WHEREAS, by Constitutional mandate, the Government is committed to the establishment and maintenance of a complete and adequate system of public education;

WHEREAS, the Philippine Government has established an educational system consisting of the elementary, secondary, and collegiate courses pursuant to the Constitution;

WHEREAS, of the three levels, the secondary is and has always been the bottleneck and the weakest link of the school system, considering that only one out of five high school youth is in school;

WHEREAS, of the three levels of instruction, the support of the high school has been entrusted to local government and/or to the people;

WHEREAS, the average attainment of our people is the fifth grade, which is less than the requirements of literacy;

WHEREAS, the fluctuating and varying capacity of the local governments to finance the operation of the public high schools has resulted in the weakening of this important link between the local and upper rungs of the school system;

WHEREAS, the unstable source of funds for the public high schools cannot cope with the increasing demands for high education;

WHEREAS, the minimum requirements for employment in the lowest available job is graduation from high school;

WHEREAS, there are about five million Filipino youths of high school age who should be given every opportunity to continue their studies and thereby raise the average national educational level beyond Grade VI;

WHEREAS, the two major causes of school drop-outs as revealed by official surveys are financial reason and distance of students from schools;

WHEREAS, the establishment of a high school close to the homes of students will solve, at least partly, the problem of distance and consequently, the problem of economy;

WHEREAS, a few barrio high schools have been established on experimental basis, and in the light of their successful beginning over one thousand of them have followed suit in the different parts of the country; and

WHEREAS, there is a direct relation between the level of education of the people and the level of their socio-economic status; Now, therefore,

Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembled:

SECTION 1. Declaration of Policy.— It is hereby declared to be the policy of this Act to make possible equal opportunities for high school education for all the children of all the people of the Philippines regardless of the place of birth or of the economic condition of their parents, thus enabling all the people to achieve high school education.

SEC. 2. Title of the Act.— This Act shall be known and referred to as the "Barrio High School Charter."

SEC. 3. Definition.— The term "Barrio High School" shall apply to high schools established in the barrios of the Philippines except those opened and maintained by the Bureau of Public Schools, the Bureau of Vocational Education, the private high schools under the Bureau of Private Schools and laboratory high schools of State Universities and Colleges, offering the standard secondary course prescribed by the Department of Education in cities and municipalities and are organized, maintained and supervised in accordance with the provisions of this Act.

SEC. 4. Requirement for Organization.— Pursuant to the policy of this Act, barrio high schools may be organized in the barrio at the instance of the barrio council whenever at least forty students in the barrio are available to constitute a class.

SEC. 5. Initiative of the Council.— It shall be the duty of the Barrio Council to initiate the organization of the barrio high school whenever at least forty students eligible for high school whose parents have signed a petition in writing for the establishment of a barrio high school are available. Said petition shall be submitted by the Council together with its resolution of approval to the Superintendent of schools, and the latter shall recommend the opening of the barrio high school when the same is urgent and will serve public interest in the barrio concerned. Two or more barrios may establish a barrio high school and the expenses for the establishment, operation and maintenance thereof shall be borne proportionately by the barrios concerned.

SEC. 6. Administration and Supervision.— The Secretary of Education through the Director of Public Schools shall have the power to authorize the opening of barrio high schools and the closing of any which he may find operating in violation of any provision of this Act or any rule or regulation promulgated by authority of this Act: Provided. That the Superintendent of Schools shall have the power of administration and supervision over all barrio high schools within the jurisdiction of his division. He shall place the direct administration and supervision of each barrio high school with the principal of the complete public high school nearest to the particular barrio high school: Provided, however, That the barrio councils shall assume responsibility for the administration of funds for the operation of barrio high schools in their respective jurisdiction, including the safekeeping as trust funds of all incomes derived from school and other sources and of the proper disbursement thereof pursuant to a budget duly approved by them in accordance with rules as prescribed therefor, subject to the usual accounting and auditing regulations.

All funds for the establishment, operation and maintenance of barrio high schools shall be deposited with the municipal treasurer by the barrio treasurer, who shall be bonded in an amount to be fixed by the barrio council: Provided, That in the case of a barrio high school established and operated by two or more barrios, the manner of deposit and disbursement of the funds therefor shall be fixed and determined by the Auditor General or his duly authorized representatives.

SEC. 7. The barrios shall be answerable for all claims arising from the operation of the barrio high schools in their respective jurisdiction: Provided, That in the case of a barrio high school established and operated by two or more barrios, the liability shall be joint and several.

SEC. 8. Financing.— The barrio high school shall be supported primarily by the tuition fees paid by students which amount shall not be higher than what is paid in the provincial high school and secondarily from the following sources, among others:

(a) Aside from any amount which the Barrio Council may appropriate out of the ten per centum of real estate tax accruing to the Barrio General Fund under Section twenty-three of Republic Act Numbered Three thousand five hundred ninety an amount equivalent to five per cent (5 %) of the said real estate tax collected within the barrio to be deducted in equal amount from the share of the province and of the municipality shall be allotted to the corresponding barrio should such barrio have a barrio high school or should it decide to establish one. The said amount shall be appropriated by the Barrio Council exclusively for the improvement of instruction in its barrio high schools, such as the purchase of high schools textbooks. For this purpose, Commonwealth Act Numbered Three thousand five hundred seventy and Republic Act Numbered Three thousand five hundred ninety are hereby amended accordingly;

(b) The five million pesos or so much thereof appropriated by Republic Act Numbered Five thousand four hundred forty-seven as aid to barrio high schools is hereby constituted as a special trust fund to be administered by the Secretary of Education, the proceeds of which shall be used exclusively as national contribution to barrio high schools. For this purpose, Republic Act Numbered Five thousand four hundred forty-seven is hereby amended accordingly.

SEC. 9. Teachers and Staff.— In appointing teachers, the Superintendent of Schools shall see to it that teachers for barrio high schools shall have the same qualifications required of teachers in any provincial, city or municipal high school and that there shall be at least one full-time qualified teacher in the staff: Provided, That qualified teachers of the barrio elementary school that houses the barrio high school and other qualified teachers, with the approval of the superintendent, may be allowed to handle classes on part-time basis.

SEC. 10. Compensation.— The salaries of full time classroom teachers of the barrio high schools shall be at least equal to the rate of salary of teachers of the same rank and category in regular public high schools: Provided, That honoraria for part-time teachers shall be determined by rules and regulations which the Secretary of Education shall promulgate: And Provided, further, That such teachers shall not be assigned to more than two periods per day of classroom work: Provided, finally, That the Secretary of Education is hereby authorized to adopt a reasonable schedule of honoraria for personnel of the Bureau of Public Schools who are assigned additional duties relative to the operation of barrio high schools, any law to the contrary notwithstanding.

SEC. 11. Curriculum.— The barrio high school shall adopt an integrated curriculum or curricula, consisting of academic and vocational subjects, the proportion thereof shall depend upon the needs and conditions of the community where the barrio high school is located: Provided, That the vocational course in each curriculum year shall be terminal.

SEC. 12. Miscellaneous Provisions.— No barrio high school, except those existing at the time of the approval of this Act, may be authorized to open in the poblacion nor within three kilometers radius of any existing high school: Provided, That the Secretary of Education may determine by regulation the exceptions to the foregoing when public interest so requires.

Whenever necessary, the Superintendent of Schools shall authorize the use by the barrio high school of hand tools, materials, and supplies for practical arts and vocational courses existing in the elementary school where the barrio high school holds classes.

SEC. 13. Use of Existing Facilities.— The Bureau of Public Schools and the Bureau of Vocational Education are hereby authorized and directed to allow the use of their existing facilities by the barrio high schools whenever the same are not in use by their respective schools.

SEC. 14. All ordinances approved by barrio councils relating to the establishment and operation of the barrio high school shall be subject to review by the respective city or municipal council to determine whether such ordinances are not inconsistent with law or municipal ordinance. If the city or municipal council does not take action on the ordinance within fifteen days, non-working days excepted, it shall be deemed as approved. Any disagreement on the action taken by the city or municipal council shall be referred to the provincial or city fiscal, as the case may be, for final action pursuant to Section Twenty of the Revised Barrio Charter.

SEC. 15. Rules and Regulations.— In order to fully implement the policy of this Act, the Secretary of Education is hereby directed and authorized to promulgate all needful rules and regulations including but not limited to costs of tuition and other fees, which must be reasonable and uniform; the sharing of school facilities and personnel; the problem of accreditation and student transfers; causes for closure of barrio high schools: Provided, That no barrio high school shall be closed without giving notice to the barrio Council concerned nor without giving said Barrio Council a reasonable time within which to fulfill all requirements of law or regulation; and others.

SEC. 16. Repealing Clause.— All laws or regulations in conflict or inconsistent with this Act are hereby repealed and/or amended accordingly.

SEC. 17. Extent of Applicability— This Act shall cover all barrio high schools: Provided, That barrio high schools existing at the time of the approval of this Act shall be given a reasonable time within which they shall comply with the requirements of this Act.

SEC. 18. Separability Clause.— If any part, section, or provision of this Act shall be held invalid or unconstitutional, no other part, section or provision hereof shall be affected thereby.

SEC. 19. Effectivity.— aThis Act shall take effect upon its approval.

Approved, August 4, 1969.