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PRESIDENTIAL DECREES


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MALACAÑANG
M a n i l a

PRESIDENTIAL DECREE No. 6-A September 29, 1972

AUTHORIZING THE UNDERTAKING OF EDUCATIONAL DEVELOPMENT PROJECTS, PROVIDING FOR THE MECHANICS OF IMPLEMENTATION AND FINANCING THEREOF, AND FOR OTHER PURPOSES

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:

Section 1. Title. - This Decree shall be known as the "Educational Development Decree of 1972."

Sec. 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:

(a) To achieve and maintain an accelerating rate of economic development and social progress;

(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.

Sec. 3. Statement of Objectives. - To this end, the educational system aims to:

(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:

(b) Train the nation's manpower in the middle level skill required for national development;

(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.

Sec. 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:

(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;

(b) Upgrading of academic standards through accreditation schemes, admissions testing and guidance counselling;

(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;

(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;

(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.

Sec. 5. Educational Development Projects. - The above-stated objectives shall be attained through the undertaking of the following educational development projects:

(a) Management study of the Department of Education and Culture and institution of administrative improvements therein;

(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;

(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;

(d) Curriculum and staff development including mathematics and science teaching;

(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;

(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 Sec. 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.

Sec. 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:

(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:

(a) Formulate education objectives and policies consistent with those enunciated in Sec. 2 hereof; and

(b) Provide policy guidelines in the administration of the assistance and incentive programs provided for in Sec. 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.

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:

(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.

Sec. 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.

Sec. 8. Utilization of Proceeds. - The proceeds of such loans, credits or indebtedness, as well as the appropriations under Sec. 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.

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 Sec. 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.

Sec. 9. Appropriations. - In addition to the proceeds of the loans, credits or indebtedness mentioned in Sec. 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:

(a) Proceeds form bond issues as provided for under Section 11 of this Decree;

(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;

(c) Fifteen million pesos (P15,000,000) from the Special Science Fund for Fiscal Year 1972-73, and fifty percentum (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;

(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 Sec. 5 as may be necessary to prosecute the projects under this Decree shall accrue to the Educational Special Account.

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.

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 Sec. 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.