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FIFTEENTH CONGRESS OF THE REPUBLIC 
) 
OF THE PHILIPPINES 
) 
First Regular Session 
) 
·.v.(~ 
Introduced by Senator Miriam Defensor Santiago 
EXPLANATORY NOTE 
The Constitution, Article XIV, 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 Big. 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 persounel 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 pursuant to Section 18 of R.A. No. 7722, 
otherwise known as Higher Education Act of 1994, where the power of Department of Education 
on tertiary education, including the alhority given by Section 57, par.3 and Section 70 of BP 
Big 232, and the power vested brysidentiai Decree No. 451 authorizing the Secretary of 
Education to regulate imposition aftuition and other fees). 
Unfortunately, such consultations have become mere formalities because in reality, the 
process only involves the presentation of the plauned increases and nothing more, thus defeating 
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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. 
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Students have the right to know and be consulted on what they are 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 gnardians, alumni, facnlty, and 
other non-teaching personnel associations, before increasing and/or adding miscellaneous fees, 
other fees, and paid services. 
2 


FIFTEENTH CONGRESS OF THE REPUBLIC 
) 
OF THE PHILIPPINES 
) 
First Regular Session 
) 
SENATE 
S.No. 2207 
, ' 
Introduced by Senator Miriam Defensor Santiago 
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AN ACT 
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PROVIDING THAT ALL EDUCATIONAL INSTITUTIONS, WHETHER PUBLIC OR 
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PRIVATE, SHALL HOLD MANDATORY CONSULTATION WITH STUDENTS, PARENTS 
4 
OR GUARDIANS, ALUMNI, TEACHERS, AND OTHER NON-TEACHING PERSONNEL 
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ASSOCIATIONS, BEFORE INCREASING AND/OR ADDING MISCELLANEOUS FEES, 
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OTHER FEES, AND PAID SERVICES 
Be it enacted by the Senate and House of Representatives of the Philippines in Congress 
assembled: 
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SECTION 1. Short Title. - This Act shall be known as the "Miscellaneousftnd Other 
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Fees Consultation Act." 
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SECTION 2. Declaration of Policy. - It is the policy of the State to exercise reasonable 
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supervision and regulation of all educatio,nal institutions. 
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SECTION 3. Definition of Terms. - As used in this Act, the term: 
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(A) "Student" means any person enrolled in elementary, high school, tertiary, graduate, 
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and post graduate levels. It shall include any person include in a center. 
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(B) "Tuition fee" means the direct cost of: 
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(1 ) Instruction, 
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(2) Training, 
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(3) The use of school activities, 
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(4) Other related activities. 
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(C) "Miscellaneous" means fees which cover other necessary cost supportive of 
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instruction, including but not limited to medical and dental, athletic, library, laboratory, and 
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National Service Training Program (NSTP) or Reserved Officers Training Corps (ROTC). 
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(D) "Other fees" means additional fees imposed by the school, center, and the HEI which 
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are not included in the "miscellaneous fees". 
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(E) "Concerned Educational Institution" means either "School," or "HEI," or "Center." 
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(F) "Concerned Parties" means either student council/government or, in the absence of 
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student council, representatives of student organizations, parents or guardians, alumni, teachers, 
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and other non-teaching personnel associations. 
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(G) "School" means elementary and high school. 
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(H) "Higher Educational Institution or HEI" means colleges and universities. 
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(I) "Center" means learning centers that grant short-term courses. 
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(J) "Short-Term Courses" - courses offered for a duration of not greater than two (2) 
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years but not less than six (6) months. 
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(K) "DepEd" means the Department of Education. 
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(L) "CHED" means the Commission on Higher Education. 
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(M) "TESDA" means the Technical Education and Skills Development Authority. 
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(N) "Private Schools" means those owned and operated by an individual or group of 
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individuals distinct from the government. 
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(0) "Public Schools" means those owned, controlled, and operated by the government. 
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SECTION 4. Consultation Requirement for School. - All Schools proposing to increase 
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their miscellaneous, and/or other fees, or add other paid services, which will result to other fees, 
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for the ensuing School Year (SY) or Academic Year (A V), before submitting to the DepEd other 
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required documents and notices, must hold mandatory consultation with their student 
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councils/govemments, parents or guardians, alumni, teachers, and non-teaching personnel 
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associations. In the absence of a student council/government in an educational institution, the 
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student organizations and societies recognized by the School, shall select not more than ten (10) 
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representatives who will participate in the consultation. 
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SECTION 5. Consultation Requirement for HE!. - All Higher Educational Institutions 
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proposing to increase their miscellaneous, and/or other fees, or add other paid services, which 
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will result to other fees, for the ensuing Semester, School Year (SY) or Academic Year (AY), 
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before submitting to the CHED other required documents and notices, must hold mandatory 
2 
consultation with their student councils/governments, alumni, teachers, and non-teaching 
3 
personnel associations. In the absence of a student council/government in HEI, the student 
4 
organizations and societies recognized by the School, shall select not more than ten (10) 
5 
representatives who will participate in the consultation. 
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SECTION 6. Consultation Requirement for Center. - All Centers proposing to increase 
7 
their miscellaneous, and/or other fees, or add other paid services, which will result to other fees, 
8 
for the ensuing Semester, School Year (SY) or Academic Year (AY), before submitting to the 
9 
TESDA other required documents and notices, must hold mandatory consultation with their 
10 
student councils/governments, instructors, and non-teaching personnel associations. In the 
II 
absence of a student council/government in Center, the student organizations and societies 
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recognized by the Center, or in the absence of any student organizations, at least ten ttO)-stmient-
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representatives who will participate in the consultation. 
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SECTION 7. Implementing Rules and Regulations. - The DepEd, CHED, and TESDA 
IS 
are hereby authorized to promulgate the necessary rules and regulations for the effective 
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implementation of this Act within thirty (30) days upon its approval. 
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SECTION 8. Deadlock. -
In case no consensus is reached among the concerned 
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educational institution and the concerned parties, the DepEd (for schools), CHED (for HEIs), or 
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TESDA (Centers) is hereby authorized to decide in a summary proceeding whether the proposed 
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increase or additional fee or paid services should be granted. 
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SECTION 9. Sanctions. - In case of violation of this Act and the rules and regulations for 
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the effective implementation of this Act, the DepEd, CHED, and TESDA are hereby authorized 
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to restrain and fine the School, HEI, and the Center, and cancel its application for miscellaneous 
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and/or other fee increase, and/or application for adding other paid services, without prejudice to 
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the filing of the administrative and criminal charges against the school and/or responsible 
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officers under existing laws. 
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SECTION 10. Scholarship Fund. - The fine to be imposed by the DepED, CHED, and 
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TESDA shall be constituted as a scholarship fund under a program to be established by the 
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DepEd, CHED, and TESDA. 
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SECTION 11. Separability Clause. - If any provision or part hereof, is held invalid or 
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unconstitutional, the remainder of the Act or the provision not othelWise affected shall remain 
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valid and subsisting. 
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SECTION 12. Repealing Clause. - Any law, presidential decree or issuance, executive 
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order, letter of instruction, administrative order, rule or regulation contrary to, or inconsistent 
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with the provisions of this Act is hereby repealed, modified or amended accordingly. 
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SECTION 13. Effectivity Clause. - This Act shall take effect fifteen (15) days after its 
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publication in at least two (2) newspapers of general circulation. 
Approved, 
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