Republic of the Philippines
HOUSE 0F REPRESENTATIVES
Quezon City
NINETEENTH CONGRESS
First Regular Session
HousE`:I:L`No.6540
Introduced by Representative CAMILLE A. VILLAR
AN ACT
PROHIBITING THE IMPOSITION OF A "N0 PERMIT, NO EXAM" POLICY, OR
ANY  POLICY  THAT  PREVENTS   STUDENTS   ENROLLED  IN   PUBLIC   OR
PRIVATE EDUCATIONAL INSTITUTIONS FROM TAKING EXAMINATIONS
0R   ANY   FORM   0F   EDUCATIONAL   ASSESSMENT   FOR   REASONS   0F
OUTSTANDING   FINANCIAL   0R   PROPERTY   OBLIGATIONS,   SUCH   AS
UNPAID TUITION AND OTHER SCHOOL FEES
EXPLANATORY NOTE
```.    ,                `{;+.
The 1987 Philippine Constitution is very explicit in promoting the right of all
Filipinos to quality education, to wit: ``The State shall protect and promote the right
of all citizens to quality education at all levels, and shall take appropriate steps to
make such accessible to all" (Article XIV, Section 1).
It is  the right of all students to keep  their education,  no matter what their
social and economic status is. However, this constitutionally guaranteed right was
hampered and violated by very prohibitive school policies especially when it comes
to taking examinations, thus affecting their right to education.
This legislation is put forward to make education accessible to all, especially
to  the  underprivileged,  and  correct  academic  policies  in  contradiction  with  this
constitutional provision.
Under the Commission on Higher Education's (CHEd) Memorandum Order
9-2013,    ``there   shall   be   mechanisms   for   higher   educational   institutions   to
institutionalize  more  compassionate  policies and  guidelines  particularly  for those
students belonging to the vulnerable and marginalized sectors of our country." The
CHEd   memorandum   also   states   that   ``innocase   shall  the   HEI   implement   a


`no permit, no examination' policy in case of financial incapacities of the students."
This CHEd memorandum came in the wake of protests and criticisms following the
death of a university student who was forced to take a leave of absence over unpaid
tuition.
Although the no permit, no exaln policy has been scrapped in most higher
educational institutions, there are still others that practice such notorious poliey to
the detriment of students, as well as teachers. In some instances, students who have
not paid their tuition were allowed to take the exams, but they are prohibited from
viewing their grades online until they settled their unpald school fees. Professors, for
their part, have to prepare separate exams for the affected students, thus, eating up
their time.
This  legislation  makes  it  unlawful  for  educational  institutions  to  require
students  to  secure  a  permit  from  school  authorities  before  they  could  take  an
examination.  This  bill  also  imposes  penalties  against  schools  found  violating  the
prohibition against the  ``no permit, no exam"  policy,  from P20,000 to P50,000  for
each case.
Poverty  should  never be  an  issue  in  getting quality education.  Parents  or
guardians sending students to school often find a difficult time processing payments
on time due to unforeseen circumstances, and this should not hinder the student's
access to quality education.
This legislation should have been passed several years ago, as this inhumane
school policy had already affected several previous students.
In view of the foregoing, approval of this bill is eagerly sought.
cwic4cwdro.
CAMILLE A. VILLAR


Republic of the Philippines
HOUSE 0F REPRESENTATIVES
Quezon City
NINETEENTH CONGRESS
First Regular Session
Housi'k|^LLNo.6540
Introduced by Representative CAMILLE A. VILLAR
AN ACT
PROHIBITING THE IMPOSITION OF A ''N0 PERMIT, NO EXAM" POLICY, OR
ANY  POLICY  THAT  PREVENTS   STUDENTS  ENROLLED  IN  PUBLIC  0R
PRIVATE EDUCATIONAL INSTITUTIONS FROM TAKING EXAMINATIONS
0R   ANY   FORM   0F   EDUCATIONAL   ASSESSMENT   FOR   REASONS   OF
OUTSTANDING   FINANCIAL   0R   PROPERTY   OBLIGATIONS,   SUCH   AS
UNPAID TUITION AND OTHER SCHOOL FEES
Be  it  enacted by  the  Senate  and  House  Of Representatives  Of the  Philippines  in  Congress
assembled:
Sccfi.o7t 1.  Short Tz.fJc. -This Act shall be known as the "No Permit, No Exam'
Prohibition Act of 2022".
Scc.  2.  DccJfl7.¢f!.o7t  a/ PoJz.ey.  -  It is  hereby  declared  the  policy  of the  State  to
promote  the  right  of  all  citizens  to  quality  education  and  to  ensure  access  to
educational services regardless of personal or socioeconomic circumstances.
Towards  this  end,   it  is  hereby  declared   unlawful   for  any  educational
institution, public or private, to prevent any student from taking examinations or
any form of educational assessment for reasons of financial or property obligations,
including unpaid tuition and other school fees.
Scc.  3.  CotJcr¢gc.  -  This  Act  shall  cover  all  public  and  private  educational
institutions, including elementary and secondary schools, post-secondary technical-
vocational   institutes,   and   higher   educational   institutions;   and   all   individuals
enrolled  under  the  K to  12  Basic  Educational  Program,  in  certificate,  diploma  or
degree programs of higher educational institutions, or in short-term courses offered


by technical-vocational training institutes.
Sec. 4. Prohibition Against 'No Permit, No Exam'  Poliey.   -  No puhiic or private
educational   institutions   shall   impose   any   policy   to   prevent   students   with
outstanding  financial  or  property  obligations,  such  as  unpaid  tuition  and  other
school fees, from taking examinations or any form of educational assessment with
the rest of the student body: Provided, That the students and/or their parents or legal
guardians shall execute a promissory note addressed to the educational institution
concerned   or   its   duly   authorized   representative,   indicating   the   amount   of
outstanding  financial  or  property  obligations  and  the  date  when  such  obligation
would be settled:
Provided,   further,   That,   unless   waived   by   the   educational   institutions
concerned,  the outstanding financial or property obligations shall bear an interest
rate  not  exceeding  six  percent  (6%)  per  annum  computed  from  the  date  Of  the
examination taken by the students until the date when such obligations are paid.
Sac.  5.  Awfhor!.zed Jrzterz)c7ifz.orls.  -  Educational institutions  may enforce  any of
the following interventions against students with outstanding financial or property
obligations until such time that such obligations have been settled:
(a)  Withhold  the  release  or  issuance  of  grades,  diplomas  or  certificates,
whichever  is  applicable:  Provided,  That  the  grades,  diploma,  or  certificates  of
students with outstanding financial or property obligations shall be processed and
recorded together with the grades, diplomas and certificates of the rest of the student
body;
a) Deny admission or enrolment in the succeeding school year,  short-term
course, or semester, whichever is applicable;
(c) Refuse the issuance of applicable clearances; or
(d)  Pursue  the  settlement  of outstanding  financial  or  property  obligations
through  appropriate  court  action:  Provided,  That  this  subsection  shall  not  be
construed to prohibit either party from engaging in alternative modes of resolution
to settle the outstanding financial or property obligations:
Provided,  further,  That  the  total  fines,  penalties,  or  interests  that  may  be
imposed against the students and/or their parents or legal guardians shall not exceed
the maximum interest rate provided under Section 4 of this Act.
Scc.  6.  Profo!.b!ted  Acfs.  -  The  following  acts  committed  by  any  educational
institution shall be prohibited:


(a)   Disallowing   any   student   with   outstanding   financial   or   property
obligations from taking examinations or any form  of educational assessment with
the rest of the student body;
@) Requiring any student to secure a permit to take an examination or any
form of education assessment from the school authorities prior to the administration
of such examination or assessment;
(c) Compelling any student or his or her parents or legal guardians to pay a
portion   of   the   outstanding   financial   or   property   obligations   prior   to   the
administration of any exarfunation or assessment; or
(d) Imposing fines, penalties or interests on outstanding financial or property
obligations in excess of the maximum interest rate provided under Section 4 of this
Act;
Scc.  7.  Pe7z¢Jf i.cs.  - Educational institutions found guilty of committing any of
the prohibited acts enumerated in Section 6 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) for each case.
Sec. 8. Implementing Rules and Regulations (IRR). -  Wifhiln thirty (30) days fron
the  effectivity  of  this  Act,  the  Commission  on  Higher  Education  (CHED),  the
Department   of   Education   (DEPED),   and   the   Technical   Education   and   Skills
Development Authority (TESDA) shall jointly promulgate the rules and regulations
to effectively implement the provisions of this Act.
Scc.  9.  Sap¢rab{.J..fry  CJ¢#sc.  -  If  any  provision  or  part  hereof  is  declared
unconstitutional,  the  remainder of this Act or any provision not affected thereby
shall remain in full force and effect.
Scc.  10.  RcpcflJz.7£g CJ¢wsc.  -All laws, acts, decrees, executive orders, issuances,
and rules and regulations or parts thereof which are contrary to and inconsistent
with this Act are hereby repealed, amended or modified accordingly.
Scc.   11.   £#gc£].z%.fy.   -  This  Act  shall  take  effect  immediately  following  its
publication  in  the  Official  Gazette  or  in  at  least  two  (2)  newspapers  of  general
circulation.
Approved,