Republic of the Philippine
HOUSE OF REPRESENTATIVES
Quezon City

SIXTEENTH CONGRESS
First Regular Session

House Bill No,__ 3405

INTRODUCED BY REP. ROMAN T. ROMULO

EXPLANATORY NOTE

The 1987 Constitution mandates the State to protect and promote the right of all
citizens to quality education at all levels and shall take appropriate steps to make such
education accessible to all

However, more and more students and parents have been complaining that the
students have been barred by school authorities, mostly in private educational
institutions, from taking the prelims, midterm or final examinations in the case of higher
education students, and from taking the periodic examinations, in the case of basic
education students enrolled in private schools, due to failure to pay the balance of
tuition fees on time.

While the Constitution also mandates the State to establish and maintain a system of
scholarship grants, student loan programs, subsidies and other incentives which shall
be available to deserving students in both public and private schools, not all
underprivileged students have the opportunity to avail themselves of such financial
assistance because of certain qualification requirements that have to be met. Likewise,
there are students who are not necessarily poor, but their families have suffered from
sudden reversal of fortune or temporary setbacks due to natural causes or disasters or
are experiencing liquidity problems because they are sending more than two or three
children to school at the same time. Hence, these factors cause the delay in the
payment of tuition fees or even non-payment thereof within the prescribed period.

However, implementing a policy that disallows these students from taking the
examinations solely on the basis of non-payment of tuition fees on time is tantamount to
denying educational access to the students regardless of how studious and
academically deserving they are of obtaining a good education. This also leads to
emotional burden on the part of the students instead of letting them just focus on
reviewing for the examinations. This is what exactly happened recently in the case of,
University of the Philippines student Kristel Tejada who took her own life for failure to
pay her tuition fees on time.


This representation hopes that this will be an eye opener for all of us. Thus, the bill not
only seeks to protect the right of students to education, but also allows schools to have
other safeguards to ensure the payment of tuition fees, such as the withholding of
school records like class cards, transcript of records and diploma, among others, or the
non-issuance of clearance.

In view of the foregoing reasons, immediate approval of this measure is earnestly

sought. we 2
ae

ROMAN T. ROMULO
Representative
Lone District, Pasig City


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HOUSE OF REPRESENTATIVES
Quezon City

Sixteenth Congress
First Regular Session

House BILLNo.__ 3405

Introduced by Representative ROMAN T. ROMULO.

AN ACT
PENALIZING THE IMPOSITION OF A ‘NO PERMIT, NO EXAM POLICY’ OR
ANY SUCH POLICY THAT PROHIBITS STUDENTS IN ALL EDUCATIONAL.
INSTITUTIONS FROM TAKING THEIR PERIODIC, PRELIMS, MIDTERM OR
FINAL EXAMINATIONS DUE TO UNPAID TUITION AND OTHER SCHOOL,
FEES

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

SECTION 1. Short Title. This Act shall be known as the “Anti-'No Permit, No
Exam’ Act.”

SEC. 2. Declaration of Policy. It is hereby declared unlawful for any
educational institution, including primary, secondary, higher education institution
(HE!) or technical-vocational institute (TVI), whether public or private, to
disallow any student from taking any midterm or final examination due to non-
payment of tuition and other school fees under the established terms of
payment prescribed by the concerned educational institution and approved by
the Department of Education (DepED), Commission on Higher Education
(CHED) and Technical Education and Skills Development Authority (TESDA),
respectively.

SEC. 3. Coverage. This Act shall cover all public and private educational
institutions including primary, secondary and post-secondary HEls and TVIs.

SEC. 4. Right of Students. Students shall have the right to take the midterm or
final examinations notwithstanding the existence of unpaid financial obligations
to the school.

SEC. 5. Obligation of Students, The students and/or their parents, unless
waived by the school authorities concerned, shall be obligated to pay an interest
for the unpaid tuition and other school fees, which shall not be more than six


percent (6%) per annum, computed from the date of the examination taken by
the students until the date when the overdue and unpaid tuition and other
school fees are fully liquidated

SEC. 6. Rights of Schools. The school authorities shall have the following
tights against students with financial obligations, which remain due and
unsettled, to their schools:

(a) To withhold the release of the grades of a student with delinquent
account until the unpaid tuition and other school fees, plus interest
charges, are fully paid;

(b) To deny admission or enrolment of any student having unsettled tuition
or other school fees at the next succeeding semester classes, in the case
of higher education, or at the next succeeding short-term course, in the
case of post-secondary technical-vocational education, as the case may
be, until the previous delinquencies are fully paid; and

(c) To refuse issuance of school clearance to students with financial
obligations to the school until all previous delinquencies are fully paid.

SEC. 7. Unlawful Acts. In recognition of the students’ right to take their
midterm and final examinations, the following acts by educational institutions
shall be considered unlawful

(a) Disallowing students with due and unpaid tuition and other school fees
from taking the mid-term or final examination;

(b) Requiring the students to secure a permit to take the midterm or final
examination from the school authorities prior to the administration of
midterm periodic or final examination; and

(c) Compelling the students to pay upon enrollment a down payment or first
installment equivalent to more than thirty percent (30%) of the total
amount of tuition and other school fees for the entire semester or
duration of the course.

SEC. 8. Penalties. Any school official or employee, including deans,
coordinators, advisers, deans, professors, instructors and other concerned
individuals found guilty of violating any of the unlawful acts enumerated in
Section 7 of this Act shall be punished by a fine of not less than Twenty
Thousand Pesos (P20,000.00) but not more than Fifty Thousand Pesos
(P50,000.00).


SEC. 9. Implementing Guidelines. Within sixty (60) days. from the effectivity
of this Act, the DepED, CHED and TESDA shall promulgate the implementing
guidelines necessary to enforce the objectives of this Act.

SEC. 10. Separability Clause. If any provision or part thereof is held invalid or
unconstitutional, the other sections or provisions thereof shall not be affected
thereby and shall remain in force and effect.

SEC. 11. Repealing Clause. All laws, presidential decrees, executive orders,
proclamations, issuances, administrative orders, rules and regulations contrary
to or inconsistent with any provision of this Act are hereby amended, repealed
or modified accordingly.

SEC. 12. Effectivity Clause. This Act shall take effect fifteen (15) days after
its publication in two (2) newspapers of general circulation

Approved,