Proportional School Construction Act (Proposed)

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In 1970s Indonesia, the government implemented a massive school construction program that transformed educational access nationwide. From 1973 to 1975, the number of schools built in each district was directly based on how many children were not enrolled in school the year before. By targeting actual educational need, Indonesia ensured a fair, data-driven approach to infrastructure development - resulting in over 61,800 new primary schools and thousands of new teaching positions by 1979. This strategic alignment between need and resource allocation is a proven model of inclusive and equitable education reform.

In the Philippines today, millions of out-of-school youth and adults remain excluded from formal education due to the lack of accessible facilities in underserved areas. While government programs exist to promote re-enrollment and alternative learning, these efforts often fail to address the structural shortage of classrooms, particularly in rapidly growing and impoverished communities. A long-term solution must involve expanding educational infrastructure in direct proportion to the current number of unenrolled citizens.

This proposed law mandates the annual construction of new primary and secondary school facilities based on updated national and local data on out-of-school youth and adults. The Department of Education, in coordination with the Philippine Statistics Authority and LGUs, shall publish yearly data on school accessibility gaps. For every identified deficit in access - defined by distance, class overcrowding, or unavailable grade levels - equivalent school infrastructure must be planned, budgeted, and constructed within two years.

By institutionalizing a proportionate, data-driven method for school construction, this law ensures that education is not just a constitutional right in principle, but a guaranteed public service in practice. It redefines infrastructure not as a political favor but as a measurable response to national need—laying the foundation for a generation that is educated, empowered, and ready to shape the nation’s future.

This proposal is submitted with the hope that it will be enacted for the benefit of the people.

REPUBLIC ACT NO. XXXX

AN ACT MANDATING THE PROPORTIONATE CONSTRUCTION OF PRIMARY AND SECONDARY SCHOOLS BASED ON THE ACTUAL NUMBER OF OUT-OF-SCHOOL YOUTH AND ADULTS, AND FOR OTHER PURPOSES

Section 1. Short Title.

This Act shall be known as the "Proportionate School Construction Act."

Section 2. Declaration of Policy.

It is hereby declared the policy of the State to ensure inclusive and equitable access to education for all Filipinos by addressing location barriers such as the lack of nearby schools. The State recognizes that the number of out-of-school youth and adults is directly linked to the availability and accessibility of learning institutions. This Act aims to institutionalize a proportionate, data-driven school construction system based on actual educational need.

Section 3. Definition of Terms.

For the purpose of this Act, the following terms shall mean:

  1. Out-of-School Youth (OSY) - Individuals aged 6 to 24 not currently enrolled in primary, secondary, or tertiary education.
  2. Out-of-School Adults (OSA) - Individuals aged 25 and above who have not completed primary or secondary education and are not currently enrolled.
  3. Proportionate Construction - The construction of schools based on the statistical need for educational access within a defined geographic area.
  4. Education Access Gap - The documented lack of school infrastructure in relation to the number of unenrolled individuals within a city or municipality.
Section 4. Coverage.

This Act shall apply to all barangays, municipalities, and cities in the Philippines where a significant number of out-of-school youth or adults exist, as determined by the Philippine Statistics Authority (PSA) and the Department of Education (DepEd), in consultation with Local Government Units (LGUs).

Section 5. Proportionate School Construction Mandate.

The Department of Education (DepEd), in coordination with the Department of Public Works and Highways (DPWH), shall ensure the construction of primary and secondary school buildings in cities, municipalities, or barangays where there are at least 300 out-of-school youth or adults within a city or municipality. The number of schools constructed annually shall be directly proportionate to the validated number of affected individuals in each locality.

To maximize limited land, each school shall be constructed with at least a six-storey building to accommodate Grades 1 to 6. However, if the budget permits, a twelve-storey structure shall be built to include Grades 7 to 12.

Section 6. Annual Data Collection and Validation.

The PSA shall conduct an annual national survey, with the support of DepEd and LGUs, to determine the number and geographic concentration of out-of-school youth and adults. This data shall serve as the official basis for school infrastructure planning and shall be published no later than January 31 of each year.

Section 7. Certification and Budget Allocation.

Upon validation of data, Regional DepEd shall issue a certification of school construction need, which shall serve as the basis for budget allocation by the Department of Budget and Management (DBM) or the Local Government Units (LGUs). These allocations shall be categorized as priority capital outlay and not subject to realignment.

Section 8. Role of Local Government Units.

Local Government Units (LGUs) shall assist in identifying suitable land for school construction, securing local permits, and conducting community engagement. LGUs shall also monitor construction progress and ensure timely coordination with the Department of Education (DepEd) and the Department of Public Works and Highways (DPWH). They may also allocate funds from their local budgets for the acquisition of land and the construction of school buildings, subject to availability of resources and in accordance with existing laws and regulations.

Section 9. Implementing Rules and Regulations.

Within sixty (60) days from the effectivity of this Act, DepEd, in coordination with the PSA, DPWH, DBM, and DILG, shall promulgate the necessary implementing rules and regulations (IRR), including:

  • Criteria and thresholds for proportional construction
  • Data gathering protocols
  • Construction timelines and quality standards
  • Monitoring and accountability mechanisms

The IRR shall be published online and shall take effect fifteen (15) days after its publication in the Official Gazette or in a newspaper of general circulation.

Section 10. Separability Clause.

If any provision of this Act is declared unconstitutional or invalid, the remaining provisions shall remain in full force and effect.

Section 11. Effectivity Clause.

This Act shall take effect fifteen (15) days after its publication in the Official Gazette or in a newspaper of general circulation.

FINAL PROPOSED LAW

Muñoz, J. P. (2025). Proportionate School Construction Act (1.0). Zenodo. https://doi.org/10.5281/zenodo.15493886