THIRTEENTH CONGRESS OF THE REPUBLIC 
) 
OF THE PHILIPPINES 
) 
5 
11 P I 5 9  
First Regular Session 
1 
Introduced by Senator Francis N. Pangilinan 
EXPLANATORY NOTE 
The State acknowledges that education plays a vital role in the 
development of civil society. This premium on education finds support in Section 
415). Article XIV of the 1987 Constitution, which provides that "the State shall 
assign the highest budgetary priority to education and ensure that teaching will 
attract and retain its rightful share of the best available talents through 
adequate remuneration and other means of job satisfaction and fulfillment." 
The attempts to enact a Magna Carta for students during the previous 
Congress have not resulted into a concrete law providing for the rights of 
students. It is imperative that the rights and responsibilities of students be taken 
up immediately by the Senate if we are to comply with the Constitutional 
mandate to recognize the vital role of youth in nation building and the right of 
student youth to quality education relevant to the needs of the people and 
society. 
We all recognize that the future leaders of this country will come from the 
dynamic and talented student youth of today. The youth and the student 
sector deserve our utmost attention in these changing times. The force and 
strength of the youth and the student sectors as factors in political change were 
manifested in the recent political upheaval that was EDSA II. Through the 
Magna Carta, the student youth will be able to assert their rights and responsibly 
perform their duties. As our nation's future leaders, they should be responsive 
citizens who will uphold the rights of our people. 


THIRTEENTH CONGRESS OF THE REPUBLIC 
) 
OF THE PHILIPPINES 
1 
First Regular Session 
1 
Introduced by Senator Francis N. Pangilinan 
AN ACT PROVIDING FOR A MAGNA CARTA FOR STUDENTS 
Be it enacted by the Senate and the House of Representatives of the Philippines 
in Congress assembled: 
Section 1. 
Title - This Act shall be known as the Magna Carta for 
Students 
Section 2. 
Definition of Terms - For the purpose of this Act, the following 
terms shall mean: 
(a) 
Student - any person enrolled in and regularly attending school in 
the secondary, post-secondary, graduate and post-graduate level 
(b) 
School - shall mean any educational institution offering any or all 
courses in the abovementioned levels, private or public. 
School Campus - shall mean all contiguous or proximate buildings, 
grounds and their facilities designated by the institution's or school's 
rules and regulations as the areas or facilities for use by the students 
Admission Subject to No Other Restraint - Subject to fair, 
reasonable and equitable admission and academic requirements, no student 
shall be denied admission to any school on account of his physical handicap, 
social status, political or religious beliefs. 
(c) 
Section 3. 
Section 4. 
Rights of Students - In addition to their constitutionally 
guaranteed political rights, and subject to the limitations prescribed by law and 
jurisprudence, students in all schools shall enjoy the following rights: 
(a) 
The right to receive relevant quality education, in line with the 
needs of the people and society, through competent instruction: 
The right to freely choose their field of study, subject to existing 
curricula, and to pursue their studies until graduation, except in 
cases of academic deficiency or violation of disciplinary 
regulations: 
(b) 
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The right to school guidance and counseling services to help them 
make decisions and select the alternatives in fields of work 
according to their potentialities: 
The right to access their own school records, the confidentiality of 
which the school shall maintain and preserve. Such right shall be 
subject, however, to reasonable regulations such as the time of 
viewing: 
The right to the issuance of official certificates, diplomas, transcript 
of records, grades, transfer credentials and other similar documents 
within thirty (30) days from the date request was received by the 
school administrators and officials concerned; 
The right to publish a student newspaper and similar publications, as 
well as the right to conduct assemblies, symposia and other 
activities of similar nature: 
The right to free expression of opinions and suggestions, and to 
effective channels of communication with appropriate academic 
and administrative bodies of the school or institution: 
The right to form, establish, join and participate in organizations and 
societies recognized by the school to enhance their intellectual, 
cultural, spiritual and physical growth and development, or to form, 
establish, join and maintain organizations and societies for purposes 
not contrary to law: 
The right to be free from involuntary contributions, except those 
approved by their own organizations or societies; 
Every student shall be free from any form of unreasonable search 
and seizure within the school campus. Except for the following 
instances, no search and seizure of a student shall be deemed valid 
- 
(i) searches made at the point of ingress and egress by authorized 
personnel of the school; 
(ii) search and seizures of illegal articles or articles violative of the 
school's rules and regulations falling in the plain view of duly 
authorized personnel: 
(iii) search and seizures of articles that are illegal or violative of the 
school's rules and regulations discovered inadvertently by duly 
authorized personnel; 
(iv)searches made when the student is about to commit, is 
committing or has just committed a crime or a serious infraction 
of the school's rules and regulations: or 
(v) searches made with a valid search warrant; 
Articles seized in violation of the abovementioned right may not be 
used as evidence against the student in any disciplinary action that 
may be brought against him. 
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The right to the observance of administrative due process in any 
disciplinary action against a student; 
The right to freedom of intellectual inquiry within the campus shall 
be respected and students shall not be subjected to any form of 
indoctrination, ideological or otherwise. 
The right to adequate, safe and clean housing facilities within or 
near the school campus; and 
The right to be consulted and be informed about tuition fee 
increases ninety (90) 
days before their effectivity. 
Section 5. 
Student Government - The State shall ensure the democratic 
exercise of student governments. 
There shall be one central student 
council/government for each school or campus. It shall have its own set of 
officers elected in annual popular elections and it shall have the right to 
determine its policies and programs on student activities, subject to the 
provisions of the charter governing it. 
Section 6. 
Student Government Charter or Constitution -The contents of 
the student government charter shall be determined by representatives of 
students and the school's student affairs department. 
Section 7. 
Student Council Fees - The school administration shall assist 
the student council/government in financial matters through the collection of 
student council/government fees from students. Such funds shall be turned over 
to the student council/government after thirty (30) days from the last day of 
registration at the start of every school year. 
The student council shall 
thereupon, be accountable to the student body for such funds. 
Section 8. 
Student Representation in Policy Making Body - As far as 
practicable and consistent with the school's rules and regulations, there shall be 
student representative in the policy-formulating body of the school. 
The 
Chairman of the central student council/government shall automatically be the 
student representative to the policy-making body. He shall have the same rights 
as that of a regular member, but his privileges shall be limited to reimbursements 
for actual expenses in attending meetings. 
Section 9. 
Accreditation and Supervision of Student Organizations - 
There shall be a Board that shall take charge of the accreditation of student 
organizations in the school campus. It shall be composed of a representative 
from the student government, one from the school administration and another 
from the guidance and counseling office. All campus organizations shall be 
under the supervision of such Board which shall form part of any existing student 
affairs department. 
Section 10. No Use of Force and Exaction of Student Fees by Student 
Organizations -All campus organizations shall be prohibited from using any form 
of force or violence in the initiation of its members and from exacting excessive 
fees from its members. 
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Section 1 1. Student Publications - Students shall have the right to publish 
student newspapers free from outside interference and censorship. Pursuant 
thereto, no individual who is not a staff member of the student publication shall 
determine its contents. The editor shall take full responsibility for the contents of 
the publication, including civil and criminal liability. The selection of the student 
editor and the staff members shall be made by competitive examinations. The 
student editor shall enjoy security of tenure. 
Section 12. Duty of School Authorities and Student Editorial Staff - It shall 
be the duty of both the school authorities and student editorial staff to ensure 
that the school paper shall remain independent, express and advance the 
ideas, views and sentiments of the students and the same shall be published 
regularly. 
It shall be the responsibility of the school administration to assist the 
student paper/organ in its financial matters through collection of student 
paper/organ fees from the students. Such funds shall be held in trust for the 
unhampered use in the publication of the student paper or organ. 
The student editorial staff shall observe the ethics of professional 
journalism. It shall be the responsibility of the student editorial staff to ensure that 
the student paper/organ be not used for purposes contrary to law. 
Section 13. Guarantee of Demilitarized School Campuses - Except in 
cases of national or local emergencies, such as war, natural calamities or if the 
prevailing situation so requires, a military detachment may only be installed or 
maintained in campuses after the school authorities concerned have been duly 
consulted, informed and advised within a reasonable period of time. 
Section 14. Duties and Responsibilities of Students - 
Every student shall: 
Exercise his rights responsibly knowing that he is responsible for any 
infringement of the rights of others and violation of laws and 
regulations: 
Abide by the rules of his school governing academic excellence 
and peace and order; 
Make full use and advantage of his opportunities for education in 
order that he may become an asset to his family and may be of 
service to society; 
Refrain from defacing any part of the school campus or destroying 
any other property or facilities of the school which are used by the 
student body in general. He must also refrain from using any part of 
the campus or school property including bulletin boards or the 
student paper for illegal or immoral activities; and 
Observe proper conduct and decorum outside the school campus 
so as not to blemish his school's name and reputation. 
Section 15. Administrative - The Department of Education ("DepEd") 
shall create a multi-sectoral body composed of representatives of DepEd, the 
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school's administration and the student body to promulgate the necessary 
regulations and to monitor the different school campuses to ensure that student 
rights are protected. When there is a final finding of a school\s willful and 
repetitious infringement of student's rights, the body shall recommend to the 
proper agency of the DECS the suspension or cancellation of its license. 
Section 16. Repealing Clause - 
All laws, decrees, acts, regulations and 
rules or parts thereof which are inconsistent with this Act are hereby repealed or 
modified accordingly. 
Section 17. Separability Clause - 
If any provision of the Act is declared 
unconstitutional or the application thereof to any person, circumstance or 
transaction is held invalid, the validity of the remaining provisions of the Act, and 
the applicability of such provisions to other persons, circumstances or 
transactions shall not be affected thereby. 
Section 18. Effectivity - 
This Act shall take effect fifteen (1 5) days after its 
publication in the Official Gazette or in two (2) newspapers of general 
circulation. 
Approved, 
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