Commonwealth Act No.

180 &
PRESIDENTIAL DECREE No.
451

JUNICE L. MARAÑO
DISSCUSSANT
 Commonwealth Act No. 180

An Act to Amend Sections One, Two, Three, Five, Six, and Twelve of
Act Numbered Twenty-Seven Hundred and Six, as Amended by Act
Numbered Thirty Hundred and Seventy-Five; to Repeal Section
Seventeen of Act Numbered Four Thousand and Seven, Known as
The Reorganization Law of Nineteen Hundred and Thirty-Two; and
to Establish the Office of Private Education to be Headed by the
Director of Private Education
Commonwealth Act No. 180

November 13, 1936; An act that contains

amendments of Act No. 2706 ( the Private School
Law ), 3075, and (the Establishment of Private
Education) to be Headed by the Director of Private
Education.
 TIMELINE OF COMMENWELTH ACT

Original [ Act No. 2706, March [ Act No. 3075, March 16, 1923 ] ACT NO. 4007 Latest
10, 1917 ] AN ACT TO AMEND SECTION FOUR (December 5, 1932) COMMONWELTH ACT 180 (13
AN ACT MAKING THE AND ADD A NEW SECTION TO ACT November 1936)
INSPECTION AND RECOGNITION NUMBERED TWENTY-SEVEN AN ACT TO REORGANIZE An Act to Amend Sections One, Two,
OF PRIVATE SCHOOLS AND HUNDRED AND SIX ENTITLED "AN THE DEPARTMENTS, Three, Five, Six, and Twelve of Act
COLLEGES OBLIGATORY FOR THE ACT MAKING THE INSPECTION AND BUREAUS AND OFFICES Numbered Twenty-Seven Hundred and
SECRETARY OF PUBLIC RECOGNITION OF PRIVATE OF THE INSULAR Six, as Amended by Act Numbered
INSTRUCTION, AND FOR OTHER SCHOOLS AND COLLEGES GOVERNMENT, AND FOR Thirty Hundred and Seventy-Five; to
PURPOSES. OBLIGATORY FOR THE SECRETARY OTHER PURPOSES Repeal Section Seventeen of Act
OF PUBLIC INSTRUCTION, AND FOR Numbered Four Thousand and Seven,
OTHER PURPOSES Known as The Reorganization Law of
Nineteen Hundred and Thirty-Two; and
to Establish the Office of Private
Education to be Headed by the Director
of Private Education
 SECTION 1.

It shall be the duty of the Secretary of Public Instruction

to maintain a general standard of efficiency in all
private schools and colleges of the Philippines so that
the same shall furnish adequate instruction to the
public, in accordance with the class and grade of
instruction given in them.
 SECTION 2.

“ For the purposes of this Act, the term private school or college shall be
deemed to include any private individuals or corporations, which is not
subject to the authority and regulations of the Bureau of Education or of the
University of the Philippines, or of the Bureau of Public Welfare, and which
offers courses of kindergarten, primary, intermediate or secondary
instruction or superior courses in vocational, technical, professional or
special schools by which diplomas or certificates are to be granted or titles
and degrees conferred.”
 SECTION 3

Any person or group of persons desiring to open or

establish a private school or college must first secure the
permission of the Secretary of Public Instruction before
opening or establishing the same, and shall file with the
Secretary of Public Instruction a petition setting forth:
 SECTION 3
 
“1. The name and location of the school or college. 343, 1556 Ortigas Ave,
Mandaluyong, Metro
“2. The names and addresses of all officers, directors, governing boards, and faculties. Manila
“3. The date of the organization.
“4. The total amount of money actually invested and other information relative to the financial
condition of the school or college.
“5. A description of the buildings occupied or to be occupied by the college or school, with full details
regarding the number and dimensions of the rooms, plumbing and sanitary arrangements and
facilities for the proper lighting and ventilation.
“6. A list of teachers, and assistant, showing their academic degrees, profession, experience, and
qualification, and the subjects to be taught by each.
“7. Complete information concerning the curriculum to be established with full details regarding the
amount of instruction to be given on each subject.
“8. Full information relative to laboratories, equipment and libraries.
“9. All other details and data which the Secretary of Public Instruction may request for the purpose of
passing upon the application.
 Section 3

“If the Secretary of Public Instruction is satisfied that the opening or

establishment of said school or college is warranted by public interest and
that satisfactory instruction can be given by it, the said Secretary of Public
Instruction may grant a temporary permit.
 
“No institution shall call itself or be called a University, unless and until it
shall have fulfilled the following requisite in addition to those that may be
prescribed by the Secretary of Public Instruction:
 
“1. The operation of a recognized post-graduate course in liberal arts and
sciences or in education, leading to the master’s degree;
“2. The operation of a four-year under-graduate courses in liberal arts and
sciences;
“3. The operation of at least three professional colleges;
Section 4. Section five of Act Numbered Twenty-seven hundred and six
is hereby amended to read as follows

Sec. 5 If a school or college is granted a permit to open, the Secretary of

Public Instruction is satisfied that the school or college is managed in a
satisfactory manner and furnishes the public the Secretary of Public
Instruction may issue a certificate granting it Government recognition
with respect to any or all of its courses. The certificate of recognition
shall entitle the course for which Government recognition pertains to all
the benefits and privileges enjoyed by graduates in similar courses in
public or Government schools.
Section 5. Section six of Act Numbered Twenty-seven hundred and six is hereby
amended to read as follows:

“Sec. 6. The Department of Public Instruction shall from time to

time prepare and publish in pamphlet form the minimum
standards required of primary, intermediate and high schools,
and colleges granting the degrees of bachelor of arts, bachelor
of science, or any other academic degrees. It shall also from
time to time prepare and publish in pamphlet form the
minimum standards required of law, medical, dental,
pharmaceutical, engineering, agricultural and other special or
vocational or professional character.”
 SECTION 6

Section 6. Section twelve of Act Numbered Twenty-seven hundred

and six, as amended by Act Numbered Thirty hundred and seventy-
five, is hereby further amended to read as follows:

“Any person or group of persons who shall open, direct,

maintain, or manage a private school or college as defined
by this Act without the prior approval of the Secretary of
Public Instruction. A fine not exceeding five hundred pesos,
or by imprisonment not exceeding six months, or both, can
be imposed.”
 Section 7 & 8

Section seventeen of Act Numbered Four thousand and seven known as

the “Reorganization Law of nineteen hundred and thirty-two” abolishing
the Office of the Commissioner of Private Education is hereby repealed.
Hereafter the Division of Private Schools and Colleges shall be known as
the Office of Private Education and the Chief of the said Office shall be
known as the Director of Private Education and shall receive a
compensation of five thousand one hundred pesos per annum.

Section 8. This Act shall take effect upon its approval.

 PRESIDENTIAL DECREE No. 451

AUTHORIZING THE SECRETARY OF EDUCATION

AND CULTURE TO REGULATE THE IMPOSITION OF
TUITION AND OTHER SCHOOL FEES, REPEALING
REPUBLIC ACT NO. 6139, AND FOR OTHER
PURPOSES.
 SECTION 1
Authority of Secretary of Education and Culture

Within the limits and under the circumstances set forth in this Decree, the
Secretary of Education and Culture shall have the authority to regulate the
imposition of tuition and other school fees or charges by any and all private
schools as defined under Act Numbered Two thousand seven hundred and six, as
amended. No changes in the rates of tuition or other school fees or charges shall
be effective without the prior approval of the Secretary of Education and
Culture. New school fees or charges to be imposed by new or existing schools,
whether for new courses or other matters, shall be at such reasonable rates as
may be determined by the Secretary of Education and culture based on the
standard of such school.
 SECTION 2
Application and Documents Required

Any private school which desires to revise its rates of tuition or

other school fees or charges or to impose other fees or charges
shall file application therefor with the Secretary of Education and
Culture. The application shall include:

(a) Statement of the itemized current rates of tuition and other charges and the
corresponding itemized proposed changes thereon, as well as the new fees or charges
proposed to be imposed, and of the proposed allocation of the incremental proceeds in
accordance with Section 3(a) hereof. Such statements shall, when accomplished be under
oath by the proper official (s) of the school concerned;
(b) Financial statement showing the financial status of the school duly certified by a
certified public accountant;
(c) A copy of the last tax return, where required, filed with the Bureau of Internal Revenue.
 SECTION 3
Limitations

The increase in tuition or other school fees or other charges as well

as the new fees or charges authorized under the next preceding
section shall be subject to the following conditions:

(a) That no increase in tuition or other school fees or charges shall be approved
unless sixty (60%) per centum of the proceeds is allocated for increase in
salaries or wages of the members of the faculty and all other employees of the
school concerned, and the balance for institutional development, student
assistance and extension services, and return to investments: Provided, That in
no case shall the return to investments exceed twelve (12%) per centum of the
incremental proceeds; and
(b) That any such increase shall in no case exceed fifteen (15%) per centum of
the rates charged during the preceding school year.
 SECTION 4
Rules and Regulations

The Secretary of Education and Culture is hereby authorized,

empowered and directed to issue the requisite rules and
regulations for the effective implementation of this Decree. He
may, in addition to the requirements and limitations provided for
under Sections 2 and 3 hereof, impose other requirements and
limitations as he may deem proper and reasonable.
 SECTION 5
Prohibitions

No school administration or office or division thereof shall hold or

sponsor any benefit performance, movies, concerts, dramatic presentation,
games and/or shows of whatever kind or nature whether for charity or
otherwise. Any such act on the part of the school administration or office
or division thereof shall be considered a circumvention of this law and
shall be sufficient cause for the cancellation of the approval of any
previous increase in tuition or other school fees and shall subject the
school official concerned to such disciplinary action as the Secretary of
Education and Culture may deem proper including the revocation on any
decree conferred by authority of the Government.
 SECTION 6
Review of Financial Statements

Financial statements submitted in accordance with the

provisions of Section 2 hereof may be reviewed by the
Commission on Audit at the instance of the Secretary of
Education and Culture whenever he believes that the same is
necessary for verification purposes. For this purpose, the
Commission on Audit is authorized to examine the pertinent
books and record of the school concerned
 SECTION 7
Additional Scholarships
 

As a further condition to any grant of increase in tuition or other school fees,

private schools with a total enrolment of at least one thousand, are hereby
required to provide free scholarships to poor but deserving students at the ratio
of one (1) free scholarship for every five hundred (500) pupils/students enrolled:
Provided, That this requirement shall be exclusive of the present practice of
private schools offering scholarship privileges to valedictorians and salutatorians
and other pupils/students who have achieved scholastic distinctions. Neither
shall other forms of scholarships such as those offered to athletes and working
students be included in arriving at the proper number of poor but deserving
pupils/students to be given free scholarships.
 SECTION 8
Penal Clause

Any violation of the provisions of this Decree or of the rules

or regulations promulgated pursuant there to or any final
decision made by the Secretary of Education and Culture
shall be punishable by a fine of five thousand (P5,000.00)
pesos or imprisonment of two years or both at the discretion
of the court which penalty shall be imposed on the official(s)
of the private school or on any person acting for and in
behalf of the school directly responsible for the violation. If
the violator is a public official the same penalty shall be
imposed without prejudice to any administrative action
which may be taken against him.
 SECTION 9
Repealing Clause

Republic Act No. 6139 is hereby repealed, and all laws, decrees, executive
orders, directives and rules and regulations inconsistent herewith are
likewise repealed, amended or modified accordingly.
 

SECTION 10
Effectivity

This Decree shall take effect immediately.

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