SIXTEENTH CONGRESS OF THE) 
REPUBLIC OF THE PHILIPPINES) 
First Regular Session 
) 
SENATE 
S. B. 140 
Introduced by SENATOR CYNTHIA VILLAR 
EXPLANATORY NOTE 
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Section 1, Article XIV of the 1987 Constitution mandates that the State shall "protect 
and promote the right of all citizens to quality education at all levels, and shall take 
appropriate steps to make such education accessible to aiL 
The Constitution further 
provides that the State shall establish, maintain, and support a complete, adequate, and 
integrated system of education relevant to the needs of the people and society and that the 
State shall encourage non-fonnal, infonnal and indigenous learning systems, as well as 
self-learning, independent, and out-of-school study programs particularly those that respond 
to the community levels (Sec. 2, Art. XIV, 1987 Constitution). 
While the government labors in upholding these constitutional mandates, it is a sad 
reality that it encounters difficulty in providing quality and accessible education to all due to 
budgetary constraints and other relevant factors. 
In the preceding years, we have 
witnessed the decline in the quality of education and the significant increase in the number 
of students not pursuing and/or finishing higher education. 
Somehow, this trend came 
about because a large number of Filipino families, with their meager resources, could not 
afford the everyday expenses involved (e.g. daily allowances for transportation, meals and 
other school-related incidental expenses) in sending their children to college the traditional 
way. Besides, many of our young people necessarily had to leave school and shelve their 
dream of acquiring higher education for them to immediately work in low-paying jobs to help 
in the upkee'p of their families. 
The 6pen Learning and Distance Education could be a sUi~able response to this 
reality. Unlike traditional education wherein one goes to school regularly to meet teachers 
and classmates, a student availing himself or herself of distance learning can attend classes 
while at home or in the workplace with the use of modules, e-mail, chat and video 
conference to name a few. Like the traditional learning experience, distance education 
follows a curriculum, but studying can be done at ones pace. To ensure efficiency and 
quality, mechanisms are employed to monitor and ensure the academic progress of the 
students. 
This bill seeks to strengthen and regulate the offering of open learning and distance 
education in the country. This modem delivery of education to learners could make higher 
education accessible to a great number of our people pursuant to the Constitutional 
mandate. As long as the necessary support for the efficient implementation of the system 
as enunciated in the bill are followed, open learning and distance education could well serve 
as effective engines to develop our people and nation. 
With the foregoing discussion, I earnestly recommend the early approval of the bill. 


SIXTEENTH CONGRESS OF THE) 
REPUBLIC OF THE PHILIPPINES) 
First Regular Session 
) 
SENATE 
S. B. 1·10 
Introduced by SENATOR CYNTHIA VILLAR 
AN ACT 
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TO IMPROVE ACCESS TO EDUCATION THROUGH OPEN LEARNING AND 
DISTANCI; EDUCATION IN POST SECONDARY AND TERTIARY LEVELS IN THE 
PHILIPPINES, APPROPRIATING FUNDS THEREFOR AND FOR OTHER 
I 
PURPOSES 
Be it enacted by the Senate and House of Representatives of the Philippines in 
Congress Assembled: 
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SECTION 1. Short Title. - This Act shall be known as the "Open Learning and 
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Distance Education Act of 2013." 
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SEC. 2. Declaration of Policy. - It is hereby declared the policy of the State to 
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expand and further democratize access to quality education at the post secondary and 
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tertiary levels through the promotion and application of open learning as a philosophy of 
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access to educational services, and the appropriate, 
efficient and effective 
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implementation of distance education as a system of delivering quality post secondary 
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and tertiary educational services in the country. 
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SEC. 3. Definition of Terms. - For purposes of this Act, the following terms are 
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hereby defined: 
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(a) 
Open Learning - A philosophy of learning that is quality-assured, open to 
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people, methods, places and ideas, and is highly flexible and learner-
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centered, enabling the latter to learn at the time, place and pace which 
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satisfy hislher circumstances and requirements; 
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(b) 
Distance Education -
is a mode of educational delivery whereby the 
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teacher and learner are separated in time and space, and the instruction is 
delivered through specially designed materials and methods using 
I appropriate technologies and learning management systems and 
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(c) 
(d) 
(e) 
(f) 
(g) 
(h) 
supported 
by 
organizational 
and 
administrative 
structures 
and 
arrangements. It enables learning. to take place from a distance, virtually 
and differently from the conventional classroom or traditional mode; 
Open University/Collegellnstitution -
refers to a higher education 
institution that is a separate, independent, and degree-granting academic 
entity which employs operational procedures and strategies of an open 
learning institution; 
Centerllnstitute/School of Distance Education - refers to a subsidiary of a 
higher education institution which offers distance education programs, but 
is not qualified to be called an Open University/College/lnstitution, and 
whose degrees are awarqed by the mother university/College/Institution; 
Higher Education Institution - refers to an institution Of higher learning in 
the Philippines which primarily offers degree-granting programs, including 
post secondary degree granting vocational and technical institution duly 
recognized by the Commission on Higher Education; 
Tertiary Education -
shall refer to the higher learning level after high 
school offering baccalaureate, graduate or post-graduate programs; 
Post Secondary Education - shall refer to non-degree technical-vocational 
programs accredited by the Technical Education and Skills Development 
Authority; 
Technical-Vocational Programs - shall refer to post secondary certificate 
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I courses, officially recognized as non-degree programs aimed at preparing 
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technicians, paraprofessionals and other categories of middle-level 
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workers by providing them with a broad range of general education, 
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theoretical, scientific and technological studies, and related job skills 
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training. 
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SEC. 4. Institutionalization of Distance Education. -
Distance Education is 
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hereby institutionalized in the Philippines in accordance with the provisions of this Act. 
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SEC. 5. Coverage. This Act shall apply to public and private higher education 
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institutions (HE Is) and post secondary technical/vocational schools in the Philippines 
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which have existing open learning and distance education programs, and to other 
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tertiary and technical/vocational institutions which shall later be authorized as qualified 
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implementers of open learning and distance education programs. 
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Sec. 6. Admission and Other Academic Policies and Requirements. - Admission 
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and other academic policies and requirements in HE Is offering tertiary education 
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through distance education programs shall be governed by a set of pOlicies, standards 
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and requirements set for tertiary education by duly authorized academic bodies such as 
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Board of Regents/Trustees, University/Faculty Councils, and/or the Commission on 
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Higher Education, and for technical-vocational courses in the post secondary level by 
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the Technical Education and Skills Development Authority such as, but not limited to, 
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the following: 
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(a) 
(b) 
(c) 
Completion of secondary education; 
Passing an entrance examination given by the HElor post secondary 
school; and 
Compliance with the other admission requirements of the admitting higher 
education or post secondary institutions that are instituted in accordance 
with the standards set by the CHED and TESDA, respectively. 
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SEC. 7. 
Program, 
Curriculum and Course Development Offerings and 
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Requirements. - Open learning programs, curricula and courses developed and offered 
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in distance education mode shall be subjected to similarly high standards, poliCies and 
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guidelines imposed on traditional or conventional tertiary education programs, curricula 
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and courses to ensure equivalence in quality and substance of both distance and 
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traditional or conventional modes of education. 
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There shall be defined a set of courses/subjects and/or examinations, and/or 
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special projects and activities, the completion of which shall be required for graduation 
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from the academic degree program, and which shall be equivalent to those under the 
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conventional mode of instruction. 
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(a) 
The place, pace, and mode of study of the student shall be at the option 
and convenience of the student, but within the predetermined time frame 
of the distance education program the student is enrolled in and except in 
the case of examinations whose context, content and conduct shall be 
determined by the distance education institution; 
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(b) 
(c) 
(d) 
(e) 
The institution concerned shall formulate and implement a mechanism to 
monitor the academic progress of the students; 
The curricular offerings using the open learning philosophy which· are 
offered through the distance education mode shall ~onform to respective 
policies, standards, and guidelines for distance education of CHED and 
TESDA; 
Completion of all the requirements for the academic program shall be 
evidenced by the award of the appropriate academic degree; 
For the practice of the profession for which one has acquired the 
necessary academic credentials through distance education, the existing 
requirements of passing a board examination shall apply. 
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SEC. 8. Mode of Delivery. Open Learning/Distance Education may be delivered 
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using information and communications technology and other approaches, such as but 
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not limited, to the following: 
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(a) 
(b) 
(c) 
(d) 
, 
Print 
textbooks, 
study 
guides, 
workbooks, 
course 
syllabi, 
correspondence feedback, and other print formats; 
Audio-Visual - radio, audio cassettes, slides, film, videotapes, television, 
telephone, fax, audio-conferencing, and video-conferencing; 
Electronic/Computer Technology and Virtual Classrooms -
CD-ROM, 
electronic mail, e-bulletin boards, world-wide web, E-Iearning or online 
learning management systems; and 
Face-to-face sessions - conducted in learning and study centers. 
SEC. 9. Support to Open Learning and Distance Education Programs. - The 
CHED andi the TESDA shall provide support to higher education institutions and post 
secondary schools, respectively, with open learning and distance education programs, 
such as, but not limited to the following: 
(a) 
(b) 
Training of qualified faculty with experience and/or training in open 
learning and distance education materials; 
implementation of relevant curricular programs; 
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(c) 
(d) 
(e) 
(f) 
(g) 
Development of appropriate learning materials; 
Acquisition of technology 
Provision of suitable student support services; 
Development of suitable learning management systems or platforms; 
Formal linkages with other appropriate institutions that can host learning 
or testing centers. 
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SEC. 10. Support to Students. - Any student enrolled in open learning and 
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distance education programs under the auspices of this Act, shall have access to all 
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privileges, opportunities and entitlements that a student similarly situated under the 
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conventional system of instruction may have access to, including, but not necessarily be 
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limited to, availment of scholarships, grants, and loans from the government or 
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government-administered funding sources. Specifically, higher education institutions 
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and post secondary schools engaged in open learning and education programs shall be 
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tasked to perform the following student support services: 
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(a) 
(b) 
(c) 
(d) 
(e) 
Provide clear admission policies and procedures for applicants; 
Maintain faculty-student dialogue and interactivity through 
virtual 
classrooms linked electronically or through established learning centers or 
both, whichever may be feasible, to ensure greatElr knowledge sharing, 
access. Counseling, and the provision of other support services; 
Provide for an efficient and reliable communication system, feedback 
mechanism, especially on learners' academic progress, and multimedia 
support; 
Show evidence of regular monitoring of learners' progress; and 
Provide a wide range of relevant, updated and accessible learning 
resources that are easily accessible to students. 
SEC. 11. Role of the University of the Philippines Open University (UPOU). The 
University of the Philippines Open University, hereinafter referred to as the UPOU, shall 
be designated as the National Open University. As such, it shall: 
(a) 
Provide leadership in the development of open learning and distance 
education expertise in the country and in the appropriate use of 
information and communications technologies in support of quality higher 
education; 
. (b) 
Promote best practices in open learning and distance education in the 
Philippines; 
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(c) 
Share knowledge through informed and innovative research and other 
development activities related to distance education through its exemplar 
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policies, programs, materials, learning management systems guidelines 
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and offerings; 
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(d) 
Design model curricular programs which shall serve as prototype 
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programs upon which similar programs to be offered by other HEls in the 
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country shall be patterned after; 
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(e) 
Assist CHED and TESDA in the formulation of national policies, 
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standards, and guidelines for distance education; 
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(f) 
Develop and promote appropriate information and communication 
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technologies to facilitate quality open learning and distance education 
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programs in the country; 
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(g) 
Design and produce quality learning materials and objects, both in print 
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and multimedia formats, for higher education instruction in the country; 
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(h) 
Make instructional materials for distance education programs accessible 
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to the public through collaborative arrangements, and other appropriate 
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mechanisms; 
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(i) 
Assist other interested educational institutions in developing their distance 
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(k) 
(I) 
education programs, courses, and materials for specific learner groups or 
the public at large; and 
Provide technical assistance to CHED and TESDA on matters relating to 
distance education policies, guidelines and standards, particularly in 
implementing an accreditation system for open learning and distance 
education programs and institutions in the country; 
Design and implement a continuing program to develop high level 
expertise in the fields of open learning and distance education in the 
Philippines through quality formal academic degree programs and non-
formal courses through either or both distance and face-to-face modes of 
instruction and training; and 
Help capacitate distance education teachers and practitioners through its 
capacity building and professionalization programs. 
SEC. 12. Role of the Commission on Higher Education (CHED) and the 
Technical Education and Skills Development Authority (TESDA). - The CHED and 
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TESDA shall be the respective authorities to identify the HE Is and post secondary 
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schools which shall be allowed to offer distance education programs and be given 
allocation for the continued implementation of these programs. As such, they shall: 
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(a) 
(b) 
(c) 
Formulate, promulgate, disseminate and implement the necessary 
policjes, standards, guidelines, rules and regulations for the effective 
implementation of distance education in the country; 
Formulate and implement strategies to improve the quality of distance 
education programs and implement a system of quality control for open 
learning and distance education in the country; 
Monitor and evaluate existing open learning and distance education 
programs and effect the continuation or closure of programs in 
accordance with the provisions of the implementing rules and regulations 
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for distance education in the country; 
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(d) 
Review and approve or disapprove proposals from higher education 
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(e) 
institutions for the implementation of new distance education programs; 
and 
Recommend to the Department of Budget and Management (DBM) the 
budget for distance education programs of qualified 
state higher 
education institutions and public post secondary schools based on the 
respective monitoring and evaluation results of the CHED and TESDA. 
SEC. 13. Role of Broadcast Media and Telecommunications Networks. -
Broadcast media and telecommunications networks are encouraged to provide as much 
assistance and cooperation to higher education institutions offering open learning and 
distance education programs. Such assistance may include, but not necessarily be 
limited to, tre transmission of learning materials for formal and non-formal courses to 
learners nOf only within the Philippines, but also outside the country. 
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SEC. 14. Tax Incentives. - Any donation, contribution, bequest and grant, andlor 
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in cash or services which may be made by individuals, groups and organizations, 
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including but not limited to private entities such as private schools, broadcasting 
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companies, telecommunications networks and others which shall provide appropriate 
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materials, time and delivery support services for the promotion of open learning and 
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distance education in partnership with higher education institutions delivering academic 
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degree programs through distance education, shall be allowed to be fully deductible 
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from gross taxable income of the donor for income tax purposes and shall be exempt 
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from donorls' tax and subject to such conditions as provided under the National Internal 
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Revenue Code, as amended. 
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SEC. 15. Implementing Rules and Regulations. - The Commission on Higher 
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Education, through its Technical Panel for Distance Education, and the Technical 
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Education and Skills Development Authority, in consultation with relevant stakeholders 
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in higher and technical education, are hereby mandated to formulate the rules and 
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regulations to implement this Act within a period of ninety (90) days from the effectivity 
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thereof. 
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SEC. 16. Appropriations. - For the initial implementation of this Act, the amount 
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of P150 Million (P150,000,000.00) shall be allocated from the President's Social 
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Development Fund or from other sources, to the CHED, TESDA and the UPOU in this 
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proportion: forty percent (40%), forty percent (40%) and twenty percent (20%) share, 
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respectively. Thereafter, such funds necessary for the continuous implementation of this 
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Act shall be included in the respective budgetary allocations of the CHED, TESDA and 
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the UPOU in the annual General Appropriations Act. 
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SECI17. Separability Clause. - If any provision of this Act or any part thereof be 
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declared unconstitutional or invalid, the same shall not affect the validity of the other 
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provisions of this Act. 
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SEC. 18. Repealing Clause. - All laws, decrees, orders, rules and regulations or 
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parts thereof which are inconsistent with the provisions of this Act are hereby repealed, 
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amended or modified accordingly. 
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SEC. 19. Effectivty. - This Act takes effect fifteen (15) days after its publication in 
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the Official Gazette or in at least two newspapers of general circulation. 
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Approved, 
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