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This page features the full text of
Republic Act No. 7798
AN
ACT AMENDING SECTION 25 OF BATAS PAMBANSA BLG. 232, OTHERWISE KNOWN AS
THE "EDUCATION ACT OF 1982"
REPUBLIC
ACT NO. 7798
AN
ACT AMENDING SECTION 25 OF BATAS PAMBANSA BLG. 232, OTHERWISE KNOWN AS
THE "EDUCATION ACT OF 1982"
SECTION
1. Section 25, Chapter 3 of the
Education Act of 1982 is hereby amended to read as follows:chanrobles virtuallaw libraryred
"Sec.
25. Establishment of Schools.
— All schools shall be established in accordance with law.The
establishment of new national schools and the conversion of existing
schools
from elementary to national secondary schools or from secondary to
national
secondary or tertiary schools shall be by law: Provided, That any
private
school proposed to be established must incorporate as either a
non-stock
or a stock educational corporation in accordance with the provisions of
the Corporation Code of the Philippines.This
requirement to incorporate may be waived in the case of
family-administered
pre-school institutions.
chanrobles virtuallaw libraryred"Provided,
That the minimum paid-up capital for stock educational institutions for
those engaged in elementary education shall not be less than One
million
pesos (P1,000,000.00); not less than Two million five hundred thousand
pesos (P2,500,000.00) for those offering both elementary and secondary
education; and not less than Five million pesos (P5,000,000.00) for
those
offering elementary, secondary and tertiary and postgraduate courses,
except
existing educational institutions organized as stock corporations which
may retain their original capitalization.chanrobles virtuallaw libraryred
"Existing
educational institutions organized as stock corporations may
automatically
apply for renewal of their corporate existence when the original period
is about to expire.
"Provided,
finally, That stock educational institutions may be allowed only in
capital-intensive courses of study as may be determined by the
Department
of Education, Culture and Sports, the Commission on Higher Education,
and
the Department of Science and Technology, as the case may be.
"Any
school that is established or organized as a stock corporation shall be
ineligible for any form of government subsidy, incentive or assistance,
except those given to individual students and teachers in the form of
scholarships,
student loans or other forms of subsidy as already mandated under
existing
laws.Government assistance to non-stock
schools for educational programs shall be used exclusively for that
purpose. chanrobles virtuallaw libraryred
"Taxes
shall not be due on donations to educational corporations."
Sec.
2. The Department of Education,
Culture and Sports and the Commission on Higher Education, as the case
may be, are hereby authorized to formulate within sixty (60) days from
the approval of this Act implementing rules and guidelines governing
the
establishment and operation of stock educational corporations that may
be organized pursuant to this Act with particular emphasis on meeting
the
objectives of quality education and academic excellence provided for by
the provisions of Batas Pambansa Blg. 232, otherwise known as the
Education
Act of 1982.
Sec.
3. All laws, rules and ordinances
inconsistent with this Act are hereby repealed or modified
accordingly.chanrobles virtual law library
Sec.
4. This Act shall take effect
fifteen (15) days after its publication in at least two (2) national
newspapers
of general circulation.
Approved:
August
25, 1994
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