Philippine Teachers Professionalization Act of 1994

Republic Act No.
7836
Philippine Teachers Professionalization Act of 1994
AN ACT TO STRENGTHEN THE REGULATION AND SUPERVISION OF THE PRACTICE OF TEACHING IN THE PHILIPPINES AND
PRESCRIBING A LICENSURE EXAMINATION FOR TEACHERS AND FOR OTHER PURPOSES.
REPUBLIC ACT NO. 7836
AN ACT TO STRENGTHEN THE REGULATION AND SUPERVISION OF THE PRACTICE OF TEACHING IN THE PHILIPPINES AND
PRESCRIBING A LICENSURE EXAMINATION FOR TEACHERS AND FOR OTHER PURPOSES.
ARTICLE I
TITLE
SECTION 1. Short Title. — This Act shall be known as the "Philippine Teachers Professionalization Act of 1994."
Sec. 2. Statement of Policy. — The State recognizes the vital role of teachers in nation-building and development through a responsible
and literate citizenry.Towards this end, the State shall ensure and promote quality education by proper supervision and regulation of
the licensure examination and professionalization of the practice of the teaching profession.cralaw
Sec. 3. Objectives. — This Act has the herein objectives:
(a) The promotion, development and professionalization of teachers and the teaching profession; and
chan robles virtual law library
(b) The supervision and regulation of the licensure examination.
Sec. 4. Definition of Terms. — For purposes of this Act, the following terms shall mean:chanroblesvirtualawlibrary
(a) "Teaching" — refers to the profession concerned primarily with classroom instruction, at the elementary and secondary levels in
accordance with the curriculum prescribed by the Department of Education, Culture and Sports, whether on part-time or full-time
basis in the private or public schools.
(b) "Teachers" — refers to all persons engaged in teaching at the elementary and secondary levels, whether on full-time or part-time
basis, including industrial arts or vocational teachers and all other persons performing supervisory and/or administrative functions in
all schools in the aforesaid levels and qualified to practice teaching under this Act.
(c) "Board" — refers to the Board for Professional Teachers duly established and constituted under this Act.
(d) "Commission" — refers to the Professional Regulation Commission.

ARTICLE II
BOARD FOR PROFESSIONAL TEACHERS
Sec. 5. Creation and Composition of the Board. — There is hereby created under this Act a Board for Professional Teachers, hereinafter
called the Board, a collegial body under the general supervision and administrative control of the Professional Regulation Commission,
hereinafter referred to as the Commission, composed of five (5) members who shall be appointed by the President of the Philippines
from among the recommendees chosen by the Commission.The recommendees shall be chosen from the list of nominees selected by
the accredited association of teachers, who duly possess all the qualifications prescribed in Section 8 of this Act.
The chairman and the voice-chairman of the Board shall be appointed from these five (5) members by the President: Provided, That
the members of the first Board appointed under this Act shall be automatically registered as professional teachers and issued with the
certificate of registration and professional license upon payment of the fees for examination, registration, and other fees prescribed
by the Commission.
Sec. 6. Duties and Function of the Board. — The Board shall have the following duties and functions:
(a) Promulgate, administer and enforce rules and regulations necessary for carrying out the provisions of this Act in accordance with
the charter of the Professional Regulation Commission;
(b) Determine and fix the frequency, dates, and places of examination, appoint supervisors, proctors, and other personnel as needed
who shall be entitled to a daily allowance to be fixed by the Board for every examination day actually attended, use buildings and
facilities of public or private schools for examination purposes;
(c) Issue, suspend, or revoke the certificate of registration for the practice of the teaching profession;
(d) Prescribe and collect examination and other fees as it may deem proper;
(e) Prescribe and/or adopt a code of ethical and professional standards for the practice of the teaching profession.Such ethical
standards, rules and regulations to take effect sixty (60) days after its publication in the Official Gazette or in any newspaper of general
circulation;
(f) Administer oaths in connection with the administration of this Act;
(g) Supervise and regulate the registration, licensure and practice of professional teachers in the Philippines;
(h) Adopt an official seal of the Board;cralaw
(i) Look into the conditions affecting the practice of the teaching profession and whenever necessary, adopt such measures as may be
deemed proper for the enhancement and maintenance of high professional and ethical standards of the profession;
(j) Ensure that all educational institutions offering elementary and secondary education comply with the essential requirements for
curricula, faculty and facilities for the elementary and secondary levels;
(k) Investigate such violations of this Act, the rules and the code of ethical and professional standards for professional teachers as it
may come to the knowledge of the Board, and for this purpose, to issue subpoena and subpoena duces tecum to secure the
appearance of witnesses and the production of documents in connection therewith; and
(l) Discharge such other powers, duties and functions as the Board may deem necessary for the practice of the teaching profession
and the upgrading, enhancement, development and growth of education in the Philippines.
Sec. 7. Term of Office. — The members of the Board shall hold office for a term of three (3) years from the date they assume office:
Provided, That the first appointees to the Board under this Act shall hold office according to the following terms: one (1) member shall
serve for one (1) year; one (1) member for two (2) years; the chairman, vice-chairman, and one (1) member for three (3)
years. Vacancies shall be served for the unexpired term only. No person who has served for two (2) consecutive terms shall be eligible
for reappointment.Appointment to fill an unexpired term shall be considered an appointment to a complete term.
The chairman or any member shall take his oath of office prior to the performance of his duties.
Sec. 8. Qualification of Board Members. — Each Board member must at the time of his appointment:
(a) Be a citizen and resident of the Philippines;

(b) Be at least thirty-five (35) years of age, of proven integrity, and possessed of high moral values in his personal as well as professional
conduct and has not been convicted of any offense involving moral turpitude;
(c) Be a holder of the degree of Bachelor of Arts or Bachelor of Science in Education and preferably a holder of a master's or doctorate
degree in education, or their equivalents, from a university, school, college, academy or institute duly constituted, recognized and/or
accredited by the Philippine government;
(d) Be a professional teacher with a valid certificate of registration and valid professional license, save those members who shall
compose the first Board for Professional Teachers;
(e) Has been a professional teacher in the active practice of the teaching profession for at least ten (10) years in the elementary and
secondary level; and
(f) Not be an official or member of the faculty of, nor have pecuniary interest in any university, college, school, or institution conferring
a bachelor's degree in education or its equivalents for at least three (3) years prior to his appointment, and neither connected with a
review center or with any group or association where review classes or lectures in preparation for the licensure examination are
offered or conducted.
Provided, however,That, the membership to the Board shall be evenly distributed to cover all levels of education, including equitable
representation of the different fields of specialization.
Sec. 9. Compensation of the Board. — The chairman, vice-chairman, and members of the Board shall receive compensation
comparable to the compensation received by existing regulatory boards under the Professional Regulation Commission, computed on
the basis of the number of examinees/candidates.
Sec. 10. Supervision of the Board and Custodian of its Records. — The Board shall be under the supervision and control of the
Commission. All records, including applications for examination, examination papers and results, minutes of deliberation,
administrative cases and investigative cases and investigations involving professional teachers shall be kept by the Commission.
Sec. 11. Secretariat and Support Services. — The Professional Regulation Commission, through its chairman, shall provide the
secretariat and other support services to implement effectively the provisions of this Act.cralaw
Sec. 12. Removal of a Board Member. — The chairman or any member of the Board may be removed by the President of the Philippines
upon recommendation of the Commission for neglect of duty, incompetence, unprofessional, unethical, immoral or dishonorable
conduct, commission or toleration of irregularities in the examination, after having been given the opportunity to defend himself in a
proper administrative investigation.
In the course of investigation, the President may preventively suspend the respondent.
ARTICLE III
EXAMINATION AND REGISTRATION
Sec. 13. Examination, Registration and License Required. — Except as otherwise specifically allowed under the provisions of this Act,
all applicants for registration as professional teachers shall be required to undergo a written examination which shall be given at least
once a year in such places and dates as the Board may determine upon approval by the Commission. A valid certificate of registration
and a valid professional license from the Commission are required before any person is allowed to practice as a professional teacher
in the Philippines, except as otherwise allowed under this Act.
Sec. 14. Scope of Examination. — The examinations for the elementary and secondary school teachers shall be separate. The
examination for teachers in the elementary level shall consist of two (2) parts, namely: professional education and general
education. The examination for teachers in the secondary level shall consist of three (3) parts, namely: professional education, general
education, and field of specialization.
Sec. 15. Qualification Requirements of Applicants. — No applicant shall be admitted to take the examination unless, on the date of
filing of the application, he shall have complied with the following requirements:
(a) A citizen of the Philippines or an alien whose country has reciprocity with the Philippines in the practice of the teaching profession;
(b) At least eighteen (18) years of age;
(c) In good health and of good reputation with high moral values;
(d) Has not been convicted by final judgment by a court for an offense involving moral turpitude;
(e) A graduate of a school, college or university recognized by the government and possesses the minimum educational qualifications,
as follows:
(1) For teachers in preschool, a bachelor's degree in early childhood education (BECED) or its equivalent;
(2) For teachers in the elementary grades, a bachelor's degree in elementary education (BSEED) or its equivalent;
(3) For teachers in the secondary grades, a bachelor's degree in education or its equivalent with a major and minor, or a bachelor's
degree in arts and sciences with at least ten (10) units in professional education; and
(4) For teachers of vocational and two-year technical courses, a bachelor's degree in the field of specialization or its equivalent, with
at least eighteen (18) units in professional education.
Sec. 16. Report of the Results of the Examination. — The Board shall, within one hundred twenty (120) days after the examination,
report the ratings obtained by each candidate to the Professional Regulation Commission for approval and appropriate action.
Sec. 17. Issuance of Certificate of Registration and Professional License. — The registration of a professional teacher commences from
the date his name is enrolled in the roster of professional teachers.
Every registrant who has satisfactorily met all the requirements specified in this Act shall, upon payment of the registration fee, be
issued a certificate of registration as a professional teacher bearing the full name of the registrant with serial number and date of
issuance signed by the chairman of the Commission and the chairman, vice-chairman, and members of the Board, stamped with the
official seal, as evidence that the person named therein is entitled to practice the profession with all the rights and privileges
appurtenant thereto. The certificate shall remain in full force and effect until withdrawn, suspended and/or revoked in accordance
with law.cralaw
A professional license signed by the chairman of the Commission and bearing the registration number and date of issuance thereof
and the month of expiry or renewability shall likewise be issued to every registrant who has paid the annual registration fees for three
(3) consecutive years. This license shall serve as evidence that the licensee can lawfully practice his profession until the expiration of
its validity.
Sec. 18. Oath Before Practice. — Every registrant shall be required to take his professional oath before practicing as a professional
teacher.
Sec. 19. Periodic Merit Examination of Teachers. — To encourage continuing professional growth and development and to provide
additional basis for merit promotion, in addition to their performance rating, teachers may take an oral and written examination at
least once in five (5) years as basis for merit promotion. In taking this examination, no fee shall be required.
Sec. 20. Failure to Pass the Merit Examination. — If a teacher fails to pass the merit examination, he or she shall be allowed to take
the examination for a second time. Should he or she fail to pass the merit examination for the second time, then he or she shall be
required to take a DECS accredited refresher course or program before being allowed to retake the examination.
Failure of any permanent teacher to pass the merit examination shall not, however, be used as a ground for his/her dismissal or
demotion.
Sec. 21. Incentives. — Teachers who pass the merit examination shall:
(a) Be awarded a diploma of merit by the Board;

(b) Earn merit points for purposes of promotion in salary or to a higher position or grade level;
(c) Be placed in the priority list for government scholarship; and
(d) Enjoy such other benefits as may be promulgated by the Board.
Similar incentives shall be given to teachers who make inventions, develop new methods of teaching, write a book or books and create
works of artistic merit.

Sec. 22. Integration of the Teaching Profession. — The teaching profession shall be integrated into one national organization which
shall be recognized by the Board and the Commission as the one and only integrated and accredited association of professional
teachers. Upon registration with the Board, every professional teacher shall be encouraged to become a member of the integrated
national organization. Those who have been registered with the Board but are not members of the said integrated organization shall
be allowed to register as members of the said integrated organization within three (3) years after the effectivity of this Act.
Membership in the integrated organization shall not be a bar to membership in other associations of the teaching profession. The
professional teachers shall receive the benefits and privileges appurtenant to their membership in the said integrated and accredited
organization of professional teachers only upon payment of the required membership fees and dues.
Sec. 23. Revocation of the Certificate of Registration, Suspension from the Practice of the Teaching Profession, and Cancellation of
Temporary or Special Permit. — The Board shall have the power, after due notice and hearing, to suspend or revoke the certificate of
registration of any registrant, to reprimand or to cancel the temporary/special permit of a holder thereof who is exempt from
registration, for any of the following causes:
(a) Conviction for any criminal offense by a court of competent jurisdiction;

(b) Immoral, unprofessional or dishonorable conduct;
(c) Declaration by a court of competent jurisdiction for being mentally unsound or insane;
(d) Malpractice, gross incompetence, gross negligence or serious ignorance of the practice of the teaching profession;
(e) The use of or perpetration of any fraud or deceit in obtaining a certificate of registration, professional license or special/temporary
permit;
(f) Chronic inebriety or habitual use of drugs;cralaw
(g) Violation of any of the provisions of this Act, the rules and regulations and other policies of the Board and the Commission, and the
code of ethical and professional standards for professional teachers; and
(h) Unjustified or willful failure to attend seminars, workshops, conferences and the like or the continuing education program
prescribed by the Board and the Commission.
The decision of the Board to revoke or suspend a certificate may be appealed to the regional trial court of the place where the Board
holds office within fifteen (15) days from receipt of the said decision or of the denial of the motion for reconsideration filed in due
time.
Sec. 24. Registration by Reciprocity. — No teacher of a foreign nationality shall be admitted to the examination, or be given a certificate
of registration or be entitled to any of the rights and privileges provided under this Act; unless the country or state of which he is a
subject permits Filipino professional teachers to practice within its territorial limits on the same basis as subjects or citizens of said
country or state: Provided, that the requirements of certification of teachers with said foreign state or country are substantially the
same as those required and contemplated under this Act: Provided, further, That the laws of such state or country grant the same
privilege to Filipino professional teachers on the same basis as the subject or citizens of such foreign country or state.
Sec. 25. Roster of Professional Teachers. — A roster of professional teachers containing the names and addresses of professional
teachers, date of registration or issuance of certificate, and other data which in the opinion of the Board may appear pertinent shall
be maintained. Copies of the roster shall be provided by the Commission to the Board, the Department of Education, Culture and
Sports, and the integrated and accredited organization of professional teachers.
Sec. 26. Registration and Exception. — Two (2) years after the effectivity of this Act, no person shall engage in teaching and/or act as
a professional teacher as defined in this Act, whether in the preschool, elementary or secondary level, unless he is a duly registered
professional teacher, and a holder of a valid certificate of registration and a valid professional license or a holder of a valid
special/temporary permit.
Upon approval of the application and payment of the prescribed fees, the certificate of registration and professional license as a
professional teacher shall be issued without examination as required in this Act to a qualified applicant, who at the time of the approval
of this Act, is:
(a) A holder of a certificate of eligibility as a teacher issued by the Civil Service Commission and the Department of Education, Culture
and Sports; orcralaw
(b) A registered professional teacher with the National Board for Teachers under the Department of Education, Culture and Sports
(DECS) pursuant to Presidential Decree No. 1006; or
(c) Not qualified under paragraphs one and two but with any of the following qualifications. to wit:
(1) An elementary or secondary teacher for five (5) years in good standing and a holder of Bachelor of Science in Education or its
equivalent; or
(2) An elementary or secondary teacher for three (3) years in good standing and a holder of a master's degree in education or its
equivalent.
Provided, That they shall be given two (2) years from the organization of the Board for professional teachers within which to register
and be included in the roster of professional teachers: Provided, further, That those incumbent teachers who are not qualified to
register without examination under this Act or who, albeit qualified, were unable to register within the two-year period shall be issued
a five-year temporary or special permit from the time the Board is organized within which to register after passing the examination
and complying with the requirements provided this Act and be included in the roster of professional teachers: Provided, furthermore,
That those who have failed the licensure examination for professional teachers shall be eligible as para-teachers and as such, shall be
issued by the Board a special or temporary permit, and shall be assigned by the Department of Education, Culture and Sports (DECS)
to schools as it may determine under the circumstances.
ARTICLE IV
PROVISIONS RELATIVE TO THE PRACTICE OF THE TEACHING PROFESSION
Sec. 27. Inhibition Against the Practice of the Teaching Profession. — Except as otherwise allowed under this Act, no person shall
practice or offer to practice the teaching profession in the Philippines or be appointed as teacher to any position calling for a teaching
position without having previously obtained a valid certificate of registration and a valid professional license from the Commission.
Sec. 28. Penal Provisions. — The following shall be punishable by a fine of not less than Five thousand pesos (P5,000.00) nor more
than Twenty thousand pesos (P20,000.00) or imprisonment of nor less than six (6) months nor more than five (5) years, or both, at
the discretion of the court:cralaw
(a) Any person who practices the teaching profession in the Philippines without being certified in accordance with the provisions of
this Act;
(b) Any person who represents or attempts to use as his own certificate of registration that of another;
(c) Any person who gives any false, or fraudulent evidence of any kind to the Board or any member thereof in obtaining a certificate
of registration as teacher;
(d) Any person who impersonates any registrant of the same or different name;
(e) Any person who uses a revoked or suspended certificate of registration;
(f) Any person who, in connection with his name, otherwise assumes, uses or advertises any title or description tending to convey or
conveys the impression that he is a teacher without holding a valid certificate; and
(g) Any person who violates or who abets the violation of any of the provisions of this Act.
The penalty of fine or imprisonment or both, as provided in this section, shall also apply to any school official who shall cause or be
responsible for the commission of any of the above-enumerated acts.
Sec. 29. Appropriations. — Such sums as may be necessary to carry out the provisions of this Act shall be included in the 1996 General
Appropriations Act and thereafter.
Sec. 30. Implementing Guidelines. — The Board shall formulate and adopt the necessary guidelines for the effective implementation
of the provisions of this Act within sixty (60) days of its approval.cralaw
The Board shall submit to both Committees on Education, Arts, and Culture; and the Committees on Civil Service and Professional
Regulation of the Senate and House of Representatives, copies of the implementing rules and guidelines within thirty (30) days after
its promulgation.
Any violation of this section shall render the official/s concerned liable under Republic Act No. 6713, otherwise known as the "Code of
Conduct and Ethical Standards for Public Officials and Employees" and other pertinent administrative and/or penal laws.
Sec. 31. Transitory Provision. — All incumbent teachers in both the public and private sector not otherwise certified as professional
teachers by virtue of this Act, shall be given (5) years temporary certificates from the time the Board for Professional Teachers is
organized within which to qualify as required by this Act and be included in the roster of professionals.
Provided, however, That the Professional Board Examination for Teachers (PBET) shall still be administered by the Civil Service
Commission and the Department of Education, Culture and Sports for the year 1995.cralaw
Sec. 32. Separability Clause. — If, for any reason, any section or provision of this Act or the application of such section or provision to
any person or circumstance is declared unconstitutional or invalid, no other section or provision of this Act shall be affected thereby.
Sec. 33. Repealing Clause. — All laws, presidential decrees, executive orders, rules and regulations or parts thereof inconsistent with
the provisions of this Act are hereby repealed or modified accordingly.
Sec. 34. Effectivity Clause. — This Act shall take effect after fifteen (15) days following its complete publication in the Official Gazette
or in two (2) newspapers of general circulation.
Approved: December 16, 1994
C:\Users\ASUS\Documents\PHILIPPINE LAWS, STATUTES AND CODES - CHAN ROBLES VIRTUAL LAW LIBRARY.mhtml
INTELLECTUAL PROPERTY CODE
OF THE PHILIPPINES
Republic Act No. 8293
GENERAL OVERVIEW
The law:
Republic Act No. 8293 [An Act Prescribing the Intellectual Property Code and Establishing the Intellectual Property Office, Providing
for Its Powers and Functions, and for Other Purposes] otherwise known as the Intellectual Property Code of the Philippines.
State policy declaration:
The State recognizes that an effective intellectual and industrial property system is vital to the development of domestic and
creative activity, facilitates transfer of technology, attracts foreign investments, and ensures market access for our products. It shall
protect and secure the exclusive rights of scientists, inventors, artists and other gifted citizens to their intellectual property and
creations, particularly when beneficial to the people, for such periods as provided in this Act.
The use of intellectual property bears a social function. To this end, the State shall promote the diffusion of knowledge and
information for the promotion of national development and progress and the common good.
It is also the policy of the State to streamline administrative procedures of registering patents, trademarks and copyright, to
liberalize the registration on the transfer of technology, and to enhance the enforcement of intellectual property rights in the
Philippines.
Effect on international conventions and on principle of reciprocity:
Any person who is a national or who is domiciled or has a real and effective industrial establishment in a country which is a party
to any convention, treaty or agreement relating to intellectual property rights or the repression of unfair competition, to which the
Philippines is also a party, or extends reciprocal rights to nationals of the Philippines by law, shall be entitled to benefits to the
extent necessary to give effect to any provision of such convention, treaty or reciprocal law, in addition to the rights to which any
owner of an intellectual property right is otherwise entitled by this Act.
Laws repealed:
Republic Act No. 8293 repealed all Acts and parts of Acts inconsistent therewith, more particularly:
1. Republic Act No. 165, as amended [An Act Creating a Patent Office, Prescribing its Powers and Duties, Regulating the Issuance
of Patents, and Appropriating Funds Therefor];
2. Republic Act No. 166, as amended[An Act to Provide for the Registration and Protection of Trademarks, Trade-Names, and
Service-Marks, Defining Unfair Competition and False Marking and Providing Remedies Against the Same, and for Other
Purposes].cralaw
3. Presidential Decree No. 49 [Decree on the Protection of Intellectual Property];

4. Presidential Decree No. 285, as amended [Decree on the Protection of Intellectual Property];
5. Articles 188 and 189 of the Revised Penal Code of the Philippines.
Parts of the law:
The Intellectual Property Code of the Philippines is divided into five [5] parts, to wit:
PART I- The Intellectual Property Office

PART II- The Law on Patents
PART III - The Law on Trademarks, Service Marks and Trade Names
PART IV- The Law on Copyright
PART V - Final Provisions
Intellectual property rights under the I. P. Code:
The intellectual property rights under the Intellectual Property Code are as follows:
1. Copyright and related rights;

2. Trademarks and service marks;
3. Geographicindication
4. Industrialdesigns;
5. Patents;
6. Layout designs [topographies] of integrated circuits; and
7. Protection of undisclosed information.
Government Agencies:
The agency of the government in charge of the implementation of the Intellectual Property Code is the Intellectual Property Office
which replaced the Bureau of Patents, Trademarks and Technology Transfer. It is divided into six [6] Bureaus, namely:
[1] Bureau of Patents;
[2]Bureau of Trademarks;
[3]Bureau of Legal Affairs;
[4]Documentation, Information and Technology Transfer Bureau;
[5] Management Information System and EDP Bureau; and
[6] Administrative, Financial and Personnel Services Bureau.
Functions of the Intellectual Property Office:
The Intellectual Property Office is mandated under the law to:

1. Examine applications for the grant of letters patent for inventions and register utility models and industrial designs;
2. Examine applications for the registration of marks, geographic indication and integrated circuits;
3. Register technology transfer arrangements and settle disputes involving technology transfer payments covered by the provisions
of Part II, Chapter IX on Voluntary Licensing and develop and implement strategies to promote and facilitate technology transfer;
4.Promote the use of patent information as a tool for technology development;
5. Publish regularly in its own publication the patents, marks, utility models and industrial designs, issued and approved, and the
technology transfer arrangements registered;
6.Administratively adjudicate contested proceedings affecting intellectual property rights;
and
7. Coordinate with other government agencies and the private sector efforts to formulate and implement plans and policies to
strengthen the protection of intellectual property rights in the country.
Significant features of the law:

1. A shift was made from the "first-to-invent system" under R. A. 165 [old law] to "first-to-file system" under the new
law.
2. In the case of inventions, the period of the grant was increased from 17 years from grant under the old law to 20 years from
date of filing under the new law.
3. In the case of utility models, the previous grant of 5 years plus renewals of 5 years each under the old law was changed to 7
years without renewal under the new law.
4. In the case of industrial designs, the previous grant of 5 years plus renewals of 5 years each was maintained.
5. Under the old law, there was no opposition proceedings and the examination is mandatory; under the new law, the
examination is made only upon request [possibly with or without examination].
6. Under the old law, publication is made after the grant; under the new law, publication is effected after 18 months from filing
date or priority date.
7. Under the old law, the penalties for repetition of infringement are: PhP10,000 and/or 5 years of imprisonment and the
offense prescribes in 2 years; under the present law, the penalties range from PhP100,000 to PhP300,000 and/or 6 months to 3
years of imprisonment and the offense prescribes in 3 years.
Significant changes in the trademark law:
The significant changes in the trademark law under the old law [R. A. No. 166] and the present law are as follows:
1. Under the former, the element of use before filing a local application is a requirement although this is not required when
the application is based on foreign registration; while under the latter, the element of use has been eliminated as a requirement
for application.
2. Under the former, the term granted is 20 years renewable for 20-year periods; while under the latter, the term is for 10
years, renewable for 10-year periods.
3. Under the former, the affidavit of use or non-use is required on the 5th, 10th and 15th anniversaries; while under the latter,
proof of use within 3 years from the filing of the application is required and the affidavit of use should be filed within 1 year from
the 5th anniversary.
4. Under the former, a Supplemental Register is required to be maintained; while under the latter, it is no longer required.
5. Under the former law, penalties for infringement, unfair competition, false designation of origin and false description or
representation range from fine of PhP500 to PhP2,000 and/or 6 months to 3 years and 4 months of imprisonment; while under the
latter law, the penalties range from fine of PhP50,000 to PhP200,000 and/or 2 to 5 years of imprisonment.
Significant changes in the copyright law:
It is now required that after the first public dissemination of performance by authority of the copyright owner of certain specified
work, there shall, for the purpose of completing the records of the National Library and the Supreme Court library, within three (3)
weeks, be registered and deposited with it, by personal delivery or by registered mail, two (2) complete copies or reproductions of
the work in such form as the directors of said libraries may prescribe.cralaw
The scheme of penalties for infringement has also been changed. From the previous fine of Php200 to Php2,000 and/or
imprisonment of 1 year, the current range of penalties are as follows:
For first offenders - fine of PhP50,000 to PhP150,000 and/or imprisonment of 1 to 3 years
For second offenders - fine of PhP150,000 to PhP500,000 and/or imprisonment of 3 to 6

years
For third and subsequent offenders - fine of PhP500,000 to PhP1.5 Million and/or
imprisonment of 6 to 9 years.
In case of insolvency, the offender shall furthermore suffer subsidiary imprisonment.
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Republic of the Philippines
Congress of the Philippines
Metro Manila
Tenth Congress
Republic Act No. 8353 September 30, 1997
AN ACT EXPANDING THE DEFINITION OF THE CRIME OF RAPE, RECLASSIFYING THE SAME AS A CRIME AGAINST PERSONS, AMENDING
FOR THE PURPOSE ACT NO. 3815, AS AMENDED, OTHERWISE KNOWN AS THE REVISED PENAL CODE, AND FOR OTHER PURPOSES
Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembled::
Section 1. Short Title. - This Act shall be known as "The Anti-Rape Law of 1997."
Section 2. Rape as a Crime Against Persons. - The crime of rape shall hereafter be classified as a Crime Against Persons under Title
Eight of Act No. 3815, as amended, otherwise known as the Revised Penal Code. Accordingly, there shall be incorporated into Title
Eight of the same Code a new chapter to be known as Chapter Three on Rape, to read as follows:
"Chapter Three
"Rape
"Article 266-A. Rape: When And How Committed. - Rape is committed:
"1) By a man who shall have carnal knowledge of a woman under any of the following circumstances:
"a) Through force, threat, or intimidation;
"b) When the offended party is deprived of reason or otherwise unconscious;
"c) By means of fraudulent machination or grave abuse of authority; and
"d) When the offended party is under twelve (12) years of age or is demented, even though none of the
circumstances mentioned above be present.
"2) By any person who, under any of the circumstances mentioned in paragraph 1 hereof, shall commit an act of sexual
assault by inserting his penis into another person's mouth or anal orifice, or any instrument or object, into the genital or
anal orifice of another person.
"Article 266-B. Penalty. - Rape under paragraph 1 of the next preceding article shall be punished by reclusion perpetua.
"Whenever the rape is committed with the use of a deadly weapon or by two or more persons, the penalty shall be
reclusion perpetua to death.
"When by reason or on the occasion of the rape, the victim has become insane, the penalty shall become reclusion
perpetua to death.
"When the rape is attempted and a homicide is committed by reason or on the occasion thereof, the penalty shall be
reclusion perpetua to death.
"When by reason or on the occasion ofthe rape, homicide is committed, the penalty shall be death.
"The death penalty shall also be imposed if the crime of rape is committed with any of the following aggravating/qualifying
circumstances:
"l) When the victim is under eighteen (18) years of age and the offender is a parent, ascendant, step-parent, guardian,
relative by consanguinity or affinity within the third civil degree, or the common-law spouse of the parent of the victim;
"2) When the victim is under the custody of the police or military authorities or any law enforcement or penal institution;
"3) When the rape is committed in full view of the spouse, parent, any of the children or other relatives within the third civil
degree of consanguinity;
"4) When the victim is a religious engaged in legitimate religious vocation or calling and is personally known to be such by
the offender before or at the time of the commission of the crime;
"5) When the victim is a child below seven (7) years old;
"6) When the offender knows that he is afflicted with the Human Immuno-Deficiency Virus (HIV)/Acquired Immune
Deficiency Syndrome (AIDS) or any other sexually transmissible disease and the virus or disease is transmitted to the victim;
"7) When committed by any member of the Armed Forces of the Philippines or para-military units thereof or the Philippine
National Police or any law enforcement agency or penal institution, when the offender took advantage of his position to
facilitate the commission of the crime;
"8) When by reason or on the occasion of the rape, the victim has suffered permanent physical mutilation or disability;
"9) When the offender knew of the pregnancy of the offended party at the time of the commission of the crime; and
"10) When the offender knew of the mental disability, emotional disorder and/or physical handicap of the offended party at
the time of the commission of the crime.
"Rape under paragraph 2 of the next preceding article shall be punished by prision mayor.
"Whenever the rape is committed with the use of a deadly weapon or by two or more persons, the penalty shall be prision
mayor to reclusion temporal.
"When by reason or on the occasion of the rape, the victim has become insane, the penalty shall be reclusion temporal.
"When the rape is attempted and a homicide is committed by reason or on the occasion thereof, the penalty shall be
reclusion temporal to reclusion perpetua.
"When by reason or on the occasion ofthe rape, homicide is committed, the penalty shall be reclusion perpetua.
"Reclusion temporal shall be imposed if the rape is committed with any of the ten aggravating/ qualifying circumstances
mentioned in this article.
"Article 266-C. Effect of Pardon. - The subsequent valid marriage between the offended party shall extinguish the criminal
action or the penalty imposed.
"In case it is the legal husband who is the offender, the subsequent forgiveness by the wife as the offended party shall
extinguish the criminal action or the penalty: Provided, That the crime shall not be extinguished or the penalty shall not be
abated if the marriage is void ab initio.
"Article 266-D. Presumptions. - Any physical overt act manifesting resistance against the act of rape in any degree from the
offended party, or where the offended party is so situated as to render her/him incapable of giving valid consent, may be
accepted as evidence in the prosecution of the acts punished under Article 266-A."
Section 3. Separability Clause. - If any part, Sec., or provision of this Act is declared invalid or unconstitutional, the other parts thereof
not affected thereby shall remain valid.
Section 4. Repealing Clause. - Article 336 of Act No. 3815, as amended, and all laws, acts, presidential decrees, executive orders,
administrative orders, rules and regulations inconsistent with or contrary to the provisions of this Act are deemed amended, modified
or repealed accordingly.
Section 5. Effectivity. - This Act shall take effect fifteen (15) days after completion of its publication in two (2) newspapers of general
circulation.
Approved: September 30, 1997.
https://www.lawphil.net/statutes/repacts/ra1997/ra_8353_1997.html
CONGRESS OF THE PHILIPPINES
Metro Manila
Fifteenth Congress
Third Regular Session
Begun and held in Metro Manila, on Monday, the twenty-third day of July, two thousand twelve.
REPUBLIC ACT NO. 10354
AN ACT PROVIDING FOR A NATIONAL POLICY ON RESPONSIBLE PARENTHOOD AND REPRODUCTIVE HEALTH
Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembled:
Section 1. Title. – This Act shall be known as "The Responsible Parenthood and Reproductive Health Act of 2012″.
Section 2. Declaration of Policy. – The State recognizes and guarantees the human rights of all persons including their right to
equality and nondiscrimination of these rights, the right to sustainable human development, the right to health which includes
reproductive health, the right to education and information, and the right to choose and make decisions for themselves in
accordance with their religious convictions, ethics, cultural beliefs, and the demands of responsible parenthood.
Pursuant to the declaration of State policies under Section 12, Article II of the 1987 Philippine Constitution, it is the duty of the State
to protect and strengthen the family as a basic autonomous social institution and equally protect the life of the mother and the life
of the unborn from conception. The State shall protect and promote the right to health of women especially mothers in particular
and of the people in general and instill health consciousness among them. The family is the natural and fundamental unit of society.
The State shall likewise protect and advance the right of families in particular and the people in general to a balanced and healthful
environment in accord with the rhythm and harmony of nature. The State also recognizes and guarantees the promotion and equal
protection of the welfare and rights of children, the youth, and the unborn.
Moreover, the State recognizes and guarantees the promotion of gender equality, gender equity, women empowerment and dignity
as a health and human rights concern and as a social responsibility. The advancement and protection of women’s human rights shall
be central to the efforts of the State to address reproductive health care.
The State recognizes marriage as an inviolable social institution and the foundation of the family which in turn is the foundation of
the nation. Pursuant thereto, the State shall defend:
(a) The right of spouses to found a family in accordance with their religious convictions and the demands of responsible parenthood;
(b) The right of children to assistance, including proper care and nutrition, and special protection from all forms of neglect, abuse,
cruelty, exploitation, and other conditions prejudicial to their development;
(c) The right of the family to a family living wage and income; and
(d) The right of families or family associations to participate in the planning and implementation of policies and programs
The State likewise guarantees universal access to medically-safe, non-abortifacient, effective, legal, affordable, and quality
reproductive health care services, methods, devices, supplies which do not prevent the implantation of a fertilized ovum as
determined by the Food and Drug Administration (FDA) and relevant information and education thereon according to the priority
needs of women, children and other underprivileged sectors, giving preferential access to those identified through the National
Household Targeting System for Poverty Reduction (NHTS-PR) and other government measures of identifying marginalization, who
shall be voluntary beneficiaries of reproductive health care, services and supplies for free. ■ •
The State shall eradicate discriminatory practices, laws and policies that infringe on a person’s exercise of reproductive health rights.
The State shall also promote openness to life; Provided, That parents bring forth to the world only those children whom they can
raise in a truly humane way.
Section 3. Guiding Principles for Implementation. – This Act declares the following as guiding principles:
(a) The right to make free and informed decisions, which is central to the exercise of any right, shall not be subjected to any form of
coercion and must be fully guaranteed by the State, like the right itself;
(b) Respect for protection and fulfillment of reproductive health and rights which seek to promote the rights and welfare of every
person particularly couples, adult individuals, women and adolescents;
(c) Since human resource is among the principal assets of the country, effective and quality reproductive health care services must
be given primacy to ensure maternal and child health, the health of the unborn, safe delivery and birth of healthy children, and
sound replacement rate, in line with the State’s duty to promote the right to health, responsible parenthood, social justice and full
human development;
(d) The provision of ethical and medically safe, legal, accessible, affordable, non-abortifacient, effective and quality reproductive
health care services and supplies is essential in the promotion of people’s right to health, especially those of women, the poor, and
the marginalized, and shall be incorporated as a component of basic health care;
(e) The State shall promote and provide information and access, without bias, to all methods of family planning, including effective
natural and modern methods which have been proven medically safe, legal, non-abortifacient, and effective in accordance with
scientific and evidence-based medical research standards such as those registered and approved by the FDA for the poor and
marginalized as identified through the NHTS-PR and other government measures of identifying marginalization: Provided, That the
State shall also provide funding support to promote modern natural methods of family planning, especially the Billings Ovulation
Method, consistent with the needs of acceptors and their religious convictions;
(f) The State shall promote programs that: (1) enable individuals and couples to have the number of children they desire with due
consideration to the health, particularly of women, and the resources available and affordable to them and in accordance with
existing laws, public morals and their religious convictions: Provided, That no one shall be deprived, for economic reasons, of the
rights to have children; (2) achieve equitable allocation and utilization of resources; (3) ensure effective partnership among national
government, local government units (LGUs) and the private sector in the design, implementation, coordination, integration,
monitoring and evaluation of people-centered programs to enhance the quality of life and environmental protection; (4) conduct
studies to analyze demographic trends including demographic dividends from sound population policies towards sustainable human
development in keeping with the principles of gender equality, protection of mothers and children, born and unborn and the
promotion and protection of women’s reproductive rights and health; and (5) conduct scientific studies to determine the safety and
efficacy of alternative medicines and methods for reproductive health care development;
(g) The provision of reproductive health care, information and supplies giving priority to poor beneficiaries as identified through the
NHTS-PR and other government measures of identifying marginalization must be the primary responsibility of the national
government consistent with its obligation to respect, protect and promote the right to health and the right to life;
(h) The State shall respect individuals’ preferences and choice of family planning methods that are in accordance with their religious
convictions and cultural beliefs, taking into consideration the State’s obligations under various human rights instruments;
(i) Active participation by nongovernment organizations (NGOs), women’s and people’s organizations, civil society, faith-based
organizations, the religious sector and communities is crucial to ensure that reproductive health and population and development
policies, plans, and programs will address the priority needs of women, the poor, and the marginalized;
(j) While this Act recognizes that abortion is illegal and punishable by law, the government shall ensure that all women needing care
for post-abortive complications and all other complications arising from pregnancy, labor and delivery and related issues shall be
treated and counseled in a humane, nonjudgmental and compassionate manner in accordance with law and medical ethics;
(k) Each family shall have the right to determine its ideal family size: Provided, however, That the State shall equip each parent with
the necessary information on all aspects of family life, including reproductive health and responsible parenthood, in order to make
that determination;
(l) There shall be no demographic or population targets and the mitigation, promotion and/or stabilization of the population growth
rate is incidental to the advancement of reproductive health;
(m) Gender equality and women empowerment are central elements of reproductive health and population and development;
(n) The resources of the country must be made to serve the entire population, especially the poor, and allocations thereof must be
adequate and effective: Provided, That the life of the unborn is protected;
(o) Development is a multi-faceted process that calls for the harmonization and integration of policies, plans, programs and projects
that seek to uplift the quality of life of the people, more particularly the poor, the needy and the marginalized; and
(p) That a comprehensive reproductive health program addresses the needs of people throughout their life cycle.
Section 4. Definition of Terms. – For the purpose of this Act, the following terms shall be defined as follows:
(a) Abortifacient refers to any drug or device that induces abortion or the destruction of a fetus inside the mother’s
womb or the prevention of the fertilized ovum to reach and be implanted in the mother’s womb upon
determination of the FDA.
(b) Adolescent refers to young people between the ages of ten (10) to nineteen (19) years who are in transition
from childhood to adulthood.
(c) Basic Emergency Obstetric and Newborn Care (BEMONC) refers to lifesaving services for emergency maternal
and newborn conditions/complications being provided by a health facility or professional to include the following
services: administration of parenteral oxytocic drugs, administration of dose of parenteral anticonvulsants,
administration of parenteral antibiotics, administration of maternal steroids for preterm labor, performance of
assisted vaginal deliveries, removal of retained placental products, and manual removal of retained placenta. It
also includes neonatal interventions which include at the minimum: newborn resuscitation, provision of warmth,
and referral, blood transfusion where possible.
(d) Comprehensive Emergency Obstetric and Newborn Care (CEMONC) refers to lifesaving services for emergency
maternal and newborn conditions/complications as in Basic Emergency Obstetric and Newborn Care plus the
provision of surgical delivery (caesarian section) and blood bank services, and other highly specialized obstetric
interventions. It also includes emergency neonatal care which includes at the minimum: newborn resuscitation,
treatment of neonatal sepsis infection, oxygen support, and antenatal administration of (maternal) steroids for
threatened premature delivery.
(e) Family planning refers to a program which enables couples and individuals to decide freely and responsibly the
number and spacing of their children and to have the information and means to do so, and to have access to a full
range of safe, affordable, effective, non-abortifacient modem natural and artificial methods of planning pregnancy.
(f) Fetal and infant death review refers to a qualitative and in-depth study of the causes of fetal and infant death
with the primary purpose of preventing future deaths through changes or additions to programs, plans and
policies.
(g) Gender equality refers to the principle of equality between women and men and equal rights to enjoy
conditions in realizing their full human potentials to contribute to, and benefit from, the results of development,
with the State recognizing that all human beings are free and equal in dignity and rights. It entails equality in
opportunities, in the allocation of resources or benefits, or in access to services in furtherance of the rights to
health and sustainable human development among others, without discrimination.
(h) Gender equity refers to the policies, instruments, programs and actions that address the disadvantaged
position of women in society by providing preferential treatment and affirmative action. It entails fairness and
justice in the distribution of benefits and responsibilities between women and men, and often requires women-
specific projects and programs to end existing inequalities. This concept recognizes that while reproductive health
involves women and men, it is more critical for women’s health.
(i) Male responsibility refers to the involvement, commitment, accountability and responsibility of males in all
areas of sexual health and reproductive health, as well as the care of reproductive health concerns specific to men.
(j) Maternal death review refers to a qualitative and in-depth study of the causes of maternal death with the
primary purpose of preventing future deaths through changes or additions to programs, plans and policies.
(k) Maternal health refers to the health of a woman of reproductive age including, but not limited to, during
pregnancy, childbirth and the postpartum period.
(l) Modern methods of family planning refers to safe, effective, non-abortifacient and legal methods, whether
natural or artificial, that are registered with the FDA, to plan pregnancy.
(m) Natural family planning refers to a variety of methods used to plan or prevent pregnancy based on identifying
the woman’s fertile days.
(n) Public health care service provider refers to: (1) public health care institution, which is duly licensed and
accredited and devoted primarily to the maintenance and operation of facilities for health promotion, disease
prevention, diagnosis, treatment and care of individuals suffering from illness, disease, injury, disability or
deformity, or in need of obstetrical or other medical and nursing care; (2) public health care professional, who is a
doctor of medicine, a nurse or a midwife; (3) public health worker engaged in the delivery of health care services;
or (4) barangay health worker who has undergone training programs under any accredited government and NGO
and who voluntarily renders primarily health care services in the community after having been accredited to
function as such by the local health board in accordance with the guideline’s promulgated by the Department of
Health (DOH).
(o) Poor refers to members of households identified as poor through the NHTS-PR by the Department of Social
Welfare and Development (DSWD) or any subsequent system used by the national government in identifying the
poor.
(p) Reproductive Health (RH) refers to the state of complete physical, mental and social well-being and not merely
the absence of disease or infirmity, in all matters relating to the reproductive system and to its functions and
processes. This implies that people are able to have a responsible, safe, consensual and satisfying sex life, that they
have the capability to reproduce and the freedom to decide if, when, and how often to do so. This further implies
that women and men attain equal relationships in matters related to sexual relations and reproduction.
(q) Reproductive health care refers to the access to a full range of methods, facilities, services and supplies that
contribute to reproductive health and well-being by addressing reproductive health-related problems. It also
includes sexual health, the purpose of which is the enhancement of life and personal relations. The elements of
reproductive health care include the following:
(1) Family planning information and services which shall include as a first priority making women of
reproductive age fully aware of their respective cycles to make them aware of when fertilization is highly
probable, as well as highly improbable;
(2) Maternal, infant and child health and nutrition, including breastfeeding;
(3) Proscription of abortion and management of abortion complications;
(4) Adolescent and youth reproductive health guidance and counseling;
(5) Prevention, treatment and management of reproductive tract infections (RTIs), HIV and AIDS and
other sexually transmittable infections (STIs);
(6) Elimination of violence against women and children and other forms of sexual and gender-based
violence;
(7) Education and counseling on sexuality and reproductive health;
(8) Treatment of breast and reproductive tract cancers and other gynecological conditions and disorders;
(9) Male responsibility and involvement and men’s reproductive health;
(10) Prevention, treatment and management of infertility and sexual dysfunction;
(11) Reproductive health education for the adolescents; and
(12) Mental health aspect of reproductive health care.
(r) Reproductive health care program refers to the systematic and integrated provision of reproductive health care
to all citizens prioritizing women, the poor, marginalized and those invulnerable or crisis situations.
(s) Reproductive health rights refers to the rights of individuals and couples, to decide freely and responsibly
whether or not to have children; the number, spacing and timing of their children; to make other decisions
concerning reproduction, free of discrimination, coercion and violence; to have the information and means to do
so; and to attain the highest standard of sexual health and reproductive health: Provided, however, That
reproductive health rights do not include abortion, and access to abortifacients.
(t) Reproductive health and sexuality education refers to a lifelong learning process of providing and acquiring
complete, accurate and relevant age- and development-appropriate information and education on reproductive
health and sexuality through life skills education and other approaches.
(u) Reproductive Tract Infection (RTI) refers to sexually transmitted infections (STIs), and other types of infections
affecting the reproductive system.
(v) Responsible parenthood refers to the will and ability of a parent to respond to the needs and aspirations of the
family and children. It is likewise a shared responsibility between parents to determine and achieve the desired
number of children, spacing and timing of their children according to their own family life aspirations, taking into
account psychological preparedness, health status, sociocultural and economic concerns consistent with their
religious convictions.
(w) Sexual health refers to a state of physical, mental and social well-being in relation to sexuality. It requires a
positive and respectful approach to sexuality and sexual relationships, as well as the possibility of having
pleasurable and safe sexual experiences, free from coercion, discrimination and violence.
(x) Sexually Transmitted Infection (STI) refers to any infection that may be acquired or passed on through sexual
contact, use of IV, intravenous drug needles, childbirth and breastfeeding.
(y) Skilled birth attendance refers to childbirth managed by a skilled health professional including the enabling
conditions of necessary equipment and support of a functioning health system, including transport and referral
faculties for emergency obstetric care.
(z) Skilled health professional refers to a midwife, doctor or nurse, who has been educated and trained in the skills
needed to manage normal and complicated pregnancies, childbirth and the immediate postnatal period, and in the
identification, management and referral of complications in women and newborns.
(aa) Sustainable human development refers to bringing people, particularly the poor and vulnerable, to the center
of development process, the central purpose of which is the creation of an enabling environment in which all can
enjoy long, healthy and productive lives, done in the manner that promotes their rights and protects the life
opportunities of future generations and the natural ecosystem on which all life depends.
Section 5. Hiring of Skilled Health Professionals for Maternal Health Care and Skilled Birth Attendance. – The LGUs shall endeavor to
hire an adequate number of nurses, midwives and other skilled health professionals for maternal health care and skilled birth
attendance to achieve an ideal skilled health professional-to-patient ratio taking into consideration DOH targets: Provided, That
people in geographically isolated or highly populated and depressed areas shall be provided the same level of access to health care:
Provided, further, That the national government shall provide additional and necessary funding and other necessary assistance for
the effective implementation of this provision.
For the purposes of this Act, midwives and nurses shall be allowed to administer lifesaving drugs such as, but not limited to, oxytocin
and magnesium sulfate, in accordance with the guidelines set by the DOH, under emergency conditions and when there are no
physicians available: Provided, That they are properly trained and certified to administer these lifesaving drugs.
Section 6. Health Care Facilities. – Each LGU, upon its determination of the necessity based on well-supported data provided by its
local health office shall endeavor to establish or upgrade hospitals and facilities with adequate and qualified personnel, equipment
and supplies to be able to provide emergency obstetric and newborn care: Provided, That people in geographically isolated or highly
populated and depressed areas shall have the same level of access and shall not be neglected by providing other means such as
home visits or mobile health care clinics as needed: Provided, further, That the national government shall provide additional and
necessary funding and other necessary assistance for the effective implementation of this provision.
Section 7. Access to Family Planning. – All accredited public health facilities shall provide a full range of modern family planning
methods, which shall also include medical consultations, supplies and necessary and reasonable procedures for poor and
marginalized couples having infertility issues who desire to have children: Provided, That family planning services shall likewise be
extended by private health facilities to paying patients with the option to grant free care and services to indigents, except in the case
of non-maternity specialty hospitals and hospitals owned and operated by a religious group, but they have the option to provide
such full range of modern family planning methods: Provided, further, That these hospitals shall immediately refer the person
seeking such care and services to another health facility which is conveniently accessible: Provided, finally, That the person is not in
an emergency condition or serious case as defined in Republic Act No. 8344.
No person shall be denied information and access to family planning services, whether natural or artificial: Provided, That minors will
not be allowed access to modern methods of family planning without written consent from their parents or guardian/s except when
the minor is already a parent or has had a miscarriage.
Section 8. Maternal Death Review and Fetal and Infant Death Review. – All LGUs, national and local government hospitals, and other
public health units shall conduct an annual Maternal Death Review and Fetal and Infant Death Review in accordance with the
guidelines set by the DOH. Such review should result in an evidence-based programming and budgeting process that would
contribute to the development of more responsive reproductive health services to promote women’s health and safe motherhood.
Section 9. The Philippine National Drug Formulary System and Family Planning Supplies. – The National Drug Formulary shall include
hormonal contraceptives, intrauterine devices, injectables and other safe, legal, non-abortifacient and effective family planning
products and supplies. The Philippine National Drug Formulary System (PNDFS) shall be observed in selecting drugs including family
planning supplies that will be included or removed from the Essential Drugs List (EDL) in accordance with existing practice and in
consultation with reputable medical associations in the Philippines. For the purpose of this Act, any product or supply included or to
be included in the EDL must have a certification from the FDA that said product and supply is made available on the condition that it
is not to be used as an abortifacient.
These products and supplies shall also be included in the regular purchase of essential medicines and supplies of all national
hospitals: Provided, further, That the foregoing offices shall not purchase or acquire by any means emergency contraceptive pills,
postcoital pills, abortifacients that will be used for such purpose and their other forms or equivalent.
Section 10. Procurement and Distribution of Family Planning Supplies. – The DOH shall procure, distribute to LGUs and monitor the
usage of family planning supplies for the whole country. The DOH shall coordinate with all appropriate local government bodies to
plan and implement this procurement and distribution program. The supply and budget allotments shall be based on, among others,
the current levels and projections of the following:
(a) Number of women of reproductive age and couples who want to space or limit their children;
(b) Contraceptive prevalence rate, by type of method used; and
(c) Cost of family planning supplies.

Provided, That LGUs may implement its own procurement, distribution and monitoring program consistent with the overall
provisions of this Act and the guidelines of the DOH.
Section 11. Integration of Responsible Parenthood and Family Planning Component in Anti-Poverty Programs. – A multidimensional
approach shall be adopted in the implementation of policies and programs to fight poverty. Towards this end, the DOH shall
implement programs prioritizing full access of poor and marginalized women as identified through the NHTS-PR and other
government measures of identifying marginalization to reproductive health care, services, products and programs. The DOH shall
provide such programs, technical support, including capacity building and monitoring.
Section 12. PhilHealth Benefits for Serious and Life-Threatening Reproductive Health Conditions. – All serious and life-threatening
reproductive health conditions such as HIV and AIDS, breast and reproductive tract cancers, and obstetric complications, and
menopausal and post-menopausal-related conditions shall be given the maximum benefits, including the provision of Anti-Retroviral
Medicines (ARVs), as provided in the guidelines set by the Philippine Health Insurance Corporation (PHIC).
Section 13. Mobile Health Care Service. – The national or the local government may provide each provincial, city, municipal and
district hospital with a Mobile Health Care Service (MHCS) in the form of a van or other means of transportation appropriate to its
terrain, taking into consideration the health care needs of each LGU. The MHCS shall deliver health care goods and services to its
constituents, more particularly to the poor and needy, as well as disseminate knowledge and information on reproductive health.
The MHCS shall be operated by skilled health providers and adequately equipped with a wide range of health care materials and
information dissemination devices and equipment, the latter including, but not limited to, a television set for audio-visual
presentations. All MHCS shall be operated by LGUs of provinces and highly urbanized cities.
Section 14. Age- and Development-Appropriate Reproductive Health Education. – The State shall provide age- and development-
appropriate reproductive health education to adolescents which shall be taught by adequately trained teachers informal and
nonformal educational system and integrated in relevant subjects such as, but not limited to, values formation; knowledge and skills
in self-protection against discrimination; sexual abuse and violence against women and children and other forms of gender based
violence and teen pregnancy; physical, social and emotional changes in adolescents; women’s rights and children’s rights;
responsible teenage behavior; gender and development; and responsible parenthood: Provided, That flexibility in the formulation
and adoption of appropriate course content, scope and methodology in each educational level or group shall be allowed only after
consultations with parents-teachers-community associations, school officials and other interest groups. The Department of
Education (DepED) shall formulate a curriculum which shall be used by public schools and may be adopted by private schools.
Section 15. Certificate of Compliance. – No marriage license shall be issued by the Local Civil Registrar unless the applicants present
a Certificate of Compliance issued for free by the local Family Planning Office certifying that they had duly received adequate
instructions and information on responsible parenthood, family planning, breastfeeding and infant nutrition.
Section 16. Capacity Building of Barangay Health Workers (BHWs). – The DOH shall be responsible for disseminating information and
providing training programs to the LGUs. The LGUs, with the technical assistance of the DOH, shall be responsible for the training of
BHWs and other barangay volunteers on the promotion of reproductive health. The DOH shall provide the LGUs with medical
supplies and equipment needed by BHWs to carry out their functions effectively: Provided, further, That the national government
shall provide additional and necessary funding and other necessary assistance for the effective implementation of this provision
including the possible provision of additional honoraria for BHWs.
Section 17. Pro Bono Services for Indigent Women. – Private and nongovernment reproductive healthcare service providers
including, but not limited to, gynecologists and obstetricians, are encouraged to provide at least forty-eight (48) hours annually of
reproductive health services, ranging from providing information and education to rendering medical services, free of charge to
indigent and low-income patients as identified through the NHTS-PR and other government measures of identifying marginalization,
especially to pregnant adolescents. The forty-eight (48) hours annual pro bono services shall be included as a prerequisite in the
accreditation under the PhilHealth.
Section 18. Sexual and Reproductive Health Programs for Persons with Disabilities (PWDs). – The cities and municipalities shall
endeavor that barriers to reproductive health services for PWDs are obliterated by the following:
(a) Providing physical access, and resolving transportation and proximity issues to clinics, hospitals and places
where public health education is provided, contraceptives are sold or distributed or other places where
reproductive health services are provided;
(b) Adapting examination tables and other laboratory procedures to the needs and conditions of PWDs;
(c) Increasing access to information and communication materials on sexual and reproductive health in braille,
large print, simple language, sign language and pictures;
(d) Providing continuing education and inclusion of rights of PWDs among health care providers; and
(e) Undertaking activities to raise awareness and address misconceptions among the general public on the stigma
and their lack of knowledge on the sexual and reproductive health needs and rights of PWDs.
Section 19. Duties and Responsibilities. – (a) Pursuant to the herein declared policy, the DOH shall serve as the lead agency for the
implementation of this Act and shall integrate in their regular operations the following functions:
(1) Fully and efficiently implement the reproductive health care program;
(2) Ensure people’s access to medically safe, non-abortifacient, legal, quality and affordable reproductive health
goods and services; and
(3) Perform such other functions necessary to attain the purposes of this Act.
(b) The DOH, in coordination with the PHIC, as may be applicable, shall:
(1) Strengthen the capacities of health regulatory agencies to ensure safe, high quality, accessible and affordable
reproductive health services and commodities with the concurrent strengthening and enforcement of regulatory
mandates and mechanisms;
(2) Facilitate the involvement and participation of NGOs and the private sector in reproductive health care service
delivery and in the production, distribution and delivery of quality reproductive health and family planning supplies
and commodities to make them accessible and affordable to ordinary citizens;
(3) Engage the services, skills and proficiencies of experts in natural family planning who shall provide the
necessary training for all BHWs;
(4) Supervise and provide assistance to LGUs in the delivery of reproductive health care services and in the
purchase of family planning goods and supplies; and
(5) Furnish LGUs, through their respective local health offices, appropriate information and resources to keep the
latter updated on current studies and researches relating to family planning, responsible parenthood,
breastfeeding and infant nutrition.
(c) The FDA shall issue strict guidelines with respect to the use of contraceptives, taking into consideration the side effects or other
harmful effects of their use.
(d) Corporate citizens shall exercise prudence in advertising its products or services through all forms of media, especially on matters
relating to sexuality, further taking into consideration its influence on children and the youth.
Section 20. Public Awareness. – The DOH and the LGUs shall initiate and sustain a heightened nationwide multimedia-campaign to
raise the level of public awareness on the protection and promotion of reproductive health and rights including, but not limited to,
maternal health and nutrition, family planning and responsible parenthood information and services, adolescent and youth
reproductive health, guidance and counseling and other elements of reproductive health care under Section 4(q).
Education and information materials to be developed and disseminated for this purpose shall be reviewed regularly to ensure their
effectiveness and relevance.
Section 21. Reporting Requirements. – Before the end of April each year, the DOH shall submit to the President of the Philippines
and Congress an annual consolidated report, which shall provide a definitive and comprehensive assessment of the implementation
of its programs and those of other government agencies and instrumentalities and recommend priorities for executive and
legislative actions. The report shall be printed and distributed to all national agencies, the LGUs, NGOs and private sector
organizations involved in said programs.
The annual report shall evaluate the content, implementation, and impact of all policies related to reproductive health and family
planning to ensure that such policies promote, protect and fulfill women’s reproductive health and rights.
Section 22. Congressional Oversight Committee on Reproductive Health Act. – There is hereby created a Congressional Oversight
Committee (COC) composed of five (5) members each from the Senate and the House of Representatives. The members from the
Senate and the House of Representatives shall be appointed by the Senate President and the Speaker, respectively, with at least one
(1) member representing the Minority.
The COC shall be headed by the respective Chairs of the Committee on Health and Demography of the Senate and the Committee on
Population and Family Relations of the House of Representatives. The Secretariat of the COC shall come from the existing Secretariat
personnel of the Senate and the House of Representatives committees concerned.
The COC shall monitor and ensure the effective implementation of this Act, recommend the necessary remedial legislation or
administrative measures, and shall conduct a review of this Act every five (5) years from its effectivity. The COC shall perform such
other duties and functions as may be necessary to attain the objectives of tins Act.
Section 23. Prohibited Acts. – The following acts are prohibited:
(a) Any health care service provider, whether public or private, who shall:
(1) Knowingly withhold information or restrict the dissemination thereof, and/or intentionally provide
incorrect information regarding programs and services on reproductive health including the right to
informed choice and access to a full range of legal, medically-safe, non-abortifacient and effective family
planning methods;
(2) Refuse to perform legal and medically-safe reproductive health procedures on any person of legal age
on the ground of lack of consent or authorization of the following persons in the following instances:
(i) Spousal consent in case of married persons: Provided, That in case of disagreement, the
decision of the one undergoing the procedure shall prevail; and
(ii) Parental consent or that of the person exercising parental authority in the case of abused
minors, where the parent or the person exercising parental authority is the respondent, accused
or convicted perpetrator as certified by the proper prosecutorial office of the court. In the case
of minors, the written consent of parents or legal guardian or, in their absence, persons
exercising parental authority or next-of-kin shall be required only in elective surgical procedures
and in no case shall consent be required in emergency or serious cases as defined in Republic Act
No. 8344; and
(3) Refuse to extend quality health care services and information on account of the person’s marital
status, gender, age, religious convictions, personal circumstances, or nature of work: Provided, That the
conscientious objection of a health care service provider based on his/her ethical or religious beliefs shall
be respected; however, the conscientious objector shall immediately refer the person seeking such care
and services to another health care service provider within the same facility or one which is conveniently
accessible: Provided, further, That the person is not in an emergency condition or serious case as defined
in Republic Act No. 8344, which penalizes the refusal of hospitals and medical clinics to administer
appropriate initial medical treatment and support in emergency and serious cases;
(b) Any public officer, elected or appointed, specifically charged with the duty to implement the provisions hereof,
who, personally or through a subordinate, prohibits or restricts the delivery of legal and medically-safe
reproductive health care services, including family planning; or forces, coerces or induces any person to use such
services; or refuses to allocate, approve or release any budget for reproductive health care services, or to support
reproductive health programs; or shall do any act that hinders the full implementation of a reproductive health
program as mandated by this Act;
(c) Any employer who shall suggest, require, unduly influence or cause any applicant for employment or an
employee to submit himself/herself to sterilization, use any modern methods of family planning, or not use such
methods as a condition for employment, continued employment, promotion or the provision of employment
benefits. Further, pregnancy or the number of children shall not be a ground for non-hiring or termination from
employment;
(d) Any person who shall falsify a Certificate of Compliance as required in Section 15 of this Act; and
(e) Any pharmaceutical company, whether domestic or multinational, or its agents or distributors, which directly or
indirectly colludes with government officials, whether appointed or elected, in the distribution, procurement
and/or sale by the national government and LGUs of modern family planning supplies, products and devices.
Section 24. Penalties. – Any violation of this Act or commission of the foregoing prohibited acts shall be penalized by imprisonment
ranging from one (1) month to six (6) months or a fine of Ten thousand pesos (P10,000.00) to One hundred thousand pesos
(P100,000.00), or both such fine and imprisonment at the discretion of the competent court: Provided, That, if the offender is a
public officer, elected or appointed, he/she shall also suffer the penalty of suspension not exceeding one (1) year or removal and
forfeiture of retirement benefits depending on the gravity of the offense after due notice and hearing by the appropriate body or
agency.
If the offender is a juridical person, the penalty shall be imposed upon the president or any responsible officer. An offender who is
an alien shall, after service of sentence, be deported immediately without further proceedings by the Bureau of Immigration. If the
offender is a pharmaceutical company, its agent and/or distributor, their license or permit to operate or conduct business in the
Philippines shall be perpetually revoked, and a fine triple the amount involved in the violation shall be imposed.
Section 25. Appropriations. – The amounts appropriated in the current annual General Appropriations Act (GAA) for reproductive
health and natural and artificial family planning and responsible parenthood under the DOH and other concerned agencies shall be
allocated and utilized for the implementation of this Act. Such additional sums necessary to provide for the upgrading of faculties
necessary to meet BEMONC and CEMONC standards; the training and deployment of skilled health providers; natural and artificial
family planning commodity requirements as outlined in Section 10, and for other reproductive health and responsible parenthood
services, shall be included in the subsequent years’ general appropriations. The Gender and Development (GAD) funds of LGUs and
national agencies may be a source of funding for the implementation of this Act.
Section 26. Implementing Rules and Regulations (IRR). – Within sixty (60) days from the effectivity of this Act, the DOH Secretary or
his/her designated representative as Chairperson, the authorized representative/s of DepED, DSWD, Philippine Commission on
Women, PHIC, Department of the Interior and Local Government, National Economic and Development Authority, League of
Provinces, League of Cities, and League of Municipalities, together with NGOs, faith-based organizations, people’s, women’s and
young people’s organizations, shall jointly promulgate the rules and regulations for the effective implementation of this Act. At least
four (4) members of the IRR drafting committee, to be selected by the DOH Secretary, shall come from NGOs.
Section 27. Interpretation Clause. – This Act shall be liberally construed to ensure the provision, delivery and access to reproductive
health care services, and to promote, protect and fulfill women’s reproductive health and rights.
Section 28. Separability Clause. – If any part or provision of this Act is held invalid or unconstitutional, the other provisions not
affected thereby shall remain in force and effect.
Section 29. Repealing Clause. – Except for prevailing laws against abortion, any law, presidential decree or issuance, executive order,
letter of instruction, administrative order, rule or regulation contrary to or is inconsistent with the provisions of this Act including
Republic Act No. 7392, otherwise known as the Midwifery Act, is hereby repealed, modified or amended accordingly.
Section 30. Effectivity. – This Act shall take effect fifteen (15) days after its publication in at least two (2) newspapers of general
circulation.
(Sgd.) JUAN PONCE ENRILE (Sgd.) FELICIANO BELMONTE JR.
President of the Senate Speaker of the House of Representatives
This Act which is a consolidation of Senate Bill No. 2865 and House Bill No. 4244 was finally passed by the Senate and the House of
Representatives on December 19, 2012.
(Sgd.) EMMA LIRIO-REYES (Sgd.) MARILYN B. BARUA-YAP

Secretary of Senate Secretary General
House of Representatives
Approved: DEC 21 2012
(Sgd.) BENIGNO S. AQUINO III

President of the Philippines
The Lawphil Project - Arellano Law Foundation
https://www.lawphil.net/statutes/repacts/ra2012/ra_10354_2012.html
Congress of the Philippines
Metro Manila
Fifteenth Congress
Third Regular Session
Begun and held in Metro Manila, on Monday, the twenty-third day of July, two thousand twelve.
[REPUBLIC ACT NO. 10533]
AN ACT ENHANCING THE PHILIPPINE BASIC EDUCATION SYSTEM BY STRENGTHENING ITS CURRICULUM AND INCREASING THE
NUMBER OF YEARS FOR BASIC EDUCATION, APPROPRIATING FUNDS THEREFOR AND FOR OTHER PURPOSES
Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembled:
SECTION 1. Short Title. — This Act shall be known as the “Enhanced Basic Education Act of 2013”.
SEC. 2. Declaration of Policy. — The State shall establish, maintain and support a complete, adequate, and integrated system of
education relevant to the needs of the people, the country and society-at-large.
Likewise, it is hereby declared the policy of the State that every graduate of basic education shall be an empowered individual who
has learned, through a program that is rooted on sound educational principles and geared towards excellence, the foundations for
learning throughout life, the competence to engage in work and be productive, the ability to coexist in fruitful harmony with local and
global communities, the capability to engage in autonomous, creative, and critical thinking, and the capacity and willingness to
transform others and one’s self.
For this purpose, the State shall create a functional basic education system that will develop productive and responsible citizens
equipped with the essential competencies, skills and values for both life-long learning and employment. In order to achieve this, the
State shall:
(a) Give every student an opportunity to receive quality education that is globally competitive based on a pedagogically sound
curriculum that is at par with international standards;
(b) Broaden the goals of high school education for college preparation, vocational and technical career opportunities as well as creative
arts, sports and entrepreneurial employment in a rapidly changing and increasingly globalized environment; and
(c) Make education learner-oriented and responsive to the needs, cognitive and cultural capacity, the circumstances and diversity of
learners, schools and communities through the appropriate languages of teaching and learning, including mother tongue as a learning
resource.
SEC. 3. Basic Education. — Basic education is intended to meet basic learning needs which provides the foundation on which
subsequent learning can be based. It encompasses kindergarten, elementary and secondary education as well as alternative learning
systems for out-of-school learners and those with special needs.
SEC. 4. Enhanced Basic Education Program. — The enhanced basic education program encompasses at least one (1) year of
kindergarten education, six (6) years of elementary education, and six (6) years of secondary education, in that sequence. Secondary
education includes four (4) years of junior high school and two (2) years of senior high school education.
Kindergarten education shall mean one (1) year of preparatory education for children at least five (5) years old as a prerequisite for
Grade I.
Elementary education refers to the second stage of compulsory basic education which is composed of six (6) years. The entrant age
to this level is typically six (6) years old.
Secondary education refers to the third stage of compulsory basic education. It consists of four (4) years of junior high school education
and two (2) years of senior high school education. The entrant age to the junior and senior high school levels are typically twelve (12)
and sixteen (16) years old, respectively.
Basic education shall be delivered in languages understood by the learners as the language plays a strategic role in shaping the
formative years of learners.
For kindergarten and the first three (3) years of elementary education, instruction, teaching materials and assessment shall be in the
regional or native language of the learners. The Department of Education (DepED) shall formulate a mother language transition
program from Grade 4 to Grade 6 so that Filipino and English shall be gradually introduced as languages of instruction until such time
when these two (2) languages can become the primary languages of instruction at the secondary level.
For purposes of this Act, mother language or first Language (LI) refers to language or languages first learned by a child, which he/she
identifies with, is identified as a native language user of by others, which he/she knows best, or uses most. This includes Filipino sign
language used by individuals with pertinent disabilities. The regional or native language refers to the traditional speech variety or
variety of Filipino sign language existing in a region, area or place.

SEC. 5. Curriculum Development. — The DepED shall formulate the design and details of the enhanced basic education curriculum. It
shall work with the Commission on Higher Education (CHED) to craft harmonized basic and tertiary curricula for the global
competitiveness of Filipino graduates. To ensure college readiness and to avoid remedial and duplication of basic education subjects,
the DepED shall coordinate with the CHED and the Technical Education and Skills Development Authority (TESDA).
To achieve an effective enhanced basic education curriculum, the DepED shall undertake consultations with other national
government agencies and other stakeholders including, but not limited to, the Department of Labor and Employment (DOLE), the
Professional Regulation Commission (PRC), the private and public schools associations, the national student organizations, the national
teacher organizations, the parents-teachers associations and the chambers of commerce on matters affecting the concerned
stakeholders.
The DepED shall adhere to the following standards and principles in developing the enhanced basic education curriculum:
(a) The curriculum shall be learner-centered, inclusive and developmentally appropriate;
(b) The curriculum shall be relevant, responsive and research-based;
(c) The curriculum shall be culture-sensitive;
(d) The curriculum shall be contextualized and global;
(e) The curriculum shall use pedagogical approaches that are constructivist, inquiry-based, reflective, collaborative and integrative;
(f) The curriculum shall adhere to the principles and framework of Mother Tongue-Based Multilingual Education (MTB-MLE) which
starts from where the learners are and from what they already knew proceeding from the known to the unknown; instructional
materials and capable teachers to implement the MTB-MLE curriculum shall be available;
(g) The curriculum shall use the spiral progression approach to ensure mastery of knowledge and skills after each level; and
(h) The curriculum shall be flexible enough to enable and allow schools to localize, indigenize and enhance the same based on their
respective educational and social contexts. The production and development of locally produced teaching materials shall be
encouraged and approval of these materials shall devolve to the regional and division education units.
SEC. 6. Curriculum Consultative Committee. — There shall be created a curriculum consultative committee chaired by the DepED
Secretary or his/her duly authorized representative and with members composed of, but not limited to, a representative each from
the CHED, the TESDA, the DOLE, the PRC, the Department of Science and Technology (DOST), and a representative from the business
chambers such as the Information Technology – Business Process Outsourcing (IT-BPO) industry association. The consultative
committee shall oversee the review and evaluation on the implementation of the basic education curriculum and may recommend to
the DepED the formulation of necessary refinements in the curriculum.
SEC. 7. Teacher Education and Training. — To ensure that the enhanced basic education program meets the demand for quality
teachers and school leaders, the DepED and the CHED, in collaboration with relevant partners in government, academe, industry, and
nongovernmental organizations, shall conduct teacher education and training programs, as specified:
(a) In-service Training on Content and Pedagogy — Current DepED teachers shall be retrained to meet the content and performance
standards of the new K to 12 curriculum.
The DepED shall ensure that private education institutions shall be given the opportunity to avail of such training.
(b) Training of New Teachers. — New graduates of the current Teacher Education curriculum shall undergo additional training, upon
hiring, to upgrade their skills to the content standards of the new curriculum. Furthermore, the CHED, in coordination with the DepED
and relevant stakeholders, shall ensure that the Teacher Education curriculum offered in these Teacher Education Institutes (TEIs) will
meet necessary quality standards for new teachers. Duly recognized organizations acting as TEIs, in coordination with the DepED, the
CHED, and other relevant stakeholders, shall ensure that the curriculum of these organizations meet the necessary quality standards
for trained teachers.
(c) Training of School Leadership. — Superintendents, principals, subject area coordinators and other instructional school leaders shall
likewise undergo workshops and training to enhance their skills on their role as academic, administrative and community leaders.
Henceforth, such professional development programs as those stated above shall be initiated and conducted regularly throughout the
school year to ensure constant upgrading of teacher skills.
SEC. 8. Hiring of Graduates of Science, Mathematics, Statistics, Engineering and Other Specialists in Subjects With a Shortage of
Qualified Applicants, Technical-Vocational Courses and Higher Education Institution Faculty. — Notwithstanding the provisions of
Sections 26, 27 and 28 of Republic Act No. 7836, otherwise known as the “Philippine Teachers Professionalization Act of 1994”, the
DepED and private education institutions shall hire, as may be relevant to the particular subject:
(a) Graduates of science, mathematics, statistics, engineering, music and other degree courses with shortages in qualified Licensure
Examination for Teachers (LET) applicants to teach in their specialized subjects in the elementary and secondary education. Qualified
LET applicants shall also include graduates admitted by foundations duly recognized for their expertise in the education sector and
who satisfactorily complete the requirements set by these organizations: Provided, That they pass the LET within five (5) years after
their date of hiring: Provided, further, That if such graduates are willing to teach on part-time basis, the provisions of LET shall no
longer be required;
(b) Graduates of technical-vocational courses to teach in their specialized subjects in the secondary education: Provided, That these
graduates possess the necessary certification issued by the TESDA: Provided, further, That they undergo appropriate in-service training
to be administered by the DepED or higher education institutions (HEIs) at the expense of the DepED;
(c) Faculty of HEIs be allowed to teach in their general education or subject specialties in the secondary education: Provided, That the
faculty must be a holder of a relevant Bachelor’s degree, and must have satisfactorily served as a full-time HEI faculty;
(d) The DepED and private education institutions may hire practitioners, with expertise in the specialized learning areas offered by the
Basic Education Curriculum, to teach in the secondary level; Provided, That they teach on part-time basis only. For this purpose, the
DepED, in coordination with the appropriate government agencies, shall determine the necessary qualification standards in hiring
these experts.
SEC. 9. Career Guidance and Counselling Advocacy. — To properly guide the students in choosing the career tracks that they intend to
pursue, the DepED, in coordination with the DOLE, the TESDA and the CHED, shall regularly conduct career advocacy activities for
secondary level students. Notwithstanding the provisions of Section 27 of Republic Act No. 9258, otherwise known as the “Guidance
and Counselling Act of 2004”, career and employment guidance counsellors, who are not registered and licensed guidance counsellors,
shall be allowed to conduct career advocacy activities to secondary level students of the school where they are currently employed;
Provided, That they undergo a training program to be developed or accredited by the DepED.
SEC. 10. Expansion of E-GASTPE Beneficiaries. — The benefits accorded by Republic Act No. 8545, or the “Expanded Government
Assistance to Students and Teachers in Private Education Act”, shall be extended to qualified students enrolled under the enhanced
basic education.
The DepED shall engage the services of private education institutions and non-DepED schools offering senior high school through the
programs under Republic Act No. 8545, and other financial arrangements formulated by the DepED and the Department of Budget
and Management (DBM) based on the principles of public-private partnership.
SEC. 11. Appropriations. — The Secretary of Education shall include in the Department’s program the operationalization of the
enhanced basic education program, the initial funding of which shall be charged against the current appropriations of the DepED.
Thereafter, the amount necessary for the continued implementation of the enhanced basic education program shall be included in
the annual General Appropriations Act.

SEC. 12. Transitory Provisions. — The DepED, the CHED and the TESDA shall formulate the appropriate strategies and mechanisms
needed to ensure smooth transition from the existing ten (10) years basic education cycle to the enhanced basic education (K to 12)
cycle. The strategies may cover changes in physical infrastructure, manpower, organizational and structural concerns, bridging models
linking grade 10 competencies and the entry requirements of new tertiary curricula, and partnerships between the government and
other entities. Modeling for senior high school may be implemented in selected schools to simulate the transition process and provide
concrete data for the transition plan.
To manage the initial implementation of the enhanced basic education program and mitigate the expected multi-year low enrolment
turnout for HEIs and Technical Vocational Institutions (TVIs) starting School Year 2016-2017, the DepED shall engage in partnerships
with HEIs and TVIs for the utilization of the latter’s human and physical resources. Moreover, the DepED, the CHED, the TESDA, the
TVIs and the HEIs shall coordinate closely with one another to implement strategies that ensure the academic, physical, financial, and
human resource capabilities of HEIs and TVIs to provide educational and training services for graduates of the enhanced basic
education program to ensure that they are not adversely affected. The faculty of HEIs and TVIs allowed to teach students of secondary
education under Section 8 hereof, shall be given priority in hiring for the duration of the transition period. For this purpose, the
transition period shall be provided for in the implementing rules and regulations (IRR).
SEC. 13. Joint Congressional Oversight Committee on the Enhanced Basic Educational Program (K to 12 Program). — There is hereby
created a Joint Oversight Committee to oversee, monitor and evaluate the implementation of this Act.
The Oversight Committee shall be composed of five (5) members each from the Senate and from the House of Representatives,
including Chairs of the Committees on Education, Arts and Culture, and Finance of both Houses. The membership of the Committee
for every House shall have at least two (2) opposition or minority members.
SEC. 14. Mandatory Evaluation and Review. — By the end of School Year 2014-2015, the DepED shall conduct a mandatory review and
submit a midterm report to Congress as to the status of implementation of the K to 12 program in terms of closing the following
current shortages: (a) teachers; (b) classrooms; (c) textbooks; (d) seats; (e) toilets; and (f) other shortages that should be addressed.
The DepED shall include among others, in this midterm report, the following key metrics of access to and quality of basic education:
(a) participation rate; (b) retention rate; (c) National Achievement Test results; (d) completion rate; (e) teachers’ welfare and training
profiles; (f) adequacy of funding requirements; and (g) other learning facilities including, but not limited to, computer and science
laboratories, libraries and library hubs, and sports, music and arts.
SEC. 15. Commitment to International Benchmarks. — The DepED shall endeavor to increase the per capita spending on education
towards the immediate attainment of international benchmarks.

SEC. 16. Implementing Rules and Regulations. — Within ninety (90) days after the effectivity of this Act, the DepED Secretary, the
CHED Chairperson and the TESDA Director-General shall promulgate the rules and regulations needed for the implementation of this
Act.
SEC. 17. Separability Clause. — If any provision of this Act is held invalid or unconstitutional, the same shall not affect the validity and
effectivity of the other provisions hereof.
SEC. 18. Repealing Clause. — Pertinent provisions of Batas Pambansa Blg. 232 or the “Education Act of 1982”, Republic Act No. 9155
or the “Governance of Basic Education.
Act of 2001″, Republic Act No. 9258, Republic Act No. 7836, and all other laws, decrees, executive orders and rules and regulations
contrary to or inconsistent with the provisions of this Act are hereby repealed or modified accordingly.
SEC. 19. Effectivity Clause. — This Act shall take effect fifteen (15) days after its publication in the Official Gazette or in two (2)
newspapers of general circulation.
Approved,
(Sgd.) FELICIANO BELMONTE JR. (Sgd.) JUAN PONCE ENRILE
Speaker of the House President of the Senate
of Representatives
This Act which is a consolidation of Senate Bill No. 3286 and House Bill No. 6643 was finally passed by the Senate and the House of
Representatives on January 30, 2013.
(Sgd.) MARILYN BARUA-YAP (Sgd.) EDWIN B. BELEN
Secretary General Acting Senate Secretary
House of Representatives
Approved: MAY 15 2013
(Sgd.) BENIGNO S. AQUINO III
President of the Philippines

Philippine Teachers Professionalization Act of 1994

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Republic Act No.

REPUBLIC ACT NO. 7836

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

(d) "Commission" — refers to the Professional Regulation Commission.

(f) Administer oaths in connection with the administration of this Act;

(h) Adopt an official seal of the Board;cralaw

(a) Be a citizen and resident of the Philippines;

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

(c) Be placed in the priority list for government scholarship; and

(d) Enjoy such other benefits as may be promulgated by the Board.

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

(f) Chronic inebriety or habitual use of drugs;cralaw

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(e) Any person who uses a revoked or suspended certificate of registration;

chan robles virtual law library

Approved: December 16, 1994

State policy declaration:

Effect on international conventions and on principle of reciprocity:

3. Presidential Decree No. 49 [Decree on the Protection of Intellectual Property];

Parts of the law:

PART I- The Intellectual Property Office

Intellectual property rights under the I. P. Code:

1. Copyright and related rights;

7. Protection of undisclosed information.

[1] Bureau of Patents;

[3]Bureau of Legal Affairs;

[4]Documentation, Information and Technology Transfer Bureau;

[5] Management Information System and EDP Bureau; and

[6] Administrative, Financial and Personnel Services Bureau.

Functions of the Intellectual Property Office:

The Intellectual Property Office is mandated under the law to:

Significant features of the law:

Significant changes in the trademark law:

Significant changes in the copyright law:

For first offenders - fine of PhP50,000 to PhP150,000 and/or imprisonment of 1 to 3 years

For second offenders - fine of PhP150,000 to PhP500,000 and/or imprisonment of 3 to 6

In case of insolvency, the offender shall furthermore suffer subsidiary imprisonment.

C:\Users\ASUS\Documents\INTELLECTUAL PROPERTY CODE OF THE PHILIPPINES - AN OVERVIEW.mhtml

Republic Act No. 8353 September 30, 1997

"Article 266-A. Rape: When And How Committed. - Rape is committed:

"a) Through force, threat, or intimidation;

"b) When the offended party is deprived of reason or otherwise unconscious;

"c) By means of fraudulent machination or grave abuse of authority; and

Approved: September 30, 1997.

REPUBLIC ACT NO. 10354

(3) Proscription of abortion and management of abortion complications;

(4) Adolescent and youth reproductive health guidance and counseling;

(9) Male responsibility and involvement and men’s reproductive health;

(10) Prevention, treatment and management of infertility and sexual dysfunction;

(11) Reproductive health education for the adolescents; and

(12) Mental health aspect of reproductive health care.

(b) Contraceptive prevalence rate, by type of method used; and

(c) Cost of family planning supplies.

Section 23. Prohibited Acts. – The following acts are prohibited:

(Sgd.) EMMA LIRIO-REYES (Sgd.) MARILYN B. BARUA-YAP

Approved: DEC 21 2012

(Sgd.) BENIGNO S. AQUINO III

The Lawphil Project - Arellano Law Foundation

Congress of the Philippines

Third Regular Session

[REPUBLIC ACT NO. 10533]

transform others and one’s self.