The executive branch carries out and enforces laws. ...

Key roles of
the executive branch include: President – The President leads the
country. He/she is the head of state, leader of the national government,
and Commander in Chief of all armed forces of the Philippines.
One basic corollary in a presidential system of government is the principle of
separation of powers wherein legislation belongs to Congress, execution to
the Executive, and settlement of legal controversies to the Judiciary.

 The Legislative branch is authorized to make laws, alter, and repeal

them through the power vested in the Philippine Congress. This
institution is divided into the Senate and the House of Representatives.
 The Executive branch carries out laws. It is composed of the President
and the Vice President who are elected by direct popular vote and
serve a term of six years. The Constitution grants the President
authority to appoint his Cabinet. These departments form a large
portion of the country’s bureaucracy.
 The Judicial branch evaluates laws. It holds the power to settle
controversies involving rights that are legally demandable and
enforceable. This branch determines whether or not there has been a
grave abuse of discretion amounting to lack or excess of jurisdiction on
the part and instrumentality of the government. It is made up of a
Supreme Court and lower courts.

Each branch of government can change acts of the other branches as follows:

 The President can veto laws passed by Congress.

 Congress confirms or rejects the President's appointments and can
remove the President from office in exceptional circumstances.
 The Justices of the Supreme Court, who can overturn unconstitutional
laws, are appointed by the President and confirmed by the Senate.

The Philippine government seeks to act in the best interests of its citizens
through this system of checks and balances.

The Constitution expressly grants the Supreme Court the power of Judicial
Review as the power to declare a treaty, international or executive agreement,
law, presidential decree, proclamation, order, instruction, ordinance or
regulation unconstitutional. 

Legislative Department
The Legislative Branch enacts legislation, confirms or rejects Presidential
appointments, and has the authority to declare war. This branch includes
Congress (the Senate and House of Representatives) and several agencies that
provide support services to Congress.

 Senate –  The Senate shall be composed of twenty-four Senators who

shall be elected at large by the qualified voters of the Philippines, as
may be provided by law.
 House of Representatives – The House of Representatives shall be
composed of not more than two hundred and fifty members, unless
otherwise fixed by law, who shall be elected from legislative districts
apportioned among the provinces, cities, and the Metropolitan Manila
area in accordance with the number of their respective inhabitants, and
on the basis of a uniform and progressive ratio, and those who, as
provided by law, shall be elected through a party-list system of
registered national, regional, and sectoral parties or organizations.

The party-list representatives shall constitute twenty per cent of the total
number of representatives including those under the party list. For three
consecutive terms after the ratification of this Constitution, one-half of the
seats allocated to party-list representatives shall be filled, as provided by law,
by selection or election from the labor, peasant, urban poor, indigenous
cultural communities, women, youth, and such other sectors as may be
provided by law, except the religious sector.

Executive Department
The executive branch carries out and enforces laws. It includes the President,
Vice President, the Cabinet, executive departments, independent agencies,
and other boards, commissions, and committees.

Key roles of the executive branch include:

 President – The President leads the country. He/she is the head of state,
leader of the national government, and Commander in Chief of all
armed forces of the Philippines. The President serves a six-year term
and cannot be re-elected.
 Vice President – The Vice President supports the President. If the
President is unable to serve, the Vice President becomes President.
He/she serves a six-year term.
 The Cabinet – Cabinet members serve as advisors to the President.
They include the Vice President and the heads of executive
 departments. Cabinet members are nominated by the President and
must be confirmed by the Commission of Appointments.

Judicial Department
The judicial branch interprets the meaning of laws, applies laws to individual
cases, and decides if laws violate the Constitution. The judicial power shall be
vested in one Supreme Court and in such lower courts as may be established
by law.

Judicial power includes the duty of the courts of justice to settle actual
controversies involving rights which are legally demandable and enforceable,
and to determine whether or not there has been a grave abuse of discretion
amounting to lack or excess of jurisdiction on the part of any branch or
instrumentality of the Government. The judicial branch interprets the meaning
of laws, applies laws to individual cases, and decides if laws violate the
Constitution.

How a Bill Becomes a Law

This advocacy tool describes the process of how a
bill becomes a law at the federal level (much like the
School House Rocks song, “I am a Bill").
SHARE

 Share on Twitter
 Share on Facebook
 Share on LinkedIn
 Share via email
 Print
You can be an effective advocate for young children and families when you
familiarize yourself with how the public policy process works and the times in
which your advocacy can have the greatest impact.

STEP 1: The Creation of a Bill

Members of the House or Senate draft, sponsor and introduce bills for
consideration by Congress. The House clerk assigns a legislative number for
bills introduced in the House of Representatives (e.g., H.R. 1001) and the
Senate clerk assigns a legislative number for bills introduced in the Senate
(e.g., S. 1002).

STEP 2: Committee Action

Usually, a committee is assigned to study the bill according to its subject

matter. Often a committee will refer the bill to one of its subcommittees. The
subcommittee may request reports from government agencies, hold hearings
so experts and interested parties have an opportunity to offer testimony
regarding the issue, “mark up” or revise the bill, or report the legislation to the
full committee for its consideration. The full committee may make a
recommendation to pass the bill, to revise (i.e., mark up) and release the bill
(also known as reporting the bill out of committee), or to lay the bill aside
(also known as tabling the bill).

STEP 3: Floor Action

The bill is returned to the full House or Senate for further debate and
approval. At this point members may propose amendments to the bill, add
additional text, or otherwise alter the bill.

STEP 4: Vote

House and Senate members vote on their respective versions of the proposed
bill.

STEP 5: Conference Committees

A bill must be approved by both Chambers of Congress. When the Senate

amends and agrees to a bill or a version of a bill that the House has already
passed or when the House amends and passes a Senate bill or a version of a
Senate bill, the two Chambers may begin to resolve any legislative differences
between the House and Senate versions of the bill by way of a conference
committee. When the chambers go to conference, the House and Senate send
conferees or representatives to bargain and negotiate. The final compromise
is embodied in a Conference Report that must be agreed to by both chambers
before it is cleared for presidential consideration. The Conference Report will
recommend a common version of the measure for approval and will also
include statements of legislative intent regarding provisions of the legislation
in a Joint Statement of Managers of the Conference.

STEP 6: Presidential Action

After the bill is passed by both Chambers it is sent to the President for his
approval or his signature, which if granted creates a Public Law. When a
President comments on and refuses to sign a bill it is known as a veto. A
vetoed bill may return to Congress for reconsideration. If the President does
not act within 10 days the bill automatically becomes law. If Congress
adjourns during the 10 days after the bill is sent to the President and he does
not sign it, the bill is automatically vetoed. This process is also known as a
pocket veto.

STEP 7: The Creation of a Law

The Office of Federal Register assigns the Public Law a number (i.e. P.L. 109-1)
and the Government Printing Office prints a copy of it. Laws are issued first in
slip form or a single publication containing one law. Later it is organized in the
order in which it was passed. Finally, it is codified into subject order so that all
laws on the same topic fall together.

The Lawmaking Process in the Philippines

1. The bill is prepared.

2. The House of Representatives has its first reading.
3. A Committee Consideration/Action session is held.
4. The House of Representatives has its second reading.
5. The House of Representatives has its third reading.
6. The approved bill is transmitted to the Senate.
7. A conference committee is assembled.
8. The bill is transmitted to the President of the Philippines to be signed and passed.

1. Preparation of the Bill

As senators and representatives engage with their constituents, an idea for laws may come
up. If lawmakers decide that solutions to the concerns of their constituents can be addressed
by passing a law, they carefully study the idea and write them into bills.

Individuals and groups may also draft bills and ask their lawmakers to file them in Congress.

Furthermore, the president of the philippines also outlines his or her legislative agenda during
the annual State of the Nation Address (SONA). Different executive departments and
agencies under the president will draft the relevant bills in support of the agenda of the
president and transmit them to Congress for legislative action.

2. First Reading
Once the bill was finalized, it is filed with the Bills and Index Service and is numbered and
reproduced. Three days after its filing, the proposed measure is included in the Order of
Business for First Reading in the session. The session hall is where all lawmakers convene
for a plenary session.

During the First Reading, the secretary of either the House of Representatives or the Senate
reads the number and title of the bill. Then, the presiding officer—President of the Senate or
Speaker of the House of Representatives—refers the bill to the appropriate committee.

3. Committee Consideration/Action
After the referral of the bill, the committee where the bill was referred to will determine if there
is a need to conduct public hearings or not.

Should it be decided that there is a need to conduct a public hearing, the committee then
schedules the hearing, sends public notices containing the agenda as well as the time and
venue of the hearing, and invites relevant resource persons from the government and the
private sector and special interest groups in the meeting for their input.

On the other hand, should it be decided by the committee that there is no need to conduct a
public hearing, they will just schedule the bill for committee discussions.

From the result of the public hearings or committee discussions, the bill may be amended,
consolidated (in the case there are other similar bills filed), or be substituted with another bill
by the committee.

A committee report is prepared after. Chiefly, a committee report designates the “purpose and
scope of the bill, explains any committee amendments, indicates proposed changes in
existing law and such other materials that are relevant.”

Once the report is approved by the committee, it will be transmitted to the office which
handles the processing of bills or resolutions and the documentation of plenary proceedings
and debates in the plenary.

4. Second Reading
The Committee Report is registered and numbered by the Bills and Index Service and then
included in the Order of Business and referred to the Committee on Rules, which has
jurisdiction over all matters affecting the rules of the Senate or the House of Representatives,
the calendar, parliamentary rules, the order and manner of transacting business, and the
creation of committees. The Committee on Rules is headed by the Majority Leader of the
Senate and the House of Representatives as chairperson.

The bill is then scheduled for consideration on Second Reading. This is one of the most
challenging stages in passing a bill. During the Second Reading, the Secretary of the Senate
or the Secretary General of the House of Representatives reads the number, title, and text of
the bill.
Upon motion of the Majority Floor Leader, the floor will be opened for the Period of
Sponsorship and Debate wherein the Committee Chairman reads his Sponsorship Speech for
the bill. This will be followed by the interpellation or debate wherein the sponsor defends the
merit of the proposed bill before his or her colleagues in session.

Once the period of Sponsorship and Debate is closed, the Period of Amendments is opened,
wherein other lawmakers can propose the specific wordings, stylistics, and intents that they
want to be included in the final version of the bill.

After which, the bill’s approval for Second Reading will be voted on by all legislators of the
house. Voting can be done either by viva voce (“aye” and "nay”), count by tellers, division of
the house, or nominal voting.

5. Third Reading
After the Second Reading, the amendments proposed by the legislators are absorbed.
Printed copies of the bill are then reproduced for Third Reading. The bill is then included in
the Calendar of Bills for Third Reading and the copies are distributed to all the members three
days before its reading in the plenary.

On the actual day, the secretary reads only the number and title of the bill. Then, upon motion
of the Majority Leader, the roll call or nominal voting is called. By nominal voting, all the
members cast their "yes" or "no" vote orally to the proposed measure and are given time to
explain their vote. Amendments are no longer allowed during the Third Reading.

If the bill got a majority vote, it is considered approved. If it got disapproved, it is transmitted to
the Archives of the Senate or the House of Representatives.

6. Transmittal of the Approved Bill to the

Counterpart House
The Philippine Congress is a bicameral legislature composed of two co-equal houses: The
House of Representatives and the Senate. Thus, a bill cannot become a law unless each
house has given its nod on the proposed measure.

Once a bill is approved, for example, at the House of Representatives, it is then transmitted to
the Senate for its concurrence and undergoes the same process in the Senate. The same is
also true when the Senate passes a bill, it transmits it to the House of Representatives for its
concurrence.

7. Conference Committee
Granting that the bill has also passed in the other house of Congress, there are instances
when the versions of both houses differ from each other. As entities that must produce a
single output being one of its primary duties as the legislative branch of the Philippine
government, both houses will sit down with each other in a bicameral Conference Committee
meeting.
The Conference Committee shall be composed of Members of the House of Representatives
and the Senate, who will “settle, reconcile or thresh out differences on any provision of the
bill.”

Aside from reconciling the differences in each version of the bills, the members of the
committee may also introduce new, but relevant, provisions in the bill.

Thereafter, a Conference Committee Report is prepared for the signature of the Chairman
and the members of the committee. This report shows the changes made in the bill and
explaining the action of each side of the members of both houses. What follows is the
submission of the report to both houses for approval.

However, it's important to remember that there are bills wherein the Senate will just adopt the
version of the House of Representatives, and vice-versa, so the need for a Conference
Committee is no longer necessary.

8. Transmittal of the Bill to the President of the

Philippines
The approved bill, signed by the Speaker of the House of Representatives and the President
of the Senate and certified by the Secretary General of the House of Representatives and the
Secretary of the Senate, is transmitted to the Office of the President. The President has three
options on what to do with the bill:

 Sign and pass the bill—The bill is assigned with a Republic Act number and
becomes a law.
 Veto the bill—By refusing to sign, the bill is sent back to the House of
Representatives, along with the reasons for the veto. If both houses of Congress decide
that the bill or any of its vetoed provisions should still become a law, they will separately
hold a vote. If two-thirds (2/3) of the members of both houses voted for support of the bill,
the President’s veto is overridden. Therefore, the bill becomes a law.
 Pocket veto—The President may do nothing with the bill. However, even with the
inaction of the chief executive, the bill automatically becomes a law after thirty days
(while Congress is still in session).
The bill is reproduced and copies are sent to the Official Gazette Office for publication and
distribution to the implementing agencies. It is then included in the annual compilation of Acts
and Resolutions. Then, the concerned agencies of the executive branch of government will
finally work on the Implementing Rules and Regulation (IRR) of the law.
When Do Laws in the Philippines
Take Effect?
JUNE 23, 2016 ~ PHILIPPINE LAW TODAY

The effectivity of Philippine laws is basic legal knowledge that every

person interested in law should be familiar about.

Laws shall take effect after fifteen days

following the completion of their
publication in the Official Gazette, or in
a newspaper of general circulation in the
Philippines, unless it is otherwise
provided.Art. 2, Civil Code, as amended by E.O. 200.

As stated in the law, laws in the Philippines take effect after 15

days following the completion of their publication either in the
Official Gazette or in a newspaper of general circulation in the
Philippines.

However, the law may provide that it is effective immediately upon

publication, or that will be effective on a particular date.

The publication of laws is indispensable—laws must be published to

inform the public what the law is about. The publication requirement
is a part of procedural due process.

Republic Act No. 10648

November 27, 2014
Tags: Benigno S. Aquino III, Laws, Republic Acts
No. 2275
H. No. 4860
Republic of the Philippines
Congress of the Philippines
Metro Manila
Sixteenth Congress
Second Regular Session
Begun and held in Metro Manila, on Monday, the twenty-eighth day of July,
two thousand fourteen.
[REPUBLIC ACT NO. 10648]
AN ACT PROVIDING SCHOLARSHIP GRANTS TO TOP GRADUATES OF
ALL PUBLIC HIGH SCHOOLS IN STATE UNIVERSITIES AND COLLEGES
AND APPROPRIATING FUNDS THEREFOR
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 “Iskolar ng
Bayan Act of 2014″.
SEC. 2. Declaration of Policy. – It is the declared policy of the State to protect
and promote the right of all citizens to quality and accessible education at all
levels and to establish and maintain a financial assistance system that shall
be available to deserving students, especially the underprivileged.
For this purpose, the government shall democratize access to higher
education by institutionalizing a college scholarship program to be named
the “Iskolar ng Bayan Program” for top graduates of public high schools in the
country, subject to the academic standards, application and admission
policies and such other reasonable rules and regulations of state universities
and colleges (SUCs).
SEC. 3. Coverage. – The academic scholarships provided under the “Iskolar
ng Bayan Program”, hereinafter referred to as the Program, shall cover all
public high school students belonging to the top ten (10) of the graduating
class, based on the guidelines and criteria set by the Department of Education
(DepED), who will enroll in SUCs as freshmen: Provided, That they meet the
admission requirements of the SUCs where they intend to enroll in.
A public high school with more than five hundred (500) graduates shall be
entitled to one (1) additional scholarship slot in SUCs for every five hundred
(500) graduates. The additional slots shall be given to graduates whose ranks
immediately follow the top ten (10) students and who will enroll in SUCs after
meeting the admission requirements for freshmen.
SEC. 4. Admission in SUCs. – Any public high school student who belongs to
the top ten (10) bracket of the graduating class shall be entitled to the
scholarship grant provided under this Act in any SUC of choice upon
compliance with the following conditions:
(a) The student has graduated from any public high school in the country
within two (2) years prior to the academic year being applied for in the SUC;
(b) The student has complied with the application requirements of the SUC;
(c) The student’s rank is reported by the public high school principal or
administrator in a certificate bearing the name of the school and its location,
the number of students, the rank of the student applicant in the graduating
class, and other relevant information; and
(d) After taking the entrance examination in the chosen SUC, the student has
obtained a rating which has been designated by the SUC as the minimum
rating for a student to be able to qualify for the scholarship program.
Provided: That for the next six (6) years in the implementation of this Act,
beginning SY 2015-2016, admission to their SUCs of choice within their
region shall be automatic for the top ten (10) graduating students of public
high schools.
SEC. 5. Limitation in the Acceptance of Top Public High School Graduates by
SUCs. – All SUCs shall provide scholarships to qualified public high school
graduates under this Act: Provided, That the applicants have successfully
passed the entrance examination and have complied with the admission
requirements of the SUCs.
The SUC, however, may limit the number of students to be admitted under
this Act if the number of applicants eligible and applying for admission
exceeds by more than five percent (5%) the average number of first-time
freshmen admitted to the SUCs during the first two (2) academic years
preceding the entry of the applicant.
The Commision on Higher Education (CHED) and the concerned SUCs shall
establish the appropriate guidelines in the acceptance of top public high
school graduates.
SEC. 6. Support to the Program. – The following government
agencies/entities shall provide support for the effective implementation of the
Program:
I. Government Agencies – these government agencies shall implement the
following mandates:
(a) CHED
(1) Conduct a review of the number of graduating public high school students
in each province to ensure that the SUCs therein have the capacity to absorb
the Iskolars ng Bayan;
(2) Together with the SUCs, develop a system, including the appointment of
advisers, which shall provide assistance and guidance to the scholars in the
determination of the appropriate course and the SUC which will best suit their
aspirations and strengths; and
(3) Ensure the SUCs’ compliance with the law.
(b) DepED
(1) Disseminate information to all public high schools on the implementation of
the Program and the availability of scholarship slots;
(2) Conduct a census of the number of graduating public high school students
in each province for submission to the CHED;
(3) Identify the top ten (10) graduates in each public high school, as well as
the additional top graduates in case the public high school has more than five
hundred (500) graduates;
(4) Provide timely reminders about the Program to all public high schools
towards the second half of the school year in order to give the prospective top
graduates ample preparation time to apply for the Program; and
(5) Ensure compliance by all public high schools.
(c) SUCs
(1) Provide information to the faculty, administrative officials and staff, and
parents about the Program;
(2) Inform the CHED of their capacity to absorb the students applying under
the Program;
(3) Provide a summer bridge program, should the scholar fail to meet the
academic admission requirements for his or her preferred course, in order to
enable the scholar to comply with the minimum academic requirements and/or
allow the scholar to enroll in another course; and
(4) Ensure that full assistance is granted to the scholars to enable them to
avail of the Program.
II. Local Government Units (LGUs) – LGUs are encouraged to create their
own scholarship program.
The Department of Labor and Employment (DOLE) is encouraged to submit
an annual report to the SUCs in their respective province or region containing
projections on employment opportunities and job openings.
III. Private Higher Education Institutions (PHEIs) – PHEIs are encouraged to
create their own version of the Program.
IV. Private Corporations – Private corporations are encouraged to support the
Program under their corporate social responsibility projects.
SEC. 7. Limitations of the Program. –The scholarship grant provided under
this Act shall be limited to the full amount of tuition and other school fees for
the first year of college. Thereafter, the student beneficiary shall be covered
by the regular student financial assistance and scholarship programs of the
CHED, if qualified, subject to the guidelines that the CHED may provide.
SEC. 8. Reportorial Requirements of SUCs. – Each SUC shall report annually
to the CHED on or before a date set by the Commission. The report shall
include the number of students admitted under the Program, the courses they
are enrolled in, their academic standing and other relevant information that
will help improve the Program. The CHED shall also provide Congress a copy
of the report.
SEC. 9. Performance Monitoring and Impact Assessment. – The Program
shall be evaluated rigorously by the CHED in terms of its impact on desired
results and its progress towards achieving them shall be monitored regularly.
The CHED shall clearly define those results and their target values. Impact
evaluation shall be measured against, among others:
(a) Education outcomes such as enrolment in all SUCs and number of
graduates;
(b) Economic indicators such as income and employment; and
(c) Indicators for contributions to community service and public good.
Performance and progress shall, in addition, be measured with regard to: (a)
number of students covered by the program; (b) quality of SUCs enrolled in;
and (c) economic status upon enrolment. Tracer studies and survey data for
experimental and quasi-experimental analyses shall be undertaken to
produce credible impact evaluation studies, as may be determined by the
CHED: Provided, That the Program is to be evaluated every five (5) years
from the date of its implementation.
SEC. 10. Appropriations. – The amount necessary to carry out the provisions
of this Act shall be included in the budget of the CHED or the concerned
SUCs in the annual General Appropriations Act.
SEC. 11. Implementing Rules and Regulations. – The CHED and the DepED,
in consultation with relevant stakeholders in higher education, shall issue
within sixty (60) days after the effectivity of this Act, the rules and regulations
for the effective implementation of this Act.
SEC. 12. Separability Clause. – If any part or provision of this Act shall be
held unconstitutional or invalid, other provisions thereof which are not affected
thereby shall continue to be in full force and effect.
SEC. 13. Repealing Clause. – All laws, presidential decrees, executive
orders, rules and regulations or parts thereof which are not consistent with
this Act are hereby repealed, amended or modified accordingly.
SEC. 14. Effectivity Clause. – This Act shall take effect fifteen (15) days from
its publication in the Official Gazette or in at least two (2) newspapers of
general circulation.
Approved,
(Sgd.) FELICIANO BELMONTE JR.
Speaker of the House
of Representatives
This Act which is a consolidation of Senate Bill No. 2275 and House Bill No.
4860 was finally passed by the Senate and the House of Representatives on
September 23, 2014 and September 24, 2014, respectively.
(Sgd.) MARILYN B. BARUA-YAP
Secretary General
House of Representatives
Approved: NOV 27 2014
(Sgd.) BENIGNO S. AQUINO III
President of the Philippines

Republic Act No. 10157

January 20, 2012
REPUBLIC OF THE PHILIPPINES
CONGRESS IN THE PHILIPPINES
METRO MANILA
Fifteenth Congress
SECOND REGULAR SESSION
Begun and held in Metro Manila, on Monday, the twenty-fifth day of July, two
thousand eleven.
[REPUBLIC ACT NO. 10157]
AN ACT INSTITUTIONALIZING THE KINDERGARTEN EDUCATION INTO
THE BASIC EDUCATION SYSTEM AND APPROPRIATING FUNDS
THEREFOR
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 “Kindergarten
Education Act”.
SEC. 2. Declaration of Policy. – In consonance with the Millennium
Development Goals on achieving Education for All (EFA) by the year 2015, it
is hereby declared the policy of the State to provide equal opportunities for all
children to avail of accessible mandatory and compulsory kindergarten
education that effectively promotes physical, social, intellectual, emotional and
skills stimulation and values formation to sufficiently prepare them for formal
elementary schooling. This Act shall apply to elementary school system being
the first stage of compulsory and mandatory formal education. Thus,
kindergarten will now be an integral part of the basic education system of the
country.
Kindergarten education is vital to the academic and technical development of
the Filipino child for it is the period when the young mind’s absorptive capacity
for learning is at its sharpest. It is also the policy of the State to 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.
SEC. 3. Definition of Terms. – The terms used in this Act are defined as
follows:
(a)    DepEd shall refer to the Department of Education;
(b)   BEE shall refer to the Bureau of Elementary Education;
(c)    Kindergarten education shall be understood in this Act to mean one (1)
year of preparatory education for children at least five (5) years old as a
prerequisite for Grade I; and
(d)   Mother tongue refers to the language first learned by a child.
SEC. 4. Institutionalization of Kindergarten Education. – Kindergarten
education is hereby institutionalized as part of basic education and for school
year 2011-2012 shall be implemented partially, and thereafter, it shall be
made mandatory and compulsory for entrance to Grade 1.
SEC. 5. Medium of Instruction. – The State shall hereby adopt the mother
tongue-based multilingual education (MTB-MLE) method. The mother tongue
of the learner shall be the primary medium of instruction for teaching and
learning in the kindergarten level. However, exceptions shall be made to the
following cases:
(a) When the pupils in the kindergarten classroom have different mother
tongues or when some of them speak another mother tongue;
(b) When the teacher does not speak the mother tongue of the learners;
(c) When resources, in line with the use of the mother tongue, are not yet
available; and
(d) When teachers are not yet trained how to use the MTB-MLE program.
In such exceptional cases, the primary medium of instruction shall be
determined by the DepEd aligned with the framework being used in the
elementary level including teacher training and production of local resources
and materials under DepEd Order No. 74, series of 2009.
The DepEd, in coordination with the Commission on Filipino Language and in
close collaboration with academic and research institutions concerned with
education, shall formulate a mother tongue-based multilingual framework for
teaching and learning: Provided, That the DepEd will include teaching
strategies as defined in Section 7(c) which aims to introduce and eventually
strengthen the child’s understanding of English, which is the official language.
SEC. 6. Implementing Agency. – The authority to regulate the organization,
operation and/or implementation of the kindergarten education program of
both public and private schools shall be vested upon the DepEd, through the
creation of a new Division under the BEE and other necessary support to
achieve successful implementation of kindergarten education to include, but
not limited to, increasing the number of kindergarten teacher positions with
the required salaries and benefits, enhancing teacher training in early
education, and providing the necessary allocations for classrooms and chairs,
facilities and equipment, and textbooks.
SEC. 7. Duties, Powers and Functions. – The DepEd, through the BEE, shall
exercise the following powers and functions:
(a) Oversee and supervise the organization, operation and implementation of
the kindergarten education program;
(b) Develop the curriculum for kindergarten education consistent with the
universally accepted norms and standards, including values formation all of
which shall be developmentally appropriate, and use of the MTB-MLE as a
medium of instruction and to periodically review such for purposes of
upgrading;
(c) Develop teaching strategies using the unique feature of the MTB-MLE
which shall include, but not limited to, the following:
(1) The two-track method (storytelling and reading, listening story, oral
communication activities);
(2) Interactive strategies;
(3) Use of manipulative games; and
(4) Experiential, small group discussions and total physical response (TPR)
among others.
The learning development materials shall consist of the following at the
minimum:
(i) Listening story;
(ii) Small books;
(iii) Big books;
(iv) Experience story;
(v) Primer lessons; and
(vi) Lessons exemplars;
(a) Conceive, develop and extend a continuing professional development
program for kindergarten teachers to ensure constant updating of their
knowledge in current trends, pedagogy, methodologies and concepts on early
childhood education;
(b) Prescribe the necessary qualifications for the hiring and accreditation of
teachers who will handle the kindergarten education program;
(c) Exercise authority over the operation of private kindergarten institutions;
(d) Supervise the establishment of various venues for early childhood
education which may be institution-based, home-based, hospital-based or
community-based, and which shall be duly accredited by the DepEd; and
(e) Introduce innovative programs in kindergarten that shall include
educational technologies, whenever applicable.
SEC. 8. Appropriations. – The DepEd shall immediately include in the
program of the Department the operationalization of the free, mandatory and
compulsory public kindergarten education, the initial funding of which shall be
charged against the current appropriations for kindergarten education of the
DepEd. Thereafter, such sums which shall be necessary for the continued
implementation of the free public kindergarten education program shall be
charged to the General Fund and included in the annual General
Appropriations Act.
SEC. 9. Implementing Rules and Regulations. – Within ninety (90) days after
the effectivity of this Act, the DepEd, in consultation with the Department of
Budget and Management, shall promulgate the rules and regulations needed
for the implementation of this Act.
SEC. 10. 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. 11. Repealing Clause. – Pertinent provisions of 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. 12. 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.) JUAN PONCE ENRILE (SGD.) FELICIANO BELMONTE JR.

President of the Senate Speaker of the House of Representatives

This Act which originated in the House of Representatives was finally passed
by the House of Representatives and the Senate on November 23, 2011 and
November 21, 2011, respectively.
(SGD.) EMMA LIRIO-REYES (SGD.) MARILYN B. BARUA-YAP

Secretary of the Senate Secretary General House of Representatives

Approved: JAN 20 2012
(SGD.) BENIGNO S. AQUINO III
President of the Philippines