DepEd Order No. 13, s. 2012: Is it Constitutional?

There’s a telling question/answer under the F.A.Q. section of the Department of Budget and Management website, to wit:

What basis law governs the use of government funds?

The following provision of the Philippines Constitution sets the basic rule for the use of government funds: “Art. VI, Sec. 29. No money shall be paid by the Treasury except in pursuance of an appropriation made by law.” The aforequoted provision of the Constitution also establishes the need for all government entities to undergo the budgeting process to secure funds for use in carrying out their mandated functions, programs and activities.

I really am not sure if DepEd Order No. 13, s. 2012 (below) violates the above-mentioned Constitutional provision by allocating “funds from the Fiscal Year (FY) 2012 Textbook Funds and subsequent years until FY 2015 for the provision of the centrally procured learning activity packages (LAPs), modules, and other instructional materials (OIMs) to support the initial implementation of the K to 12 Curriculum.

Since the K to 12 Basic Education Program does not as yet come under the category of “mandated functions, programs and activities”, it may be ineligible for funding even as the items in this case are textbook-related. However, as happens, DepEd believes otherwise, hence DepEd’s directive to fund learning activity packages (LAPs), modules, and other instructional materials (OIMs) to support the initial implementation of the K to 12 Curriculum with funds from the Fiscal Year (FY) Textbook Funds.

Republic of the Philippines
Department of Education

DepEd ORDER                                                                                              FEB 03 2012
No. 13, s. 2012

GUIDELINES ON THE ALLOCATION, DELIVERY, AND DISTRIBUTION
OF INSTRUCTIONAL MATERIALS (IMs) TO SUPPORT
THE K TO 12 CURRICULUM

To:            Bureau Directors
……………..Regional Director
……………..Schools Division/City Superintendents
……………..Heads, Public Elementary and Secondary Schools
……………..All Others Concerned

1.              The Department of Education (DepEd) has allocated funds from the Fiscal Year (FY) 2012 Textbook Funds and subsequent years until FY 2015 for the provision of the centrally procured learning activity packages (LAPs), modules, and other instructional materials (OIMs) to support the initial implementation of the K to 12 Curriculum. These materials will fill-in the gaps of the textbooks (TXs) and teacher’s manuals (TMs) currently being used in public elementary and secondary schools.

2.              The LAPs shall include kindergarten workbooks with worksheets, learning modules for pupils, teaching guides, and manipulative materials across all subject areas.

3.              The materials shall be developed by a team of writers from both public and private sectors who are subject area specialists, commissioned by the DepEd.

4.              In addition to these materials, modules and reading materials written in the mother tongue (MT) will also be provided to support the Mother tongue-Based Multilingual Education (MTB-MLE) pursuant to DepEd Order no. 74, s. 2009.

5.              All other teacher-support materials developed by the bureaus, DepEd field offices, and developed by foreign-assisted projects (FAPs) implemented by the Department such as the following will be provided:

a.  Modified In-School, Off-School Approach (MISOSA) Modules (for teachers and pupils;
b.  Multi-Grade Teaching Learning Packages;
c.   Madrasah materials (for teachers and pupils);
d.  Dropout Reduction Program (DORP) materials (for teachers and pupils);
e.  All Tech-Voc materials; and
f.   Open High School Program (OHSP) materials.

6.              The allocation of the learning packages/materials shall be based on the enrollment data reported in the Basic Education Information System (BEIS). However, the goal of the DepEd is to provide all teachers and pupils with a complete set of the learning materials subject to the availability of funds. A copy of the allocation list of the packages and materials will be provided to the recipient regions, divisions, districts, and high schools as soon as they are available.

7.              The materials for the elementary schools shall be delivered to the school districts, while materials for high schools shall be delivered directly to the high schools. The school districts must distribute the materials not later than one (1) month after receipt of the delivery.

8.              The division offices (DOs) shall submit a distribution report not later than two (2) months upon completion of distribution to the recipients or not later than three (3) months after receipt of the learning packages/materials addressed to:

Ms. Socorro A. Pilor
Executive Director
Instructional Materials Council Secretariat (IMCS)
5/F Mabini Bldg., DepEd Complex, Meralco Avenue, Pasig City
Telefax Nos.: (02) 634-0901; (02) 631-3690
E-mail addresses: imps@deped.gov.ph; depedimcs@gmail.com

9.              The DOs which do not comply with these guidelines shall not be included in the future allocations.

10.             Immediate dissemination of and strict compliance with this Order is directed.

(SGD.) BR. ARMIN A LUISTRO FSC
………………………Secretary

Please click here for the complete copy of DepEd Order No. 13, s. 2012. 

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