Sponsored by: The ChanRobles Group A collection of Philippine laws, statutes and codes not included or cited in the main indices of the Chan Robles Virtual Law Library. This page features the full text of Republic Act No. 7880 Fair and Equitable Access to Education Act AN ACT PROVIDING FOR THE FAIR AND EQUITABLE ALLOCATION OF THE DEPARTMENT OF EDUCATION, CULTURE AND SPORTS BUDGET FOR CAPITAL OUTLAY. REPUBLIC ACT NO. 7880
SECTION
1. Title. — This Act shall be
known and cited as the "Fair and Equitable Access to Education Act."
chan robles virtual law library Sec.
2. Declaration of Policy. — It
is hereby declared the policy of the State to uphold the primacy of
education,
to foster patriotism and nationalism, accelerate social progress, and
promote
total human liberation and development. Accordingly, the State shall
provide
for the development of its citizenry as represented by all legislative
districts by ensuring them fair and equitable access to the
infrastructure
and tools necessary for quality education. Towards
this end, the State shall provide all legislative districts a minimum
and
continuing level of educational development by establishing an
objective
mechanism that would make equitable the allocation of the Department of
Education, Culture and Sports' (DECS) budget for capital outlay.chan
robles virtual law library Sec. 3. Definition of Terms. — As used in this Act, the following terms are hereby defined as follows:
Sec.
4. Allocation of Appropriation.
— Notwithstanding any provision of the law to the contrary, the annual
DECS budget for capital outlay, as defined in Section 3(a), shall be
allocated
among the legislative districts in the following manner:chanroblesvirtualawlibrary
Sec.
5. Use of Allocation. — The total
amount allocated herein shall be used exclusively for capital outlay
pursuant
to the educational priorities of the legislative district, as
determined
by the DECS upon prior consultation with the representative of each
legislative
district: Provided, That the primary objective in the use of
any
allocation shall be to eliminate classroom shortages if any: Provided,
further, That any amounts allocated in accordance with subparagraph
(1) of paragraphs (a) and (b) of the preceding section shall be used
only
for the acquisition or improvement of school sites, construction of
school
buildings and classrooms and the purchase of material or equipment that
directly aid in education: Provided, furthermore,
That the amount
so appropriated in accordance with subparagraph (2) of paragraphs (a)
and
(b) of the same section shall be used exclusively for the construction
of new school buildings: Provided, finally, That if the amount
so
appropriated in subparagraph (2) of paragraphs (a) and (b) should
exceed
the amount required to meet classroom shortage, the excess shall be
integrated
with subparagraph (1) of paragraphs (a) and (b) of the same section
excluding
capital outlays of division offices, regional and central offices.
chan robles virtual law library Sec.
6. Implementing Rules and Regulations.
— The DECS, upon prior consultation with the Department of Budget and
Management,
shall promulgate the necessary rules and regulations for the immediate
and effective implementation of this Act within a period of sixty (60)
days after its effectivity. The
DECS officials shall submit to the Committees on Finance, and
Education,
Arts and Culture of both Houses of Congress copies of the implementing
rules and regulations within thirty (30) days after its
promulgation. Any
violation of this Section shall render the concerned official liable
under
Republic
Act No. 6713, otherwise known as the "Code of Conduct and Ethical
Standards
for Public Officials and Employees," and other existing
administrative
and/or criminal laws.chan
robles virtual law library Sec. 7. Certification. — Any person charged in the implementation of this Act shall certify under oath to be attached in the payroll or salary voucher under which his salary is paid that the provision of this Act on the allocation of appropriation for the year as provided under Section 4 has been fully complied with. Sec. 8. Penal Clause. — Any public official or employee or private individual who willfully or knowingly misappropriates the funds allocated herein or uses the same for personal gain in violation of Section 5 of this Act shall be punished with perpetual disqualification from public office and imprisonment for not less than six (6) years but nor more than fifteen (15) years. Sec. 9. Release of Capital Outlays. — The appropriation herein provided for the construction, rehabilitation, replacement, completion and repair of school buildings shall be directly released to and administered by the Department of Public Works and Highways based on the work program submitted by the DECS: Provided, That fifty percent (50%) of the total appropriation for capital outlay shall be released automatically on the first quarter of the calendar year, including its corresponding notice of cash allocation. Sec. 10. Separability Clause. — If any provision of this Act is declared unconstitutional, the same shall not affect the validity and effectivity of the other provisions hereof. Sec. 11. Repealing Clause. — All laws, decrees, orders, rules and regulations, and all other issuances or parts thereof, which are inconsistent with this Act hereby repealed or modified accordingly.chan robles virtual law library Sec.
12. Effectivity. — This Act shall
take effect upon its approval.
Approved:
February
20, 1995
Back to Top - Back to Main Index - Back to Home Copyright ©1998-2006 by ChanRobles Publishing Company All Rights Reserved Since 19.07.98 | |||
Law
Library
On-Line
Bar
Review
MCLE:
DebtKollect
Intellectual
Property
|
|
