Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City, Metro Manila

THIRTEENTH CONGRESS
FIRST REGULAR SESSION

HOUSE BILL NO. 1%

Introduced by HONORABLE EDCEL C. LAGMAN

EXPLANATORY NOTE

It is indisputable that the development of a nation is in the hands of its People. As
Professor Frederick Harbison of Princeton University correctly pointed out :

Human resources . . . constitute the ultimate basis for wealth of
nations. — Capital natural resources are passive factors of
Production; human beings are the active agents who accumulate
capital, exploit natural resources, build social, economic and political
organizations, and carry forward national development. Clearly, a
country which is unable to develop the skills and knowledge of its
People and to utilize them, effectively in the national economy will be
unable to develop anything else.

Needless to stress, manpower development through education deserves to be given
Premium by the State. Hence, Section 1, Article XIV of the Constitution mandates the State to
“.... protect and promote the right of all citizens to quality education at alll levels and ... take
appropriate steps to make such education accessible to all.”

Students equipped with a nationalist and relevant education are an invaluable moving
force in a progressive social transformation. It is, however, lamentable that on many campuses
Obtaining conditions hinder effective acquisition of relevant knowledge and skills as students
rights are violated with impunity.

This proposed Magna Carta of Students, therefore, seeks to respect, protect and fulfill
the rights of students in the secondary, post-secondary, graduate and post-graduate courses.

Among the salient features of this bill are:

Student representation in the governing board and other policy-making bodies of the

school;

Creation of a multi-sectoral School Fee Board;

Right to organize and run an autonomous student council or government;

Right to publish and circulate an independent school paper;

._ Right to admission without undue discrimination;

. Right to take periodic examinations even if a student has not paid the amount due provided
it does not exceed two installments;

7. Non-militarization of the campus;

8. Right to due process in disciplinary proceedings;

9. Right to adequate academic and welfare services consistent with the economic capacity of

the school;
10. Criminalization of violations of the rights guaranteed in the Magna Carta of Students.

PAdwWN

Despite the good intentions of the aforementioned provisions, it is deplorable that the
Magna Carta of Students has been assailed due to deliberate misinformation and baseless fears.


Contrary to the claims of uitra-militant student groups, the creation of the School Fee
Board will not institutionalize tuition increases. What it will institutionalize is democratic and
genuine consultation in order to prevent unjustified school fee increases. If the school owners
Cannot present valid documents to justify proposed fee increases then the School Fee Board has
the right to deny their proposal. The board is tasked to deliberate on school fee “adjustments”
which could be a proposal either to hike or roll back the fees,

Ultra-militant students should understand that Congress cannot legislate against or

Prohibit school fee increases which are subject to market forces or economic variables beyond
the control of lawmakers.

The fear of ultra-militant students that the establishment of one supreme or central
Student council on one campus seeks to abolish local college councils is absolutely unfounded.
The local college councils will continue to co-exist with the supreme or central student council,
The bill even provides that the student representative in the governing board shall be the
chairman of the student council or any designated representative chosen by the heads of
various local college student councils.

Students, according to radical campus activists, do not need laws or legislators for
students to protect and promote their rights and welfare. The Magna Carta of Students is
Rot for the very few radical campus activists. It is for the overwhelming majority of students
many of whom are not even aware of their rights, Moreover, the bill does not only guarantee
the exercise of these rights. It imposes criminal sanctions on their violations.

The Magna Carta of Students will penalize the violators of the rights of all students --
whether radical, moderate or uninvolved. It will make democracy on the campus a reality for
the benefit of all students and other sectors of the academic community.

To allay the fears of schoo! administrators and parents, the Magna Carta of Students
will not breed a class of student warriors.

There is campus unrest if students’ rights are transgressed.

There is campus unrest when students are summarily dismissed; when peaceful student
assemblies are forcefully or violently dispersed; when student leaders are arrested without
justifiable cause; when schoo! policies adversely affecting students are unilaterally formulated
and arbitrarily imposed on the students; when students are not allowed to organize student
Councils and are prohibited from publishing school papers; when tuition and other school fees
are exorbitantly increased without prior consultation with students and their parents; when
Student activists are truncheoned, beaten up and detained inside the school's security
detachment; when military detachments are installed on the campuses.

The Magna Carta of Students envisions an academic Community free of all these
violations that trigger student mass protests. With the exercise of students’ rights protected
and respected, peace and harmony will reign on the campus.

Accordingly, approval of this measure is earnestly sought.

———


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City, Metro Manila
THIRTEENTH CONGRESS
FIRST REGULAR SESSION

HOUSE BILL NO. 17

Introduced by HONORABLE EDCEL C. LAGMAN
as SSSSSSSSSSS—

AN ACT
PROVIDING FOR A MAGNA CARTA OF STUDENTS

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

SECTION 1. Title. - This Act shall be known as the Magna Carta of Students.
CHAPTER I
GENERAL PRINCIPLES

SEC. 2. Declaration of Policy, - It is the policy of the State to protect and promote
the physical, mental, spiritual, intellectual and social well-being of the youth. Toward this end,
educational institutions shall inculcate in them patriotism and nationalism, encourage critical
and creative thinking, strengthen ethical and spiritual values and teach the rights and duties of
citizenship.

The State shall promote the right of all citizens regardless of sexual orientation, age,
creed, socio-economic status, physical condition, political or other affiliation to relevant and
quality education at all levels.

The State shall protect and promote 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:

(2) The educational system being the principal institutional mechanism for
imparting knowledge and developing skills shail be given priority attention and support by the
government.

(b) Education is a right and not a mere privilege. It is therefore the responsibility of the
State to provide quality education accessible to all.

(c) Student organizations enhance democratic processes on the campus.
Membership and active participation in student organizations, alliances and federations which
Promote and protect students’ rights and welfare and/or contribute to national development
shall be guaranteed by the State and school authorities.

(q) Student organizations shall not be subject to rules and regulations that unduly
hamper their activities and are prejudicial to their objectives and interests.

(@) Student councils/governments being the most representative of the studentry
and the highest expression of student power on the campus shall have the right to participate
in the formulation of schoo! policies directly affecting students.


(f) Student publications shall serve as a principal medium for free expression,
dissemination of information, and interaction among the different sectors of the academic
community.

(g) With their democratic rights guaranteed, students can serve as a potent and cogent
force in the country’s nationalist 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 the secondary, post secondary tertiary,
graduate and postgraduate levels, including those enrolled in 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.

(©) “Schoo! campus" - the totality of all contiguous or proximate buildings, grounds and
other facilities designated by the school authorities as areas or facilities for the use of their
students.

(@) "Governing Board" - the highest policy making body of the school such as: Board of
Directors, Trustees or Regents.

(e) "Student Council/Government” - 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.

(A) "Council of Leaders" - the body composed of the heads of various student
organizations chaired by the President/Chairman of the Student Council.

(g) "Tuition" - 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
RIGHT TO ADMISSION AND QUALITY EDUCATION

SEC. 5. Admission. - (a) No student shall be denied admission to any school on
account of his/her physical handicap, socio-economic status, political or religious beliefs,
sexual orientation or membership in student organizations, nor shall pregnant students,
Certified reformed drug abusers and those suffering from the acquired immune deficiency
syndrome. be discriminated against.

Failure of or refusal by a student to sign waiver documents prepared by the school
administration shall not constitute a ground for his/her non-admission.

(b) A student shall have the right to freely choose his/her fields of study subject to
existing curricula and to continue his/her course up to graduation except in case of academic
deficiency 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 relevant to
his/her personal and cultural development and that of the nation.

There shall be at least one student representative in the body or committee which
screens incoming faculty members. He/she or they shall be regularly elected and endorsed by
the Student Council to the school official authorized to appoint the members of the screening
body or committee.

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 Welfare Services and Academic Facilities. - It shall
be the responsibility of the school administration to provide the students with adequate welfare
services and academic facilities relative to the financial capacity of the school.

School authorities shall endeavor to provide free annual physical check-up to students.
It shall be the responsibility of schoo! authorities to provide students with adequate laboratory,
library, research, recreation and physical education facilities.

It shall be the responsibility of the schoo! administration to promptly notify students
concerned of letters and other communications it receives in behalf of the students.

CHAPTER IIT
RIGHT TO ORGANIZE

SEC. 8. Right to Organize Among Themselves. - Unity and collective effort being
fundamental to the realization of common goals and the promotion and protection of common
interests, the State recognizes the right of students to organize among themselves.

The right of students to form, assist, or join any organization, alliance or
federation for their physical, intellectual, moral, cultural, civic, spiritual and political
interests shall not be abridged. Pursuant thereto, the practice of making students sign waiver
documents which state that they are not members of and will not join a specified
organization before being allowed to enrol! is hereby prohibited.

SEC. 9. Student Council/Government. - The State shall ensure the existence of
democratic and autonomous student councils/governments. Pursuant thereto, there shall be
One supreme/central student council/government 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 council/government shall
have the right to determine its policies and programs on student activities subject to its duly
Fatified charter or constitution and to school rules and regulations provided the same do not
Infringe on the rights guaranteed by this Act.

SEC. 10. Accreditation of and Granting of Privileges to Student Organizations. -
No unreasonable requirements shall be imposed on student organizations seeking recognition.

Accreditation shall be granted upon the submission by the organization concemed of its
(1) concept paper and constitution, and (2) a formal letter addressed to the student council
stating the organization's intent to be accredited.

At the tertiary level, the student council in coordination with the school student affairs
Office shall take charge of the accreditation of student organizations. The guidelines concerning
accreditation shall be formulated jointly by the student council and the council of leaders
composed of the heads of the different student organizations. The student council shall
oversee the implementation of these guidelines and mediate in instances of conflicts.

There shall be no discrimination in the assignment of school facilities and the granting of
other privileges to student organizations. The school administration shall endeavor to provide,
free of charge, a hall or building to house the offices of the different student organizations
within the premises of the school.

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. 11. Coordination of Student Organizations’ Activities. - All on and off
campus activities of student organizations shall be coordinated by the student
‘council/government.


The Committee on Elections (COMELEC) constituted to conduct the election of the
Officers of the student council/government shall be composed solely of bona fide students 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 of Excessive Fees. -
All campus organizations shall be prohibited from using force in the initiation of and exacting
excessive fees from their members as well as in their other student activities.

CHAPTER IV
RIGHT TO PARTICIPATE IN POLICY MAKING

SEC. 13. Participation in Policy-Making Process. - (a) There shall be a student
representative in the Governing Board of the school. The chairman/president of the student
council or any designated representative chosen by the heads of various local college student
councils shall be the student representative and shall have the same rights as those of a
regular member; provided, that his/her privileges shall be limited to reimbursements
for actual expenses incurred in attending meetings. The same rights shall be granted to the
secondary level.

The students shall also be represented in other policymaking bodies which directly affect
thelr welfare, especially in curriculum drafting, review and revision, student discipline, and
academic standards. The representatives shall be designated by the student council.

(b) Representatives of national student organizations shall actively participate and
Possess voting powers in the formulation of national policies by governmental agencies on
Matters affecting students’ rights and welfare including tuition.

SEC. 14, Students’ Initiative and Referendum. - The student council/government
through a majority vote of all its members 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 the votes cast by all the bona fide students of the
school in a referendum called for the purpose.

SEC. 15. Right to File an Appeal. - The student council/government through a
Majority vote of all its members shall have the right to file an appeal on a decision of any
policymaking body subordinate to the governing board. Such appeal shall be filed with the
governing board.

The student council/government with the same requisite number of votes referred
to in the previous paragraph may file a motion for reconsideration on any decision of the
governing board.

In case of any decision unfavorable to the students, the Student Council may file an
appeal with the Department of Education (DepEd), the Technical Education and Skills
Development Authority (TESDA) and the Commission on Higher Education (CHED), insofar as
the secondary, post-secondary technical-vocational, and tertiary students, respectively, are
concerned.

All appeals and motions for reconsideration referred to in the previous paragraph must
be filed within thirty (30) calendar days from date of notice of decision.

‘SEC. 16. On the Matter of School Fees. - Within thirty (30) days from the start of a
school year the governing board of every school shall create a body to be known as the School
Fee Board which shall study, conduct consultation and thereafter recommend on tuition and
other school fee adjustments. At the tertiary level this body shall be composed of an
equal number of representatives from the administration, academic and nonacademic


Personnel, parents/guardians, students and alumni associations. These representatives shall
Choose a chairperson from among themselves. Greater representation shall be given to parents
than to students in the secondary level.

In justifying any tuition and/or school fee increase before the School Fee Board, the
school concerned shall be required to present the school’s financial statements for the last five
(5) years immediately preceding the proposal for such increase. Refusal of the schoo!
administration to show its books and records for inspection by the School Fee Board shall mean
automatic denial of its proposal for increases.

The School Fee Board shail not act on a proposal to increase school fees unless the
students and their parents are consulted at least one hundred twenty (120) days before the
school year, semester or term in which the increase is to be effected.

In the event the decision of the School Fee Board is not favorably acted upon by the
school governing board, the latter's decision may be appealed by any affected member of
the school community to the appropriate education agencies within (30) days from date of
notice of decision.

No student or parent shall be required to sign any contract or agreement respecting
adjustments in tuition and other fees as a condition for enrollment or for any other purpose.

For purposes of this section, "Consultation" shall mean dissemination of adequate
information relative to tuition and other school fees, the increases thereof, objections thereto,
or the justifications therefor and shail include but not be limited to the holding of meetings
and hearings as may be necessary to ventilate the tuition and other fee issues. Pursuant
thereto, all meetings or hearings conducted for consultation purposes shall be properly
documented and circulated.

CHAPTER V

RIGHT TO FREE EXPRESSION AND INFORMATION
AND RIGHT TO ACADEMIC FREEDOM

SEC. 17. Right to be Informed. - The right of the students to information on matters
directly or Indirectly affecting their welfare shall be recognized. Access to official records and
other pertinent documents and papers pertaining to official acts, transactions or decisions shall
be afforded the students subject only to reasonable regulations that may be imposed such as
time for examining the documents and other papers to prevent loss or damage of the same.

SEC. 18. Freedom of Expression. - Subject to existing laws, students shall have the
right to freely express their views and opinions. They shall have the right to peaceably
assemble and petition the government and school authorities for the redress of their
grievances. Pursuant thereto, no school regulation shall be imposed violating or abridging the
students’ right to assembly.

Students shall have access to print and broadcast media in their information activities.
‘They shall also have the right to print, circulate and/or mount leaflets, newsletters, posters, wall
news, petitions and such other materials. Pursuant thereto, the schoo! authorities shall ensure
the provision of facilities such as bulletin boards for the mounting of the aforementioned
materials.

School authorities may designate a certain area on every campus as a freedom park
where students, can freely discuss issues directly and indirectly affecting them.

SEC, 19. Student Publications. - Students shall have the right to publish student
Newspapers and other similar publications, print in their pages materials which they deem
in pursuance of their academic freedom and freedom of expression in accordance with
Republic Act No. 7079, otherwise known as the “Campus Journalism Act of 1991." Pursuant


thereto, no individual who is not a staff member of the student publication shall determine its
Content. The role of the faculty adviser in a student newspaper shall be limited to technical
guidance.

‘The selection of the student editor-in-chief and his/her staff shall be made by
annual fair and competitive examinations to be administered by an impartial Board of
Judges.

The editorial staff shall observe the ethics of professional journalism. It shall be the
responsibility of the editorial staff to ensure that the student paper is not used for purposes
contrary to law.

The editor/editorial staff shall, unless sooner removed for cause and with due process,
be assured of security of tenure for the duration of his/her/its prescribed term.

SEC. 20. Academic Freedom. - Students’ academic freedom shall consist of, but not
limited to, the following rights:

(2) To conduct researches in connection with academic work, and to freely discuss and
publish their findings and recommendations;

(b) To conduct inquiry within the campus in curricular and extracurricular activities;

{c) To choose a field of study 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 or the educationa! system;

(q) To invite off-campus speakers or resource persons to student-sponsored assemblies,

fora, symposia, and other activities of similar nature;

{e) To express contrary interpretations or dissenting opinions inside and outside the
classroom;

(f) To participate in the drafting of a new curriculum and in the review or revision of the
old;

(g) 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; and

(h) Tobe free from any form of indoctrination leading to imposed ideological
homogeneity.

CHAPTER VI
RIGHT TO DUE PROCESS IN DISCIPLINARY PROCEEDINGS

SEC. 21. Right to Due Process. - (a) A student subject to disciplinary proceedings
shall have the right to defend himself, tobe heardand to present evidence on
his behalf before an impartial body. There shall be a Student Disciplinary Board to be composed
of one (1) representative from the school administration, two (2) faculty members, and two (2)
students to conduct investigations into and decide on cases of student violations of disciplinary
standards. Both the faculty and the student representatives shall be endorsed by the student
‘council/government.

(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 and accorded the student:

(1) The right to be informed in writing of the nature and cause of the accusation against

him/her;

(2) The right to confront witnesses against him/her and to full access to the evidence
in the case;

(3) The right to defend himself/herself and to be defended by a representative or
counsel of his/her choice, adequate time being given him/her for the preparation
of his/her defense;

(4) The 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 of
relevant and substantial evidence presented at the hearing, or at the least contained in the
record and disclosed to the student affected.

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 rendered 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 Office of the Guidance Counselor of the respective schools in consultation with
the Student Disciplinary Board shal! publish on a periodic basis acts which are deemed violative
Of 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 VII
OTHER RIGHTS

SEC. 22. Right Against Unreasonable Searches and Seizures. - Every student
shall be free from any from 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) Searches and seizures of illegal article or articles falling in the plain view of duly
authorized personnel;

(©) 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 schoo!'s rules and regulations;

(e) Searches made with a valid search warrant.

Articles seized in violation of the hereinabove provided rights shall not be used as
evidence against the student in any disciplinary action that may be brought against him/her.

SEC. 23. Access to School Records and Issuance of Official Certificates. -
Subject to the provision of the following section, every student shall have access to his/her own
school records, the confidentiality of which the school shall maintain. He/She shall have the
right to be issued official certificates, diplomas, transcripts 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. 24. Unpaid Tuition Fees and Examinations. - No student shall be prohibited
from taking a periodic or final examination because of unpaid tuition and other school fees not
exceeding two (2) installments 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 concemned to withhold the release or
issuance of such students’ school records or of the documents mentioned. in the preceding
section or to deny such students admission to the next succeeding semester or year until the
Prior delinquencies are fully paid.


SEC. 25. Security of Tenure. - It shall be the right of students to finish their entire
courses of study ina given school, except in cases of academic deficiency or violation of
disciplinary regulations.

In cases wherein the school authorities refuse to allowa student to enroll for the
subsequent semester or year due to the causes hereinabove stated, the student may appeal
such ruling to the appropriate education agency

SEC. 26, Prohibition Against Involuntary Contributions. - Except those approved
by their own student organizations, all involuntary contributions shall be prohibited.

SEC. 27. Collection of Student Paper and Student Council Fees. - The school
administration shall assist the student paper staff and the student council/government, in
thelr financial needs through the collection of student paper and student council fees from the
students.

The student paper fees shall be held in trust for their unhampered use 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. 28. Privacy of Communication. - The privacy of communication and
Correspondence among students shall remain inviolable.

SEC. 29. Scholarship Grants and Privileges. - Opposition to schoo! policies inimical
to students’ interest shall not be a ground for denying or withdrawing scholarship grants and
privileges to deserving students.

SEC. 30. Right to Adequate and Safe Housing/Dormitory Facilities. - The State
and the respective school authorities shall endeavor to provide the students adequate, safe
and clean housing facilities.

SEC. 31. 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 school campus.

SEC. 32. Firearms Ban. - Students shall not be allowed to carry firearms inside the
school campus.

They shall_be required to deposit such firearms with the school security force prior
to their entry to the school premises.

CHAPTER VIII
FINAL PROVISIONS

SEC. 33. Rules and Regulations. - Within ninety (90) days from the approval of this
Act, the DepEd, TESDA, and CHED together with the representatives of national student
organizations, representatives of school administrations and the National Youth Commission
(NYC) shall promulgate the necessary rules and regulations to implement the provisions of this
Act.


SEC. 34. Administration and Enforcement. - National student organizations and
student councils/governments shall have the right to report to and demand an investigation
from the appropriate education agency into any act or acts committed by school authorities
and/or administrations violative of their right as provided in this Act. As such, they shall
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 cause the
Suspension or cancellation of the license to operate of said erring school. To protect the
interests of the students, the State shall, during the period of suspension or upon the
cancellation of license, and unless restrained by the proper Court, take over the operation of
the school.

SEC. 35. Penal Provisions. - Any person who shall willfully interfere with, restrain or
‘coerce any student in the exercise of his/her 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 (P10,000.00) 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 and imprisonment at the discretion of the Court,

If the offender is an educational 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 shall, after service of sentence, be
immediately without further proceeding in the Bureau of Immigration (BI). If the offender is a
public officer or employee, the Court shall, in addition to the penalties hereinabove
provided, order his dismissal from the government service.

In this regard, the CHED, and the TESDA shall be empowered to investigate into the
violations of this Act or the rules and regulations issued thereunder and for this purpose shall
have the power to issue summons, writs, orders, subpoena and subpoena duces tecum
to secure the attendance of witnesses and the production of documents in connection with the
charges presented to the appropriate body.

In addition to the penalties herein provided, the license to operate of the school
concerned may be suspended or canceled by the DepEd, TESDA, or CHED in accordance with
Section 35 of this Act. The decision of these education agencies may be appealed to the proper
court,

SEC. 36. 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. 37. Repealing Clause. - All laws, decrees, orders, rules and regulations or other
issuances or parts thereof inconsistent with the provisions of this Act are hereby repealed or
modified accordingly.

SEC. 38. Effectivity. - This Act shall take effect upon its approval.

Approved,