Article 47p. 47

ADMINISTRATIVE CODE AND LAW OF PUBLIC OFFICERS TEXT AND RULES

convenience

of

the

pupils

and

the

special climatic

conditions prevailing during the said period.

4) The dates established for the long school vacation

shall not be changed oftener than once every five (5)

years without prior public hearing properly advertised in a

newspaper of general circulation or announced by the

school authorities concerned.

SECTION 25. School Holidays . — All schools, whether

public or private, shall not hold classes on public holidays,

whether

regular

or

special.

On

holidays

especially

proclaimed

by

the

President,

the

schools

in

the

municipality,

city

or

province

affected

by

the

proclamation shall not hold classes. The Secretary may, by

reason of public calamity or emergency, order the closure

of any school, public or private, as may have been affected

thereby for such period as necessity may demand.

SECTION 26. School Sessions . — The regular daily

sessions of all public and private schools shall be held

during the hours fixed by the Secretary or his duly

authorized representatives. Except in college, no class

sessions shall be held on Saturdays, Sundays, or holidays

unless to offset class sessions suspended by competent

authority.

SECTION

27.

School

Rituals . — (1) School rituals

prepared

and

prescribed

by

the

Secretary

shall be

observed

in

all

public

and

private

elementary

and

secondary schools in the Philippines.

2) The school rituals shall consist of solemn and

patriotic mass singing of the Philippine National Anthem

and the recitation of prescribed patriotic pledges.

3) The rituals shall be held in school premises as often

as

may

be

practicable

under

the

direction

of

the

respective school authorities.

SECTION 28. Flag Ceremony . — (1) All educational

institutions shall observe a simple and dignified flag

ceremony,

including

the

playing

or

singing

of

the

Philippine National Anthem.

2) The flag ceremony shall be conducted under the

rules and regulations issued by the Secretary.

3) Failure or refusal to observe the flag ceremony in

accordance with the rules and regulations issued by the

Secretary shall, after proper notice and hearing, subject

the educational institution concerned and its head to

public censure as an administrative punishment, which

shall be published at least once in a newspaper of general

circulation.

4) Failure to observe for the second time the said flag

ceremony shall, after notice and hearing, be a ground for

the cancellation of the recognition or the permit of the

private educational institution concerned.

5) Any teacher or student or pupil who refuses to join

or participate in the flag ceremony may be dismissed

after due investigation.

SECTION

29.

Local

School

Boards .

—

In

every

province, city or municipality, there shall be established a

Provincial School Board, City School Board and Municipal

School Board, respectively, whose composition, powers,

functions and duties shall be provided by law.

TITLE VII Labor and Employment

CHAPTER 1 General Provisions

SECTION 1. Declaration of Policy . — (1) The State shall

afford

full

protection

to

labor

and

promote

full

employment and equality of employment opportunities

for all.

It

shall

guarantee

the

rights

of

all

workers

to

self-organization, collective bargaining negotiations, and

peaceful concerted activities, including the right to strike

in accordance with law. They shall be entitled to security

of tenure, humane conditions of work, and a living wage.

They shall also participate in policy and decision-making

processes affecting their rights and benefits as may be

provided by law.

(2) The State shall promote the principle of shared

responsibility between workers and employers and the

preferential use of voluntary modes in settling disputes,

including conciliation, and shall enforce their mutual

compliance therewith to foster industrial peace.

(3) The State shall regulate the relations between

workers and employers, recognizing the right of labor to

its just share in the fruits of production and the right of

enterprises to reasonable returns on investments, and to

expansion and growth.

SECTION 2. Mandate . — The Department shall be the

primary policy-making, programming, coordinating and

administrative entity of the Executive Branch of the

government in the field of labor and employment. It shall

assume primary responsibility for:

(1)

The

promotion

of

gainful

employment

opportunities and the optimization of the development

and utilization of the country's manpower resources;

(2) The advancement of workers' welfare by providing

for just and humane working conditions and terms of

employment;

(3) The maintenance of industrial peace by promoting

harmonious, equitable, and stable employment relations

that

assure

equal

protection

for

the

rights

of

all

concerned parties.

SECTION

3.

Powers

and

Functions .

—

The

Department of Labor and Employment shall:

(1) Enforce social and labor legislation to protect the

working class and regulate the relations between the

worker and his employer;

(2) Formulate and recommend policies, plans and

programs

for

manpower

development,

training,

allocation, and utilization;

(3) Recommend legislation to enhance the material,

social and intellectual improvement of the nation's labor

force;

(4) Protect and promote the interest of every citizen

desiring to work locally or overseas by securing for him

the most equitable terms and conditions of employment,

and by providing social and welfare services;

(5) Regulate the employment of aliens, including the

enforcement of a registration or work permit system for

such aliens, as provided for by law;

(6) Formulate general guidelines concerning wage

and income policy;

(7)

Recommend

necessary

adjustments

in

wage

structures with a view to developing a wage system that

is

consistent

with

national

economic

and

social

development plans;

(8) Provide for safe, decent, humane and improved

working conditions and environment for all workers,

particularly women and young workers;

(9) Maintain a harmonious, equitable and stable labor

relations

system

that

is

supportive

of

the

national

economic policies and programs;

(10) Uphold the right of workers and employers to

organize and promote free collective bargaining as the

foundation of the labor relations system;

(11)

Provide

and

ensure

the

fair

and expeditious

settlement

and

disposition

of

labor

and

industrial

disputes

through

collective

bargaining,

grievance

machinery, conciliation, mediation, voluntary arbitration,

compulsory arbitration as may be provided by law, and

other modes that may be voluntarily agreed upon by the

parties concerned; and

(12) Perform such other functions as may be provided

by law.

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