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Current Legal Issues Assignment

The Commission on Audit found issues with the Department of Education's procurement and distribution of textbooks from 2014-2017. Specifically, COA reported that DepEd spent P254 million on contracts to produce erroneous textbooks. Additionally, P113 million worth of textbooks procured as buffer stock remained undistributed in warehouses. COA criticized DepEd for circumventing the law requiring private publishers to develop textbooks instead of DepEd developing them internally. The COA report identified issues with DepEd's textbook procurement and distribution processes.

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0% found this document useful (0 votes)
85 views24 pages

Current Legal Issues Assignment

The Commission on Audit found issues with the Department of Education's procurement and distribution of textbooks from 2014-2017. Specifically, COA reported that DepEd spent P254 million on contracts to produce erroneous textbooks. Additionally, P113 million worth of textbooks procured as buffer stock remained undistributed in warehouses. COA criticized DepEd for circumventing the law requiring private publishers to develop textbooks instead of DepEd developing them internally. The COA report identified issues with DepEd's textbook procurement and distribution processes.

Uploaded by

Emily Grones
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd
You are on page 1/ 24

Name: EMILY G.

GRONES

Subject: Seminar in Legal Issues and Problems in Education

Topic: COA calls out DepEd's questionable contracts, P254M erroneous

textbooks

The Commission on Audit (COA) also notes that P113 million worth of buffer

stock textbooks remain undistributed.

The Department of Education (DepEd) spent P254 million for contracts to

produce textbooks which were found to be erroneous, as auditors also called out that

the contracts to develop the textbooks within the agency were wrong in the first

place. "The contract cost of these questioned learning materials amounted to

₱254,352,302.83," said the Commission on Audit (COA) in its 2018 audit report of

the DepEd. State Auditors cited news reports that examined the errors of Araling

Panlipunan, English and Science textbooks, which it validated through their own

examination and interviews of teachers.

Teachers told auditors that the textbooks were "not in line with the curriculum

guide," and that they have had to "resort to using supplemental resources such as

books in private schools and internet."

Auditors also pointed out that the contracts were wrong in the first place,

because the DepEd developed the textbooks when Republic Act No. 8047 or the

Book Publishing Industry Development Act says private publishers should develop

the textbooks and not DepEd.

Auditors cited Section 11 of the law which stipulated participation of private

publishers in the public-school textbook program. It said: "Publishers shall develop


and submit to the DECS those syllabi and/or prototypes and manuscripts or books

intended for use in the public schools for testing, evaluation, selection and approval."

However, what the DepEd did was to engage writers whose works were checked by

the agency's Bureau of Curriculum Development (BCD) and Bureau of Learning

Delivery (BLD).

"Clearly, this is a circumvention of Sections 10 and 11 of RA No. 8047 which

prevented the Department from publishing and distributing its own textbook, instead

of allowing the private publishers to produce and supply the textbook requirements of

every public school in the country," said COA.

Auditors also added that the errors in the textbooks indicated that DepEd's

own process was not diligent and meticulous.

Undistributed materials

The COA also found that P113.708 million worth of buffer stock of textbooks

remain undistributed to recipient schools.

Calling it "alarming," auditors said 3.4 million copies of texbooks intended for

public schools nationwide remain unutilized and idle in warehouses in Taguig.

The books were procured as buffer stock for school years 2014 to 2017. They are

meant to supply newly created schools, or replace lost books.

Based on COA's count, only 15.77% of the buffer stock was pulled out and

provided to schools in typhoon-stricken areas.

Auditors categorized the procurement as falling under irregular, unnecessary,

excessive, extravagant and unconscionable expenditure.


This has been a persistent problem within DepEd as auditors continue to call

out even the state of warehouses that could damage textbooks without them being

used.

"The Management assured that they will revisit the existing DepEd guidelines

on the procurement of instructional materials and will evaluate the controls on buffer

stocks. Regarding the large number of learning materials procured, they already

allocated the materials and there is already an approved Activity Request (AR) and

is in the process of releasing the materials," was DepEd's response according to the

audit report. 
Name: EMILY G. GRONES

Subject: Seminar in Legal Issues and Problems in Education

Topic: Additional List: 27 Local Universities, Colleges now covered by free

tuition law.

(UPDATED) The Commission on Higher Education says a total of 214 public

higher education institutions are now covered by the Universal Access to Quality

Tertiary Education Act.

More students will no longer have to pay for their tuition and fees after the

Commission on Higher Education (CHED) approved the addition of 27 local

universities and colleges to the list of institutions that provide free higher education in

the Philippines.

CHED Chairperson Prospero de Vera III made the announcement in a

resolution issued Thursday, July 25.

According to CHED, a total of 214 public higher education institutions – 103

LUCs, 111 state universities and colleges – are now covered by Republic Act No.

10931 or the free tuition law for academic year 2019-2020. (8 things you need to

know about the free tuition law)

The following have been included in CHED's list of approved institutions that

are covered by the Universal Access to Quality Tertiary Education Act:

NCR

 Dr. Filemon C. Aguilar Memorial College of Las Piñas

 Navotas Polytechnic College


 City of Malabon University

 Pamantasan ng Lungsod ng Pasig

 Valenzuela City Polytechnic College

 Pateros Technological College

 Taguig City University

Region III - Central Luzon

 Gordon College

Region IVA - Calabarzon

 One Cainta College

Region V - Bicol region

 Tiwi Community College

Region VI - Western Visayas

 Bacolod City College

Region VII - Central Visayas

 Mandaue City College

 Cordova Public College

 Talisay City College

 Madridejos Community College

 Consolacion Community College

 Lapu-Lapu City College

 Talibon Polytechnic College

Region VIII - Eastern Visayas

 Burauen Community College

 Abuyog Community College


 Colegio De Las Navas

Region X - Northern Mindanao

 Community College of Gingoog City

 El Salvador City College

 Salay College of Arts and Sciences

 Tubod College

 Don Carlos Polytechnic College

Region XI - Davao region

 Sto. Tomas College of Agriculture Sciences and Technology

"The Commission is committed to fully implement RA 10931 to increase access

to higher education so that more Filipino students, particularly those coming from the

poor families, can go to college with government support," De Vera said.

The 78 LUCs now covered by the Universal Access to Quality Tertiary

Education Act of 2017 are as follows:

National Capital Region

 Pamantasan ng Lungsod ng Maynila

 Pamantasan ng Lungsod ng Muntinlupa

Region I – Ilocos

 Ilocos Sur Community College


 University of Eastern Pangasinan

 Binalatongan Community College

 Urdaneta City University

Region III – Central Luzon

 Mabalacat College

 Baliuag Polytechnic College

 Bulacan Polytechnic College

 City College of Angeles

 City College of San Fernando, Pampanga

 Eduardo L. Joson memorial College

 Guagua Community College

 Kolehiyo ng Guiguinto

 Kolehiyo ng Subic

 Limay Polytechnic College

 Norzagaray College

 Pambayang Dalubhasaan ng Marilao

 Polytechnic College of Botolan


 Polytechnic College of the City of Meycauayan

Region IV-A – Calabarzon

 Balian Community College

 City College of Calamba

 Colegio de Montalban

 Colegio ng Lungsod ng Batangas

 Dalubhasaan ng Lungsod ng Lucena

 Kolehiyo ng Lungsod ng Lipa

 Laguna University

 Pambayang Kolehiyo ng Mauban

 San Mateo Municipal College

 Trece Martires City College

 Antipolo Institute of Technology

 Tanauan City College

 Pamantasan ng Cabuyao

 Dalubhasaan ng Lungsod ng San Pablo

 City College of Tagaytay


Region IV-B – Mimaropa

 Baco Community College

 City College of Calapan

Region V – Bicol

 Community College of Manito

 Ligao Community College

 Baao Community College

 Calabanga Community College

 Caramoan Community College

 City College of Naga

 Daraga Community College

 Libon Community College

 Oas Community College

 Polangui Community College

 Rapu-Rapu Community College

 San Jose Community College

 Sorsogon Community College


 Donsol Community College

 San Pascual Polytechnic College

 Aroroy Municipal College

 Governor Mariano E. Villafuerte Community Colleges

Region VI – Western Visayas

 Iloilo City Community College

 Passi City College

 Libacao College of Science and Technology

 Bago City College

Region VII – Central Visayas

 Buenavista Community college

 Carcar City College

 Sibonga Community College

 Trinidad Municipal College

Region VIII – Eastern Visayas

 Maasin City College

Region IX – Zamboanga Peninsula


 Zamboanga del Sur Provincial Government College

Region X – Northern Mindanao

 Pangantucan Bukidnon Community College

 Magsaysay College

 Initao College

 Gov. Alfonso D. Tan College

 Northern Bukidnon Community College

 Opol Community College

 Tagoloan Community College

Region XI – Davao Region

 Kapalong College of Agriculture, Sciences and Technology

 Governor Generoso College of Arts, Sciences and Technology

 Monkayo College of Arts, Sciences and Technology

 Kolehiyo ng Pantukan

Region XII – Soccsksargen

 Glan Institute of Technology

 Makilala Insitute of Science and Technology


Caraga

 Hinatuan Southern College

The lists in the 2018 National Expenditure Program and the joint guidelines of the

Commission on Higher Education and the Department of Budget and Management

on the grant of free tuition appear to have 114 SUCs, however, because they specify

two campuses of the Mindanao State University. These are the MSU-Iligan Institute

of Technology and the MSU-Tawi-Tawi College of Technology and Oceanography.

Below is the list of the state colleges and universities per region:

NATIONAL CAPITAL REGION (NCR)

 Eulogio "Amang" Rodriguez Institute of Science and Technology

 Marikina Polytechnic College

 Philippine Normal University

 Philippine State College of Aeronautics

 Polytechnic University of the Philippines

 Rizal Technological University

 Technological University of the Philippines

 University of the Philippines System

Region I - ILOCOS

 Don Mariano Marcos Memorial State University


 Ilocos Sur Polytechnic State College

 Mariano Marcos State University

 North Luzon Philippines State College

 Pangasinan State University

 University of Northern Philippines

CORDILLERA ADMINISTRATIVE REGION (CAR)

 Abra State Institute of Science and Technology

 Apayao State College

 Benguet State University

 Ifugao State University

 Kalinga State University

 Mountain Province State University (formerly the Mountain Province State

Polytechnic College)

Region II - CAGAYAN VALLEY

 Batanes State College

 Cagayan State University

 Isabela State University

 Nueva Vizcaya State University

 Quirino State University

Region III - CENTRAL LUZON

 Aurora State College of Technology


 Bataan Peninsula State University

 Bulacan Agricultural State College

 Bulacan State University

 Central Luzon State University

 Don Honorio Ventura Technological State University

 Nueva Ecija University of Science and Technology

 Pampanga State Agricultural University

 Philippine Merchant Marine Academy

 Ramon Magsaysay Technological University

 Tarlac College of Agriculture (now the Tarlac Agricultural University)

 Tarlac State University

Region IV-A - CALABARZON

 Batangas State University

 Cavite State University

 Laguna State Polytechnic University (Laguna State Polytechnic College)

 Southern Luzon State University

 University of Rizal System

Region IV-B - MIMAROPA

 Marinduque State College

 Mindoro State College of Agriculture and Technology

 Occidental Mindoro State College

 Palawan State University


 Romblon State University

 Western Philippines University

Region V - BICOL

 Bicol University

 Bicol State College of Applied Sciences and Technology

 Camarines Norte State College

 Camarines Sur Polytechnic Colleges

 Catanduanes State University

 Central Bicol State University of Agriculture

 Dr. Emilio B. Espinosa, Sr. Memorial State College of Agriculture and

Technology

 Partido State University

 Sorsogon State College

Region VI - WESTERN VISAYAS

 Aklan State University

 Capiz State University

 Carlos C. Hilado Memorial State College

 Guimaras State College

 Iloilo State College of Fisheries

 Central Philippines State University

 Northern Iloilo Polytechnic State College

 Northern Negros State College of Science and Technology


 University of Antique

 Iloilo Science and Technology University

 West Visayas State University

Region VII - CENTRAL VISAYAS

 Bohol Island State University

 Cebu Normal University

 Cebu Technological University

 Negros Oriental State University

 Siquijor State College

Region VIII - EASTERN VISAYAS

 Eastern Samar State University

 Eastern Visayas State University

 Leyte Normal University

 Naval State University

 Northwest Samar State University

 Palompom Polytechnic State University (formerly the Palompon Institute of

Technology)

 Samar State University

 Southern Leyte State University

 University of Eastern Philippines

 Visayas State University


Region IX - ZAMBOANGA PENINSULA

 J.H. Cerilles State College

 Jose Rizal Memorial State University

 Western Mindanao State University

 Zamboanga City State Polytechnic College

 Zamboanga State College of Marine Sciences and Technology

Region X - NORTHERN MINDANAO

 Bukidnon State University

 Camiguin Polytechnic State College

 Central Mindanao University

 University of Science and Technology of Southern Philippines – Cagayan De

Oro Campus

 MSU - Iligan Institute of Technology

 University of Science and Technology of Southern Philippines – Claveria

Campus

 Northwestern Mindanao State College of Science and Technology

Region XI - DAVAO REGION

 Compostela Valley State College

 Davao Del Norte State College

 Davao Oriental State College of Science and Technology


 Southern Philippines Agri-Business and Marine and Aquatic School of

Technology

 University of Southeastern Philippines

Region XII - SOCCSKSARGEN

 Cotabato State University (formerly the Cotabato City State Polytechnic

College)

 Cotabato Foundation College of Science and Technology

 Sultan Kudarat State University

 University of Southern Mindanao

AUTONOMOUS REGION IN MUSLIM MINDANAO (ARMM)

 Adiong Memorial Polytechnic State College

 Basilan State College

 Mindanao State University

 MSU-Tawi-Tawi College of Technology and Oceanography

 Sulu State College

 Tawi-Tawi Regional Agricultural College

Region XIII - CARAGA ADMINISTRATIVE REGION

 Agusan del Sur State College of Agriculture and Technology

 Caraga State University (Northern Mindanao State Institute of Science and

Technology)

 Surigao del Sur State University


 Surigao State College of Technology

Duterte signs law for free tuition in state colleges

President Rodrigo Duterte approves the measure despite opposition to it

previously expressed by his economic managers

President Rodrigo Duterte signed into law the Universal Access to Quality

Tertiary Education Act, a law providing free tuition for students of 112 state

universities and colleges (SUCs).

"I am pleased to announce that last night, August 3, 2017, the President

signed into law the enrolled bill," said Senior Deputy Executive Secretary Menardo

Guevarra on Friday, August 4, during a press conference.

Duterte signed the bill around 9 pm on Thursday, following a meeting between

lawmakers and economic managers in Malacañang.

Despite opposition from his economic advisers, the President was convinced

that the benefits of the bill outweigh its hefty cost, said Guevarra.

"Free tertiary education in state universities and colleges is a pillar or

cornerstone of the President's social development policy so he weighed everything

and came to the conclusion that the long-term benefits that will be derived from a

well-developed tertiary education will definitely outweigh any possible short-term

budgetary challenges," said Guevarra.

"So as we say, 'If there's a will, there's a way,'" he added.

Duterte's approval was unexpected given how his economic managers have

openly opposed the bill, saying the government does not have enough funds to

sustain it.
Guevarra said it is now up to Congress to decide how best to fund the bill.

There would likely be a need to reallocate budgets from other programs. Funding

could also be sourced from official development assistance. (Higher budget, free

tuition in state colleges: Easier said than done)

"Official development assistance is one possible source and we're also hoping

that donations both from the local and international sectors will come in to help tide

us over especially for the first few years," said Guevarra.

Budget Secretary Benjamin Diokno had claimed that the policy would require

funding of P100 billion, which the government cannot afford at the moment. While

education continues to receive the biggest chunk in the national budget, an

ambitious infrastructure program is also among the Duterte administration's major

priorities. (Education, infra to get bulk of proposed 2018 nat'l budget)

However, some lawmakers argued that figures shown by the economic

managers were misleading and that only around P14 billion would be needed to fund

the law.

Guevarra said the Commission on Higher Education (CHED) pegged the cost

of mandatory provisions of the law at P16 billion.

"The P100-billion estimate of the DBM (Department of Budget and

Management) seems to be on the very high side because that is on the basis, on the

assumption that all aspects of the free tuition bill will be implemented all at the same

time," said Guevarra.

Budget Secretary Diokno, Finance Secretary Carlos Dominguez III, and

Socioeconomic Planning Secretary Ernesto Pernia earlier said the law, if passed,

would benefit mostly middle-class to high-income students who make up the majority

of college students.
Such a policy could kickstart an exodus of students from private colleges and

universities to state-run ones, which could ultimately affect the overall quality of

tertiary education.

Duterte's economic managers had preferred to provide more funding for the

Unified Student Financial Assistance System for Tertiary Education (UniFAST) which

strengthens, expands, and harmonizes existing financial assistance programs for

students.

Malacañang said Duterte also considered his administration's other big

expenses when deciding whether or not to approve the free tuition bill.

He had to weigh the cost of the bill with the cost of the rehabilitation of Marawi City

and programs for overseas Filipino workers (OFWs), said Presidential

Communications Assistant Secretary Marie Banaag

8 things you need to know about the free tuition law

The law will cover the tuition and fees of students enrolled in 112 SUCs, 78

LUCs, and all duly registered technical-vocation education and training programs

starting this school year

Filipino students will begin benefitting from the free tuition law starting school

year 2018 to 2019.

Commission on Higher Education (CHED) officer-in-charge Prospero de Vera

III said P40 billion has been allotted for the first year of implementation of  Republic

Act No. 10931 or the Universal Access to Quality Tertiary Education Act.

The law covers the tuition and fees of students enrolled in 112 state

universities and colleges (SUCs), 78 local universities and colleges (LUCs), and all

technical-vocation education and training (TVET) programs registered under the

Technical Education and Skills Development Authority (TESDA).


The IRR was formally launched on Monday, March 26.

What are the salient points of the IRR? Who can benefit from the free tuition law and

who are disqualified from it?

Read the list below:

1. Free tuition for all required classes during the semester. These classes must

be part of the curriculum and are essential in obtaining a degree. Approved

petitioned classes are covered, too, but review or enhancement classes are not

covered.

The free tuition law also covers the fees of Filipino learners enrolled in any TESDA-

registered TVET program.

2. Free miscellaneous and other school fees. The law covers payment for fees for

the use of libraries, computers and laboratories, school identification card, athletics,

admissions, development, guidance services, handbook, entrance, registration,

medical and dental services, and cultural activities.

Should you wish to have another copy of your school identification card, library

identification card, and student handbook, you will have to pay extra.

3. Affirmative action programs for minorities. The law requires SUCs, LUCs, and

TVET program providers to craft programs to make it easier for disadvantaged

students to avail of the free tuition law. They may include students who are Lumad,

Muslims, indigenous peoples, persons with disabilities, and students from public high

schools and depressed areas.

4. Opt-out mechanism. Students with the financial capacity can volunteer to opt out

of the free higher education provision. SUCs, LUCs, and TVET providers are

therefore required to create a system that would enable students to do so.


Students must decide to opt out of the subsidy during the enrollment period of each

semester. They will be required to submit a waiver duly notarized by the institution.

The decision is considered final and irrevocable for that particular semester.

Students are allowed to change their decision in the next semesters.

5. Student voluntary contribution mechanism.The law also allows financially-able

students to avail of the free higher education provision but also contribute a specific

amount to the higher education institution (HEI). SUCs, LUCs, and TVET providers

are required to create a proper system so students can make voluntary contributions

for their education.

6. Tertiary Education Subsidy (TES). Students and learners may apply to get

subsidies to help pay for tuition and fees in private institutions.

Under TES, they may also apply for subsidies to get allowances for books, supplies,

transportation, room and board costs, and other expenses. A student with disability

will also be given a separate set of allowance. Students whose programs require a

professional license or certification will also be given money to fund their application

for the first time.

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Students and learners, however, must first qualify under the existing admission and

retention requirements or other screening and assessment procedures required by

the program.

7. Student Loan Program for Tertiary Education.The free tuition law IRR also

allows enrolled students to avail of an education loan. The UniFAST Board shall

implement the loan program through partner banks or similar institutions.

8. Are there students disqualified from the free tuition law’s benefits?

Yes. You cannot avail of the free tuition and fees in SUCs and LUCs if:
 You already have a bachelor’s degree or a comparable undergraduate degree

from any public or private HEI.

 You failed to comply with the admission or retention policies of the SUC or

LUC, leading to your disqualification to enroll.

 You failed to complete your degree within a year after the period prescribed

for your program.

 You voluntarily opted out of the free higher education provision.

You also cannot avail of the free higher education provision in TVET programs if:

 You already have a bachelor’s degree.

 You already hold a certificate or diploma for a technical-vocational course

equivalent to National Certificate Level III or higher.

 You failed in any public TVET course since the free tuition law’s effectivity.

 You are enrolled in a TVET program not registered under TESDA.

 You opted out of the free TVET provision.

Students and learners who are not eligible to avail of the benefits of the free tuition

law shall pay for the necessary fees as determined by the SUCs, LUCs, and TVET

program providers. 

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