the advance of
knowledge, the employment of teaching and non-teaching academic personnel shall be
governed by such rules as may from time to time be promulgated in coordination with
one another by the Department of Education and the Department of Labor and
Employment.
Conditions of employment of non-academic, non-teaching school personnel, including
compensation, hours of work, security of tenure and labor relations, shall be governed
by the appropriate labor laws and regulations.

Section 63. Probationary Period; Regular or Permanent status. A probationary

period of not more than three years in the case of the school teaching personnel and
not more than six months for non-teaching personnel shall be required for employment
in all private schools. A school personnel who has successfully undergone the
probationary period herein specified and who is fully qualified under the existing rules
and standard of the school shall be considered permanent.

Section 64. Security of Employment. Stability and Security of employment shall be

assured all private personnel as provided under this Manual and other applicable laws.
School personnel shall be provided with a contract or appointment in accordance with
employment status in the school.

Section 65. Labor Organization. The recognition of labor organizations in any school
shall be governed by the provisions of the Labor Code and subject to regulation and
supervision by the Department of Labor and Employment.
Section 66. Full-time and Part-time School Employment. As a general rule, all
private school shall employ full-time school personnel. An applicant shall be eligible for
a full-time employment in a private school whenever he has the minimum qualifications
prescribe in this Manual, has no other remunerative employment requiring regular
working hours elsewhere, and whose services to the extent of at least eight hours
during each working day are available during the entire time the school operates. The
employment of part-time school personnel shall be reckoned in terms of the needs of
the school and/or the availability of the qualified applicants.

Section 67. Full-time and Part-time School Personnel; Ratio of. The ratio in the
employment of part-time and full-time school teaching personnel in all private schools
shall be issued to regulation by the Secretary, based on the nature of the course-
offerings, qualifications for teaching, and full-time equivalents, among others.

The ratio in the employment of school non-teaching personnel, except the school
head and other school supervisory officials, shall be determined by each private school
on the basis of the nature as well as it needs of the services therein.

Each private school shall keep official records of all its school personnel.

Section 68. Rights of School Teaching Personnel. Subject to the limitations

prescribed by law and the school policies and regulations, the rights of a teaching
personnel of a private school shall be:
a. To be respected in his rights as a teacher and as a citizen by his school
superiors, peers, and students;
b. To be formally apprised of the specific terms and conditions of his employment,
and to be paid his salary and other benefits as they become due and payable;
c. To be secured in his employment in the school after he has successfully passed
the prescribed probationary period therein;
d. To determined and give the ratings of his students with objectivity and guided by
the norms of the teaching profession;
e. To bring to the attention of the proper school authority any matter affecting his
employment in consonance with fairness, justice and ethics;
f. To imposed reasonable disciplinary actions and sanctions on minor cases of
misbehavior of student during the class hours, or during non-class hours when
he is officially designated or appointed as a school representative;
g. To seek the truth, to inquire, discover, publish, and teach the truth in his area of
competence, without undue interference, except as may be imposed by the
ethics or standards of his discipline;
h. To be formally informed of his performance rating at least once every school
term, based on the generally accepted evaluation techniques and procedures,
and in the event of adverse findings, to be afforded a reasonable time within wich
to improve himself in his performance;
i. To be informed by any complaint against him, to be heard by himself or by
counsel in any administrative investigation, to present evidence for his defense,
to control and cross-examined witnesses, to be informed of the decision, and to
appeal to proper authorities;
j. To form, or join, or not to join, organizations for the advancement of his
professional as well as economic interest as may be recognized by the school
administration;
 k. To pursue higher formal studies in lined with the approved programs of
development of the school; and
l. To recommend changes in the policies, programs, organizations and
management of the school.

Section 69. Duties of a School Teaching Personnel. Subject to the limitations

prescribed by law and school policies and regulations, the duties of a school teaching
personnel of a private school shall be:

a. To teach subjects or perform school assignments effectively, observe regular

attendance in his work and give fair and just ratings to his students on the basis
of prescribed standards;
b. To recognized and respect the rights of his school superiors, co-workers and
students;
c. To teach by percepts and example in terms of excellence and personal integrity;
d. To refrain from discussing matters outside the scope of his course or discipline
inside the classroom;
e. To broaden and update his competence through reading professional and
scientific publications and journals, and when appropriate through purposeful
participation in local and national meetings, seminars, conferences, workshops,
and other similar fora;
f. To share his expertise toward the expansion of the frontiers of knowledge in his
profession through researches, creative writings, and active participations in
professional and educational conferences;
g. To assist in every way feasible the school administration and his co-workers in all
activities aimed at improving and strengthening the operations and programs of
the school;
h. To conscientiously fulfill the terms and conditions of his employment for the
period of time agreed upon and to give the school administration a reasonable
time to assign his replacement when he decides to terminate his relationship with
the school;
i. To avoid any professional or personal actions of activity which may result
economic loss or legal and social embarrassment if his school;
j. To state clearly, when giving out public statements, whether he speak as an
official representative of his school or as an individual citizen;
k. To enforce the reasonable rules, standards and policies of his school with
objectivity and to maintain at all times good discipline among his students inside
or outside the classroom.
Section 70. Minimum Qualifications of a School Teaching Personnel. The school
teaching personnel in pre-school, elementary and secondary level of basic education in
all private school shall possess appropriate educational qualifications and must pass the
Licensure Examination for Teacher (LET).

a. The minimum educational qualification for school teaching personnel in the

kindergarten and elementary levels shall be a bachelor’s degree in education.
b. The school teaching personnel in the secondary level of instruction shall have the
following minimum educational qualifications:
1.) For the academic subject – a bachelor’s degree in education, or equivalent, or
a bachelor’s of arts, with such additional number of professional education
subject as may be required, to teach largely in their major or minor fields of
concentration.
2.) For vocational subjects – a graduate of any bachelor’s degree, with the
knowledge of vocational courses to be taught.

Section 71. Appointment of School Personnel. The selection and appointment of

school personnel shall be the responsibility of the governing board of each private
school. The designations, qualifications, salary rate, and date of effectivity and other
terms and conditions of employment shall be specified in the appointment or contract of
each school personnel accordance with the provision of this Manual, or its implementing
rules, and the policies and standards of the school. The appointment or contract of each
school personnel shall be signed by the school head, or his duly authorized
representative, and the school personnel concerned.

Section 72. Contract or Appointment. All school personnel shall be given each a
contract or appointment, as the case may be, which shall define in specific terms the
stipulations and conditions of employment with the private school in accordance with
law, school policies, and the provisions of any applicable collective bargaining
agreement. School personnel under temporary status shall each be provided with a
written contract, with a period of at least one school term which may be renewed for a
similar period subject to the agreement of the parties. School personnel under
permanent status, either part-time or full-time, shall each be provided with a written
appointment for an indefinite period which shall be deemed subsisting and effective,
unless otherwise terminated in accordance with law and existing rules and policies of
the school.

The contract or appointment signed and acknowledge by the parties in the event
of any dispute relative to the terms and conditions of employment shall be taken as the
law between them, unless the agreement is contrary to law, public, policy, morals, or
good customs.

Section 73. Transfer of School Teaching Personnel. It shall be prohibited for any
school teaching personnel, whether temporary of permanent, to terminate his
employment, desist from complying with his written commitment, or transfer to another
school during the school term or during the effective period of his contract or
appointment, except when the termination, desistance, or transfer has the prior approval
of the school head or as allowed in this Manual. It shall likewise be prohibited for any
school teaching personnel, whether temporary or permanent, to teach in another
school, unless such employment has the prior approval of the school head of the
school, wherein he is regularly employed and subject to the limitation on subject- load.
Any violation of this provision shall subject the erring school personnel to such
appropriate disciplinary sanctions as may be imposed by the private school in
accordance with such regulations as may be prescribed by the Secretary, and without
prejudice to any right of action of the school as provided for by law.
Section 74. Grievance Machinery. Every private school shall provide for amicable
internal procedures or remedies, including provisions for voluntary arbitration, as a
preferable measure in the settlement of any issue, dispute or grievance arising from
employment relations.
Section 75. Removal, Reduction in Salary or Suspension of School Personnel.
Removal, reduction in salary, or suspension without pay of school personnel under
permanent status of private school shall be for cause and after due process as provided
for in this Manual, its implementing rules, and the policies and regulations of the school.
Any removal, reduction in salary or suspension without pay of school personnel under
permanent status in violation of the provisions of this Manual shall be null and void.
Removal, reduction in salary, or suspension without pay of school personnel
under temporary status shall be subject to such regulations as may be promulgated by
the Secretary to prevent circumvention of the right of such personnel to be secured in
their employment as defined in their agreements. Any temporary school personnel who
had been removed in violation of the regulations issued by the Secretary, or as provided
for in the school rules, or in any applicable agreements, may be reinstated or paid his
back salaries computed from the time it was withheld from him and for the rest of the
period provided for in his contract, at the option of the school.
Section 76. Termination of Employment by the School Administration. School
personnel of private schools under permanent status may be removed, reduced in
salary, or suspended without pay for the following causes;
 a. Dishonesty, fraud, or willful breach of the trust reposed in him by the school
through its duly constituted authorities;
b. Oppression, or commission of a crime against the person of school officials,
students, or any other component elements therein;
c. Misconduct which directly or indirectly affects the integrity of the school;
d. Neglect of duty, or inefficiency;
e. Notoriously disgraceful or immoral conduct;
f. Violation of Reasonable school rules, or willful disobedience of a reasonable
order of the school authorities in connection with his work;
g. Improper or unauthorized solicitation or collection of contributions from, or selling
of tickets or materials, to students and school personnel;
h. Conviction of a crime involving moral turpitude; or
i. Other causes analogous to the foregoing as may be provided for in the
regulations prescribed by the Secretary, or in the school rules, or in collective
bargaining agreements.

Section 77. Safeguard in Disciplinary Procedures. School personnel employed

under permanent status in all private schools shall enjoy the following safeguards in any
disciplinary proceedings against them, which may result in suspension without pay,
reduction in salary, or termination of employment:
a. The right to be informed in writing of the specifications of the complaint;
b. The right to answer in writing complaint;
c. The right to speedy disposition of the case and full access to the evidence;
d. The right to defend himself, or through counsel of his choice, with adequate time
for preparation of his defense; and
e. The right to be informed of the decision in writing and to appeal to proper
authorities.

Section 78. Period of Appeal. School personnel under permanent status in all private
schools who are removed, reduced in salary, or suspended without pay as a result of a
disciplinary proceeding may appeal to the Secretary or his duly authorized
representative, within fifteen days from the date of receipt of a copy of the decision. In
the absence of an appeal in writing within the reglementary period herein provided, the
decision of the school shall be final and executory.
Section 79. Limitation of Penalty. In meting out sanctions, penalties shall be imposed
for like offenses, and no private school personnel shall be penalized more than once for
the same offense. An admonition or a warning shall not be considered a penalty.
Section 80. Preventive Suspension. The school head of a private school may
preventively suspend a school personnel who is under investigation, if the charge
against him involves dishonesty, oppression, grave misconduct, neglect in the
performance of duty, or if there are strong reasons to believe that he is guilty of such
changes which would warrant his removal from the school. Preventive suspension of
school personnel shall be exercised on the grounds and in the manner provided therein.

A preventive suspension without pay, imposed upon any school personnel

shall not be more than sixty days. After the expiration of such period, he shall be
reinstated, or his suspension shall continue with provisional pay; provided that when the
delay in the disposition of the case is due to the fault, negligence, or petition of the
school personnel himself, the period of delay shall not be counted in computing the
period of suspension herein allowed.

Section 82. Termination of Employment by School Personnel.

a. Except as otherwise provided for in this Manual, a school personnel may
terminate without just cause his employment in a private school by serving a
written notice on the school head at least one month in advance. The school
upon whom no such notice was served may hold the school personnel liable for
damages.
b. A school personnel may terminate his relationship with a private school without
serving any notice for any of the following causes:

1) Serious insult on his honor and person by the school or its duly authorized
officials;
2) Inhuman and unbearable treatment given him by the school or its duly
authorized officials;
3) Commission of a crime or offense against his person or any of the immediate
members of his family by the school or its duly authorized officials;
4) Other causes analogous to the foregoing.
Section 83. Disease as Ground for Separation. A private school, through its chief
executive officer, may terminate the service of any school personnel who is found to be
suffering from any disease and whose continued employment is prohibited by law or its
prejudicial to his health as well as to the health of students or co- workers. In addition to
other benefits as provided for by law, a school personnel who is removed from the
school under this provision shall be paid separation pay equivalent at least to one
month salary or to one- half month salary for every year of service, whichever is greater,
a fraction of at least six (6) months being considered as one whole year.
Section 84. Reduction of School Personnel. Whenever reduction of school personnel
becomes imperative in a private school due to unavoidable or unforeseen
circumstances beyond the control of the school administration, or in case of voluntary,
closure or phasing- out of the school or of any of its programs, the school personnel in
the same group or class of positions shall be reasonably compared in terms of relative
fitness, efficiency, educational qualifications, and length of service and those found to
be the least qualified shall be separated. The termination of employment under this
Section shall entitle the school personnel affected thereby to separation pat equivalent
to one month or at least one- half month salary for every year of service, whichever is
higher, a fraction of at least six months being considered as one whole year.
Section 85. Involuntary Closure of School. The closure of a private school or course
for cause as provided for in this Manual, or the cessation of operation which is found to
be illegal or in violation of the regulations prescribed by the Secretary, shall entitle the
school personnel affected thereby separation pay equivalent to one month salary or to
at least one -half month salary for every year of service, whichever is higher, a fraction
of at least six months being considered as one whole year, and without prejudice to
reinstatement or loss of seniority rights, at the option of the school personnel, in case of
the reopening of the school.
Section 86. When Employment Not Deemed Terminated. A bona fide suspension of
the operation of a private school or course for a period not exceeding one school term
or the fulfillment by a school personnel of a military or civic duty shall not terminate
employment. In such cases, the school shall reinstate the school personnel concerned
to his former position without loss of seniority rights if he indicates his desire to resume
his work not later than one month from the resumption of the school or course or from
his relief from the military or civic duty.

G. REMUNERATION AND COMPENSATION

Section 87. Salary of School Personnel; Criteria. The salary ranges of each position
or class of positions in every private school shall be specified in its school rules and
regulations.

The following criteria shall be observed in the formulation of standards

regarding salaries of school personnel, taking into consideration the level of school fees
charged by the school:
a. In general, the salary ranges of each position or class of positions shall be
comparable with those paid for the same or similar positions in the qualifications,
training, and abilities.
b. The salary ranges or their equivalent amounts shall be such to insure for the
school personnel a reasonable standard of living for himself and his family; and
 c. The salary ranges for each position or class of positions shall be properly graded
in order to recognize performance and merit, and the fact that the various
position or ranks in each private school require different or higher qualifications
and responsibilities than others.
Section 88. Salary Scale. The salary scale for each position or class of positions in a
private school shall provide for a gradual progression from a minimum salary by means
of regular increments granted on the basis of service in the school and merit and fitness
in the discharge of assignments and responsibilities therein. The progression from the
minimum to the maximum of the salary scale in the school shall be for a reasonable
period as defined in the school rules and regulations or in collective bargaining
agreements.
Section 89. Payment of Salary. The salaries of school personnel in all private schools
shall be paid in cash, or its equivalent in checks, cashable in the locality where the
school is situated as may be agreed upon by the school administration and the school
personnel concerned.
The payment of salaries shall be affected at least once every two weeks or
twice a month at intervals of not exceeding sixteen days, and shall be paid directly to
the school personnel or his duly authorized representative at the proper office of the
school. If payment of salaries of school personnel cannot be affected on or within the
time herein provided, on account of force majeure or circumstance beyond the control of
the school administration, the payment thereof shall be made immediately after such
force majeure or circumstance ceases.
Section 90. Salary Deduction. Unless with the prior consent of the school personnel
concerned, no deduction shall be affected on his salary by the private school, except
such equivalent amounts for his own benefit or advantage as authorized by law or
regulations issued by the Secretary.
Section 91. Prohibition Regarding Salary. It shall be unlawful for any school official
or employee of a private school to make or effect any deduction from the salaries of any
school personnel for the benefit of the school or any other person as consideration of a
promise of employment or retention in employment; to refuse to pay, reduce the salary,
remove or in any manner discriminate against the school personnel or to make any
statement, report or record filed or kept knowing such statement, report, or record to be
false in any material respect.
Any violation of this provision shall be subjected to administrative sanctions.

Section 92. Authority of the Secretary of Education; Enforcement. The Secretary or

his duly authorized representative, shall have access to the premises as well as records
of every private school at any time whenever work is being undertaken therein, the right
to avail of copies of necessary records, to investigate any factor or to question any
school personnel or look into any condition or matter which may be essential in the
determination of violations or in aid in the enforcement of any order or regulation issued
pursuant to the provisions of this Manual. The Secretary or his duly authorized
representative may order and/or supervise the payment of unpaid salaries or other
benefits which are due and payable to school personnel under the rules and regulations
of each private school and pursuant to the provisions of this Manual.

H. HOURS OF WORK AND TEACHING LOAD

Section 93. Regular Hours and Teaching Hours. The regular hours of work of school
personnel in all private schools shall not exceed eight hours a day.

The Normal teaching hours in the different levels of instruction shall be issued
through regulation by the Secretary on the basis of course requirements and the
maximum load of teaching personnel.
Section 94. Hours Worked. Hours worked in private schools shall include:
a. All time during which a school personnel is required to be on duty or to be at a
prescribed workplace or assignment; or
b. All time during which he is suffered or permitted to work.
Rest periods of short duration during the working hours of each day shall be
counted as hours worked.
Section 95. Meal Period. Subject to regulations may be promulgated by the Secretary,
it shall be the obligation of the administration of every private school to afford school
personnel not less than sixty minutes time -off each day for regular meal.
Section 96. Overtime Work. Work in excess of eight hours a day in a private school
may be performed by any school personnel, provided that he is paid for overtime work
an additional compensation equivalent to his regular salary plus at least twenty- five
percent thereof.
Section 97. Rest day. It shall be the duty of every private school to provide school
personnel a rest period of not less than twenty- four consecutive hours for every seven
consecutive days. The schools shall determine and schedule the weekly rest day of its
school personnel, subject to the provisions of existing collective bargaining agreements
and such regulations as may be issued by the Secretary of Education. The preference
of the school non- teaching personnel as to his weekly rest day shall be respected by
the school if the same is based on religious grounds.
Section 98. Premium and Overtime Pay for Holiday and Rest Day. Any school
personnel performing work on holidays or on his scheduled rest days, not exceeding
eight hours, shall be paid by the private school his regular salary. For work performed in
excess of eight hours on such days the additional compensation to be paid shall be
equivalent to his rate for the first eight hours plus at least thirty percent thereof.
Section 99. Undertime not Off-set by Overtime. Undertime work in private school on
any particular day shall not be off-set by overtime work on any other day. Permission
given to the school personnel to go on leave on some other day of the week shall not
exempt the school from paying the additional compensation.
Section 100. Computation of Additional Compensation. For purposes of computing
overtime and other additional remuneration, the “regular salary” of a school personnel
shall include the cash salary only, without deduction on account of any facilities
provided by the private school.
Section 101. Teaching Load of School Supervisory Official. Subject to the
provisions of this manual and the rules and regulations of each private school, a
qualified school personnel under the administrative or instructional supervisory staff
therein may be allowed a maximum teaching load not exceeding one -half the weekly
normal work- load of permanent full- time school teaching personnel.
Section 102. Provisions Subject to Labor Code and Collective Bargaining
Agreement. Provisions in this Manual for School Personnel on their period of probation,
security of employment, removal of school personnel, termination of employment,
remuneration and compensation, hours of work and teaching load, benefits and other
conditions of employment shall be subject to collective bargaining agreement and
pertinent provisions of the Labor Code of the Philippines and its Implementing Rules
and Regulations.

I. RETIREMNET AND OTHER BENEFITS

Section 103. Careerism in School Employment. Every private school shall have a
retirement plan for its school personnel under permanent status in accordance with
such regulations as may be issued by the Secretary, in order to foster and enhance
their career prospects in the system. Retirement benefits for part-time school personnel
may likewise be provided for in accordance with the policies and rules of the schools.
Section 104. Retirement Benefits. Any school personnel may be retired upon reaching
the retirement age established in the rules and policies, collective bargaining
agreement, or other applicable employment contract in each private school. In case of
retirement, the school personnel shall be entitled to receive such benefits as he may
have earned under existing laws or school rules and policies, or applicable collective
bargaining or other agreements.
Section 105. Study Leave. Any school teaching personnel may be granted a study
leave for such period as may be necessary to enhance his professional qualification,
and the period availed of shall be counted for seniority and retirement purposes, subject
to the rules and policies of the private school.
Section106. Other Benefits. All school personnel shall be entitled to such other
benefits provided for by law, in addition to those that may be authorized under the rules
and policies of the private school.

J. ACCREDITATION

Section 107. Policy and Membership. Voluntary membership by private schools in

accrediting associations shall be encouraged as a means to optimize the contribution of
the private school system toward the attainment of the goals of national development.

Only private schools possessing government recognition shall be eligible for

membership in accrediting associations duly recognized by the Secretary.

Section 108. Benefits of Membership. As a general rule, there shall be greater

flexibility in the exercise of government supervision and regulation over private schools
which are members of duly recognized accrediting associations as compared to non-
member schools, in addition to whatever forms of financial and other assistance that
may be extended to member- schools as may be provided by law or through regulation
by the Secretary.
One of the benefits which may be made available for accredited schools of the
appropriate level is the authority to graduate students from accredited courses or
programs of study without prior approval of the Department, the conditions for which are
as follows:
a. The school head must furnish the Regional Office through the Division Office a
copy of its certificates of accreditation.
b. Within two weeks after the graduation exercise, the school shall submit to the
Regional office concerned an alphabetical list of graduates by course,
accompanied by a certification under oath signed by the school registrar
certifying that the students therein listed (1) have complied with all the
requirements of the Department, (2) were conferred their respective certificates
on a specific date, (3) have complete scholastic records on file in the school, and
 have their FORM 137 for high school, in the custody of the school. This list shall
be sufficient basis for issuing special orders, if still necessary.
The school will be held fully liable for the veracity of the records without prejudice to
any legal action, including revocation of government recognition, as may be called for
under the circumstances.
The Department reserves the right to cancel or revoke the graduation of any student
whose records are found to be fraudulent.

Section 109. Rules and Standards. The Secretary shall issue rules and standards for
recognition of accrediting associations.
Section110.Delegation of Inspectorial Authority. The Secretary may, at his
discretion, consider membership in good standing of a private school in any recognized
accrediting association as adequate compliance with the requirement of periodic
evaluation provided for by law, provided that such delegation of visitorial authority may
be made only if an accrediting association has specific provisions in its constitution and
by- laws for periodic reevaluation and reaccreditations of its member-schools.
Section 111. Certifying Agency. For purposes of the grant of deregulated status and
other benefits, the Department recognizes the Federation of Accrediting Agencies of the
Philippines (FAAP) as the agency to certify, pursuant to its general or common
standards, the accredited status of schools and their programs.
The accrediting agencies now federated under FAAP are hereby recognized
and authorized to continue their accreditation activities. Specifically, these agencies are:
(1) the Philippine Accrediting Association of Schools, Colleges and Universities, (2) the
Philippine Association of Colleges and Universities Commission on Accreditation, and
(3) the Association of Christian Schools and Colleges Accrediting Agency, which for
brevity are commonly referred to as PAASCU, PACU-COA and ACSCAA, respectively.
However, this recognition shall be without prejudice to the subsequent inclusion of such
additional accrediting agencies as may be recognized by the Department.
Section 112. Levels of Accreditation Status. For purposes of progressive
deregulation and the grant of other benefits, schools or educational programs or
courses of study shall be classified into levels of accreditation, the conferment of which
shall entitle the school affected to additional administrative or academic prerogatives.
The benefits resulting from accreditation shall be valid only for as long as its
accreditation shall be valid only for as long as its accreditation status is current.
Section 113. Withdrawal of Benefits of Membership in Recognized Accrediting
Associations. Any benefits granted by the Secretary to a private school by virtue of its
membership in good standing in a recognized accrediting association or the authority
issued to the accrediting association may be withdrawn, if after due investigation, the
Secretary finds that the superior standards of accreditation on the basis of which the
benefit of authority had been granted are not observed or maintained.

K. SCHOOL OPERATION

Title I. School Administrative Matter

Section 114. Standard and Change of Calendar. The standard calendars for
elementary and secondary courses in all private schools shall be issued each year by
the Secretary. Any school which desires to deviate from the prescribed school
calendars may submit a corresponding application to the Secretary or his duly
authorized representative at least fifteen days before the opening of classes of the
school term. No prior approval of the Department is needed in cases of exchange or
substitution of school days for school holidays in each private school as long as the
prescribed school calendar requirement is maintained and the Regional Office
concerned is informed of such substitution at least a week in advance.
Section 115. Enrollment Period and Opening of Classes. The period and other
aspects of enrollment in all private schools shall be regulated by the Secretary. All
private schools shall begin classes for the school year on the first Monday of June, or
the next day if that Monday is a legal Holiday unless otherwise exempted by the
Secretary.

Section 116. Standard Class Period. Unless otherwise provided by the Secretary, the
period of the elementary and secondary course shall be sixty minutes.

The Secretary shall issue through regulation the equivalent requirements for
laboratory work, shop work, and the like, including the requirements in secondary and
elementary levels.

Title II. Enrollment of Students

Section 117. Policy. Every student has the right to enroll in any private school upon
meeting its specific standards and reasonable regulations as well as the requirement
prescribed by law or regulation. Except in the cases of academic delinquency and/or
violation of disciplinary regulations, the student shall be presumed qualified for
enrollment for the entire period he is expected to complete his course without prejudice
to his right to transfer as provided for in this Manual and its implementing rules.

For enrolment purposes, the name and other personal data or circumstances of
each student as officially indicated on his certificate of birth, or alien certificate of
registration, if applicable, shall be strictly observed and followed.

The Secretary shall issue rules governing students records in private schools
based on generally accepted practices and the provision of this Manual.

Section 118. Enrolment and Class Size. The enrolment and class size in every
subject of each private school shall be determined by the school taking into account the
total absorption capacity of its capacity of its facilities, the level of instruction, the nature
of the subject, and such other factors as may be conducive to the teaching-learning
process.

Section 119. Rules for Registration. The enrolment of pupils or students in every
private school shall be conducted during the registration days indicated on the approved
calendar and the pertinent procedures of the school, and subject to the following rules;

a. When a student registers in a school, it is understood that he is enrolling for the

entire school year for elementary and secondary courses.

b. Aside from the specified registration period, a pupil or student may enroll and be
admitted in accordance with the reasonable rules of the school for late enrollment
but which in no case shall be exceed two weeks after the opening of classes.

c. After the two-week period above-mentioned, no further enrollment will be allowed

without prejudice however the subsequent transfer by an enrolled students from one
school to another during the school year, provided the consent of both schools is
obtained. As a general rule, inter- school transfers after the enrollment period are
discouraged, especially in the cases of students who are expected to graduate
during the school year at the secondary level of formal education.

d. No pupil or student shall be officially enrolled unless he presents the proper school
credentials on or before the end of the enrollment period for the school term.
e. A pupil or student is deemed officially enrolled after he has submitted his appropriate
admission or transfer credentials, has made an initial payment of his school fees
which has been accepted by the school, and has been authorized to attend classes
in the school.

f. For purposes of enrollment, the name and other personal data or circumstances of
each pupil or students as indicated on his birth certificate or alien certificate of
registration, where applicable, shall prevail.

Section 120. Right to Enroll Until Graduation. Admission to any private school is
open to all pupils and students who meet its specific standards, requirements and
regulations as expressed in printed publications or other written materials. Except in
cases of academic delinquency, violation of school rules and regulations, the closure of
a program or course of study by the school, or the closure of the school itself, the pupil
or student who qualifies for enrollment is qualified to stay for the entire period in which
he is expected to complete his course in a school, without prejudice to his right to
transfer to other schools within the prescribed period.
Section 121. Admission Credentials. The transfer credentials for the enrollment of a
pupil or student in case of transfer at the beginning of a school year shall be;
a. For admission into Grade 2 of the elementary course up to fourth year of any
secondary program or course, the uncancelled report card (FORM 138) or its
equivalent from the school last attended with the eligibility certificate indicated
and signed by the authorized school official. The report card or its equivalent
shall be deemed canceled upon the enrollment of the pupil or student in the
subsequent grade or year, and the admitting school shall immediately request for
the permanent school record (Form 137) from the school last attended.
b. When a pupil or student is unable to present the required school record or
credential in subparagraph a and b, a certificate of eligibility issued by the
Secretary or his duly authorized representative will be required.
Section 122. Submission of Enrollment List. Within forty-five days after the close of
every enrollment period, every private school not otherwise exempted herein, shall
submit to the Regional Office concerned (1) a list, in duplicate, of all pupils and students
enrolled therein, and (2) a summary of enrollment data for the corresponding school
year or term for the various programs or courses.
The enrollment list may be submitted in such form and style as may be
convenient and economical for each school, provided that there be separate lists of
pupils and students alphabetically arranged by grades or curriculum years for each
educational program or course.
Section 123. Special Student. A special pupil or student may be admitted to a private
school at any time during a school term, without earning credits, subject to such
requirements and conditions as the school may prescribe. At the discretion of the
school, a special student may be exempted from class assignments and examinations.
Section 124. Advanced Subjects and Bank Subjects. As a general rule, a student
shall not be permitted to take any advanced subject until he has satisfactorily passed
the prerequisite subject or subjects.
However, in the case of students in the secondary level, the following rules shall
apply:
a. A student who has failed in any subject must enroll in the subject again, either
during summer or in a succeeding school year. A student who has passed a
subject need not repeat the subject.
b. A student may enroll in not more than two subjects during the summer, either for
the purpose of making up subjects previously failed, or for earning advanced
credits in other subjects.