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

SIXTEENTH CONGRESS
First Regular Session

House Bill No. 1058

Introduced by Kabataan Party-list Representative Terry L. Ridon

EXPLANATORY NOTE

The Philippines, as a party to the International Covenant on Economic, Social and
Cultural Rights, agreed that "education shall be directed to the full development of the
human personality and the sense of its dignity, and shall strengthen the respect for human
rights and fundamental freedoms” and “that education shall enable all persons to participate
effectively in a free society, promote understanding, tolerance and friendship among all
nations and all racial, ethnic or religious groups.”

Our Constitution mandates all educational institutions to “inculcate patriotism and
nationalism, foster love of humanity, respect for human rights, appreciation of the role of
national heroes in the historical development of the country, teach the rights and duties of
citizenship, strengthen ethical and Spiritual values, develop moral character and personal
discipline, encourage critical and creative thinking, broaden scientific and technological
knowledge, and promote vocational efficiency,”.

tis then unfortunate that a large number of Philippine educational institutions
Not only fall short of its duties as stated in the Constitution, they - willingly or
unwillingly-violate the constitutionally guaranteed rights of students. Many cases of
discrimination, repression of freedom of speech and the right to organize have been
feported, Schools have taken to the practice of having enrollees sign waivers against
Joining certain organizations and activities as a precondition for enrollment. Not a few
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,

Historically, school organizations and publications have served as venues through
which our students realize their involvement as a member of a community. Joining a
student organization is an essential part of student life, as this is where they gain added
knowledge and skills beyond the four walls of a classroom. During Martial Law, for
instance, student organizations served as a concrete venue through which the youth defied
tyranny and courageously advanced social justice and democracy. Twice in our nation's


history we witnessed the youth, led by their organizations, march to the streets to demand
a clean government and forced an allegedly corrupt president to step down, The historic
existence of student organizations is testament to their latent power to affect and effect
social change.

It Is 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,

The Philippine Constitution provides that the State "shall promote and protect their
physical, moral, spiritual, intellectual, and social well-being. It shall inculcate in the youth
patriotism and nationalism, and encourage their involvement in public and civic affairs". It is
imperative that we legislate a document that declares and reaffirms the rights of students,

As stated in the American Supreme Court decision on a landmark case on student
rights, "Students do not shed their rights at the schoolhouse gate", The passage of this bill
will aid students to reclaim their Constitutional rights in campuses.

In this view, the passage of this bill is urgently sought.

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

SIXTEENTH CONGRESS
First Regular Session

House Bill No, 1098

Introduced by Kabataan Party-list Representative Terry L. Ridon

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 |
GENERAL PROVISIONS

SECTION 1. Short Title. - 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 institutions shall inculcate in them patriotism and nationalism, encourage
critical and creative thinking, strengthen ethical and spiritual values and teach the rights and
duties of citizenship. The State shall likewise recognize the material and historical role of the
youth in nation building and shall thus take steps to foster and support the youth, in solidarity
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:

(a) Education is a right. It is the responsibility of the State to provide quality and
accessible education at all levels. It is thus a responsibility of the Government to
support and give priority to education as a basic right of all citizens;

(b) 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 to organize, join and actively participate in student organizations,
alliances, federations, and student publications which promote and protect students’
rights and welfare and/or contribute to national development and social change shall
be guaranteed by the State and school authorities;

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


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mean:

undermine constitutionally protected rights and freedoms (freedom of association,
freedom of assembly, freedom of expression, among others);

(d) 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 autonomous from the influences of educational institutions.

(e) Student 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 atthe 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

(a) * Student’ - any person enrolled in the elementary, secondary, post-secondary,
tertiary, graduate and post-graduate levels, including vocational and technical
education. For purposes of this Act, this shall include any person who has been
separated from the school but pursues a pending suit for violations 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.

(0) * School Campus" - the totality of all contiguous or proximate buildings, grounds,
and other facilities designated by the school authorities as areas or facilities for the
curricular and extracurricular use of their students.

(a) * Governing Board’ — the highest policy making body of the school such as the
Board of Directors, Trustees or Regents,

(e)* Student Council or Government’ — the body representing the whole student
population in one school or schoo! campus whose officers are annually elected at
large 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.

(f)" 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
forms, independently published by, and which meets the needs and interests of the
students.

(g)" Council of Leaders’ - the body composed of the heads of various student
organizations chaired by the President or Chairperson of the Student Council or by
any student duly elected by the student organizations.

(h)“ Tuition” — the fee representing direct costs of instruction, training and other
related activities, and the use of school facilities. The term other school fees refers to
fees which cover other necessary costs supportive of instruction, including but not
limited to medical and dental, athletic, library, laboratory and NSTP fees


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CHAPTER II
RIGHT TO ADMISSION, NON-DISCRIMINATION AND QUALITY EDUCATION

SECTION 5. Right to Admission and Non-Discrimination.~ No student shall be
denied admission tonor be expelled from any school on account of his/her physical
handicap, socio-economic status, political or religious beliefs, sexual orientation or
membership in student organizations, nor shall pregnant students, certified reformed drug
abusers, and those suffering from the acquired immune deficiency syndrome be
discriminated against. No student shall be punished with disciplinary action and be denied
services, scholarships and other privileges on account of the same.

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

SECTION 6. Right to choose field of study. -A student shall have the right to freely
choose his/her fields of study subject to existing curricula, and to continue his/her course up
to graduation except in case of academic deficiency or violation of disciplinary regulations
which do not infringe upon the exercise of students’ rights.

SECTION 7. Right to competent instruction and relevant quality education. - Every
student shall have the right to competent instruction and quality education relevant to his/her
personal and cultural development and that of the nation. 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. -It shall be
the responsibility of the school administration to provide the students with adequate welfare
services and academic facilities. These services and facilities shall include:

(a) Adequate laboratory, library, research, recreation and physical education
facilities;

(b) Free annual physical check-up;
(c) Counseling;

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

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

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

‘The denial of access to welfare services and academic facilities is prohibited.


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CHAPTER III
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 campus organization, unions, societies,
nationwide youth groups, alliances or federations, for purposes not contrary to law shall not
be abridged. Such student formations shall 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 student 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 concerned 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 student organizations that become temporarily inactive for reasons beyond its
control.

SECTION 11. Right to 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, free of charge, a hall or building to house the
offices of student organizations within premises of the school. Furthermore, the school
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 restraint against the right to organize and to
associate. ~Acts that impair the rights of students to organize are prohibited, such as:

(a) 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;


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(b) Imposition of unreasonable requirements on student 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;

(c) Discriminatory policies in the assignment of schoo! facilities and in granting other
privileges to student organizations;

(a) Imposing any user fees and other charges for the use of school facilities on the
basis that such facilities are already being paid for through tuition and other fees;

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

SECTION 13, Right to establish @ student council or government. - There shall be
fone university student council or government for each school, college or university campus
that shall be recognized by the schools, colleges and universities concerned. It shall have its
‘own set of officers elected in annual popular election; 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 constitution. 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 simple 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 unaffiliated
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 governments that have
been previously ratified by the students shall remain in effect.

SECTION 16. Right to policy-making on student activities, Every student council or
government shall have the right to determine its policies and programs on student activities
subject to the student council or government charter or constitution and to school rules and
regulations; Provided, that the latter does not infringe on basic rights and freedoms of
students;

SECTION 16. Student council elections.-There shall be an independent
Commission on Elections (COMELEC) that shall oversee and facilitate the honest, orderly,
and peaceful conduct of election of officers of the student council or government. The
COMELEC shall 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 council funds. —There shall be a fee to be collected from
students to finance the operations of the student 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 turn over the collected amount to the
student council or government within fifteen (15) days after the last day of enrollment.


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If the student council or government concerned signifies to the school administration
that it shall collect on its own its fee, they should notify the school administration. School
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 government previously collecting the fee on its
own signifies to the school administration its decision to let the school administration
facilitate the collection of the fee, the school administration shall thus collect the fee during
enrollment period and turn 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 funds that
shall be released by the school administration who shall issue a list of the students enrolled
for the current semester or term to the student council

The student council or government shall issue to the student body a financial report
at the end of its term. To take effect, a proposal to increase the student council or
government fee 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 faculty, whose functions shall be limited to technical assistance. The
approval of the faculty adviser shall not be a precondition to the execution of any student
council activity,

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

CHAPTER IV
RIGHT OF EXPRESSION AND FREE SPEECH

SECTION 20. Right to freedom of expression. -Students shall have the right to freely
exercise their constitutional rights to peaceful assembly and to free speech and expression,
or petition the school authorities and the government for the redress of grievances. No
school regulation shall be imposed violating or abridging any of the above stated rights. No
student may be subjected to 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. Students shall have access to print
and broadcast media in their respective activities. They shall also have the right to print,
circulate and/or mount leaflets, newsletters, posters, wall news, petitions and other such
materials. School authorities shall 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


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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 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. —
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 closed student publications. -A\l student publications whose
operations ceased upon the directives of the school administration shall 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 26. Student publication funds.~Funding for the student publication shall be
sourced primarily from student publication fees 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 intervention. 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 funds that shall be released by the school administrator who shalll 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 student
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.

In no instance shall the Commission on Higher Education, Technical Education and
Skills Development Authority, and the Department of Education, as the case may be, or the
school administration concerned, withhold the release of funds 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 student publications shall not be suspended, expelled or punished with
administrative sanctions solely on the basis of the articles he/she has written except when


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such articles constitute a violation of the law. A student journalist's academic performance as
a student shall not be used as basis for his or her dismissal from the student publication.

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 funds. At the end of each semester or term, as the case may be, the
editorial board shall prepare a report on the disbursement of funds subject to accounting and
auditing rules. Such report shall be posted at the school'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 staff
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 shalll freely choose the printing press it wants to avail the services
of.

CHAPTER V
ACADEMIC FREEDOM OF STUDENTS

SECTION 30. Academie Freedom. ~Students' academic freedom shall consist of, but
not limited to, the following:

(a) 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 appropriate circumstances;

(©) 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 concern which directly or
indirectly affects the students or the educational system;

(d) To invite off-campus speakers or resource persons to student sponsored
assemblies, for a, symposia, and other activities of similar nature;

(e) To express contrary interpretations or dissenting of
classroom;

\side and outside the

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

(g) To participate in the drafting and/or revising of the student handbook which shall
include the school rules and regulations, a copy of which shall be furnished the
students upon admission to the school;

(h) To freely discuss and criticize university policies and national policies.


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CHAPTER VI
RIGHT TO INFORMATION

SECTION 31, Right to be Informed. ~The right of the students to information on
maters directly or indirectly affecting their welfare shall be recognized. Access to official
records and other pertinent documents and papers pertaining to official acts, transactions or
decisions shall be afforded the students subject only to reasonable regulations.

CHAPTER VII
RIGHT TO PARTICIPATE IN POLICY-MAKING

SECTION 32. Participation in policy-making process in schools. There shall be a
student representative in the Governing Board of the school. The chairman/president of the
student council or any designated representative chosen by the heads of various local
college student councils shall be the student representative and shall have the same rights
as those of a regular member; Provided, that his/her privileges shall be limited to
reimbursements for actual expenses incurred in attending meetings. The same rights shall
be granted to the secondary level

The students shall also be represented in other policy-making bodies which directly
affect their welfare, 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. Students’ initiative and referendum, ~The student counciligovernment
through a majority vote 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 all the bona fide students of the
school in a referendum called for the purpose.

SECTION 36, Right to file an appeal. —The student council or government through a
majority 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 referred
to in the previous paragraph may file a motion for reconsideration on any decision of the
governing board,

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


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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. Schoo! fees and other tariffs.~
(a) All involuntary contributions shall be prohibited.

(b) In releasing documents, academic records, and similar certifications, schools are

Prohibited from imposing fees beyond the actual cost of reproducing the documents.

(c) Itis hereby created a set of guidelines schools with proposed increases in tuition

and all other fees must follow:

1, The school shall effectively inform the students, parents, teachers and non-
teaching personnel of the proposed tuition and other fee increase and the place and
date of the consultation at least 30 days before the consultation proper. The student
council or government, heads of student organizations, student publications shall be
directly informed via formal communication of pertinent details of the consultation,
The same communication shall be given to parents, faculty, and non-teaching
personnel organizations, if such exist;

2. Allltuition consultations shall be made before February 28;

3. The school shall make easily available at least 30 days before the consultation
all pertinent documents including, but not be limited to, financial reports including
acomprehensive report of the incremental proceeds of 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
non-teaching personnel in preparation for the consultation;

5. The school 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 concerned parties may amend to include proposals not limited to review,
refund and scrapping of existing fees;

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

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

8. The consultation must be attended by the President of the school and at least one
(1) member of the Governing Board

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

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


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

CHAPTER VIII
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.

(a) He shall have the right to defend himself, to be heard and to present evidence on
his behalf before an impartial body.

(b) There shall be an independent Student Disciplinary Board to be composed of one
(1) faculty member, two (2) students and one (1) non-academic employee to conduct
investigations in to and decide on cases of student violations of disciplinary standards
committed in relation to student activities, within campus premises or committed against a
fellow student or other members 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 board should not only
be impartial but should also appear to be impartial.

(c) 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 nature and cause of the accusation
against him/her;

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

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

4. The right to a hearing before the Student Disciplinary Board;

5. They shall be informed of the evidence against them;

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

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

8. The concept of proportionality between the offense committed and the sanctions
imposed shall be committed;

9. The right against self-incrimination;

10. The right to appeal adverse decision of the Student Disciplinary Board to the
governing board and ultimately to the appropriate education agencies;

11. The right to confidentiality;


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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

(d) 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.

(e) 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,

(f) Subject to existing laws, 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.

(g) 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 court,
criminal or civil, against a student, it may do so only after the Student Disciplinary Board or
Tribunal has determined that the student concerned has committed the same; Provided,
however, should the student found guilty thereof by the Student Disciplinary Board or
Tribunal decide to appeal the decision thereof to the governing board of the school, DepEd,
CHED, or TESDA the school administration cannot file the criminal or civil case based on
the doctrine of exhaustion of administrative remedies.

SECTION 38. Right against illegal searches and seizures. ~Any form of unlawful and
unreasonable search and seizure shall be illegal. Articles 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 him/her.

CHAPTER IX
OTHER RIGHTS

SECTION 39. Right of entry. -In case of violations of "No 1D, 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 a valid identification card,

SECTION 40. Access to schoo! records and issuance of official certificates. Subject
to the provisions of the following section, every student shall have access to his/her own
school records, the confidentiality of which the school shall maintain. He/She shall have the
right to be issued official certificates, diplomas, transcripts of records, grades, transfer
credentials and other similar documents within thirty (30) days from the filing of the request
and accomplishment of all pertinent requirements.


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SECTION 41. Unpaid tuition fees and examinations. ~Students with delinquent fees
shall have the right to take an examination. No student shall be prohibited from taking 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 concerned to withhold the release or
issuance of their school clearance prior to their graduation until all prior delinquencies are
fully pai

SECTION 42. Prohibition against the militarization of the school campus and nearby
premises.—The pursuit of academic excellence and exercise of academic freedom can be
attained only in an atmosphere free from fear and unreasonable restraint. Pursuant thereto,
no military detachment shalll be installed near and inside the school premises,

Military elements and/or policemen in uniform or in plainclothes and school security
forces shall not interfere with student activities particularly mass actions inside the school
campus.

SECTION 43. Right to Privacy.—The privacy of communication and correspondence
of students shall remain inviolable,

CHAPTER X
FINAL PROVISIONS

SECTION 44. Rules and Regulations. —The DepEd, TESDA, CHED and the
Commission on Human Rights (CHR), together with the representatives of national student
organizations, national student formations, representatives of school administrations and the
National Youth Commission(NYC) shall promulgate the necessary rules and regulations to
implement the provisions of this act within ninety (90) days from its approval

SECTION 45. Administration and Enforcement. -National student organizations and
student councils or 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 shall 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 to be guilty of violating rights
guaranteed under this Act. To protect the interests of the students, the State shall, during the
period of suspension or upon the cancellation of license, and unless restrained by the proper
Court, take over the operations of the school

A fine not less than two hundred 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 48, Penal Provisions. -Any person who shall willfully interfere with,
restrain or coerce any student in the exercise of his/her rights guaranteed by this Act, or who
shall in any other manner commit any act to defeat any provision of this Act, shall, upon
Conviction, be punished by a fine of not less than fifty thousand pesos (P50,000.00) but not
more than one hundred thousand pesos(P100,000.00) or by imprisonment of not less than
‘one year but not more than five years, or both at the discretion of the Court


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If the offender is an educational institution, or any juridical person, the penalty shall
be imposed upon the President, Treasurer, Secretary or any person or officer responsible for
the violation. If the offender is an alien, he shall, after service of sentence, be deported
immediately without further proceeding in the Bureau of Immigration (BI). 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.

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

SECTION 47. Separability Clause. If any part or provision of this Act is held
unconstitutional or invalid, other provisions hereof which are not affected thereby shall
continue to be in full force and effect.

SECTION 48. Repealing Clause. —A\l laws, decrees, orders, rules and regulations or
other issuances or parts thereof, inconsistent with the provisions of this Act are hereby
repealed or modified accordingly,

SECTION 49, Effectivity. - This Act shall take effect fifteen (15) days after its
Publication in two(2) national newspapers of general circulation.

Approved,