THIRTEENTH CONGRESS OF THE REPUBLIC) 
OF THE PHILIPPINES 
1 
FEE -3 #'r 25 
cr 
First Regular Session 
1 
Introduced by Senator Miriam Defensor Santiago 
EXPLANATORY NOTE 
The Constitution, Article 14, Section 4, paragraph 1, provides: 
The State recognizes the complementary roles of public and private 
institutions in the educational system and shall exercise reasonable supervision 
and regulation of all educational institutions. 
Under Section 42 of BP Blg. 232, otherwise known as Education Act of 1982, private 
learning institutions are free to determine their tuition and miscellaneous fees. However, tuition 
fees in colleges are subject to consultation with their student councils/governments, faculty, 
alumni, and/or non-teaching personnel associations. In the absence of a student 
council/government, the student organizations and societies recognized by it shall select not 
more than ten (10) representatives who will participate in the consultation (Section 1 of CHED 
Memorandum Order No. 13 series of 1998, and in pursuant to Section I8 0fR.A. No. 7722, 
otherwise known as Higher Education Act of 1994, where the power of Department of Education 
on tertiary education, including the authority given by Section 57, par.3 and Section 70 of BP 
Blg. 232, and the power vested by Presidential Decree No. 451 authorizing the Secretary of 
Education to regulate imposition of tuition and other fees). 
Unfortunately, such consultations have become mere formalities because in reality, the 
process only involves the presentation of the planned increases and nothing more, thus defeating 
the essence for which consultations are conducted, which is to arrive at a consensus on the 
necessity and practicability of such hikes. 
Since the said memorandum pertains only to tuition fees, the colleges and universities 
circumvent the law by increasing their miscellaneous and/or adding other fees without proper 
consultation with their student councils/governments, parents, faculty, and alumni. 
Students have the right to h o w  and be consulted on what they arc paying for. This bill 
seeks to provide that all educational institutions, whether public or private, shall hold mandatory 
consultation with their student councils/governments, parents or guardians, alumni, faculty, and 
other non-teaching personnel associations, before increasing and/or adding miscellaneous fees, 
other fees, and paid services. 
M RIAM DEFANSOR SANTI~GO 
4 


THIRTEENTH CONGRESS OF THE REPUBLIC) 
OF THE PHILIPPINES 
1 
5 n3-l -3 all :25 
First Regular Session 
1 
Introduced by Senator Miriam Defensor Santiago 
AN ACT 
PROVIDING THAT ALL EDUCATIONAL INSTITUTION, WHETHER PUBLIC OR 
PRIVATE, SHALL HOLD MANDATORY CONSULTATION WITH STUDENTS, PARENTS 
ASSOCIATIONS, BEFORE INCREASING AND/OR ADDING MISCELLANEOUS FEES, 
OTHER FEES. AND PAID SERVICES 
OR GUARDIANS, ALUMNI, TEACHERS, AND OTHER NON-TEACHING PERSONNEL 
Be it enacted by the Senate and House ofRepresentatives of the Philippines in Congress 
assembled: 
SECTION 1. Short Title. - This Act shall be known as the “Miscellaneous and Other 
Fees Consultation Act of 2005.” 
SECTION 2. Declaration ofPolicy. - It is the policy of the state to exercise reasonable 
supervision and regulation of all educational institutions. 
SECTION 3 .  Dejnition of Terms. - as used in this Act, the term: 
(1) “Student” - refers to any person enrolled in elementary, high school, center, tertiary, 
graduate, and post graduate levels. 
(2) “Tuition fee” - refers to the direct cost of 
(a) instruction, 
(b) training, 
(c) the use of school activities, 
(d) and other related activities. 
(3) “Miscellaneous” - refer to fees which cover other necessary cost supportive of 
instruction, including but not limited to medical and dental, athletic, library, laboratory, and 
National Service Training Program (NSTP) or Reserved Officers Training Corps (ROTC). 


(4) ”Other fees” - refer to additional fees imposed by the school, center, and the HE1 
which are not included in the “miscellaneous fees”. 
(5) “School” -refers to elementary and high school. 
(6) “Higher Education Institution or HEI” -refers to colleges and universities. 
(7) “Center” - refers to learning centers that grant short-term courses. 
(8) “Short-Term Courses” - courses offered for a duration of not greater than two (2) 
years but not less than six (6) months. 
(9) “DepEd” - refers to the Department of Education. 
(10)”CHED” - refers to the Commission on Higher Education. 
(1 1)”TESDA” - refers to the Technical Education and Skills Development 
Authority. 
(12) “Private Schools” - refers to those owned and operated by an individual or group of 
individuals distinct from the government. 
(13) “Public Schools” - refers to those owned, controlled, and operated by the 
government. 
SECTION 4. Consultation Requirement for School. - All Schools intending to increase 
their miscellaneous, andor other fees, or add other paid services, which will result to other fees, 
for the ensuing School Year (SY) or Academic Year (AY), before submitting to the DepEd other 
required documents and notices, must hold mandatory consultation with their student 
councils/governments, parents or guardians, alumni, teachers, and non-teaching personnel 
associations. In the absence of a student council/government in an educational institution, the 
student organizations and societies recognized by the School, shall select not more than ten (10) 
representatives who will participate in the consultation. 


SECTION 5. Consultation Requirement for HE1 - All Higher Education Institutions 
intending to increase their miscellaneous, and/or other fees, or add other paid services, which 
will result to other fees, for the ensuing Semester, School Year (SY) or Academic Year (AY), 
before submitting to the CHED other required documents and notices, must hold mandatory 
consultation with their student councils/governments, alumni, teachers, and non-teaching 
personnel associations. In the absence of a student council/government in HEI, the student 
organizations and societies recognized by the School, shall select not more than ten (10) 
representatives who will participate in the consultation. 
SECTION 6. Consultation Requirement for Center. - All Centers intending to increase 
their miscellaneous, and/or other fees, or add other paid services, which will result to other fees, 
for the ensuing Semester, School Year (SY) or Academic Year (AY), before submitting to the 
TESDA other required documents and notices, must hold mandatory consultation with their 
student councils/governments, instructors, and non-teaching personnel associations. In the 
absence of a student council/government in Center, the student organizations and societies 
recognized by the Center, or in the absence of any student organizations, at least ten (10) student- 
representatives who will participate in the consultation. 
SECTION 7. Implementing Rules and Regulations. - The DepEd, CHED, and TESDA 
are hereby authorized to promulgate the necessary rules and regulations for the effective 
implementation ofthis Act within thirty (30) days upon its approval. 
SECTION 8. Deadlock - In case no consensus have reached, the DepEd, CHED, and 
TESDA are hereby authorized to decide whether the intending increase or additional fee or paid 
services is meritorious but will not bar either party to seek remedy from the Court when there is 
less or grave abuse of discretion. 


SECTION 9. Sanctions. - In case of violation of this Act and the rules and regulations for 
the effective implementation of this Act, the DepEd, CHED, and TESDA are hereby authorized 
to restrain and fine the School, HEI, and the Center, and cancel its application for miscellaneous 
and/or other fee increase, andor application for adding other paid services, without prejudice to 
the filing of the administrative and criminal charges against the school and/or responsible 
officers under existing laws. 
SECTION 10. Scholarship Fund - The fine to he imposed by the DepED, CHED, and 
TESDA shall he constituted as a scholarship fund under a program to be established by the 
DepEd, CHED, and TESDA. 
SECTION 11. Separabilily Clause. - If any provision or part hereof, is held invalid or 
unconstitutional, the remainder of the Act or the provision not otherwise affected shall remain 
valid and subsisting. 
SECTION 12. Repealing Clause. - Any law, presidential decree or issuance, executive 
order, letter of instruction, administrative order, rule or regulation contrary to, or inconsistent 
with the provisions of this Act is hereby repealed, modified or amended accordingly. 
SECTION 13. Effectivity Clause. - This Act shall take effect fifteen (15) days after its 
publication in at least two (2) newspapers of general circulation. 
Approved,