This refers to the article written by Dr. Isagani Cruz in his column Mini Critique entitled “Instructional Materials Council” which appeared on page 14 of the Feb. 19, 2015 issue of The Philippine STAR.
In his article, he quoted among others:
A. ”The IMC was given several powers, the most curious of which is to” approve textbooks for use in private elementary and secondary schools”;
B. ”The most important function of IMC is to” select and prescribe textbook and supplementary and reference books for use in public elementary and secondary schools.”
With due respect to the opinion of Dr. Cruz, said assertions appear to be in derogation and circumvention of an existing law which is RA 8047 which was enacted on June 7,1995 thus superseding and repealing Executive Order No.127 which is claimed to have been issued on Sept. 30,1993.
It must be stressed that Sections 10, 11 and 15 of RA 8047 are deemed to have abolished IMC and IMDC as they provide for the active participation of private publishers in the Public School Textbook Program as clearly delineated under the above-cited Sections.
“SECTION 15. Transfer of Assets, Properties, Funds, and Liabilities. Assets, properties, funds, and liabilities of the Instructional Materials Corporation (IMC) and the Instructional Materials Development Center (IMDC) under the DECS shall be transferred to the National Book Development Board.”
Likewise, it must be pointed out that the clear intent and purposes were discussed and explained legally and succinctly clear by Representative Rufus Rodriguez of the 1st District of Cagayan De Oro City.
In a privilege speech delivered by Rep. Rodriguez during the 14th Congress in the halls of the House of Representatives, he said:
“Thus, during the Ninth Congress, the Blue Ribbon Committee had investigated the Instructional Materials Development Corporation and Instructional Materials Council found out massive corruption on said agencies and discovered the rotten volume of books in warehouses amounting to millions of pesos to the disadvantage of public school students.
Based on the findings of the Blue Ribbon Committee headed by then Senator Bobby Tanada, the monopoly has caused gross inefficiency and monumental loss to the government which resulted in the loss of more than P300,000,000.00 committed by said corporation.
Mr. Speaker, based on the said report, Congress then entertained the bill calling for the privatization of the book publishing industry. And on June 7, 1995 Congress has enacted RA 8047, otherwise known as the Book Publishing Development Act. This law provides for the privatization of the book publishing industry, particularly in the development and publication of textbooks for use in public schools.
Furthermore, the law was passed precisely to abolish the monopoly of the public textbook market under the Instructional Materials Corporation.”(Accentuating in bold letters supplied).
Bear stressing is the fact that since time immemorial textbooks for use in private elementary and secondary schools are not approved by IMC nor by DepEd.
Books in private schools are selected and purchased by private institutions as long as the same subscribe to the minimum learning competencies and desired learning competencies in the case of elementary and high school textbooks, respectively.
This pronouncement found support in the 1987 Philippine Constitution, to wit:
“Section 4(1). The State recognizes the complementary roles of public and private institutions in the educational system and shall exercise reasonable supervision and regulation of all educational institutions.”(Article XIV);
Section 5(2). Academic freedom shall be enjoyed in all institutions of higher learning.”(Article XIV).
Finally, it must be pointed out that the clear tenets and provisions of RA 8047 are the laws governing the procurement of textbooks in the private and public elementary secondary schools. Until and unless the same is repealed, all should follow and observe the same.
To borrow the words of Dr. Cruz “dura lex,sed lex” (The law may be harsh but it is the law). – Dr. EDGARDO PARAS, Secretary General, Philbook