Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

Fifteenth Congress
Third Regular Session

2684
O5 FEB 2013

COMMITTEE REPORT NO
Subinitted by the Committee on Higher and Technical Education on
7
Re: House Bill No, __ 6897

Recommending its approval, in substitution of House Bill 6479

Sponsor: Representative Juan Edgardo M. Angara

Mr. Speaker:

The Committee on Higher and Technical Education, to which was referred.
House Bill No. 6479, introduced by Juan Edgardo Angara, entitled

oe ACT TO ENSURE SAFETY AND SECURITY IN ALL UNIVERSITIES AND
COLLEGES, CREATING A CRIME PREVENTION COMMITTEE FOR THIS PURPOSE
AND FOR OTHER PURPOSES”, 6897

has considered the same and recommends that the attached House Bill No. = , entitled

“AN ACT
MANDATING ALL HIGHER EDUCATION INSTITUTIONS TO CREATE A CRIME
PREVENTION COMMITTEE TO ENSURE THE SAFETY AND SECURITY OF THEIR
STUDENTS”

be approved in substitution of House Bill No. 6479 with Representative Juan Edgardo M
Angara as author thereof.

Respectfully submitted,

Z EDGARDO M. ANGARA

Chairman
Committee on Higher
& Technical Education

THE HONORABLE SPEAKER
HOUSE OF REPRESENTATIVES.
Quezon City


Republic of the Philippines
HOUSE OF REPRESENTATIVES.

FIFTEENTH CONGRESS
Third Regular Session

5)
House sit no.__6897

(In substitution of House Bill 6479)

Introduced by: REP. JUAN EDGARDO M. ANGARA

AN ACT
MANDATING ALL HIGHER EDUCATION INSTITUTIONS TO CREATE A CRIME
PREVENTION COMMITTEE THAT SHALL ENSURE THE SAFETY AND SECURITY OF
THEIR STUDENTS

Be it enacted by the Senate and House of Representatives of the Philippines in Congress
assembled:

SECTION 1. Short Title. This Act shall be known as “The Campus Safety Act.”

Sec. 2. Declaration of Policies. |t is the declared responsibility of the State to defend the right
of the youth to assistance, including proper care and nutrition, and special protection from all
forms of neglect, abuse, cruelty and exploitation, and other conditions prejudicial to their
development as provided under the Constitution. It is also hereby declared the policy of the
State to ensure access to quality education by ensuring the safety and security of students in all
institutions of higher learning and recognizing the role of the youth in nation building and in the
development of the country. Pursuant thereto,

Sec. 3. Scope. This Act shall apply to all Higher Education Institutions (HEls), including State
Universities and Colleges, Local Universities and Colleges and Private HEIs.

Sec. 4. Creation of a Crime Prevention Committee (CPC). A CPC shall be established in
every HEI to formulate policies and strategies that shall help protect students from both internal
and extemal threats to their safety and security, such as theft, robbery, rape and other forms of
violence within and outside the area where the HEI is located

Sec. 5. Composition of the CPC. The CPC in every HEI shall be composed of the following

a. The Vice President for community affairs or any other designee in the College or University,
whose office deals with campus security and safety, as presiding officer,

b. The Vice President for student affairs or any other designee in the College or University,
whose office deals with the welfare and discipline of students, as altemate presiding officer;


c, The Secretary of the University Student Council, as the committee secretary;
4. The University Student Council/Supreme Council President or Chairperson, as member,

d, The Class Presidents of the high school level and the College Presidents or Chairpersons of
the college level, and the Corps Commander of the Reserved Officers Training Corps (ROTC)
and the Citizens Amy Training (CAT), as members;

€. The Head of Campus Police or Security Personnel, as member;
£. A Representative of student groups, as member, and
. The President of the Parent-Teachers’ Association or its equivalent, as member.

Sec. 6. Duties and Responsibilities of the CPC. The CPC shall have the following duties and
responsibilities.

‘A. To formulate, in consultation, with the School Head, Chief of Police where the college
or university is located, Punong Barangay, and other security specialists as they deem fit, 2
Crime Prevention Strategy. Such Crime Prevention Strategy shall include, but not be limited, to
the following

1) A statement of current campus policies regarding procedures and facilities for students and
others to report criminal actions or other emergencies occurring on campus and policies
conceming the institution's response to such reports;

2) A statement of current policies concerning security and access to campus facilities, including
campus residences, and security considerations used in the maintenance of campus facilities;

3) A statement of current policies concerning campus law enforcement including but not limited
to:

a) The enforcement authority of security personnel, including their working
relationship with national and local police agencies, and

b). Policies which encourage accurate and prompt reporting of all crimes to the
campus police and the appropriate police agencies;

4) A description of the type and frequency of programs designed to inform students and
employees about campus Security procedures and practices and to encourage students and
employees to be responsible for their own security and security of others;

5) A description of programs designed to inform students and employees about the prevention
of crimes;

6) Statistics conceming the occurrence on campus, during the most recent school year, and
during the two (2) preceding school years for which data are available, including, but not limited
to the following criminal offenses reported to campus security authorities or local police
agencies: homicide, murder, physical injuries, rape, robbery, theft and sexual harassment;


7) A statement of policy concerning the monitoring and recoding through local police agencies
of criminal activity at off-campus student organizations which are recognized by the institution
and that are engaged in by students attending the institution, including those student

organizations with off campus housing facilities:

8) Statistics conceming the number of arrests for the following crimes occurring on campus:
liquor law violations; drug abuse violations; and possession of weapons; and

9) Statement of policy regarding the possession, use, and sale of alcoholic beverages and
enforcement of underage drinking laws and a statement of policy regarding the possession, use
and sale of illegal drugs and enforcement of drug laws and a description of any drug or alcohol

abuse education programs:
B. To formulate crime prevention programs for the implementation of the Committee;

C. To coordinate with college/school principals or deans, as the case may be, in the
maintenance of peace and order within the school/college/university premises:

D. To recommend to the school/college/university the conduct of seminars or trainings
‘on the crime and drug prevention and control in coordination with the National Police
Commission (NAPOLCOM) regional office, local police station or Department of the Interior and
Local Government (DILG) — Patrol 117;

E. To conduct intensive information drive on the Crime Prevention Strategy which
includes its semestral distribution of copies and orientation thereon; and

F. To submit to Commission on Higher Education (CHED), through its CHED Regional
Offices (CHEDROs), the composition of CPC and the Crime Prevention Strategy, as well as its
program of activities and projects for the Academic Year two (2) months after the closing of
enrolment in the First Semester and accomplishment report within two (2) months after finishing
the second semester or trimester of the academic year.

Sec. 7. Non-Interference in Peaceful Student Demonstrations. The CPC shall not, in any
way, interfere or prevent students from holding peaceful rallies, demonstrations and protest
actions if such were held in connection with the exercise of their constitutionally guaranteed
freedom of expression, except if violence erupts during the said mass actions.

Sec. 8. Duty of the College or University President. The Office of the College or University
President shall submit to the CHEDRO the following

a. Size of the college or university
b, Crime prevention strategy; and

¢. Accomplishment Report of the Committee.

Sec. 9. Implementing Rules and Regulations. The CHED, in coordination with the
Department of Education (DepED), Philippine Association of State Universities and Colleges
(PASUC), the Coordinating Council of Private Educational Associations (COCOPEA), and the

Association of Local Colleges and Universities (ALCU), shall issue the necessary rules and
regulations for the effective implementation of this Act.


Sec. 10. Approval and Review of the Crime Prevention Strategy. The Crime Prevention
Strategy, after approval of the Board of Trustees/Regents, shall be submitted to the CHED and
shall be subject to its review. If found unsatisfactory by the CHED, taking into consideration the
circumstances of each college or university, it shall be retumed to the Board for appropriate
action: Provided, That pending its review, the Plan shall be implemented by the college or

university concerned

The Crime Prevention Strategy shall be subject to review or reassessment annually by
the Board or as often as required by the circumstances

Sec. 11. Duties of the CHEDROs. The CHEDROs shall coordinate, supervise and monitor the
implementation of the crime prevention strategy, as approved, and projects of CPCs, jointly with
the NAPOLCOM in the region. The Office of Student Services of the CHED shall consolidate
regional reports for submission to the Office of the CHED chairperson through the Office of the
Executive Director.

Sec. 12. Administrative Liability. Any HEI, its Board of Trustees or Regents, and other
officers/persons responsible for the failure to comply with the provisions of this Act shall be
subject to administrative sanctions to be imposed by the CHED.

Sec. 14. Separability Clause. If any provision of this Act is declared unconstitutional or invalid,
the other sections or provisions not otherwise affected shall continue to be in full force and
effect.

SEC. 15. Repealing Clause. All laws, executive orders, decrees, instructions, rules and
regulations contrary to or inconsistent with any provision of this Act are hereby amended,
repealed or modified accordingly.

SEC. 17. Effectivity Clause. This Act shall take effect fifteen (15) days after its publication in
the Official Gazette or in at least two (2) newspapers of general circulation.

Approved,


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

FIFTEENTH CONGRESS
First Regular Session

H.B.No.__8479

Introduced by HONORABLE JUAN EDGARDO “SONNY” M. ANGARA

EXPLANATORY NOTE

Art. XIV Sec. 4(1) of the Constitution mandates the State to exercise reasonable supervision
and regulation of all educational institutions. There has been a steady increase in the crime rate
in campuses all over the country. As such, there is a need to provide a secure environment for
students to enable them to better focus on their studies. It is necessary for parents to have
access to information with regard to campus crime statistics, as well as crime prevention plans
in these campuses to equip them in making an informed choice as to which school to send their
children to.

At the same time, students currently enrolled in their respective universities need to know the
Measures undertaken by their institution, as well as courses of action in cases of emergency to
guarantee security and expedient assistance, if need be.

In view of the foregoing, early and immediate passage of this bill is earnestly sought.

JUAN EDG: )O “SONNY” M. ANGARA
Representative
Lone District, Province of Aurora


FACT SHEET
6897

House Bill No. __~
(Substitute Bill to HB No. 6479)

AN ACT
MANDATING ALL HIGHER EDUCATION INSTITUTIONS TO CREATE A
CRIME PREVENTION COMMITTEE TO ENSURE THE SAFETY AND
SECURITY OF THEIR STUDENTS

Introduced by: REP. JUAN EDGARDO M. ANGARA
Committee Referral: COMMITTEE ON HIGHER AND TECHNICAL EDUCATION

Committee Chairperson: REP. JUAN EDGARDO M. ANGARA

OBJECTIVES:

* To ensure that each college or university will undertake measures or courses of
action that will avert any threat or attack to security

* To enable the higher education institution (HEI) as well as law enforcers and
security personnel to respond immediately and properly in cases of emergency

SALIENT FEATURES:

* Mandates the creation of a Crime Prevention Committee in every HEI that will
formulate @ crime prevention strategy

* Provides that the crime prevention strategy shall be subject to annual review of
the Board of Trustees/Regents or as often as required by the circumstances

* Provides that the Committee shall not prevent or interfere in the conduct of
peaceful student demonstrations, rallies, protests and other forms of mass
actions, except if violence erupts

* Mandates the Office of Student Services of Commission on Higher Education
(CHED) to consolidate regional reports for submission to the Office of the CHED
Chairperson

* Requires the CHED Regional Offices (CHEDROs) to coordinate, supervise and
monitor the implementation of the crime prevention strategy, jointly with the
National Police Commission

+ States that non-compliance with the provisions of this Act shall subject the HEI,
its Board of Trustees/Regents, and other officers or persons responsible for the
failure to comply, to administrative sanctions to be imposed by the CHED


RELATED LAWS:

+ Republic Act 7722 (CHED Charter)
* RA 9163 (National Service Training Program Act)
+ RA 9165 (Dangerous Drugs Act)

* RA 8294 (Illegal Possession of Weapons Law)

* RA 8044 (Youth in Nation Building Act)

* RA 7610 (Anti-Child Abuse Act)


Republic of the Philippines
HOUSE OF REPRESENTATIVES,
Quezon City. Metro Manila
15® Congress

MINUTES OF THE MEETING OF THE COMMITTEE HIGHER AND TECHNICAL,
EDUCATION HELD ON 23 JANUARY 2013, 9:30 A.M., CONFERENCE RMS, 9&10,
RVM BUILDING, HOUSE OF REPRESENTATIVES, QUEZON CITY

I. CALL TO ORDER

Rep, Juan Edgardo M. Angara, Chairman of the Committee on Higher and Technical
Education (CHTE) called the meeting to order at 10:00 am

1, ROLL CALL/APPROVAL OF THE MINUTES OF PREVIOUS MEETING.

Upon motion duly seconded, the Committee dispensed with the roll call and the reading
of the minutes of the meeting held last December 12, 2012, and thereafter approved the latter

TI. PRELIMINARY REMARKS OF THE COMMITTEE CHAIR

The Committee Chair expressed appreciation to all Members and guests for their
presence and contribution to the measures under deliberation. He then steered the Body to the
discussion of bills promoting student protection in schools, student’s rights and welfare, and
incentives for new graduates.

TY. INITIAL DELIBERATION AND APPROVAL OF THE FOLLOWING MEASURES:

A. House Bill 6479- An Act to Ensure Safety and Security in all Universities and Colleges,
Creating a Crime Prevention Committee for this Purpose, and for other Purposes (Rep.

Angara)

In sponsoring the above-mentioned bill, the Committee Chair expressed concern over the
rising incidence of crime in universities and colleges in recent years. The bill, he said, is an
attempt. to address the problem through protection policy in higher education institutions
(HEls), specifically through the creation of a Crime Prevention Committee (CPC) composed of
Tepresentatives from various sectors which include the students, teachers, school management
and the community to deal with school and student security issues.

The Committee Chair stated that the contemplated CPC in every school aims to craft
policies to control and monitor the movement and entry, for instance, of drugs, alcoho! and
strangers within the higher education campuses. He also allayed the concerns that the bill might
be misconstrued as dictating schools on the policy to adopt, or the police authorities as to their
action response, relative to campus security threats. He said he merely articulated the imperative
for the education and security sectors to talk in a consultative body to immediately address the
problem
Thereafter the Committee Chair solicited comments from the Body which generated the
following views and issues

¢ Rep, Mariano Piamonte stated that the bill is timely and relevant both here and
abroad, citing recent reported incidents of campus shooting and massacre
committed in schools in the United States. He raised, however, the following
clarifications on the proposed function of the CPC that would be created:



1.1. How the CPC relates to the schools’ disciplinary boards and specific
committees created to deal with security and discipline concerns of
Students;

1.2. How the CPC relates to existing laws, such that on Anti-Sexual
Harassment which mandates the creation of a Special Board to handle
sexual harassment incidents in campuses, and

1.3. Whether the CPC will eventually take over the functions of the
Disciplinary Boards and existing committees of the higher education
institutions (HEIs), or will it be simply recommendatory to these bodies
in-charge of student discipline, school threats and security matters, or

1.4, Whether the proposed crime prevention committee would resolve crimes
or threats to campus security

* Rep. Walden Bello likewise lauded the bill for its timeliness and proposed the
following

111 Inclusion of a provision defining clearly the scope of offenses under the
CPC’s contemplated jurisdiction; and

1.2 Exclusion from the proposed crime prevention board student protest
actions involving civil disobedience and similar activities which are
technically illegal

© Rep. Pryde Henry Teves shared the Committee Chair's view on the presence of
both internal and external threats in schools, and suggested engaging the
assistance of a special group of students capable to provide preventive data
gathering and information to avert any brewing security threats in the campuses
from actually happening

In response, the author of HB 6479 made the following clarifications:

1. The proposed CPC is not intended in any way to substitute or perform the tasks of

any of the school’s existing bodies particularly the disciplinary boards;

In terms of jurisdiction, the regular school disciplinary boards and tribunals will

continue to deal with internal threats and discipline problems involving individual

students and teachers or the school faculty staff while the proposed Crime

Prevention and Review Committee will deal with both the school’s internal and

external security threats;

3. The existing student boards will continue to have the power to enforce discipline by
imposing penalties while the CPC shall recommend to the University President, the
Board, or the governing body of each HEI the appropriate course of action and
approach warranted pursuant to specific and unique security threat each school
confronts inside the campuses as well as in the respective communities;

4. The CPC intends to look into all threats and formulate a school-specific approach in
solving the various security problems in schools; and

5. The CPC’s jurisdiction is meant to apply only to so-called common crimes rather
than to the exercise of students’ free speech and liberty.

During the subsequent discussions, Coordinating Council of Private Educational
Associations (COCOPEA) President Dr. Jose Paolo Campos conveyed support for the bill
However, he stated that while many of the member schools have already taken the initiative to
address, through fora with local authorities, some of the security issues contained in the bill such
as those relating to petty crimes, unauthorized access. and the case of students living outside the
school campus, the proposed crime prevention body is still seen as a welcome move to ensure
safety of students and of the campuses


Likewise, Philippine Regulatory Commission (PRC) Board of Teachers representative
Ms. Rosita Navarro expressed support for the bill and cited the early efforts of the Mendiola
Consortium when organized in the 70's to create the committee which intended to secure the
students of the four (4) member consortium schools from any trouble and danger arising from
the use of the Mendiola area as venue for many unrests and unlawful activities

Meanwhile, Development Bank of the Philippines (DBP) Assistant Vice President
Leopoldo Resmundo conveyed the bank’s PI billion approved financing for public safety
initiatives covering security system development and training, and procurement of security
devices available to state universities and colleges (SUCs), private HEIs, and local government
units (LGUs) in recognition of the importance of public safety and security system in the
prevention, or recording and reporting of crimes.

The bill also generated support from the Philippine National Police (PNP) officials who
committed to secure the students from threats emanating from outside or off-campus incidents in
as much as police intervention is limited and only coordinative in the internal security matters of
schools

On the other hand, the League of Cities, Association of Local Colleges and Universities
(ALCU), Technical Eeducation and Skills Development Authority (TESDA), and the Student
Council Alliance of the Philippines (SCAP) expressed strong support for the bill, However,
SCAP representative Mr. Ernest Calayag pressed for assurance of improved external security for
students following the University of the Philippines-Los Banos rape slay and other killing
incidents involving students outside of the campus

On the part of the Commission on Higher Education (CHED), Education Specialist Ms
Rosalie Buscar expressed her agency's support for the bill, saying that such would further
strengthen the guidelines on the creation of Student Crime Prevention Councils in all HEIs
However, she urged the review of the bill for consistency with Section 42 of RA 9165 or the
Comprehensive Dangerous Drugs Act and Sec. 5-d of RA 9163 or the National Service Training
Program Law providing for the creation of a body similar to the CPC

Committee Action/Agreements:

The deliberation on the proposed Campus Safety Act forged the following agreements:

* The proposed CPC as purely recommendatory in function:

* Inclusion of a provision specifying clearly the scope, coverage and
jurisdiction of the proposed CPC;

* Inclusion of a provision that the CPC applies only to common crimes and not
to the exercise of students’ free speech and liberty;

* Inclusion ofa student and a community representative in the CPC: and

* Review of the bill for consistency and harmonization with existing laws such
as the Anti-Sexual Harassment Law, NSTP and the Dangerous Drugs Act,
specifically on the provision creating a committee similar to the CPC

Approval:

On motion of Rep. Teves, the body approved HB 6479 subject to style and the inclusion
of the proposed amendments of Reps. Bello and Teves as well as of those of the CHED.

B. Substitute Bill to House Bill 5915- An Act Providing Incentives for New Graduates of
College and Technical-Vocational Courses from Accredited Higher Education Institutions
and Technical-Vocational Institutions, otherwise known as the “Bill of Rights for New
Graduates” by Reps. Angara, Teves, Zamora, Palatino. Jalosjos, Padilla, Piamonte and
Castro.



Considering that the Committee had already conducted extensive deliberations on the
original bill, which included three (3) meetings, several consultations with relevant agencies,
stakeholders, and that the substitute bill already incorporated the relevant suggestions of the
various agencies such as the Civil Service Commission (CSC), PAG-IBIG, LGUs and all other
resource persons, the Body approved the Substitute Bill to HB 5915, with the Chair directing the
Committee Secretariat to prepare the Committee Report for plenary deliberation

V. INITIAL DELIBERATION AND APPROVAL OF THE FOLLOWING MEASURES:
PROMOTING STUDENTS, RIGHTS AND WELFARE: HB 2190- An Act Providing for
a National Policy on Students Rights and Welfare (Reps Bello and Kaka Bag-ao); HB
5272- An Act Providing for a Magna Carta of Students (Reps Diosdado Macapagal Arroyo
& Gloria Macapagal-Arroyo); HB 5618- An Act Providing for a Magna Carta for Students
(Rep. Linabelle Ruth Villarica); and HB 4842- An Act Establishing a Magna Carta of
Students (Rep. Raymond Palatino)

The Committee Chair acknowledged the authors, Reps. Bello and Palatino, respectively,
in their sponsorship of their Students’ Rights (HB 2190) and Magna Carta of Students (HB
4842) versions.

In sponsoring HB 2190, also dubbed as the STRAW bill, or the Students Rights and
Welfare Act, Rep. Bello underscored its timeliness, importance, as well as its features which he
finds covered closely and strongly correlates with the other three (3) Student Magna Carta bills
under present deliberation

Rep. Bello reiterated the centrality of education, which, he said, necessitated the clear
articulation of the rights of students which include their unabridged right to organize, freedom to
express, right to due process, and the explicit expression of such rights to organize student
councils and bodies that would advance such rights and at the same time and make more explicit
the responsibilities of educational institutions to their students

Rep. Bello expressed dismay over the decreasing participation of students in the last two
decades and the alleged impairment of their right to education due to deregulated tuition fee
increases and the government apparent failure to exercise its key role to enforce and protect
students’ rights and welfare He urged the Body for quick approval of the substitute bill that
would incorporate the relevant provisions of the four (4) related student rights measures

On the other hand, Rep. Palatino recalled before the body the long and intense debates
that accompanied the desire of the previous Congress to pass a Students” Magna Carta since the
early 1990s which did not prosper due to the controversial provision which allowed
Tepresentation to students in the Schools governing boards. He stated that although the effort to
pass a Magna Carta of Students persisted, the provisions in the original magna carta were
henceforth pursued in piecemeal legislations such as separate bills on unpaid fees, tuition fee
regulation, rights of students against discrimination, among others

Rep. Palatino stated that HB 4842 simply aims to harmonize and summarize the essential
rights that students are entitled to enjoy inside the campuses. He urged for a substitute bill for all
the magna carta and students’ welfare measures that will recognize students’ rights, especially
their right to organize and freedom to express in the campuses. He lamented that in the last
decade and owing to the dominance of the ra discourse on total war against terrorism, many
of the schools have been implementing security policies. These, he added, are quite excessive.

As an end note, Rep. Palatino urged the Body to take cognizance not only of the need to
ensure security policies, but to recognize and respect students’ rights inside the school

campuses
Some major issues raised by the Members, stakeholders and resource persons in the

deliberation of the Magna Carta bills included the following:



1, The Magna Canta of Students had difficulty in seeing the light of day during
the past Congresses due to some of its very controversial and irreconcilable
provisions,

The four (4) bills are in conflict with the Supreme Court recognition that in

the case of the private schools. the constitutional guarantee to academic

freedom. the right to admission, along with the students’ rights to organize
are not rights but merely privileges,

‘The grant of rights to students should be weighed against the constitutional

rights of the school owners and administrators too, particularly their right to

property and observance of their management prerogative which are likewise
guaranteed,

4, Student representation in the governing boards of private HEIs and their
participation in the formulation of school policies and regulations is feared to
constitute likewise a violation to the proprietorial rights of school owners,

5. The right to admission provision in the present bills is seen to counter the
rights of HEIs and the school owners to determine those fit for admission
based on their criteria and admissions policies; and

6. Local Colleges and Universities (LUCs) will find it difficult to comply with
the proposed rights of students to adequate welfare services and academic
facilities

nv

Committee Action:

Owing to a hosts of unresolved issues raised on the Students’ Welfare and Rights
measures, the Committee decided to create a Technical Working Group (TWG) that would
convene on January 28, 2013 to harmonize and consolidate the four (4) bills.

VL ADJOURNMENT
There being no other matters to discuss, the meeting was adjourned at 12:15 p.m
Thereby certify to the correctness of the foregoing minutes.

Prepared by

UATRIUAL ot
DIANA J. MANALIGOD
Supervising Legislative Staff Officer 11

Certified Correct by

OPTED Ag Crewe
FRANCES MELANIE U. MAURICIO
Acting Committee Secretary

Noted by

PPIRIN AL CIRMEY

REP. JUAN EDGARDO M. ANGARA
Chairman
Committee on Higher and Technical Education