August 7, 1940

COMMONWEALTH ACT NO. 586

AN ACT TO PROVIDE FOR THE REVISION OF THE SYSTEM OF PUBLIC ELEMENTARY EDUCATION IN THE PHILIPPINES INCLUDING THE FINANCING THEREOF

SECTION 1. This Act shall be known as the Educational Act of 1940.

SECTION 2. In order to meet the increasing demand for public elementary instruction and at the same time comply with the constitutional mandate on public education, a complete revision of the public elementary school system is imperative. Such a revision shall have the following objectives: (a) to simplify, shorten and render more practical and economical both the primary and intermediate courses of instruction so as to place the same within the reach of the largest possible number of school children; (b) to afford every child of school age adequate facilities to commence and complete at least the primary course of instruction; (c) to give every child completing the primary course an adequate working knowledge of reading and writing, the fundamentals of arithmetic, geography, Philippine history and government, and character and civic training; and (d) to insure that all children attending the elementary schools shall remain literate and become useful, upright and patriotic citizens.

SECTION 3. The Department of Public Instruction shall forth with make a revision of the elementary school curriculum so as to effectuate the objectives set forth in section two of this Act, and likewise so as to adjust the academic school year that the school vacations would coincide as much as possible with the working season in the Philippines. The revised elementary school curriculum once approved by the President of the Philippines shall be adopted in all the public schools as soon as practicable but not later than the commencement of the school year 1941-1942.

SECTION 4. With the approval of the President of the Philippines, the required age for admission to the public elementary schools may be raised to not more than nine years and the length of time required for the completion of the elementary instruction comprising both the primary and intermediate courses reduced to not less than five years. Any increase that may be approved in accordance with this section regarding the minimum age of school children shall not affect those already enrolled before the school year 1940-1941.

SECTION 5. No child shall be admitted into the public elementary schools except on condition that he shall remain in school until he shall have completed at least the primary course. Compulsory attendance as herein required may be waived in any one of the following: if the home of the child to the nearest school exceeds three kilometers and the said school is not conveniently accessible to the child, considering the means of transportation available; second, where such is mentally defective or is physically unable to enter said school, of which fact a certificate of a duly licensed physician should be sufficient evidence; third, where on account of the economic condition of his parents, the child cannot afford to continue in school; and fourth, when the child transfers to a private school.

The parents or guardians or those having control of children herein required to attend school without justification as prescribed in this section shall be liable to a fine of not less than twenty nor more than fifty pesos.

SECTION 6. To accommodate all children qualified to attend the elementary schools as herein provided, the Secretary of Public Instruction may, with the approval of the President, authorize the holdings of two or more complete single sessions a day, or adopt other measures calculated to take care of the largest number of school children. IESAac

SECTION 7. Commencing with the school year nineteen hundred forty to nineteen hundred forty-one, public elementary education (comprising the primary and intermediate courses) shall be supported by the National Government. Sites for school houses, for primary and for intermediate classes, shall be acquired by the municipalities, municipal districts, or chartered cities, as the case may be, through purchase or conditional or absolute donation: Provided, That the Department of Education may, with the approval of the President of the Philippines, waive any requirement for the acquisition of school sites of standard size whenever the same are not available.

The necessary funds shall be provided by the national government for the purchase of supplementary readers and other library books which had been previously approved by the Board on Text Books or by the Director of public schools, and for financing athletic activities in the intermediate classes: Provided, That books which are a contribution to Philippine literature shall be preferred. SDEHCc

SECTION 8. To enable the National Government to properly finance the public elementary schools and meet the burden of their operation as provided in this Act, from and after July first, nineteen hundred and forty, the disposition of the proceeds of the taxes under Commonwealth Act Numbered Four hundred and sixty-five, known as the Residence Tax Law, shall be as follows:

Of all the taxes collected and remitted to the Collector of Internal Revenue as provided in Section eight of Commonwealth Act Numbered Four hundred and sixty-five, fifty per centum shall be allotted in the following proportions by the said Collector among the provinces, chartered cities, municipalities, and municipal districts on the basis of population as shown by the latest official census;

One-half to the general funds of the provinces. A sub-province shall receive its proportionate share of the proceeds allotted to the province; and

The other half to the general funds of the chartered cities, municipalities, and municipal districts.

Out of the remaining fifty per centum of the proceeds of said taxes, municipalities and municipal districts shall continue to receive the corresponding share in the school fund of municipalities and municipal districts to which they were entitled under the provisions of law in force prior to July first, nineteen hundred and forty. The balance including the share of chartered cities in the school fund of cities to which they were entitled under the provisions of law in force prior to July first, nineteen hundred sixty-two shall accrue to the National Government. DaCEIc

SECTION 9. Effective July First, nineteen hundred and forty, the school fund in all the municipalities and municipal districts is disestablished and any amount therein remaining unexpended and unobligated on the date of the approval of this Act shall form part of the municipal school fund by operation of law and not specifically transferred to the National Government shall, after June thirtieth, nineteen hundred and forty, accrue to the municipal general fund.

No tuition fees for intermediate instruction by municipalities and municipal districts shall be collected. Any tuition fees collected during the school year 1940-1941 for the maintenance of the intermediate classes shall be returned to the respective contributors.

SECTION 10. Commonwealth Act Numbered Three hundred and eighty-one, section eight of Commonwealth Act Numbered Four hundred and sixty-five, and section three hundred and fifty-eight, three hundred and sixty, and three hundred and sixty-three of Commonwealth Act Numbered Four hundred and sixty-six and so much of section three hundred and sixty-six of the last mentioned Act, and of other Acts as are in conflict with the provisions of this Act, are repealed.

SECTION 11. This Act shall take effect upon its approval.

Approved: August 7, 1940.