16/11/2024
Some snippets from last Thursday's (14 November 2024) speaking engagement at Iglesia Evanglica Metodista En Las Islas Filipinas (IEMELIF) Schools Conference 2024 with the theme "Revitalizing Education: Effective Schools Management and Marketing Solutions" held at Tandang Sora IEMELIF Church.
The topic given to me for discussion was "Education Sector Compliances for Regulatory, Statutory, and Legal Requirements". This was an exceptionally meaningful task because, experience shows that, rarely do lawyers get involved in the preparatory stage of institutional compliances; more often than not, legal counsel come into picture only to rectify infractions, albeit inadvertently.
It is for this reason that the objectives include a clear understanding of the fundamental laws relating to educational institutions, gain a working knowledge about the legal framework on said institutions, and attain compliance with all the requirements pertaining to the education sector. Hence, no matter how wearisome for the laymen, the relevant laws and the salient provisions thereof were given emphasis and thorough discussion.
As regards statutory requirements (usually associated with the obtainment of a certain license/authority to operate in given field), inter alia: (i) 1987 Constitution and the Foreign Investment Negative List; (ii) Governance of Basic Education 2001 and its implementing rules and regulations pursuant to DepEd Order No. 1, s. 2003 dated 01/06/2003; (iv) 2010 Revised Manual of Regulations for Private Schools in Basic Education pursuant to D.O. No. 88, s. 2010 dated 06/24/2010; (v) Revised Corporation Code; (vi) Local Government Code of 1991; and (vii) Tax Code and relevant BIR issuances.
On the other hand, for regulatory requirements (usually associated with the maintenance/default of concession initially obtained), among others: (i) operational requirement following the 2010 Revised Manual of Regulations for Private Schools in Basic Education; (ii) incidental requirements such as amendment/update of SEC- and BIR-related documents; (iii) reportorial duties or obligations; and (iv) mandatory compliances in terms of labor (e.g., conditions of employment, due process in case of suspension or termination by the employer, and retirement) and social legislations (e.g., 105-Day Expanded Maternity Leave Law, Paternity Leave Act of 1996, Solo Parents' Welfare Act of 2000, Special Protection of Children Against Abuse, Exploitation and Discrimination Act, 13th Month Pay Law, Anti-Sexual Harassment Act of 1995, and No-Permit, No Exam Prohibition Act).
Truly, this was a pleasure! Thank you, IEMELIF Kagawaran ng Edukasyon Cristiana, Division of Schools.
To God be the glory!
๐ท BB Angela Bellen