Following the law

Antonio Contreras

SEN. Rafael “Raffy” Tulfo made an issue about the collection of contributions for the Parent-Teachers Association (PTA) during the plenary debates in the Senate for the budget of the Department of Education (DepEd). He argued that this violates a 1969 law, namely Republic Act (RA) 5546, or “An Act Prohibiting the Collection of Contributions from School Children of Public Primary, Intermediate and High Schools.” He cited Section 1 of the law which stated that, “The sale of tickets and/or the collection of contributions in any form whatsoever, by any person for any project or purpose, whether voluntary or otherwise, from school children, students and teachers of public and private schools, colleges and universities is hereby prohibited: Provided, however, That this prohibition shall not cover membership fees of school children and students in the Red Cross, the Girl Scouts of the Philippines and the Boy Scouts of the Philippines: Provided, finally, That this prohibition shall not cover the contributions of parents and other donors for the support of barrio high schools.”

Sen. Pilar Juliana “Pia” Cayetano, who was defending the DepEd budget, responded by arguing that what is prohibited in the law is the collection of contributions from children, whereas the PTA contributions are technically collected from parents, which is not prohibited in Section 1. She even cited the principle in statutory construction where it is stated that what is not prohibited in the law is allowed. Presidential Decree (PD) 603, issued by former president Ferdinand E. Marcos Sr. in 1974, which was equivalent to an act of Congress, specifically defined the function of the PTA in Section 77. Aside from “providing a forum for the discussion of problems and their solutions, relating to the total school program, and for insuring (sic) the full cooperation of parents in the efficient implementation of such programs,” the PTA was also obligated by law “to aid the municipal and other local authorities and school officials in the enforcement of juvenile delinquency control measures, and in the implementation of programs and activities to promote child welfare.”