THtRTEENTH CONGRESS OF THE 
) 
REPUBLIC OF THE PHILIPPINES 
) 
First Regular Session 
1 
SENATE 
d
.
 
Introduced by Senator JINGGOY EJERCITO, ESTRADA 
EXPLANATORY NOTE 
One of the biggest foundations of a progressive nation is an educated population. 
Developments in the different areas of knowledge such a science and technology, 
business, medicine, social science and others have brought about drastic advancement 
in our present society. In an increasingly demanding and dynamic global economy, 
competitiveness, more than an advantage, is a must. 
As expressed in the Philippine Constitution, education is one of the priorities of 
the State. Aside from the basic needs such as food, shelter and clothing, it is one of the 
primary necessities that the State should provide for its constituents. While the private 
sector is an active participant in the promotion of education at present, the government 
should still the lead in insuring its quality and accessibility. 
It should be recognized that the full development of the students is not limited on 
books and lectures. Aside from providing them with an environment conductive to 
learning, it is the duty of the State to ensure the quality of education that goes beyond 
the corners of the room; for indeed the true lessons in life are gained in the real world. 
However, the present formal educational system has, in one way or another, deprived 
the students of the chance to develop to their full potential. 
This Magna Carta for students intends to equalize the chance of the students to 
admission in school and to avail of competent and quality education. It seeks to provide 
measures to ensure that the students are able to exercise their right to organized, right 
to participate in policy-making, right to academic freedom, and right to free expression 
and information. 
For these reasons, the passage of this bill is earnestly sought. 


THIRTEENTH CONGRESS OF THE 
) 
REPUBLIC OF THE PHILIPPINES 
1 
First Regular Session 
1 
SENATE 
1041 
S. B. No. 
- 
~- 
Introduced by Senator JINGGOY EJERCITO ESTRADA 
AN ACT 
FOR THE ESTABLISHMENT OF THE MAGNA CARTA OF STUDENTS 
Be it enacted by the Senate and House of Representatives of the Philippines in 
Congress assembled: 
SEC I. 
Title. - This Act shall be known as the Magna Carta of Students. 
CHAPTER I 
GENERAL PRINCIPLES 
SEC. 2. Declaration of Policy. - It is hereby declared to be the policy of the 
State to promote and protect the rights of students to enable them to participate actively 
and effectively in the democratic processes of effecting progressive and developmental 
changes in society. 
SEC. 3. Guiding Principles. This Act declares the following as basic guiding 
principles: 
(a) 
The formal educational system being the principal institutional mechanism for 
imparting knowledge and developing skills is given priority attention and support by 
the government. 
(b) 
Education is a right and not a mere privilege. It is therefor the responsibility of the 
State to provide quality education accessible at all curriculum levels. 
(c) 
Student organizations enhance democratic processes on the campus. 
Membership and active which promote and protect students’ rights and welfare 
and/or contribute to national development shall be guaranteed by the State and 
school authorities. 
(d) 
Student organizations shall not be subject to rules and regulations that unduly 
hamper their activities and are prejudicial to their objectives and interests, provided 
such objectives, activities and interests are with the school’s mission. 


(e) 
Student councils/governments being the most representative of the studentry and 
the highest expression of student power on campus shall be consulted in the 
formulation of school policies directly affecting students. 
(9 
Student publication shall serve as a principal, medium for free and responsible 
expression, dissemination of information, and interaction, among the different 
sectors of the academic community. 
(9) 
With their democratic rights guaranteed, students can serve as a potent and 
cogent force in the country’s social transformation. 
SEC, 4. Definition of Terms. - As used in this Act, the following terms shall mean: 
(a) 
“Student” - any person enrolled in school in post secondary, tertiary, graduate 
and post graduate levels, including vocational and technical education. 
(b) 
“School” - any private, public or government-run and funded academic 
educational institution offering any or all courses in the above-mentioned levels. 
(c) 
”School campus” - the totality of all contiguous or proximate buildings, grounds 
and other facilities designated by the school as areas or facilities for the use of its 
students. 
(d) 
‘Governing Board” - the highest policy making body of the school such as: Board 
of Directors, Trustees or Regents. 
(e) 
“Student CouncillGovernment” - the body representing the whole student 
population in one school or school campus whose officers are annually elected at 
large by the whole student population pursuant to its constitution and by-laws, if any. 
(9 
“Council of Leaders” - the body composed of the heads of various student 
organizations chaired by the PresidentlChairman of the Student Council. 
(9) 
“Tuition Fee” - The fee representing direct costs of instruction, training and other 
related activities, and the use of school facilities. The term “other school fees” refers 
to fees which cover other necessary costs supportive of instruction, including but not 
limited to medical and dental, athletic, library, laboratory, and Citizens Army Training 
(CAT) or Citizens Military Training (CMT) fees. 
CHAPTER II 
RfGHT TO ADMJSSJON AND QUALITY EDUCATION 
SEC. 5 Admission. - 
(a) 
No student shall be denied admission to any school on account of hidher 
physical handicap, socio-economic status, political or religious beliefs, or shall 
pregnant students and certified reformed drug abuser be discriminated 
against. 
(b) 
A student shatl have the right to freely choose hidher fields of study 
subject to existing curricula and the institution’s admissions policies and the to 
continue his/her course up to graduation except in case of academic 
deficiency, inability to meet program requirements, or violation of disciplinary 
regulations which do not infringe upon the exercise of students’ rights. 


SEC. 6. Right to Competent Instruction and Relevant Quality Education. - 
Every student shall have the right to competent instruction and quality education 
to relevant to his/her personal and cultural development and that of the nation, and 
commensurate to the school fees paid, and for state institutions, public subsidies 
granted. 
Students shall have the right to make a written evaluation of the performance of 
their teachers toward the end of the school term. 
SEC. 7. Right to Adequate student Services and Academic Facilities. - It 
shall be the responsibility of the school administration to provide the students with 
adequate students services and academic facilities commensurate to the school fees 
paid, and for SCUs, public subsidies granted. 
CHAPTER Ill 
RIGHT TO ORGANIZE 
SEC. 8. Right to Organized among Themselves. - Unity and collective effort 
being fundamental to the realization of common goal and the promotion and protection 
of common interest, the State recognizes the right of student to organize among 
themselves. 
The right of students to form, assist, or join any campus organization, alliance or 
federation, not contrary to the school mission, for their physical, intellectual, moral, 
cultural, civic, spiritual and political interest shall be not be abridged. 
SEC. 9. Student CouncWGovernment. - The State shall ensure the democratic 
and autonomous existence of student counciIs/governments. Pursuant thereto, there 
shall be one student counciVgovernment for each school campus, which shall be given 
recognition by the schools, colleges and universities concerned. It shall have its own set 
of officers elected in annual popular elections. Every student counciVgovernment shall 
have the right to determined its policies and programs on student activities subject to 
this duly ratified charter or constitution, school rules and regulations, and state policy. 
SEC. 
I O  Recognition of and Granting of Privileges to Student 
Organizations. - No unreasonable requirements shall be imposed on student 
organizations seeking recognition. 
The guidelines concerning recognition shall be formulated by the Student Affairs 
Office in consultation with the student council. 
The process for seeking recognition shall begin upon the submission to the 
Student Affairs Office by the organization concerned on its (1) concept paper and 
constitution; and (2) a formal letter addressed to the Student Affairs stating that the 
organization’s intent to be recognized. Recognition will be granted by the Students 
affairs Office upon compliance with the guidelines. 
There shall be no discrimination in the assignment of school facilities and 
granting of other privileges to student organizations. 
Excessive charges for the use of school facilities shall be prohibited. Whenever 
possible, the school administration shall allow student organizations to use school 
facilities free of charge. 


SEC. I 1  Coordination of Student Organizations’ Activities. - All on and off 
campus activities of student organization shall be coordinated by the student 
counciVgovernment in consultation with the Student affairs off ice. 
The Committee on Elections (COMELEC) constituted to conduct the election of 
the officers of the student counciVgovernment shall be compose solely of bona fide 
student of the school. The conduct of the student council election shall be held in 
coordination with the Student Affairs Office. 
SEC. 12. Prohibition Against the Use of Force and Exaction and excessive 
Fees. - All campus organization shall be prohibited from using force in initiation and 
from exacting excessive fees from their members, as well as in their other students 
activities. 
CHAPTER IV 
RIGHT TO PARTICIPATE IN POLICY MAKING 
SEC. 13. Representation in Policy-Making Process. The student shall be 
represented in policy-making bodies (other than the governing board) which directly 
affect their welfare, especially in curriculum review, student discipline and academic 
standards. The representatives shall be designated by the student council. 
SEC. 
14. 
Student’s 
Initiative 
and 
Referendum. - The 
student 
councillgovernment through a majority vote of all the members of the student body shall 
have the right to initiate the formulation, modification or rejection of a school policy 
affecting the students. The proposition for the formulation, modification or rejection of a 
school policy affecting the students shall be submitted to and approved by a majority of 
votes cast by all the bona fide students of the school in a areas shall be excluded from 
the power of students on initiative or referendum: (a) admission; (b) curriculum; (c) 
faculty recruitment and tenure; (d) rules on student conduct and discipline; (e) tuition 
fees; and (f) scholastic rules (e.g. academic credits and retention and graduation of 
students). 
CHAPTER V 
RIGHT TO FREE EXPRESSION AND INFORMATION 
AND RIGHT TO ACADEMIC FREEDOM 
SEC. 15. Right to Informed. - The right of the students to be given information 
upon request on matters directly effecting their welfare shall be recognized. 
SEC. 16. Freedom of Expression. - Subject to existing laws and school rules 
and regulations, students shall have the right to freely express their views and opinions. 
SEC. 17. Academic Freedom. - Students academic freedom shall subject to 
school rules and regulations and the exercise by the school and members of the faculty 
of their respective academic freedom, consist of, but is not limited to, the following 
rights: 
(a) 
To conduct research in connection with academic work, and to freely 
discuss and publish their findings and recommendations; 
(b) 
To conduct inquiry in curricular and extracurricular activities within the 
campus and in appropriate circumstances; 


The deciding body must act on its own independent consideration of 
the facts of the case. The body should, in all controversial questions, 
render its decision in such a manner that the issues involved, and the 
reasons for any decision made are made clear to the student. 
(d) Disciplinary sanctions shall be corrective rather than punitive or penal 
in nature. The gravity of disciplinary sanctions must be proportionate to 
the seriousness of the violation committed. 
The Student Affairs Office of the respective schools shall publish on a 
periodic basis acts which are deem violate or school rules and 
regulations and the corresponding disciplinary sanctions; Provided, 
that such rules and regulations do not violate the rights guaranteed 
herein and under the Constitution. 
CHAPTER VI1 
OTHER RIGHTS 
SEC. 19. Right Against Unreasonable Searches and Seizures - Every 
student shall be free from any form of unreasonable search and seizure. Except for the 
following instances no search or seizure of a student shall be deemed valid: 
(a) Searches made at the point of ingress and egress by authorized personnel of 
the school; 
(b) Searchers and seizures of illegal article or articles falling in the plain view of 
duly authorized personnel; 
(c) Searches and seizures of articles that are illegal, discovered inadvertently by 
duly authorized personnel; 
(d) Searches made when the student is about to commit, is committing or has 
just committed a crime or a serious infraction of the school’s rules and 
regulation; 
(e) Searches made with a valid search warrant. 
Articles seized in violation of the here above provided rights shall not be used as 
evidence against the student in any disciplinary action that may be brought against 
him/her. 
SEC. 20. Access to School Records and Issuance of Official Certificates. - 
Subject to the provision of the following section, every student shall have access to 
her/her own school records, the confidentiality of which the school shall maintain. 
He/she shall have the right to be issued official certificates, diplomas, transcript of 
records, grades, transfer credentials and other similar documents within thirty (30) days 
from the filing of request and accomplishment of all pertinent requirements. 
SEC. 21. Unpaid Tuition Fees and Examination - No student shall be 
prohibited from taking a periodic or final examination because of unpaid tuition and 
other fees under the established terms of payment prescribed by the school concerned 
and approved by the appropriate education agency. 
Students with delinquent fees permitted to take an examination shall 
nevertheless be subject to the right of the school concerned to withhold the release or 


To choose a field of study for research and to pursue the quest for truth; to 
express their opinion on any subject of public or general concern which 
directly or indirectly affects the students of the educational system; 
To invite off-campus speakers or resource persons to student sponsored 
assemblies, fora, symposia, and other activities of similar nature; 
To express contrary interpretation or dissenting opinions inside and 
outside the classroom; 
To participate in the drafting of a new curriculum and in the review or 
revision of the old; and 
To participate in the drafting and /or revising of the student handbook 
which shall include the school rules and regulations, a copy of which shall 
be furnished the students upon admission to the school. 
CHAPTER VI 
RIGHT TO DUE PROCESS IN DISCIPLINARY PROCEEDINGS 
SEC. 18. Right to Due Process. 
(a) A student subject to disciplinary proceedings shall have the right to 
defend himself/herself, to be heard and to present evidence on hidher 
behaif before an impartial body. There shall be a Students Disciplinary 
Board to be composed of two (2) representatives from the school 
administration, one (1) faculty member, and two (2) students to 
conduct investigations into and decide on cases student violation of 
disciplinary standards. 
(b) The blacklisting, expulsion, suspension and other such disciplinary 
sanctions that may be taken against a student shall not be valid unless 
the following rights have been observed: 
(1) The right to be informed in writing of the nature and cause of the 
accusations against him/her; 
(2) The right to confront witnesses against himher and to have full 
access to the evidence in the case: 
(3) The right to defend himseff/herself and to be defended by a 
represented or counsel of hislher choice, adequate time being 
given for the preparation of a defense; 
(4) To right to a hearing before the Student Disciplinary Board; 
(5) The right against self incrimination; and 
(6) The right to appeal adverse decisions of the Student Disciplinary 
Board to the governing board and ultimately to the appropriate 
education agencies. 
(c) The decision in any disciplinary proceeding must be rendered on the 
basis or relevant and substantial evidence presented at the hearing, or 
at least contained in the record and disclosed to the student affected. 


issuance of such students’ school records or of the documents mentioned in the 
preceding section or to deny such students’ admission at the next succeeding term or 
year until the prior delinquencies are fully paid. 
SEC. 22. Security of Tenure. - It shall be the right of students to finish their 
entire courses of study in a given school, except in cases of academic deficiency or 
inability to meet program requirements, or viofation of disciplinary regulations 
In case wherein the school authorities refuse to allow a student to enroll for the 
subsequent term or year due to the cause herein above stated, the student may appeal 
such ruling to the appropriate education agency. 
SEC. 23. Prohibition of Involuntary Contribution. - Except those approved by 
their own student organization, all voluntary contribution shall be prohibited. 
SEC. 24. Collection of Student Paper and Student Council Fees. - The 
school administration, upon mutual agreement with the student paper staff and the 
student council/government, shall assist by facilitating the collection of student paper 
and student council fees from the students. 
The student paper fees shall be held in trust for their unhampered used in the 
publication of the student paper. 
The full amount of student council fees shall be turned over to the student council 
within fifteen (15) days from the assumption of office of the Student Council officers. 
SEC. 25. Privacy of Communication. - The privacy of communication and 
correspondence among students shall remain Inviolable, 
SEC. 26. Scholarship Grants and Privileges. - Opposition to school policies to 
students’ interest shall not be a ground for denying or withdrawing scholarship grants 
and privileges to deserving students. 
SEC. 27. Right to Adequate and Safe Housing/ Dormitory Facilities. - The 
state and the respective school authorities shall endeavor to provide the student 
adequate, safe and clean housing facilities. 
SEC. 28. Prohibition Against Militarization of the School Campus. - The 
pursuit of academic excellence and exercise of academic freedom can be attained only 
in an atmosphere free from fear and unreasonable restraint. Pursuant thereto, no 
military detachment shall be installed on the school campus. 
Military elements and/or policemen in uniform or in plain clothes and school 
security forces shall not interfere with student activities, particularly peaceful mass 
actions, inside the campus. School officials may request for their presence however, in 
cases where these actions are disrupted of normal school operations. 
CHAPTER Vlll 
RESPONSIBILITIES OF THE STUDENTS 
SEC. 29. Student Responsibilities. - Student shall have the following 
responsibilities: 
(a) To develop their potentials to the utmost in order that they may be of service 
to their families and society; 


(b) To strive their potentials excellence and to abide by school rules and 
regulations pertaining to their academic responsibilities; 
(c) To exerts utmost efforts toward the realization of harmonious relationships 
with the rest of the academic community; 
(d) To participate actively in school activities including athletics and civic affairs 
for the development of the community and the nation; 
(e) To uphold, preserve and maintain the good name of their alma mater; and 
(f) To exercise the above mentioned rights responsibility. 
CHAPTER IX 
FINAL PROVISIONS 
SEC. 30. Rule and Regulations. -Within ninety (90) days from the approval of 
this Act, the DECS, TESDA AND CHED in collaboration with the representatives of 
national student organizations, representative of school administration and the 
President Council for Youth Affairs (PCYA) shall promulgate the necessary rules and 
regulations to implement the provision of this Act. 
SEC. 31. Administration and Enforcement. - National student organizations 
and student counciVgovernments have the right to report to and demand an 
investigation from the appropriate education agency into any act or acts committed by 
school authorities andlor administrations violative of their rights as provided in this Act. 
As they have the right to an impartial speedy resolution of the issue. 
Upon finding by the appropriate education agency that a particular school 
administration has willfully and repeatedly infringed on the rights provided herein, it shall 
the suspension or cancellation of the license to operate of said erring school. To protect 
the interest t of the. students, the State shall, during the period of suspension or upon 
the coMection of license, and unless restrained by the proper Court, take over the 
operation of the school. 
SEC. 32. Penal Provision. - Any person who shall willfully interfere with, retrain 
or coerce any student in the exercise of the rights guaranteed by this Act, or who shall 
in any other manner commit any act to defeat any provision of this Act, shall, upon 
conviction, be punished by a fine of not less than Ten Thousand (PIO, 000.00) Pesos 
nor more than Fifty Thousand (P50, 000.00). Pesos or by imprisonment for not less than 
one year nor more than five years, or both such fine imprisonment at the discretion of 
the Court. 
If the offender is an education institution, or any juridical person, the penalty shall 
be imposed upon the President, Treasurer, Secretary or any person or officer 
responsible for the violation. If the offender is an alien, he/she shall, after service of 
sentence, be deported immediately without further proceeding in the Bureau of 
Immigration and Deportation (BID). If the offender is a public officer or employee, the 
Court shall, in addition to the penalties herein above provided, order his/her dismissal 
from the government service. 
In addition to the penalties herein provided, the license to operate of the school 
conerned may be suspended or canceled by the DEC, TESDA or CHED in accordance 
with Section 31 of this Act. The decision of these education agencies may be appealed 
proper court. 


SEC. 33. Separability Clause. - If any provision of this Act is declared invalid, 
the remainder thereof not affected thereby shall continue to be in full force and effect. 
SEC. 34. Repealing Clause. - All laws, decrease, orders, rules and regulation or 
other issuance or parts thereof inconsistent with the provisions of this Act are hereby 
repeated or modified accordingly. 
SEC. 35. Effectivity. - The Act shall take effect upon its approval. 
Approved.