REPUBLIC OF THE PHILIPPINES
HOUSE OF REPRESENTATIVES,
‘Quezon City, Metro Manila

FIFTEENTH CONGRESS
First Regular Session

4842

House Bill No.

Introduced by Kabataan Party-List Representative Raymond V. Palatino

EXPLANATORY NOTE

It is a maner of truism that the education system should aid the holistic development of our
youth, An integral part of this holistic development is their right to organize and join youth
organizations, to exercise their freedom of speech and of expression, and to exercise their academic
freedoms within our nation's campuses. These rights are mandated by no less than the Constitution
itseff, Section 13 of Article II of which states that the State should protect and promote the youth’s
phrysical, moral, spiritual, intellectual and social well-being. The same section furthers that the State
should encourage the youth's involvement in public and civic affairs.

Historically, school onganizations and publications have served as venues through which our
studerts realize this involvement. What is more, itis also through these student organizations where
they gain added knowledge and skills beyond the four walls of a classroom. During Martial Lavy, for
instance, student organizations served as a concrete venue through which the youth defied tyranny
and courageously advanced social justice and democmcy. The historic existence of student
‘organizations is testament to their latent power to affect and effect social change.

tis therefore alarming that despite — or, one is even tempted to say, due to - the noble role of
student organizations, their existence is increasingly repressed in many of our schools. This
Tepression comes in Various forms. For instance, mary of our schools disallow the formation of a
student council and other organizations, In many cases where they are allowed to exist, their
autonomy and independence are assaulted by stringent school measures and other forms of
repression that threaten the very material existence of these student organizations.

This is unfortunate for it appears that our educational institutions, instead of maturing student
organizations and student activities, are the ones stifling them. In effect, many of our students are


essentially denied of their constitutional rights.

Tis worth noting that when a student becomes a member of an academic community, he or
she should not be stripped off of his or her rights. Often cited is a quotation from an American case,
“Students do not shed their rights at the schoolhouse gates.” Unfortunately, the reverse is fast
‘becoming the common experience of many of our students. It is this repressive condition, therefore,
that necessities the creation of a measure to re-affirm the rights of our students. The creation of this
measure , in effect, aims also instigate the cultivation of a free studentry whose welfiae and interests
are protected and advanced.

It is along along these lines that the immediate approval of this bill is sought,

Adopted,

HON. OND V. PALATINO
Representative, Kabataan Party-list


REPUBLIC OF THE PHILIPPINES
HOUSE OF REPRESENTATIVES,
Quezon City, Metro Manila

FIFTEENTH CONGRESS
First Regular Session

House BillNo. 4842

Introduced by Kabataan Party-List Representative Raymond V. Palatino

AN ACT
ESTABLISHING A MAGNA CARTA OF STUDENTS.

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

CHAPTER I
GENERAL PROVISIONS

SECTION 1. Short Tile.—This Act shall be known as the “Students Rights Act.”

SECTION 2. Declaration of Policy. — It is the policy of the State to protect and promote the
Physical, mental, intellectual and social well-being of the youth. Towards this end, educational
instiuutions 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 likewise recognize the material and historical role of the youth in nation building and shall
thus take steps 10 foster and support the youth, in sotidarity with other sectors of society, in their
collective pursuit for social change.

SECTION 3. Guiding Principles. — This Act declares the following as basic guiding principles:

(@) Edveation is a right. It is the responsibility of the State 10 provide quality and accessible

education at all levels. It is thus a responsibility of the Govemment to support and give
Priority to education as a basic right of ail citizens;

(®) Student organizations enhance democratic processes in the campus and rehearse students in
their role as active members of society and future leaders of our nation. The right 1 organize,
Join and actively participate in student organizations, alliances, federations, and student
Publications which promote and protect students’ rights and welfare and/or contribute 10
national development and social change shall be guaranteed by the State and school
authorities;

(©) Student organizations shall not be subject to rules and regulations that unduly hamper their


activities and are prejudicial wo their objectives and interests, and that undemnine
constitutionally protected rights and freedoms (freedom of association, freedom of assembly,
freedom of expression, among others);

@) Integral to the right of students to organize and actively participate in social change is the
fundamental right to expression. The right to expression shall be unabridged and
ausonomous from the influences of educational institutions.

(©) Soudent publications shall serve as a principal medium for free expression, and as a means of
encouraging critical and creative thinking among students. The State shall thus protect and
Promote free joumalism, re-open all closed student publications, establish student
publications in schools where there are none, and protect and uphold freedom of the press at
the campus level and the rights of campus journalists at all times;

SECTION 4. Definition of Terms. — as used in this Act, the following terms shall mean:

@ “! " — any person enrolled in the elementary, secondary, post-secondary, tertiary,
graduate and post-graduate levels, inctuding vocational and technical education. For
purposes of this Act, this shall include any person who has been separated from the school
but pursues @ pending suit for viokstions under this Act.

(b) “Schoof” — any private, public or government-run and funded academic educational
institution offering any or all courses in the above-mentioned levels.

(©) “School Campus” — the totality of all contiguous or proximate buildings, yrounds, and other
facilities designated by the school authorities as areas or facilities for the curricular and extra-
curricular use of their students,

(@) “Governing Board” — the highest policy making body of the school such as the Board of
Directors, Trustees or Regents.

(€) “Student Council or Government” — the body representing the whole student population in
‘one school or schoo! campus whose officers are annually elected at lange by the whole
student population pursuant to its charter or constitution. This definition shall include student
councils or governments at the elementary, secondary and level of colleges, campuses, etc.

(8) “Student Publication” — the issue of any printed and/or online material such as, but not
limited to, newspapers, wall news, literary folios, newsletters and other similar founs,
independently published by, and which meets the needs and interests of the students.

() “Cownil of Leaders” — the body composed of the heads of various student organizations
chaired by the President or Chairperson of the Smdent Council or by any student duly
elected by the student organizations.

{h) “Tuition” — the foe vepresenting 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 NSTP fees.

CHAPTER TD


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RIGHT TO ADMISSION, NON-DISCRIMINATION AND QUALITY EDUCATION

SECTION 5. Right to Admission and Non-Discrimination. — No student shall be denied admission
0 any school on account of his/her physical handicap, socio-coonomic status, political or religious
beliefs, sexual orientation or membership in student organizations, nor shall pregnant students,
Certified reformed drug abusers, and thove suffering from the acquired immune deficiency syndrome
be discriminated against.

Failure of or refissal by a student to sign waiver documents related to restrictions oa student
activities and those included in this Act, prepared by the school administration, shall not constitute a
ground for higher non-admission.

SECTION 6. Right ro choose field of study. A student shall have the right to fively choose his/her
fields of study subject to existing curricula, and w 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,

SECTION 7. Right to competent instruction and relevant quatity education. — Every student shall
have the right to competent insiniction and quality education relevant to his/her personal and cultural
development and that of the nation. To achieve this goal, schools and education institutions are
required to enforce a written evaluation mechanism for students towards the end of the school term.

SECTION 8 Right to adequate welfare services and academic facilities. \t shall be the
responsibility of the school administration to provide the students with adequate welffre services and
academic facilities. These services and facilities shall include:

(@) Adequate laboratory, library, research, recreation and physical education facitities;

(b) Free annual physical check-up;

(© Counseling;

(@) Communications system to ensure that students are promptly notified of letters and other
relevant information;

(©) Safe and clean studemt housing facilities such as dormitories. In case the school has no in
campus dormitories or housing facilities, the school administration and the student council or
goverment shall be required to accredit out-of-campus student housing facilites such as
boarding houses; and

() Legal assistance in cases involving the exercise and enjoyment of rights and freedoms
stipulated in this Act

CHAPTER HI
RIGHT TO ORGANIZE AND RIGHT OF ASSOCIATION

SECTION 9. Right to organize and to associate. — The right of students to form, assist, join, and
actively participate in any carpus organization, unions, societies, nationwide youth groups, alliances


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+ federations, for purposes not contrary to Law shall not be abridged. Such student formations stall
be treated as independent from the school or any of its departments, and as separate and distinct
juridical entities.

‘The practice of making students sign waiver documents which state that they are not
members of and will not join certain organizations before being allowed to enroll is hereby
Prohibited. Such waivers signed by students at the effectivity of this Act shall be impaired and
considered without effect

SECTION 10. Accreditation of student organizations. The suudent council or government shall be in
charge of the accreditation of student organizations, as a purely student activity. The guidelines for
accreditation of student organizations shall be formulated by the student council and the heads of all
student organizations through the Council of Leaders. The Office of Student Affairs shall be
informed of the accreditation procedure and shall provide technical assistance to the student council
or government.

‘The process for seeking recognition shall begin upon the submission to the student council or
government by the organization concemed of its constitution and by-laws; and a formal letter
addressed to the student council or government's office stating the organization's intent to be
recognized.

‘The accreditation of a student organization shall not be denied unless the same is created for
purposes contrary to law in accordance with the 1987 constitution.

The Office of Student Affairs or any other administration offices shall not impose sanctions
‘on stuxlent organizations that become temporarily inactive for reasons beyond its control.

SECTION UL. Right 10 hold activities. The rights of organizations to conduct activities inside and
‘outside campus for purposes not contrary to law shall not be abridged.

‘The school administration shall provide, fee of charge, a hall or building to house the offices
of student organizations within premises of the school. Furthermore, the schoo! administration shall
allow student organizations to use school facilities free of charge on the basis that student activities.
are integral to the holistic education of the students and on the basis that the maintenance and
operations of such facilities are deemed included in tuition and other fees.

SECTION 12, Prohibited acts of restrain against the right 10 organize and to associate. Acts that
‘ampair the rights of students to organize are prohibited, such as:
@ Signing of waivers or similar documents that use membership to any organization as a basis
for admission to or expulsion from schools, including the imposition of disciplinary actions;
(©) Imposition of unreasonable requirements on stndent organizations seeking recognition, such
as but are not limited to: the imposition of a minimum size of membership and the
imposition of unreasonable community service duties;
(©) Discriminatory policies in the assignment of schoo! facilities and in granting other privileges
to student onganizations;
(d) Imposing any user fees and other changes for the use of school facilities on the basis that such
facilities are already being paid for through tuition and other fees,

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(c) Imposition of requirements for admission and continued membership to a student
‘organization that are contrary to law.

SECTION 13. Right to estublish a student council or government. — There shall be one university
student council or government for each school, college or university campus that shall be recognized
by the schools, colleges and universities concemed. It shall have its own set of officers elected in
annual popular clection; Provided, that the previous practices in choosing student council or
government officers, except in cases of appointment by the school administration, prior to the
effectivity of this Act shall be recognized.

SECTION 14. The student council constirution. There shall be a constitution or charter of the
student council or government crafted by the heads or representatives of all accredited student
organizations ratified by the simply majority (50% plus 1) of students who cast their vote in the
ratification that shall lay down the rights, privileges, functions, and responsibilities of the student
council or government. To protect the right of unaffifiated students, the student council shall devise a
mechanism to ensure their representation and participation in the crafting of the constitution,

Existing charters and/or constitutions of student councils or govemiments that have been
previously ratified by the students shall remain in effect.

SECTION 18. Right to policy-making on student activities. Every student. council or goverment
shall bave the right to determine its policies and programs on student activities subject to the student
council or government charter or constitution and 10 school rules and regulations; Provided, that the
lanier does not infringe on basic rights and freedoms of students;

SECTION 16. Student counxil elections. There shall be an independent Commission on Elections
(COMELEC) that shall oversee and fixclitate the honest, orderty, and peaceful conduct of election of
officers of the student council or goverment. The COMELEC shali be composed only of bona fide
students and shall be chosen by the Council of Leaders from the list of nominees provided by the
‘student organizations. The school must provide sufficient funds to the COMELEC to ensure that it is
able to function.

SECTION 17. Student court funds. There shall be a fee to be collected from students to finance
the operations of the suxdent council or government in consultation with student body. The school
administration shall facilitate the collection of the student council or government fee during
enrollment period and shall tum over the collected amount to the student council or goverment
within fifteen (15) days after the last day of enrollment.

If the student council or government concemed signifies to the school administration thar it
shalt collect on its own its fee, they should notify the school administration. Schoo! administrations
‘should recognize the student councils or governments that collect the student council fees on its own
Prior to the effectivity of this Act

Likewise, if the student council or govemment previously collecting the fee on its own
signifies to the school administration its decision to let the school administration facilitate the

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collection of the fe, the schoot administration shall thus collect the fee during enrollment period and
tum over the collected amount to the student council or government within fifteen (15) days after the
last day of enrollment.

For these purposes, the number of bona fide students enrolled for the current semester or
term shall be used as basis for the amount of the student council fisnds that shall be released by the
school administration who shall issue a list of the students enrolled for the current semester or termn to
the student council,

‘The student council or government shall issue 10 the student body a financial report at the
end of its term. To take effect, a proposal to increase the student council or government foe shall
require a vote of simple majority by the student body.

SECTION 18, Student council faculty adviser. The appointment of a faculty adviser shall not be a
requisite to the establishment and the recognition of a student council, Should the students, through.
the student council constitution or charter, decide to have a faculty adviser, the student council shall
have the right to choose the person to hold such position from among the school fixculty, whose
fanetions shall be limited to technical assistance. The approval ofthe facuky adviser shall not be a
Precondition to the execution of any student council activity.

SECTION 19, Right to join student cowl alliances and similar formations. No policy restricting
‘the right of snudent councils or govemments to join federations or alliances of student councils or
‘governments shall be imposed by the school administration.

CHAPTER LV
RIGHT OF EXPRESSION AND FREE SPEECH

SECTION 20. Right to freedom of expression. Smdents shall have the tight to freely exercise their
‘constitutional rights to peaceful assembly and to free speech and expression, or petition the schoo!
‘authorities and the goverment for the redress of grievances. No schoo! regulation shall be imposed
violating or abridging any of the above stated rights. No student may be subjected w any disciplinary
action solely on the basis of any of the above mentioned rights unless it is outside the confines of
freedom of expression,

SECTION 21. Right of access to mass media. Suudents shall have access to print and broadcast
media in their respective activities. They shall also have the right to print, circulate, and/or mount
‘ensure the provision of such facilities such as bulletin boards for the mounting of the aforementioned
materials,

SECTION 22. Proportionality of offense and sanction. If the exercise of any of such constitutional
rights is determined to be outside of the confines of freedom of expression upon compliance of due
Process, the concept of the proportionality between the offense committed and the sanction imposed
shall be followed, Provided, that the penalty of expulsion, exclusion or forced transfer and the like

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shall not be imposed for any infraction or improper conduct that may arise by reason of the exercise
of any of such constitutional rights.

SECTION 23. Right to publish a student newspaper and other similar publications, ~ (a) All
educational institutions on the elementary, secondary and tertiary levels, public or private, shall be
mandated to establish an independent student publication. Every school shall have at least one (1)
student publication without prejudice to other publications established within the campus. A student
publication shall be published by the student body through an editorial board and publication stafF
composed of students selected through fair and competitive examinations.

SECTION 24. Revival of clased student publications. All student publications whose operations
ceased upon the directives of the school administration shalt be revived and allowed to operate again.
‘Once the publication is established or reopened, the editorial board shall freely determine its editorial
policies and manage the publication's funds.

SECTION 25, Shadent publication funds. Funding for the student publication shall be sourced
primarily from student publication foes collected by the school administration. It shall be mandatory
for the school administration to collect the student publication/subscription fees during the enrollment
period. The members of the student publication can opt to collect the publication funds themselves
upon their initiative and under their full discretion and without administrative intervertion. For these
purposes, the number of bona fide students enrolled for the current semester or term shall be used as
basis for the amount of the publication fimds that shall be released by the school administrator who
shall issue a list of the students enrolled for the current semester or term to the editorial board.

‘The school administration shall effect the automatic release of the stuclent subscription fees to-
the student publication within fifteen (15) days after the last day of enrollment. The publication funds
shall be deposited through a trust fund or in the account of the student publication in an authorized
depositary bank.

Tn no instance shall the Commission on Higher Education, Technical Education and Skills
Development Authority, and the Department of Education, as the case may be, o the school
ackninistration concemed, withhold the release of finds intended for the student publication.

SECTION 26. Student publication faculty adviser. The editorial board shall have the discretion
whether or not they would appoint a faculty adviser In case the student publication decides to
appoint a faculty adviser, the editorial board shall have the power to choose its faculty adviser, whose
functions shall be limited merely to technical assistance. The approval of the faculty adviser shall not
be a precondition to the publication of written material or photographs.

SECTION 27. Independence of student journalists and freedom from threat. Members of the swxdent
Publications shall not be suspended, expelled or punished with administrative sanctions solely on the
basis of the articles he/she has written except when such articles constitute a violation of the law. A.
student joumalist's academic performance as a student shall not be used as basis for his or ber
dismissal from the student publication.


ewe Vane

SECTION 28. Management of the student publication and its funds. The editorial board shall be
primarily accountable with regard the operation of the student publication and the management of its
finds. At the end of each semester or term, as the case may be, the editorial board shall prepare a
report on the disbursement of finds subject to accounting, and auditing rules. Such report shall be
posted at the schoot's bulletin board or published in the school publication.

SECTION 29. Printing of the student publication. The printing of the student publication shall be
conducted by the editorial board and the student publication staif through canvass or public bidding.
For public schools, the student publication shall be exempted from undergoing ‘formal bidding
process under Republic Act 9184 also known as the Procurement Reform Act with regard the
selection of a printing press and the purchase of equipment and materials necessary for its operations.
‘The editorial board shall freely choose the printing press it wants to avail the services of,

CHAPTER V
ACADEMIC FREEDOM OF STUDENTS

SECTION 30, Academic Freedom. Students’ academic freedom shall consist of, but not limited to,
the following:
(@) To conduct research in connection with academic work, and to freely discuss and publish
their findings and recommendations;
(b) To conduct inquiry in curricular and extracurricular activities within the campus and in
(©) To choose a field of study for research and to pursue the quest for truth; to express their
opinion on any subject of public or general concer which directly or indirectly affocts the
students or the educational system;
(@) To invite off-campus speakers or resourve persons to student sponsored assemblies, for a,
symposia, and other activities of similar nature;
(@) To express contrary interpretations or dissenting opinions inside and outside the classroom,
(®) To participate in the drafting of a new curriculum and in the review or revision of the old;
(g) To participate in the drafting ancVor 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 schoots
(h) To freely discuss and criticize university policies and national policies.

CHAPTER VI
RIGHT TO INFORMATION

SECTION 31. Right to be byformed. The tight of the students w information on maters directly or
indirectly affecting their welfare shall be recognized. Access 10 official records and other pertinent
documents and papers pertaining to official acts, transactions or decisions shall be afforded the
students subject onty to reasonable regulations. '


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CHAPTER VIT
RIGHT TO PARTICIPATE IN POLICY-MAKING

SECTION 32. Participation in policy-making process in schools. There shalt 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 snident representative and shall have the same rights as those of a regular member, Provided, that
histher privileges shalt 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 policy-making bodies which directly affect
their welfire, especially in curriculum drafting, review and revision, student discipline, and academic
standards. The representatives shall be designated by the student council,

SECTION 33. Participation in national policy-making. 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.

SECTION 34, Shadents! i and referernhen. The student council/govemment through a
majority vole of all its members shall have the right to initiate the formulation, modification or
refection of a school policy affecting the students. The proposition for the formulation, modification
or refection of a school policy affecting the students shall be submitted to and approved by a majority
of the votes cast by al the bona fide students of the schoo! in a referendum called for the purpose.

SECTION 35. Right 10 file an appeal. The student council or government through a majotity vote of
all its members shall have the right to file an appeal on a decision of any policy-making body
subordinate to the governing board. Such appeal shall be filed with the governing board.

‘The student council or government with the same requisite number of votes refexred tw 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 snudents, 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 the date of notice of decision.

SECTION 36. School fees and other tariffs
(@) All involuntary contributions shall be probibited.
(b) In releasing documents, academic reconds, and similar certifications, schools are prohibited
from imposing fees beyond the actual cast of reproducing the documents.
(©) lis hereby created a set of guidelines schools with proposed increases in tuition and all other


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fees must follow:

iL ‘The school shal] effectively inform the students, parents, teachers and non-teaching
Personne] of the the proposed tuition and other fee increase and the place and date of the
‘consultation at least 30 days before the consultation proper,

2. All auition consultations shall be made before February 28;

The school shali make easily available at least 30 days before the consultation all
pertinent documents including, but not be limited to, financial reports including a
comprehensive report of the incremental proceeds of the the preceding year’s increase,
administrative reports and the school's position paper for the perusal of the students,
parents, faculty, and non-teaching personnel:

4 ‘The school shall allow gatherings and activities of student, parents, faculty and noo-
‘teaching personnel in preparation for the consultation;

5. ‘The schoo! shall furnish the students, parents, faculty and non-teaching personnel copies
of the suggested flow and agenda of the tuition and all other fees consultation which the
‘concemed parties may amend to include proposals not limited to review, refund and
scrapping of existing foes;

6. The faxilitating body of the consultation shall be composed of ane (1) representative
from the school, students, parents, faculty and non-teaching personnel;

7. The consukation shall be opened to all concemed students, parents, faculty and non-
teaching personnel;

. ‘The school publication shall be allowed to cover and report the consultation proceedings;

9. The school, students, parents, faculty and non-teaching personnel shalt agree on the rate
of tuition increase based on a consensus;

10. In the event that no consensus is made, the previous rate of tuition and other fees shall
apply.

e

CHAPTER VII
RIGHT TO DUE PROCESS IN DISCIPLINARY PROCEEDINGS

SECTION 37. Right to Due Process. The right to due process of students subjected to disciplinary
proceedings shall be observed and respected.
(@) He shall have the right to defend himself, to be heard and to present evidence on his behalf

before an impartial body.

(@) There shall be an independent Student Disciplinary Board to be composed of one (1) faculty

member, two (2) students and one (11) non-academic employee to conduct investigations into
and decide on cases of student violations of disciplinary standards commited in relation t
‘student activities, within campus premises or committed against a fellow student or other
memibers of the academic community. For purposes of impartiality, the members of the
SDB shall be chosen from the list of the nominees submitted by the student council or
government. The Student Disciplinary Board shall formulate the guidelines for the
imposition of the disciplinary proceedings. The members of the bourd should not oaly be

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impartial but should also appear to be impartial.
(©) Any disciplinary sanction 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 nanure and cause of the accusation against

hinwher,

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 to hinvher for the preparation of his/her
defense;

‘The right to a hearing before the Student Disciplinary Board;

‘They shall be informed of the evidence against them,

‘They shall have the right to adduce evidence on their own behalf;

“The evidence must be duly considered by the student disciplinary board;

The concept of proportionality between the offense committed and .the sanctions

imposed shall be committed;

9, ‘The right against setf-inerimination;

10. The right to appeal adverse decision of the Student Disciplinary Board to the goveming

board and ultimately to the appropriate education agencies

11. The right to confidentiality;

12, The decision in a disciplinary proceeding must be rendered on the basis of relevant and
substantial evidence presented at the hearing, or at least contained in the record and
disclosed to the student affected.

(@) The deciding 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,

(©) No preventive suspension shall be imposed upon a student by reason on the exercise of his
constitutional rights; Provided, that in cases where a preventive suspension may be imposed,
the same shall not be beyond 5 days.

() Subject to existing Jaws, a decision on a case or complaint filed before the Student
Disciplinary Tribunal shall be resolved within 15 days after the filing of the complaint.

(2) The Office of the Guidance Counselor of the respective schools in consultation with the
Student Disciplinary Board shall publish on a periodic basis acts that are deemed violative of
the school rules and regulations and the corresponding disciplinary actions; Provided, that
such rules shall be reasonable, not arbitrary, and do not violate the provisions of the
Constitution.

(h) In cases where the school administration decides to file any case in cout, criminal or civil,
against a suudent, it may do 90 only after the Student Disciplinary Board or Tribunal has
determined that the student concemed has committed the same; Provided, however, should
the student found guilty thereof by the Sasdent Disciplinary Board or Tribunal decide to
appeal the decision thereof to the governing board of the school, Deplid, CHED, or TESDA,

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the schoot administration cannot fle the criminal or civil case based on the doctrine of
exhaustion of administrative remedies.

SECTION 38. Right against egal searches and seizures. Any form of unlawful and unreasonable
search and seizure shall be illegal. Asticles seized in violation of the herein above provided right shall
be inadmissible in evidence against the student in disciplinary action that may be brought against
himvber.

SECTION 39. Right of ent. In case of violations of “No ID, No Entry” or uniform policies, the
student concerned shall not be denied entry provided that he/she sufficiently provides proof that
he/she is a bona fide student of the school,

Guests and visitors of the schools shall not be denied entry provided that he/she presents
valid identification card.

SECTION 40, Access to school records and issuance of official certificates. Subject to the
provisions of the following section, every student shall have acoess 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, wansfer credentials and other similar documents
within thirty (30) days from the filing of the request and accomplishment of all pertinent
requirements. ;

SECTION 41, Unpaid tuition fees and examinations. Students with delinquent foes shall have the
right 10 take an examination, No student shall be prohibited from tking a periodic or final
‘examination because of unpaid tuition and other school fees. Nevertheless, such students shall be
subject to the right of the school concemed to withhold the release or issuance of their schoo!

clearance prior to their graduation until all prior delinquencies are fully paid.

SECTION 42. Prohibition against the militarization of the school campus and nearby premises. The
pursuit of academic excellence and exercise of academic feedom can be attained only in an
atmosphere five from fear and unreasonable restraint. Pursuant thereto, no military detachmnera shall
be installed near and inside the school premises. Military elements and/or policemen in unifoam or in
lainclothes and schoo! security forces shall not interfere with student activities particularly mass
actions inside the school campus.

CHAPTER X
FINAL PROVISIONS,

SECTION 43. Rules and Regulations. The DepEd, TESDA, CHED and the Coumission on

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Human Rights (CHR), together with the representatives of national student organizations, national
student formations, representatives of schoo! administrations and the National Youth Commission
(NYO) shall promulgate the necessary rules and regulations to implement the provisions of this act
within ninety (90) days from its approval.

SECTION 44, Adnainistration and Enforcement. National student organizations and student councils
‘oF governments shall have the right to report to and demand an investigation from the appropriate
education agency into acts or acts committed by school authorities and/or administrations violative of
their rights as provided for in this Act, As such, they shal] have the right to an impartial speedy
resolution of the issue.

‘The appropriate education agency shall cause the suspension or revocation of the license or
permit of any school, college or university found w be guilty of violating rights guaranteed under this
Act. To protect the interests of the students, the Sate shall, during the period of suspension or upon
the cancellation of license, and untess restrained by the proper Court, take over the operations of the
school.

A fine not Jess than two bundred thousand pesos (P200,000.00) but not more than five
‘hundred thousand pesos (P500,000.00) shall be imposed on any school, college or university found
liable for violating this Act.

SECTION 45. Penal Provisions. Any person who shall willfully interfere with, restrain or coerce
any suxdent in the exercise of his/her rights guarantoed 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 Jess than fifty thousand pesos (P50,000.00) but not more than one hundred thousand pesos
{(P 100,000.00) or by imprisonment of not Jess than one year but not more than five years, o both at
the discretion of the Court.

If the offender is an educational instieution, 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, afler service of sentence, be deported immediately
without further proceeding in the Bureau of Immigration (BD. If the offender is a public officer or
‘employee, the Civil Service Commission or the Court shall, in addition to the penalties herein above
Provided, order his dismissal from the government service.

Refiusal of any goverament official, including those working in state colleges and
universities, whose duty includes investigating or acting on any complaint for a violation of this Act
to perform his or her duty shall be considered as gross negligence on the part of such official who
shall suffer the appropriate penalty under civil service laws, rules and regulations.

‘The DepEd, 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 subpocna duces tecum to secure the attendance of
witnesses and the production of documents in connection with the charges presented to the
‘appropriate body.

Any student whose rights have been violated as stipulated in this Act may file independent

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civil cases for damages against the offending persons, natural or juridical, He/she shall be exempt
from filing fees.

SECTION 46. Separability Clause. If amy part or provision of this Act is held unconstinutional ot
invalid, other provisions hereof which are not affected thereby shall continue to be in full force and
effect.

SECTION 47. Repealing Clause. All laws, decrees, orders, rules and regulations or gtber issuances
or parts thereof, inconsistent with the provisions of this Act are hereby repealed or modified
‘accordingly.

SECTION 48. Efecsivity. — This Act shalt take effect fifteen (15) days afler its publication in two
(2) national newspapers of general circulation.

Adopted,

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