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PRESIDENTIAL DECREE NO. 6-A
PRESIDENTIAL DECREE NO. 6-A -
AUTHORIZING THE UNDERTAKING OF EDUCATIONAL DEVELOPMENT PROJECTS,
PROVIDING FOR THE MECHANICS OF IMPLEMENTATION AND FINANCING THEREOF,
AND FOR OTHER PURPOSES
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I, FERDINAND E. MARCOS, President of the
Philippines, by virtue of the powers vested in me by the Constitution
as Commander-in-Chief of all the Armed Forces of the Philippines, and
pursuant to Proclamation No. 1081 dated September 21, 1972, and General
Order No. 1 dated September 22, 1972, do hereby decree, order and make
as part of the law of the land the following measures:cralaw:red
Section 1. Title. — This Decree shall be known as the
"Educational Development Decree of 1972."
Section 2. Declaration of Policy. — It is hereby
declared to be the policy of the government to ensure, within the
context of a free and democratic system maximum contribution of the
educational system to the attainment of the following national
development goals:cralaw:red
(a) To achieve and maintain an accelerating rate of
economic development and social progress;chanroblesvirtualawlibrary
(b) To assure the maximum participation of all the
people in the attainment and enjoyment of the benefits of such growth;
and
(c) To strengthen national consciousness and promote
desirable cultural values in a changing world.
Section 3. Statement of Objectives. — To this end,
the educational systems to:cralaw:red
(a) Provide for a broad general education that will
assist each individual, in the peculiar ecology of his own society, to
(1) attain his potential as a human being; (2) enhance the range and
quality of individual and group participation in the basic functions of
society; and (3) acquire the essential educational foundation for his
development into a productive and versatile citizen;chanroblesvirtualawlibrary
(b) Train the nation's manpower in the middle level
skill required for national development;chanroblesvirtualawlibrary
(c) Develop the high-level professions that will
provide leadership for the nation, advance knowledge through research,
and apply new knowledge for improving the quality of human life; and
(d) Respond effectively to changing needs and
conditions of the nation through a system of educational planning and
evaluation.
Section 4. Guiding Principles of the Ten-Year
Program. — In order to lay the foundation and to advance the attainment
of these objectives, a ten-year national education development program
shall be formulated based on the following:cralaw:red
(a) Improvement of curricular programs and quality of
instruction of all levels by way of upgrading physical faculties,
adoption of cost-saving instructional technology, and training and
re-training of teachers and administrators;chanroblesvirtualawlibrary
(b) Upgrading of academic standards through
accreditation schemes, admissions testing and guidance counseling;chanroblesvirtualawlibrary
(c) Democratization of access to educational
opportunities through the provision of financial assistance to
deserving students, skills training programs for out-of-school youth
and continuing education program for non-literate adults;chanroblesvirtualawlibrary
(d) Restructuring of higher education to become more
responsive to national development needs through a planned system of
incentives and assistance to both public and private colleges and
universities and synchronization of curricular programs, staffing
patterns and institutional development activities;chanroblesvirtualawlibrary
(e) Expansion of existing programs and establishment
of new ones designed to train middle-level technical and agricultural
manpower; and
(f) Instituting reform in the educational financing
system to facilitate the shift of funding responsibility for elementary
and secondary education from the national to the local government,
thereby increasing government participation in higher education.
Section 5. Educational Development Projects. — The
above-stated objectives shall be attained through the undertaking of
the following educational development projects:cralaw:red
(a) Management study of the Department of Education
and Culture and institution of administrative improvements therein;chanroblesvirtualawlibrary
(b) Establishment and/or operation or improvement of
secondary schools which may include provision for extension services,
facilities and equipment to allow the use of expanded and improved
curriculum;chanroblesvirtualawlibrary
(c) Establishment and/or operation, upgrading or
improvement of technical institutes, skills training centers, and other
non-formal training programs and projects for the out-of-school youth
and the unemployed in collaboration with the programs of the National
Manpower and Youth Council;chanroblesvirtualawlibrary
(d) Curriculum and staff development including
mathematics and science teaching;chanroblesvirtualawlibrary
(e) Expansion of agricultural secondary and higher
education programs and extension activities which may include radio
broadcasting and rural training services, and the provision of
facilities therefor including seed capital and revolving funds;chanroblesvirtualawlibrary
(f) Design, utilization and improvement of
instructional technology and development/production of textbooks and
other instructional materials; and
(g) Assistance and incentives, including loans and
grants, toward the planned development and improvement of programs and
facilities in both public and private universities, colleges and
schools.
In addition, other educational development projects necessary pursuant
to the objectives of this Decree are likewise to be undertaken:
Provided, That for such projects to qualify under this Decree, the same
must be consistent with the principles enunciated in Section 4 hereof,
supported by sufficient studies, data and plans of operation and
implementation, endorsed by the National Board of Education to, and
approved by an Education Special Committee, hereinafter provided, to
form part of the educational development program.
Section 6. Working Arrangements. — For the attainment
of the objectives of this Decree, an Education Special Committee,
composed of the Secretary of Education and Culture as Chairman and the
Secretary of Finance and the Commissioner of the Budget as members, if
hereby created which shall:cralaw:red
(a) Approve and evaluate the specific projects,
endorsed to it by the National Board of Education, to be financed out
of the resources provided for in this Decree; and
(b) Administer the Educational Institutions
Development Fund as hereinafter provided, except that the resources
accruing into the Fund shall be managed by reputable fund managers or
financial institutions.
The National Board of Education, as reorganized pursuant to
Presidential Decree No. 1 dated September 24, 1972, shall, in addition
to its functions, perform the following:cralaw:red
(a) Formulate education objectives and policies
consistent with those enunciated in Section 2 hereof; and
(b) Provide policy guidelines in the administration
of the assistance and incentive programs provided for in Section 5(g)
hereof, which shall include a system of educational priorities
consistent with national, regional and/or local requirements for
education and skills training, and such other procedures and
requirements as will ensure the continual upgrading of the quality of
education, the rationalization and institutional growth, and the
democratization of access to education. chanroblesvirtualawlibrary
In the discharge of its functions, the National Board of Education
shall be assisted by an office of planning and research known as
Planning Service in the Department of Education and Culture.
A project unit to be known as the Educational Development Projects
Implementing Task Force is hereby established under the Office of the
Secretary of Education and Culture to be headed by a Director and be
composed of technical staff members and such consultants as are
necessary. Its functions are:cralaw:red
(a) To supervise and implement foreign-assisted
development projects; and
(b) To implement such other development projects as
may be assigned to it by the Secretary of Education and Culture.
Where the project involves an office, agency or instrumentality of the
government other than the Department of Education and Culture,
appropriate working arrangements shall be established by the
Educational Department Projects Implementing Task Force and the office,
agency or instrumentality concerned, including the turn over of the
project upon its completion to such office, agency or instrumentality
to be integrated with and be part of the regular activities thereof.
Section 7. Authority to Borrow. — The President of
the Philippines, in behalf of the Republic of the Philippines, may
contract loans, credits or indebtedness with any foreign source or
lender, under such terms and conditions as may be agreed upon, any
provision of law, including Republic Act Numbered Forty-eight hundred
and sixty as amended by Republic Act Numbered Sixty-one hundred and
forty-two, Act Numbered Forty-two hundred and thirty nine, Commonwealth
Act Numbered one hundred thirty-eight, Commonwealth Act Numbered Five
Hundred forty-one, Republic Act Numbered Nine hundred twelve, Republic
Act Numbered Fifty-one hundred eighty-three, and other related laws to
the contrary notwithstanding, for a total amount not exceeding one
hundred million United States dollars or the equivalent thereof in
other currencies, as may be necessary to meet the direct and indirect
foreign exchange requirements of the projects authorized under this
Decree, to cover the costs of feasibility studies, equipment,
machineries, supplies, construction, installation and related services
of any such projects: Provided, That the loans, credit or indebtedness
authorized herein shall be incurred on terms of payment of not less
that ten (10) years.
Section 8. Utilization of Proceeds. — The proceeds of
such loans, credits or indebtedness, as well as the appropriations
under Section 9 hereof, shall be used exclusively for financing the
educational development projects authorized under this Decree:
Provided, That for the purpose of ensuring continued assistance to the
planned development and improvement of programs and facilities in both
public and private universities, colleges and schools, there is hereby
authorized to be established an Educational Institutions Development
Fund in an amount of not less that ten million pesos ( 10,000,000),
Philippine currency, annually for a period of ten (10) years. The said
Fund shall be administered as a separate fund, and lending or relending
operations to private universities, colleges and schools shall be
subject to the rules and regulations to be promulgated by the National
Board of Education with the approval of the Secretary of
Finance. chanroblesvirtualawlibrary
Cities, provinces and municipalities may undertake educational
development projects pursuant to the objectives of this Decree and are
hereby authorized to avail themselves of proceeds of loans, credits or
indebtedness herein authorized as well as the appropriations under
Section 9 hereof and receive financial assistance subject to such
conditions as may be provided for and/or promulgated by the National
Board of Education pursuant to this Decree.
Section 9. Appropriations. — In addition to the
proceeds of the loans, credits or indebtedness mentioned in Section 7
hereof, there is hereby appropriated for the projects authorized herein
the sum of five hundred million pesos (P500,000,000) out of the funds
in the National Treasury not otherwise appropriated which shall be
programmed and released in the following manner: fifty million pesos
(P50,000,000) for Fiscal Year 1972-73 and fifty million pesos
(P50,000,000) annually thereafter until June thirty, nineteen hundred
eighty-two: Provided, That notwithstanding the said schedule, releases
in a given year shall be adjusted in accordance with the actual
requirements of the projects being implemented during the fiscal year:
Provided, further, That should there be any surplus in the annual
appropriations herein provided, the same shall accrue to the
Educational Special Account herein created in the General Fund which
shall be made available to finance the projects during the subsequent
fiscal years.
Section 10. Creation of Educational Special Account.
— There is hereby established in the National Treasury an Educational
Special Account to meet the appropriations herein provided, which shall
be constituted from the following sources: chanroblesvirtualawlibrary
(a) Proceeds form bond issues as provided for under
Section 11 of this Decree;chanroblesvirtualawlibrary
(b) Twenty million pesos (P20,000,000) annually from
the share of the National Government in the Special Education Fund
under Republic Act Numbered Fifty-four hundred forty-seven as provided
in Section 12 hereof;chanroblesvirtualawlibrary
(c) Fifteen million pesos (P15,000,000) from the
Special Science Fund for Fiscal Year 1972-73, and fifty per centum
(50%), annually thereafter until June 30, 1982, of the total annual
receipts from the taxes provided for under Republic Act Numbered
Fifty-four hundred and forty-eight, as provided in Section 13 hereof;chanroblesvirtualawlibrary
(d) Future savings of the Department of Education and
Culture that may result from the implementation of reforms consequent
to management study, as provided in Section 14 hereof; and
(e) Augmentations from the General Funds which are
hereby authorized in cases where the above sources are not sufficient
to cover expenditures required in any year, as provided in Section 15
of this Act.
The Department of Education and Culture is hereby authorized to receive
and spend or utilize donations and/or bequests made in pursuance of the
purposes and for projects enunciated in this Decree which donations
and/or bequests shall be exempt from the payment of gift taxes.
Section 11. Bond Issues. — The Secretary of Finance
may issue and sell bonds not exceeding twenty million pesos annually
under the authority of Republic Act Numbered Four thousand eight
hundred sixty-one, any provision of law to the contrary,
notwithstanding.
Section 12. Portions of the Special Education Fund. —
Any provision of law to the contrary notwithstanding, effective July 1,
1972, until June 30, 1982, twenty million pesos (P20,000,000) of the
annual share of the National Government from the Special Education Fund
provided for under Republic Act Numbered Fifty-four hundred and
forty-seven shall accrue to the Educational Special Account herein
provided. Thereafter, the said share shall accrue to the General Fund.
In this connection, the shares of the local governments from the said
Fund may be used by them to finance such projects as may be established
in their locality under the authority of this Decree regardless of any
restriction imposed thereon.
Section 13. Portion of Special Science Fund. — Any
provision of law to the contrary notwithstanding, effective upon
approval of this Decree, fifteen million pesos (P15,000,000) of the
Special Science Fund established under Republic Act Numbered
fifty-four-hundred and forty-eight as amended as hereby transferred to
the Educational Special Account herein provided. Starting July 1, 1972,
until June 30, 1982, fifty per centum (50%) of the total collections
from the taxes imposed under Republic Act Numbered fifty-four hundred
and forty-eight as amended shall accrued to the Educational Special
Account. Thereafter, said portion shall accrue to the General Fund.
Section 14. Future Savings. — Such amount of savings
resulting from the implementation of reforms consequent to the
management study authorized under Section 5 as may be necessary to
prosecute the projects under this Decree shall accrue to the
Educational Special Account. chanroblesvirtualawlibrary
Section 15. Augmentation from General Fund. — In
cases where funds from sources specified in Section 10 (a), (b), (c)
and (d) are not sufficient to meet the requirements in any fiscal year,
such amounts as are necessary to meet such requirements are hereby
appropriated out of the funds in the General Funds not otherwise
appropriated, and transferred to the Educational Special
Account. chanroblesvirtualawlibrary
Section 16. Tax Exemption. — The loans, credits or
indebtedness incurred pursuant to this Decree, the payment of the
principal, interests and other charges thereon, the earnings of the
fund created under Section 8, as well as the importation of articles,
materials, equipment, machineries and supplies, including all building
materials by the Department of Education and Culture or other offices,
agencies or instrumentalities of the government and by private or
chartered entities authorized by Education Special Committee to
undertake the projects authorized in this Act shall be exempt from all
taxes, duties, fees, imposts, other charges and restrictions, including
import restrictions, imposed by the Republic of the Philippines or any
of its agencies or political subdivisions. The Secretary of Finance
shall promulgate rules and regulations necessary for the purpose.
Section 17. Additional Appropriations. — There is
hereby authorized to be appropriated, out of any funds in the National
Treasury not otherwise appropriated, such sums as may be necessary to
pay the principal, interests and other charges on the loans, credits or
indebtedness incurred under the authority of this Decree as and when
they become due.
Section 18. Repealing Clause. — All laws, executive
orders, rules or regulations or parts thereof which are inconsistent
with this Decree are hereby repealed and/or modified accordingly.
Section 19. Effectivity. — This Decree shall take
effect immediately.
Done in the City of Manila,
this 29th day of September, in the year of Our Lord, nineteen hundred
and seventy two.
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