Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

Fifteenth Congress
First Regular Session

1247 .
COMMITTEE REPORT NO.

Submitted by the Committee on Higher and Technical Education on

Re: House Bill No,__ 4883

_ Recommending its approval, in substitution of House Bill Nos. 400, 835 & 1660

Sponsors: Representatives Juan Edgardo M. Angara and Mark A. Villar

22uN zon

Mr. Speaker:

‘The Committee on Higher and Technical Education, to which were referred:
House Bill No. 400, introduced by Rep. Juan Edgardo M. Angara, entitled:

“AN ACT TO REQUIRE AN INDEPENDENT EVALUATION OF DISTANCE
EDUCATION PROGRAMS”;

HB No. 835, introduced by Rep. Mark A. Villar, entitled:

“AN ACT TO IMPROVE ACCESS TO EDUCATION THROUGH OPEN
LEARNING AND DISTANCE EDUCATION IN POST SECONDARY AND
TERTIARY LEVELS IN THE PHILIPPINES, APPROPRIATING FUNDS
THEREFOR AND FOR OTHER PURPOSES”; and

HBNo. 1660, introduced by Reps. Rufus B. Rodriguez and Maximo B. Rodriguez, entitled:
“AN ACT TO IMPROVE ACCESS TO EDUCATION THROUGH OPEN LEARNING
AND DISTANCE EDUCATION IN POST SECONDARY AND TERTIARY LEVELS
IN THE PHILIPPINES, APPROPRIATING FUNDS THERFOR AND FOR OTHER

4883

PURPOSES”

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

“AN ACT ie



TO EXPAND ACCESS TO EDUCATION THROUGH OPEN LEARNING AND
DISTANCE EDUCATION IN POST-SECONDARY AND TERTIARY LEVELS OF
EDUCATION, APPROPRIATING FUNDS THEREFOR AND FOR OTHER

PURPOSES *

be approved in substitution of House Bill Nos. 400, 835 and 1660 with
Representatives Mark A. Villar, Rufus B. Rodriguez, Maximo B. Rodriguez, Juan Edgardo M.
Angara, Marcelino C. Teodoro, Luis R. Villafuerte, Mark Aeron H. Sambar, Aurora Enerio-
Cerilles, Maria Carmen Zamora-Apsay, Tomas V. Apacible, Jane T. Castro, Joseph Victor G.
Ejercito, Salvador H. Escudero Ill, Monique Yasmin Q. Lagdameo, Jocelyn S. Limkaichong,
Mel Senen S. Sarmiento and Jerry P. Trefias as authors thereof.

Respectfully sgBmitted,
JUAN EDG. 10 ;ARA
Chairman

Committee on Higher
& Technical Education

THE HONORABLE SPEAKER.
HOUSE OF REPRESENTATIVES
Quezon City



7

Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

FIFTEENTH CONGRESS
First Regular Session

883

HOUSE BILL NO.

(in substitution of House Bill Nos. 835, 1660 & 400)

Introduced by: REPS. MARK A. VILLAR, RUFUS B. RODRIGUEZ, MAXIMO B.
RODRIGUEZ, JR., JUAN EDGARDO M. ANGARA, MARCELINO R. TEODORO, LUIS R.
VILLAFUERTE, MARK AERON H. SAMBAR, AURORA ENERIO-CERILLES, MARIA
CARMEN ZAMORA-APSAY, MARIANO U. PIAMONTE, TOMAS V. APACIBLE, JANE T.
CASTRO, JOSEPH VICTOR G. EJERCITO, SALVADOR H. ESCUDERO Ill, MONIQUE
YASMIN Q. LAGDAMEO, JOCELYN S. LIMKAICHONG, MEL SENEN S. SARMIENTO

AND JERRY P. TRENAS

AN ACT
TO EXPAND ACCESS TO EDUCATION THROUGH OPEN LEARNING AND DISTANCE
EDUCATION IN POST-SECONDARY AND TERTIARY LEVELS OF EDUCATION,
APPROPRIATING FUNDS THEREFOR AND FOR OTHER PURPOSES

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 “Open Learning and
Distance Education Act of 2011.”

SEC. 2. Declaration of Policy. ~ It is hereby declared the policy of the State to
expand and further democratize access to quality education at the post-secondary
and tertiary levels through the promotion and application of open learning as a
philosophy of access to educational services, and the appropriate, efficient and
effective implementation of distance education as a system of delivering quality
post-secondary and tertiary educational services in the country.

SEC. 3. Coverage. This Act shall apply to public and private higher education
institutions (HEIs) and post-secondary technical/vocational schools in the
Philippines which have existing open learning and distance education programs,
and to other tertiary and technical/vocational institutions which shall later be
authorized as qualified implementors of open learning and distance education

programs.

i pt
SEC. 4. Definition of Terms. - For purposes of this Act, the following terms are

18 hereby defined:
9

(a) Open Learning ~ refers to a philosophy of learning that is quality-
assured, open to people, methods, places and ideas, and is highly
flexible and learner-centered, enabling the latter to learn at the
time, place and pace which satisfy the person's circumstances and
requirements;



When

ewer.

10
i
12
B
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
47
48
49
50
51
52
33
34

55

(b) Distance Education - refers to a mode of educational delivery

——and the instruction is delivered through specially designed
materials and methods using appropriate technologies and
learning management systems and 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;

(c) Open University/College/Institution — refers to a higher education
institution
that is a separate, autonomous, and degree-granting academic
entity which employs operational procedures and strategies of an
open learning institution;

(d) Center/institute/School of Distance Education — refers to a
subsidiary of a higher education institution (HEI) which offers
distance education programs, but is not qualified to be called an
Open University, and whose degrees are awarded by the HEI;

(e) 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 (CHED)and the Technical Education and Skills
Development Authority (TESDA);

(f) Tertiary Education — refers to the higher learning level after high
school offering baccalaureate, graduate or post-graduate
programs;

(g) Post-Secondary Education - shall refer to non-degree technical-

vocational programs accredited by TESDA; and

(h) Technical-Vocational Programs - refers to post-secondary
certificate courses, officially recognized as non-degree programs
aimed at preparing technicians, paraprofessionals and other
categories of middle-level workers by providing them with a broad
range of general education, theoretical, scientific and technological
studies, and related job skills training.

SEC. 5. Institutionalization of Distance Education. - Distance education is
hereby institutionalized in the Philippines in accordance with the provisions of this
Act. Due diligence is likewise encouraged in seeing to it that equivalence or
comparability with existing standards in both the traditional/residential or alternative
education systems is ensured.

SEC, 6. Admission and Other Academic Policies and Requirements. — —

Admission and other academic policies and requirements in HEls offering tertiary
education through distance education programs shall be governed by a set of
policies, standards and requirements set for tertiary education by duly authorized
academic bodies such as Board of Regents/Trustees, University/Faculty Councils,
and/or the Commission on Higher Education, and for technical-vocational courses
in the post secondary level by the Technical Education and Skills Development
Authority such as, but not limited to, the following:

whereby the teacher and learner are separated in time and space, -_


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i

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Sosianka

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wey
RSSe

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38

46

48 but

by the HEI or post.

(a) Completion of secondary education;

{b) Passing an entrance examination given
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.

SEC. 7. Program, Curriculum and Course Development Offerings and

Requirements. — Course offerings and programs of distance education schools
should be comparable in standards, practice and policies to other HEIs. Curricula,
requirements for admission and graduation should also be at par with traditional or
conventional systems, and should similarly be subject to regulations by appropriate
authorities like CHED or TESDA.

There shall be defined a set of courses/subjects and/or examinations, and/or

special projects and activities, the completion of which shall be required. for
graduation from the academic degree program, and which shall be equivalent to
those under the conventional mode of instruction. The following shall also be

considered:

(a) The place, pace, and mode of study of the student shall be at the option

and convenience of the student within the time frame as may be
prescribed by the learning institution: Provided, That, the content,

context and conduct of examination shall be determined by the

institution;

(b) The institution concerned shall formulate and implement a mechanism to
monitor the academic progress of the students;

(c) The curricular offerings using the open learning philosophy which are
offered through the distance education mode shall conform to respective
policies, standards, and guidelines for distance education of CHED and
TESDA;

(4) Completion of all the requirements for the academic program shall be
evidenced by the award of the appropriate academic degree; and

(e) 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.

SEC. 8. Mode of Delivery. Open Learning/Distance Education may be delivered

47 using information and communications technology and other approaches, such as

49 not limited, to the following:

50
51 (a) Print - textbooks, study guides, workbooks, course syllabi,

52 correspondence feedback, and other print formats;

33

54 (b) Audio-Visual — radio, audio cassettes, slides, film, videotapes,
55



52
53
54
55

(c) Eléctronic/Computer Technology and Virtual Classrooms — CD-ROM,
electronic mail, e-bulletin boards, world-wide web, podcasts, m-
learning, i-lectures, e-learning or online learning management systems; and

(d) Face-to-face sessions — conducted in learning and study centers.

SEC. 9, Support to Open Learning and Distance Education Programs. - The
CHED, TESDA and the University of the Philippines Open University (UPOU) shall
provide support to higher education institutions and post secondary schools in
developing and providing high quality programs and offerings in open, distance and
online learning. This support includes, among others:

(a) Training of qualified teachers, providers and other professionals;

(b) Curriculum, courseware and program development;

(c) Cyber infrastructure planning, resource sourcing and implementation;

(d) School operations and management planning and development,
including support services, learning management systems,
instructional design and development, and research on emerging
technologies; and

(e) Institutional linkages and networking.

SEC. 10. Support to Students. - Any student enrolled in open learning and
distance education programs under the auspices of this Act shall have access to all
privileges, opportunities and entitlements that a student similarly situated under the
conventional system of instruction may have access to, including, but not
necessarily be limited to, availment of scholarships, grants, and loans from the
government or government-administered funding sources. Specifically, HEIs and
post-secondary schools engaged in open learning and education programs shall be
tasked to perform the following student support services:

(a) Provide clear admission policies and procedures for applicants;

(b) Maintain faculty-student dialogue and interactivity through virtual
classrooms linked electronically or through established learning
centers or both, whichever may be feasible, to ensure greater
knowledge sharing, access to counseling and other support services;

(c) Provide for an efficient and reliable communication system, feedback
mechanism, especially on learners’ academic progress, and

multimedia support;
(d) Show evidence of regular monitoring of learners’ progress; and

(e) 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. The
University of the Philippines Open University, hereinafter referred to as the UPOU,
shall be designated as the National Open University. As such, it shal

4

— —— —-



{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;

(c) Share knowledge through informed and innovative research and other
development activities related to distance education through its exemplar
policies, programs, materials, learning management systems guidelines

FS om vw awawo

12 and offerings;
13

14 (d) Provide technical assistance to CHED and TESDA on matters relating to
15 distance education policies, guidelines and standards, particularly in
16 implementing an accreditation system for open learning and distance
17 education programs and institutions in the country;

18

19 (e) Design model curricular programs which shall serve as prototype
20 programs upon which similar programs to be offered by other HEls in the
21 country shall be patterned after;

22

23 (f) Develop and promote appropriate information and communication
24 technologies to facilitate quality open learning and distance education
25 programs in the country;

26.

27 (g) Design and produce quality learning materials and objects, both in print
28 and multimedia formats, for higher education and post-secondary
29 instruction in the country;

30

31 (h) Make instructional materials for distance education programs accessible
32 to the public through collaborative arrangements and other appropriate
33 mechanisms;

34

35 (i) Assist other interested educational institutions in developing their
36 distance education programs, courses, and materials for specific learner
37 groups or the public at large; and

38

39 (j) Design and implement a continuing program to develop high level
40 expertise in the fields of open learning and distance education in the
41 Philippines through quality formal academic degree programs and non-
42 formal courses through either or both distance and face-to-face modes of
43 instruction and training; and

44

45 (k) Help capacitate distance education teachers and practitioners through
46 capacity building and professionalization programs.

47

48 SEC. 12. Roles of the CHED and the TESDA. - The CHED and the TESDA shall

49 be the respective regulators of HEIs and post-secondary schools involved in open
50. learning and distance education. As such, they shall: i

51

52 (a) Formulate, promulgate, disseminate and implement the necessary

33 policies, standards, guidelines, rules and regulations. for the effective

54 implementation of distance education in the country;

55 |
t



39

(b) 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;

(c) 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
for distance education in the country;

(d) Review and approve or disapprove proposals from higher education
institutions for the implementation of new distance education programs;

and
(e) 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. Roles of Broadcast Media and Telecommunications Networks. —

20 Broadcast media and telecommunications networks are encouraged to provide as
21
22

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, the transmission of learning materials for formal and non-
formal courses to learners not only within the Philippines, but also outside the

country.

SEC. 14. Independent Evaluation. - In aid of better policy making, the CHED
and TESDA shall enter into an agreement with the Department of Science and
Technology (DOST) and other reputable research institutions to conduct an
independent evaluation of the state, regulatory governance, quality, concerns,
challenges and prospects of open learning and distance education in the
Philippines. It shall survey a diverse group of HEIs with respect to size, mission and
geographic distribution.

SEC. 15. Interim and Final Report. The agreement under Section 14 shall
require that the DOST submit to the CHED Chair and the TESDA Director-General,
the Senate Committee on Education, Culture and the Arts, and the House Committee
on Higher and Technical Education the following:

(a) An interim report regarding the evaluation under Section 14 not later
than six (6) months after the date of enactment of this Act; and

{b) A final report regarding such evaluation not later than one (1) year
after the date of the enactment of this Act.

SEC. 16. Tax Incentives. - Any donation, contribution, bequest and grant, in
cash and/or services which may be made by individuals and organizations,
including, but not limited, to private entities such as private schools, broadcasting
companies, telecommunications networks which shall provide appropriate
materials, time and delivery support services for the promotion of open learning and
distance education in partnership with HEIs delivering academic degree programs
through distance education, shall be exempt from the donor's tax and the same
shall be considered as allowable deduction from the gross income in the
computation of the income tax of the donor in accordance with the provisions of the
National Internal Revenue Code of 1997, as amended.

AK


COA

SEC. 17. Implementing Rulés and Regulations. - The CHED, through its
Technical Panel for Distance Education, the Technical Education and Skills
Development Authority, and the UPOU, in consultation with relevant stakeholders in
higher and technical education, are hereby mandated to formulate the rules and
regulations to implement this Actwithin a period of ninety (90) days from the

effectivity thereof.

SEC. 18. Appropriations. - The amount necessary to carry out the provisions
of this Act shall be included in the respective budget of the CHED, TESDA, UPOU
and higher education institutions and post-secondary technical/vocational schools
which have existing open learning and distance education programs in the annual

General Appropriations Act.
SEC. 19. Separability Clause. - If any provision of this Act or any part thereof
be declared unconstitutional or invalid, the same shall not affect the validity of the
other provisions of this Act.
SEC. 20. Repealing Clause. - All laws, decrees, orders, rules and regulations or
parts thereof which are inconsistent with the provisions of this Act are hereby
repealed, amended or modified accordingly.

SEC. 21. Effectivity. — This Act shall take effect fifteen (15) days after its
publication in a newspaper of general circulation.

Approved,



FACT SHEET

House BilfNo. 4883

(in substitution of HB Nos. 400, 835 & 1660)

AN ACT
TO EXPAND ACCESS TO EDUCATION THROUGH OPEN
LEARNING AND DISTANCE EDUCATION IN POST SECONDARY
AND TERTIARY LEVELS OF EDUCATION, APPROPRIATING
FUNDS THEREFOR AND FOR OTHER PURPOSES

Introduced by: Representatives MARK A. VILLAR, RUFUS B, RODRIGUEZ,
MAXIMO B. RODRIGUEZ & JUAN EDGARDO M. ANGARA

Committee Referral: COMMITTEE ON HIGHER AND TECHNICAL EDUCATION
Committee Chairperson: JUAN EDGARDO M. ANGARA

OBJECTIVES:

@ To expand and further democratize access to quality education at the
post-secondary and tertiary levels through the promotion and application
of open learning as a philosophy of access to educational services

© To implement distance education as a system of delivering quality post-
secondary and tertiary educational services in the country

KEY PROVISIONS:

© Provides for the institutionalization of distance education as a mode of
delivery of the open learning philosophy

© Outlines the admission and other academic policies and requirements,
program, curriculum and course development offerings and requirements
in HEls offering distance education programs, as well as support to open
learning and distance education programs and to students

© Declares the University of the Philippines Open University (UPOU) as the
national open university

© Defines the roles of UPOU, CHED, TESDA, broadcast stations and
telecommunications networks in the implementation of distance
education in the country

RELATED LAWS:



7

© Republic Act 7722 (CHED Charter)
@ RA7796 (TESDA Charter)

melanie



= Republic of the Philippines
HOUSE OF REPRESENTATIVES ees!
Quezon City

FIFTEENTH CONGRESS
First Regular Session

H.8.No,__400

Introduced by HONORABLE JUAN EDGARDO “SONNY” M. ANGARA.

EXPLANATORY NOTE,

‘The Constitution, Article XIV, Section 1 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 available to all. Towards this end, the State shall pursue means of
identifying and developing other ways to make education accessible to all.

‘There are six institutions accredited by the Commission on Higher Education to maintain
distance education programs. The trend for this type of education has been growing all over the
world, online and otherwise. With the advent of the information age through the World Wide
Web, this form of education can be a valuable tool in reaching out to the areas in our country
which do not have access to the campuses.

In order to effectively promote this method of leaming, we need be able to secure
additional information on this subject.

This bill seeks to commission the Department of Education and the Department of
Science and Technology to undertake a study that would generate sufficient date to guide the
executive branch of the government in making programs and enable us to provide better

legislation on this matter.



x ‘ag Hl .
(B) identification of distance and Eampus-based education program success, with respect

gia

to Stud

"4 u
undergraduate rates, and graduate and professional degree attainment rates, identification

of the types of students (including classification of types of students based on student
age)

(1) who most benefit from distance education programs;

(2) who most benefit from campus-based education programs; and

(3) who do not benefit from distance education programs,

SECTION 4. Scope. -.The Department of Science ‘and Technology shall select for
Participation in the evajuation under subsection (a) diverse group of institutions of higher

education with respect to size, mission, and geographic distribution.

SECTION 5. Interim and Final Report. - The agreement under Section 3 shall require *

that the Department of Science and Technology submit to the Secretary of Education, the Senate,
and the House of Representatives

(2) an interim report regarding the evaluation under Section 3 not later than six months
after the date of enactment of this Act; and

(2) a final report regarding such evaluation not later than one year after the date of

enactment of this Act. "

SECTION 6. Appropriations. — To carry. out the provisions of this Act, such amount as

hereby necessary shall be authorized to be appropriated from the National Treasury.
V

SECTION 7. Separability Clause. ~ If any provision ot part hereof, is held invalid or
‘unconstitutional, the remainder of the:law or the provision not otherwise affected shall remain

valid and subsisting.



SECTION 8. Repealing Clause. ~ Any law, presidential decree or issuance, executive

= 9 ee, ra a: re . s
Order, letter of instruction, administrative order, rule or regulation contrary to or is inconsistent

SECTION 9. Effectivity Clause. — This Act shall take effect fifteen (15) days after its

publication in at least two (2) newspapers of general circulation.

Approved,



CONGRESS OF THE PHILIPPINES
FIFTEENTH CONGRESS
First Regular Session *

HOUSE OF REPRESENTATIVES

House Bill No. 835

Invoduced by REP. MARK A. VILLAR

EXPLANATORY NOTE .

Section 1, Ariicle XIV of the 1987 Constitution mandates that the Stale shiall “
promote the right of all ctizens to quality education at all levels, and shall take appropriate steps-to-
make such education accessible to all. The Consfitution 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-formal,
informal and indigenous leaming systems, as well as self-leaming, independent, and out-of-school
study programs pariculary those that respond to the community levels (Sec. 2, ArtXIV, 1967

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 educalion. 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 seading
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
lovepaying jobs to help in the upkeep of their families.

The Open Leaming and Distance Education could be a suitable response to-this reality.
Unlike traditional education in which one goes to school regularly to meet teachers and
classmates, a student availing himself or herself of distance leaming 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 leaming 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. 3

This bill seeks to strengthen and regulate the offering of open learning and distance

education in the country. This modem delivery of education 1o 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 thé efficient implementation of the-system-as-enunciated-in-the—

bill are followed, open leaming and distance education could well serve as effective ertgines to

develop our people and nation.
With the foregoing discussion, | earnestly recommend the early approval of the bill

MARK A. VILLAR -
Representative, Lone District of Las Pifias City



- CONGRESS OF THE PHILIPPINES
FIFTEENTH CONGRESS
First Regular Session

HOUSE OF REPRESENTATIVES

House Bill No. 839

Introduced by REP. MARK A. VILLAR

AN ACT TO IMPROVE ACCESS TO EDUCATION THROUGH OPEN LEARNING

AND DISTANCE EDUCATION IN POST SECONDARY AND TERTIARY LEVELS
IN THE PHILIPPINES, APPROPRIATING FUNDS THEREFOR AND FOR OTHER

PURPOSES

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 “Open Learning and

Distance Education Act of 2070.”

SEC. 2. Declaration of Policy. ~ It is hereby declared the policy of the State to
expand and further democratize access to quality education at the post secondary
and tertiary levels through the promotion and application of open learning as a

philosophy of access to educational services, and the appropriate, efficient and

effective implementation of distance education as a system of delivering quality post

~~ 7 secondary and tertiary educational services in the country.

SEC. 3. Definition of Terms. - For purposes of this Act, the following terms

até Rereby defined:

(a)

‘Oat Learning =—A-philosophy-of-learning that is quality-assured,
open to people, methods, places and ideas, and is highly flexible and
leamer-centered, enabling the latter to lear at the time, place and

pace which satisfy his/her circumstances and requirements;



(b)

Distance Education — is a mode of educational delivery whereby the

teacher_and leamer are separated in time and space, and the
instruction is delivered through specially designed materials and
methods using appropriate technologies and fearing management
systems and 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/College/Institution — 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;

Center/Institute/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/institution, and whose degrees are awarded 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-

£0



at preparing technicians, paraprofessionais and other categories of
middle-level workers by providing them with a broad range of general
education, theoretical, scientific and technological studies, and related

job skills training

SEC. 4. Institutional zation of Distance Education. - Distance Education is

hereby institutionalized in the Philippines in accordance with the provisions of this

Act.

‘SEC. 5. Coverage. This Act shall apply to public and private higher education
institutions (HEIs) and post secondary technical/vocational schools in the Philippines
- = which have existing open learning and distance education programs, and to other
——tertiary and technicalivocational institutions which shall later be authorized as
__ . qualified implementers of open learning and distance education programs.
Sec. 6. Admission and Other Academic Policies and Requirements. —
Adinission and other academic policies and requirements in HEIs offering tertiary
". édueation through distance education programs shall be govemed by a set of
= policies, standards and requirements set for tertiary education by duly authorized
‘academic bodies such as Board of Regents/Trustees, University/Facully Councils,
~ andlor the Commission on Higher Education, and for technical-vocational courses in
the post secondary level by the Technical Education and Skills Development

* Authority such as, but not limited to, the following:

(2) Completion of secondary education;

Passing an entrance examination given by the HEI or 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,

oe respectively.

tv


SEC. 7. Program, Curriculum and Course Development Offerings and
Requirements. - Open learning programs, curricula and courses developed and
~ offered in distance education mode shall be subjected to similarly high standards, —
——folities and guidelines imposed on traditional or conventional tertiary education
programs, curricula and courses to ensure equivalence in quality and substance of

_ both distance and traditional or conventional modes of education.

“*_ There shall be defined a set of courses/subjecis and/or examinations, and/or
special projects and activities, the completion of which shall be required for
* graduation from the academic degree program, and which shall be equivalent to

those under the conventional mode of instruction.

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;

The institution concerned shall formulate and implement a mechanism

to monitor the academic progress of the students;

a The curricular offerings using the open learning philosophy which are
offered through the distance education mode shall conform 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, th

existing requirements of passing a board examination shall apply.

2



- delivered using information and communications technology and other approaches,

“such as but not limited, to the following

(a)

7 (b)

"7 (a)

SEC. 8. Mode of Delivery. Open Leaming/Distance Education may be

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-learning 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 and the TESDA shall provide support to higher education institutions and post

Secondary schools, respectively, win open leaming and distance education

+ programs, such as, but not limited to the following:

(a)

Oy
ac)
=. @

co)
0)
= 9)

Training of qualified faculty with experience and/or training in open
learning and distance education materials;

implementation of relevant curricular programs;

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.

SEC. 10. Support to

tudents. = Any student enrolled-in-open-tearning and.

. distance education programs under the auspices of this Act, shall have access to all
~+ ‘privileges, opportunities and entitlements that a student similarly situated under the
conventional system of instruction may have access to, including, but not necessarily

5

iis


be Hmited to, availment of scholarships, grants, and loans from the government or

government-administered funding sources. Specifically, higher education institutions
e ~~ ant post secondary schools engaged in oper: learning and education programs shall
: be.tasked to perform the following student support services:

: (2) _ Provide clear admission policies and procedures for applicants;
Maintain faculty-student dialogue and interactivity through virtual

(b)
= classrooms linked electronically or through established learning centers
- - or both, whichever may be feasible, to ensure greater knowledge
. sharing, access. Counseling, and the provision of other support
2% services;
7 (e) Provide for an efficient and reliable communication system, feedback
learners’ academic progress, and

mechanism, especially on

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.

~ (d)
e)

°° + 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:

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;
Promote best practices in open learning and distance education in the

Philippines;
Share knowledge through informed and innovative research and other

F E development activities related to distance education through its

= ‘exemplar policies, programs, materials, learning management systems

guidelines and offerings; 7

RS


: Design model curricular programs which shall serve as prototype

E = @
= ae programs upon which similar programs to be offered by other HEIs in
a the country shall be patlerned-atter—— a
& (@) Assist CHED and TESDA in the formulation of national policies,

= standards, and guidelines for distance education;

() Develop and promote appropriate information and communication

- technologies to facilitate quality open learning and distance education
- . programs in the country;
= ——" @)__ Design and produce quality learning materials and objects, both in print

and multimedia formats, for higher education instruction in the country;

—(h) Make instructional materials for distance education programs
accessible to the public through collaborative arrangements, and other

appropriate mechanisms;
() Assist other interested educational institutions in developing their
distance education programs, courses, and materials for specific

- leamer groups or the public at large: and
a, Provide technical assistance to CHED and TESDA on matters relating
i _ to distance education policies, guidelines and standards, particularly in
_ implementing an accreditation system for open learning and distance
* ae 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

2 its capacity building and professionalization programs.

_SEC. 12, Role of the Commission on Higher Education (CHED) and the
Téchnical Education and Skills Development Authority (TESDA). - The CHED and
TESDA shall be the respective authorities to identify the HEIs and post secondary
> 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:



SEC. 13. Role of Broadcast Media and Telecommunications Networks.

Formulate, promulgate, disseminate and implement the necessary
policies, standards, guidelines, rules and regulations for the effective
implementation of distance educatiorrin 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 for distance education in the country;

Review and approve or disapprove proposals from higher education
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.

— 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, the transmission of learning materials for formal and non-

country.

“and/or in cash or services which may be made by individuals, groups and

formal courses to learners not only within the Philippines, but also outside the

SEC. 14, Tax Incentives. - Any donation, contribution, bequest and grant,

organizations, including but not limited to private entities such as private schools,
-broadcasting companies, telecommunications networks and others which shall

provide appropriate materials, time and delivery support services for the promotion of
opéh ‘learning and distance education in’ partnership with higher education

institutions delivering academic degree programs through distance education, shall
be aliowed to_be fully deductible from. gross taxable income of the donor for income

17



tax purposes and shall be exempt from donor/s’ tax and subject to such Stings SS
as provided under the National Internal Revenue Code, as amended

——.- SEC. 15. Implementing Rules and Regulations. — The Commission on Higher

Education, through its Technical Panel for Distance Education, and the Technical
in consultation with relevant

Edication and Skills Development Authority,
stakeholders in higher and technical education, are hereby mandated to formulate

_ te rules and regulations to implement this Act within a period of ninety (90) days

from the effectivity thereof.

” SEC. 16. Appropriations. - For the initial implementation of this Act, the
amount of P150 Million (P150,000,000.00) shall be allocated from the President's
Social Development Fund or from other sources, to Ihe CHED, TESDA and the
UPOU in this proportion: forty percent (40%), forty percent (40%) and twenty percent
(20%) share, respectively. Thereafter, such funds necessary for the continuous
implementation of this Act shall be included in the respective budgetary allocations of

the CHED, TESDA and the UPOU in the annual General Appropriations Act.

__ SEC. 17. Separabilily Clause. - If any provision of this Act or any part thereof
be*declared unconstitutional or invalid, the same shall not affect the validity of the

~ other provisions of this Act.

C _ SEC. 18. Repealing Clause. - All laws, decrees, orders, rules and regulations
or parts thereof which are inconsistent with the provisions of this Act are hereby

- >< fepealed, amended or moe’ified accordingly.

= SEC. 19. Effectivty. - This Act takes effect fifteen (15) days after its

Publication in the Official Gazette or in at least two newspapers of general

circulation.

=> Approved,



FIFTEENTH CONGRESS )
REPUBLIC OF THE PHILIPPINES —)

First Regular Session

HOUSE OF REPRESENTATIVES

1660

House Bill No.

introduced by Representative Rufus B. Rodriguez and
Representative Maximo B. Rodriguez, Jr.

EXPLANATORY NOTE

Education is the prime motive force for the development of a nation. This is
recognized by the Constitution by making education the foremost concern of the
State and by providing access for academic and technical development the

responsibility of the government.

This bill aims to recognize and provide the mechanism for the establishment
and propagation of the open and distance learning educational mode in the
Philippines. This bill entrusts the University of the Philippines Open University to be
the vanguard for the development of this learning system. The University shall assist
and provide the necessary expertise for schools wishing to create learning programs.

This leaming mode will provide access to those who wish to enhance their
academic and technical training without being bound by the logistical difficulties
present in our educational landscape.

The passage of this bill is most eamestly urged.

UEZ

MAXIMO B. RODRIGUEZ, JR.

4


FIFTEENTH CONGRESS )
REPUBLIC OF THE PHILIPPINES —)
First Regular Session ye

HOUSE OF REPRESENTATIVES

1660

House Bill No.

Introduced by Representative Rufus B. Rodriquez and
Representative Maximo B. Rodriquez, Jr.

AN ACT
TO IMPROVE ACCESS TO EDUCATION THROUGH OPEN LEARNING AND
DISTANCE EDUCATION IN POST SECONDARY AND TERTIARY LEVELS IN
THE PHILIPPINES, APPROPRIATING FUNDS THEREFOR AND FOR OTHER

PURPOSES

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 “Open Learning
and Distance Education Act of 2010.”

SEC. 2. Declaration of Policy. — It is hereby declared the policy of the State to
expand and further democratize access to quality education at the post secondary
and tertiary levels through the promotion and application of open learning as a
philosophy of access to educational services, and the appropriate, efficient and
effective implementation of distance education as a system of delivering quality post
secondary and tertiary educational services in the country

SEC. 3. Definition of Terms. — For purposes of this Act, the following terms

are hereby defined:

(a) Open Learning — A philosophy of learning that is quality-assured,
‘open to people, methods, places and ideas, and is highly flexible
and learner-centered, enabling the latter to learn at the time, place
and pace which satisfy his/her circumstances and requirements;

(b) Distance Education ~ is a mode of educational delivery whereby the
teacher and learner are separated in time and space, and the
instruction is delivered through specially designed materials and
methods using appropriate technologies and learning management
systems and 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/College/institution — refers to a higher education
institution that is a separate, autonomous, and degree-granting



academic entity which employs operational procedures and
strategies of an open leamning institution,

0) Centeriinstitute/School of Distance Education — refers to a
subsidiary of @ higher education institution which offers distance
education programs, but is not qualified to be called an Open
University, and whose degrees are awarded by the mother
university,

©) 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

() Tertiar-Education — shall refer to the higher leaming level after high
schookeffering baccalaureate, graduate or post-graduate programs;

(g) Post Sebgndary Education - shall refer to non-degree technical-

vocational programs accredited by the Technical Education and
Skills Development Authority;

(n) TechnicalVocational Programs - shall refer to post secondary
certificate courses, officially recognized as non-degree programs
aimed at preparing technicians, paraprofessionals and other
categories of middie-tevel workers by providing them with a broad
range of general education, theoretical, scientific and technological
studies, and related job skills training.

SEC. 4, Institutionaiization of Distance Education. — Distance Education is
hereby institutionalized in the Philippines in accordance with the provisions of this
Act.

SEC. 5. Coverage. This Act shall apply to public and private higher education
institutions (HEIs) and post secondary technicalNvocational schools in the Philippines
which have existing open learning and distance education programs, and to other
tertiary and technicalivocational institutions which shall later be authorized as
Qualified implementers of open learning and distance education programs.

Sec. 6. Admission and Other Academic Policies and Requirements, —
Admission and other academic policies and requirements in HEls offering tertiary
education through distance education programs shall be governed by a set of
Policies, standards and requirements set for tertiary education by duly authorized
academic bodies such as Board of Regents/Trustees, University/Faculty Councils,
and/or the Commission on Higher Education, and for technical-vocational courses in
the post secondary level by the Technical Education and Skills Development
Authority such as, but not limited to, the following:

(a) Completion of secondary education;

(b) Passing an entrance examination given by the HE! or post
secondary school; and

{c) 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.



‘SEC, 7. Program, Curriculum and Course Development Offerings and
Requirements. - Open leaming programs, curricula and courses developed and
offered in distance education mode shall be subjected to similarly high standards,
policies and guidelines: imposed on traditional or conventional tertiary education
programs, curricula and courses to ensure equivalence in quality and substance of
both distance and traditional or conventional modes of education.

There shall be defined a set of courses/subjects and/or examinations, and/or
special projects and activities, the completion of which shall be required for
graduation from the academic degree program, and which shall be equivalent to
those under the conventional mode of instruction.

(a) The place, pace, and mode of study of the student shall be at the
n and convenience of the student within the time frame as may be
prescribed by the learning institution: Provided, that, the content, context and
Conduct of examination shall be determined by the institution;

(b) The institution concerned shall formulate and implement a
mechanism to monitor the academic progress of the students;

(c) The curricular offerings using the open learning philosophy which
ate offered through the distance education mode shall conform to respective
policies, standards, and guidelines for distance education of CHED and
TESDA;
(a) Completion of all the requirements for the academic program shall
be evidenced by the award of the appropriate academic degree;

(e) 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.

SEC. 8. Mode of Delivery. Open Learning/Distance Education may be
delivered using information and communications technology and other approaches,
such as but not limited, to the following:

(a) Print — textbooks, study guides, workbooks, course syllabi,
correspondence feedback, and other print formats;

(b) Audio-Visual — radio, audio cassettes, slides, film, videotapes, television,
telephone, fax, audio-conferencing, and video-conferencing;

(6) Electronic/Computer Technology and Virtual Classrooms - CD-ROM,
electronic mail, e-bulletin boards, world-wide web, E-learning or online learning
management systems; and

(d) Face-to-face sessions — conducted in learning and study centers

SEC. 9. Support to Open Leaming and Distance Education Programs. - The
CHED and 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) Training of qualified teachers in open learning and distance education
programs and material

(b) implementation of relevant curricular programs;

{c) Development of appropriate learning materials;

(d) Acquisition of technology;

(e) Provision of suitable student support services;

(f) Development of suitable learning management systems or platforms;



(g) Formal linkages with other appropriate institutions that can host
learning or testing centers.

—SEC: 10; Support to Students. — Any student enrolled in open learning and
distance education programs under the auspices of this Act, shall have access to all
privileges, opportunities and entitlements that a student similarly situated under the
conventional system of instruction may have access to, including, but not necessarily
be limited to, availment of scholarships, grants, and loans from the government or
government-administered funding sources. Specifically, higher education institutions
and post secondary schools engaged in open learning and education programs shall
be tasked to perform the following student support services:

(a) Provide clear admission policies and procedures for applicants;

(b) Maintain faculty-student dialogue and interactivity through virtual
classrooms linked electronically or through established learning centers
or both, whichever may be feasible, to ensure greater 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;

(d) Show evidence of regular monitoring of learners’ progress; and

(e) 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:

(@) 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;

(©) Share knowledge through informed and innovative research and other
development activities related to distance education through its exemplar
policies, programs, materials, learning management systems guidelines
and offerings;

(¢) Design model curricular programs which shall serve as prototype
programs upon which similar programs to be offered by other HEls in the
country shall be patterned after;

(e) Assist CHED and TESDA in the formulation of national policies, standards,
and guidelines for distance education;

(f) Develop and promote appropriate information and communication
technologies to facilitate quality open leaming and distance education
programs in the country;

(9) Design and produce quality learning materials and objects, both in print
and multimedia formats, for higher education instruction in the country;

(h) Make instructional materials for distance education programs accessible
to the public through collaborative arrangements, and other appropriate
mechanisms;

3


()) Assist other interested educational institutions in developing their distance
‘education programs, courses, and materials for specific learner groups or
the public at large; and oe

() Provide techniéal 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;

(k) 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 practi
capacity building and professionalization programs.

ners through its

SEC. 12. Roles of the Commission on Higher Education (CHED) and the
Technical Education and Skills Development Authority (TESDA). ~ The CHED and
TESDA shall be the respective authorities to identify the HEIs and post secondary
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:

(a) Formulate, promulgate, disseminate and implement the necessary
policies, standards, guidelines, rules and regulations for the effective
implementation of distance education in the country,

(b) Formulate and implement strategies to improve the quality of distance
education programs and implement a system of quality control for open
leaming and distance education in the country;

(c) 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 for distance
education in the country;

(@) Review and approve or disapprove proposals from higher education
institutions for the implementation of new distance education programs;
and

(2) 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. Roles 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
leaming and distance education programs. Such assistance may include, but not
necessarily be limited to, the transmission of learning materials for formal and non-
formal courses to learners not only within the Philippines, but also outside the
country,

SEC. 14. Tax Incentives. — Private entities such as private schools,
broadcasting companies, telecommunications networks and others which shall
Provide appropriate materials, time and delivery support services for the promotion of
open learning and distance education in partnership with higher education

|


institutions delivering academic degree programs through distance education, shall
be given corresponding tax credits in accordance with existing rules and regulations.

SEC.45. Implementing Rules and Regulations. - The Commission on Higher
Education, through its Technical Panel for Distance Education, and the Technical
Education and Skills Development Authority, in consultation with relevant
stakeholders in higher and technical education, are hereby mandated to formulate
the rules and regulations to implement this Act within 2 period of ninety (90) days
from the effectivity thereof,

SEC. 16. Appropriations. — For the initial implementation of this Act, the
amount of P150 Million (P150,000,000.00) shall be allocated from the President's
Social Development Fund or from other sources, to the CHED, TESDA and the
UPOU at 40 percent, 40 percent and 20 percent share, respectively. Thereafter,
‘such funds necessary for the continuous implementation of this Act shall be included
in the respective budgetary allocations of the CHED, TESDA and the UPOU in the

annual General Appropriations Act.

SEC. 17. Separability Clause. - If any provision of this Act or any part thereof
be declared unconstitutional or invalid, the same shall not affect the validity of the
other provisions of this Act

SEC. 18. Repealing Clause. — All laws, decrees, orders, rules and regulations
or parts thereof which are inconsistent with the provisions of this Act are hereby
repealed, amended or modified accordingly.

SEC. 19. Effectivity. - This Act takes effect fifteen (15) days after its
publication in
the Official Gazette or in at least two newspapers of general circulation.

Approved,



Republic of the Philippines
House of Representatives
@uceon Gity, Meteo Manila

March 01, 2011

HON. JUAN EDGARDO M. ANGARA

Chairman
Committee on Higher and Technical Education

Dear Chairman Angara:

The Committee on Ways and Means in its meeting today, March 01, 2011 has
approved with amendments subject to style the tax provision of Substitute Bill to
House Bill Nos. 835, 1660 & 400 entitled “AN ACT TO EXPAND ACCESS TO
EDUCATION THROUGH OPEN LEARNING AND DISTANCE EDUCATION IN
POST SECONDARY AND TERTIARY LEVELS IN THE PHILIPPINES,
APPROPRIATING FUNDS THEREFOR AND FOR OTHER PURPOSES?” , to wit

Section 16 of the bill shall be amended to read as follows:

“Section 16. Tax Incentives. ~ [Private entities such as private schools,
broadcasting companies, telecommunications networks and others which shall
provide appropriate materials, time and delivery support services for the
promotion of open learning and distance education in partnership with higher
education institutions delivering academic degree programs through distance
education, shall be given corresponding tax credits in accordance with existing
rules and regulations "ANY DONATION, CONTRIBUTION, BEQUEST AND
GRANT, IN CASH AND/OR SERVICES WHICH MAY BE MADE BY
INDIVIDUALS AND ORGANIZATIONS, INCLUDING BUT NOT LIMITED
TO PRIVATE ENTITIES SUCH AS PRIVATE SCHOOLS, BROADCASTING
COMPANIES, TELECOMMUNICATIONS NETWORKS AND OTHERS
WHICH SHALL PROVIDE APPROPRIATE MATERIALS, TIME AND
DELIVERY SUPPORT SERVICES FOR THE PROMOTION OF OPEN
LEARNING AND DISTANCE EDUCATION IN PARTNERSHIP WITH
HIGHER EDUCATION INSTITUTION DELIVERING ACADEMIC DEGREE
PROGRAMS THROUGH DISTANCE EDUCATION, SHALL BE EXEMPT
FROM THE DONOR’S TAX AND THE SAME SHALL BE CONSIDERED AS
ALLOWABLE DEDUCTION FROM THE GROSS INCOME IN THE
COMPUTATION OF THE INCOME TAX OF THE DONOR IN

COMMITTEE ON WAYS AND MEANS
‘North Basement

‘Batasen Complex, Quezon Gly
Tel Nos. 931-4955 » 931-5001 lo. 7643,


ACCORDANCE WITH THE PROVISIONS OF THE NATIONAL INTERNAL,
REVENUE CODE OF 1997, AS AMENDED.

Very truly yours,

MILANDO |. MANDANAS
airman
committee on Ways and Means

rAd


Republic of the Philippines
House of Representatines
Quezon City, Metro Manila

HON. JOSEPH EMILIO A. ABAYA
Congressman, Ist District, Cavite
Chairman, Committee on Appropriations

May 18, 2011

HON. JUAN EDGARDO M. ANGARA

Chairman
Committee on Higher and Technical Education

Dear Chairman Angara

Please be informed that the Committee on Appropriations in its meeting held
today at the Rolando R. Andaya Hall approved to report out the Substitute Bill to
House Bill Nos. 835, 1660 and 400, titled “ AN ACT TO EXPAND ACCESS TO
EDUCATION THROUGH OPEN LEARNING AND DISTANCE EDUCATION IN
POST- SECONDARY AND TERTIARY LEVELS IN THE PHILIPPINES,
APPROPRIATING FUNDS THEREFOR AND FOR OTHER PURPOSES” with

the following amendment:

On Section 18, page 7, lines 22 to 31 delete the entire provision and in lieu
thereof, substitute the following:

SEC. 18. APPROPRIATIONS. - THE AMOUNT NECESSARY TO
CARRY OUT THE PROVISIONS OF THIS ACT SHALL BE INCLUDED
IN THE RESPECTIVE BUDGET OF THE CHED, TESDA, UPOU AND
HIGHER EDUCATION INSTITUTIONS AND POST-SECONDARY
TECHNICAL/VOCATIONAL SCHOOLS WHICH HAVE EXISTING OPEN
LEARNING AND DISTANCE EDUCATION PROGRAMS IN THE
ANNUAL GENERAL APPROPRIATIONS ACT.

Further, the following members were included as co-authors of the measure
namely, Reps. Tomas V. Apacible, Jane T. Castro, Joseph Victor G. Ejercito,
Salvador H. Escudero, Monique Yasmin Q. Lagdameo, Jocelyn S. Limkaichong,
Mel Senen S. Sarmiento and Jerry P. Trefias.

Thank you

Very truly youss



Republic of the Philippines
HOUSE OF REPRESENTATIVES
— ‘Quezon Cty, Metro Manila

MINUTES OF THE MEETING OF THE COMMITTEE ON HIGHER AND.
TECHNICAL EDUCATION (CHTE) HELD ON 29 SEPTEMBER 2010, 9:30 A.!
CONFERENCE ROOM 6, R.V. MITRA BLDG., HOUSE OF REPRESENTATIVE:

QUEZON CITY

I. CALL TO ORDER

CHTE Chairman Juan Edgardo Angara called the meeting to order at 9:45 in
the morning. i

Ml, ROLL CALL AND APPROVAL OF MINUTES OF THE PREVIOUS MEETING

Upon motion of Rep. Aurora Cerilles, duly seconded, the calling of the roll
was dispensed with and the minutes of the 15 September 2010 meeting of the

Committee were approved.
Ml, ACKNOWLEDGMENT OF RESOURCE PERSONS

The Committee Secretary acknowledged the presence of the guests, as
follows: Drs. Grace Alfonse, Maria Fe Mendoza, Melinda Lumanta, Ma. Teresa de
Villa, Melinda Bandalaria and inocencio Buot, Jr., from the University of the
Philippines Open University (UPOU); Dr. Veronica Aquino, Director. Eleanor
Femandez, Atty. Lily Milla and Ms. Jocelyn Balanag, from the Commission on Higher
Education (CHED); Dr. Yerma Saulon and Ms. Gina Tomaque, from the Technical
Education and Skills Development Authority (TESDA); and Dr. Jimmy Soria from the
Philippine Association of State Universities and Colleges (PASUC).

IV. APPROVAL OF PROPOSED MEASURES:

The Committee approved all the bills, local and national, included in the day's
‘Agenda. Chairman Angara instructed the staff to seek comments from the
‘Committees on Appropriations and Ways and Means, if necessary, and thereafter
prepare the respective committee reports, These measures are as follows:

A. Local Bills

A11. House Bill No. 2691 - An Act Converting the Mountain Province State
Polytechnic College in the Municipality of Bontoc into a University to be Known as
the Mountain Province State Univecsity with Campuses in the Municipalities of
Tadyan, Bauku, Paraselis and Barlig, all Municipalities Located in Mountain
Province and Appropriating Funds Therefor (Rep. Dalog);

A.2. HB No. 124 — An Act Establishing a State College in the Municipality of
Compostela, Compostela Valley Province to be Known as the Compostela Valley
State College integrating. Therewith as Regular Branches the Bukidnon State
University External Studies Centers in the Municipalities of Monkayo, Maragusan,
Montevista and New Bataan, all Municipalities Located in Compostela Valley
Province, and Appropriating Funds Therefor (Rep. Zamora-Apsay);

P


A3, HB No. 2687 — An Act Changing the Name of the Lazi Agricultural School in
Barangay Tigbawan, Municipality of Lazi, Province of Siquijor into Lazi Technical
Institute (Rep. Fua);

B. National Bills

B.1. HB No. 400 — An Act to Require an Independent Evaluation of Distance
Education Programs (Rep. Angara);

B.2. HB No. 835 — An Act to Improve Access to Education Through Open
Leaming and Distance Education in Post-Secondary and Tertiary Levels in the
Philippines, Appropriating Funds Therefor and for Other Purposes;

8.3. HB No. 1660 - An Act To improve Access to Education Through Open.
Leaming and Distance Education in Post-Secondary and Tertiary Levels in the
Philippines, Appropriating Funds Therefor and for Other Purposes (Reps. R.
Rodriguez, M. Rodriguez & Evardone);

The aforementioned bills of national application seek to further develop the
open learning system and distance education in the country. The Committee
Secretariat has likewise been directed to consolidate the measures for the eventual
filing of a committee report.

B.4. Substitute Bill to HB No. 1504 — An Act Providing Discounts on Basic and
Education Services to Underprivileged Students in the Post-Secondary and
Tertiary Levels (Reps. Teodoro, Casino, Ong, Pichay and Angara)

VI. BILL SPONSORSHIP AND DISCUSSIONS
A. Deliberation On Local Bills

As author of HB 2691, Rep. Maximo Dalog of Mountain Province sought the
support of the Committee in the approval of the bill. He emphasized the fact that the
measure is a refiled bill and has undergone extensive discussions in the previous
Congress, Rep. Dalog pointed out that not only did the proposed measure get the
formal endorsement of the Committee, the earlier bill reached Second Reading in the
Plenary in the Fourteenth Congress. The measure was likewise further refined to
conform to the provisions under Republic Act 8292, the law which governs the state
universities and colleges in the country, he narrated.

The Lone Representative of this province from the Cordillera Region spoke of
the difficulties of his constituencies in availing education in better-equipped Higher
Education Institutions (HEIs), all of which are a hundred kilometers away. This
situation, he averred, is aggravated by the mountainous conditions in the locality.

Because the proposed institution is located in Bontoc, the former capital of
the whole of Cordillera in previous times, Congressman Dalog said this again would
help in the development of the community. He stated that students from several other
municipalities from the neighboring provinces would also benefit in the establishment
of the state college.

3]


Likewise, the author enumerated the accomplishments of the Mountain
Province State College in terms of the passing rates of its graduates in licensure
examination, as well as, the number of its teaching personnel with doctoral and

masteral degrees

On the other hand, Rep. Ma. Carmen Zamora-Apsay appealed to the Body
for the approval of HB'124 in order for the province of Compostela Valley to benefit
from having its own state college, which would be created from the various branches
and extension centers of existing universities in the region such as the Bukidnon

State University.

She recounted that the bill was first initiated in the Twelfth Congress, then
refiled in the Thirteenth; hence, the bill is on its third time to be filed,. She made the
plea to allow the province to have its own state college, since there was no longer
any objection from the affected institutions for the satellite centers in her province to
be separated from the mother school

On the matter of the renaming of the Lazi Agricultural School in the province
of Siquijor to Lazi Technical Institute as proposed by Congressman Orlando Fua in
HB 2697, no objection was interposed by the CHED and TESDA, except for the need
to submit certain documentary requirements such as a municipal council resolution
and the like. The rationale in his proposal, Rep. Fua told the Body, was to offer not
only agriculture programs but to institute other technical courses, in step with the
requirements of the times,

In the course of the discussions regarding conversion or creation of SUC,
Chairman Angara emphasized the need for the CHED to look at the issues from a
development standpoint especially in relation to the impoverished conditions of the
particular provinces. The comment from Congressman Angara was in reaction to the
stand of the CHED, as enunciated by Atty. Lily Milla, not to endorse new conversions
or establishment of SUCs as. the latter explained that CHED is in the process of
rationalizing the state institutions and likewise trying to strengthen the Regional
University System all over the country.

The CHED representative likewise related certain deficiencies especially as
applied to HB 2691 of Rep. Dalog based on CHED rules and standards regarding the
establishment and conversion of SUCs. Atty. Milla also informed the Committee, in
response to a query by the Chair, of the need for additional budgetary requirements
upon conversion of the school to spend for the various services for upgrading or that
may need further improvement.

As regards the establishment of the Compostela Valley State College being
proposed in HB 124, Rep. Angara asked the author for compliance on the CHED
Tequirements including the submission of the endorsement or resolution of support
from the Board of Regents of the Bukidnon State University. The Philippine
Association of State Colleges and Universities (PASUC), through Atty. Jimmy Soria,
told the Body of the support of the PASUC on the bill.

B. Discussions On Bills of National Significance

On behalf of Rep. Mark Villar, author of House Bill 835, Rep. Cesar
Sarmiento of Catanduanes sponsored the measure and enjoined his colleagues to
approve the bill. The sponsor expounded on the objectives of the bill to further
improve access to open learning systems and distance education, and cited the
constitutional tenets of giving people greater access to quality education, as well as,

7


for the government to support new methods of acquiring knowledge and skills to
support the needs of the Filipinos.

Representatives Rufus Rodriguez and Maximino Rodriguez, as principal
authors of a similar bill, HB. 1660, also sought the approval of the Body on his
proposal. The former later emphasized the fact that the Committee had fully
discussed the measure in the last Congress and echoed the request to have it
approved in the Committee level.

For his part, Chairman Angara inquire¢ about specific targets and
Accessibility including the need to put safeguards against fraud particularly in the
submission of papers to ensure quality. Of interest likewise to the chairman has to do
with the institutional partnerships that the University of the Philippines - Open
University (UPOU) has established.

The focus of the questions of Rep. Luis Villafuerte, on the other hand, is on
the range of fees and the possibilities of linking with certain non-academic
organizations or industries to teach particular skills, in addition to developing
programs to study about ageing and wellness. Rep. Villafuerte cited examples of
programs in Europe and the United States that are being offered parallel to a Degree
in Medicine, which he said is called Doctor of Naturopathy. Another concern he
wanted to know was whether the Open University currently offers or can give
language review courses such as English for interested Filipinos who may have
plans to take the Intemational English Language Testing System (IELTS)
examination.

Essentially, the main resource person and chancellor of the UPOU, Dr. Grace
Alfonso, spoke of the institution's full support to the bill. She said that while there are
lots of other programs that UPOU would like to develop as course offerings, and ma:
Jook into further expanding the field with the participation of other institutions, she
said it is costly to develop materials because of the need to involve experts in various
fields. But Chancellor Alfonso informed the Body that they are truly into lots of
research along the lines of open and distance leaming, including being an active
member in the national technical panel on distance learning

Dr. Alfonso likewise pointed out the importance of some of the UPOU
programs, such as in the area of non-formal education, which can integrate into the
country’s ladderized system of education. She further explained that because the
Open University is 100% online, they are trying to target every possible student-
candidate in the countryside. There is also a mix, she said, in the teaching
techniques in that they use online and face-to-face interaction, called the blended
method. This, she stressed, is especially true where intemet is limited, as well as, for
reasons that are inherent in the programs, such as on skills where actual
demonstration is needed.

Every step in the process of acquiring a certificate or degree under open
leaming and distance education is fully within the control of the University and
monitored to ensure quality as guided by the experts, according to Chancellor
Alfonso. She explained that this basically uses a platform called Leaming
Management System, where there are varied modes of student-tutor interaction for
purposes of evaluation.

Chancellor Alfonso expounded further on the structures such as their
institutional linkages with other schools with the establishment of testina and learnina


Learning network, according to her. As to the rates of tuition fees, Dr. Alfonso stated
that this is around One Thousand Pesos per unit or something similar to a residential
university.

The UPOU head talked further on the process of approving degree programs.
before they become a regular course offering in the University. This, she said,
includes: first, the assembly of experts in the particular field; second, the program
undergoes evaluation in the curriculum committee; third, this further goes to the
university council; fourth, the same is again reviewed by the President's Advisory
Council; and then finally, the program gets the approval by the University of the

Philippines ~ Board of Regents.

Another official of the University, Dr. Therese de Villa, shared the records in
terms of the passing rates of its graduates especially in teacher education, which,
according to her is about 90% or higher. The institution also partners with different
universities or colleges in the country depending on the school where the students
come from, she noted. She listed De La Salle University and Far Eastern University
as examples of these institutions.

As a clarification, Vice Chancellor Ma. Fe Mendoza, pointed out that while
UPOU can develop review programs, it does not offer review courses because she
said this is outside of their mandate. On the matter of programs in the health
sciences, Dr. Mendoza provided information on some of the degree courses the
Open University offers, which presently include Masters of Arts in Nursing, Masters in
Public Health and Masters in Hospital Administration. A Master's program in
International Health, which may include special modules in alternative medicine, is
currently undergoing review with the curriculum committee, she narrated,

Director Eleanor Femandez of the CHED Office for Programs and Standards
expressed support for the bill even as she assured the Body that CHED will submit
its written comments particularly on the definitions under the section on the Modes of
Delivery as contained in the bill. This, she said, will be done after a review is
conducted by the technical panel consisting of experts from different universities.

So as not to give the impression that the bill will give blanket authority to
every institution offering distance leaming, Chairman Angara and Atty. Milla of
CHED, cautioned that the UPOU should be the one to set the standards and be the
leader in terms of the prototypes and programs, which the other Open Universities
and Distance Leaming Center must strictly follow.

The Committee likewise approved the substitute bill to HB 1504, a measure
that seeks to give. certain privileges to students in the tertiary level. During his
sponsorship of the measure, Representative Marcelino Teodoro of Marikina City, the
principal author, explained the important amendments that were included in the bill
as a result of the agreements hammered out during a technical working group (TWG)
meeting. The TWG, he explained, sought to include students from the Ppost-
secondary technical-vocational institutions as it sees this sector to be equally in need
of support. The agreement was also for TESDA to identify and implement this
program as far as this particular sector is concemed, Rep. Teodoro explained.

3a


VI. ADJOURNMENT

There being no other matters to discuss, the meeting was adjourned at 11:45
in the moming.

Prepared oo

yes
vyttoee C.ELICA

SLSO Il
Certified Correct:

ZENAIDA B. CENIDO

Committee Secretary

Approved:

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Chairman, CHTE

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