FOURTEENTH CONGRESS OF THE 
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REPUBLIC OF THE PHILIPPINES ) 
First Regular Session 
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SENATE 
Introduced by Senator JUAN MIGUEL F. ZUBlRl 
EXPLANATORY NOTE 
A nationalist and relevant education guides the people in their struggle for 
freedom and human advancement. It enables the youth to critically analyze and 
understand the problems of society and accordingly participate in the collective 
search for their solutions. Hence, students can be a vital force in a progressive 
social transformation. 
Objective conditions on many campuses, however, obviate the students' 
acquisition of relevant knowledge and skills and militate against their active 
involvement in national affairs. The guarantees of students' rights that will 
provide them with an atmosphere most conductive to formal learning and 
democratic citizenship training are generally unobserved. 
This piece of legislation, therefore, seeks to respect, protect and fulfill the 
rights of students in the secondary, post secondary, graduate and post graduate 
courses. It affirms the constitutionally recognized right of all citizens to quality 
education. It guarantees the students' rights to freely organize among 
themselves and to actively participate in the formulation of policies which directly 
affects them. It upholds their academic freedom and freedom of expression even 
as it reinforces their constitutional right to due process of law. 
Accordingly, approval of this bill is earnestly sought. 


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FOURTEENTH CONGRESS OF THE 
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REPUBLIC OF THE PHILIPPINES ) 
Firsf Regular Session 
) 
SENATE 
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SNO. 
1552 
Introduced by Senator JUAN MIGUEL F. ZUBlRl 
AN ACT 
PROVIDING FOR A MAGNA CARTA FOR STUDENTS 
Be it enacted by the Senate and House of Representatives of the Philippines in 
Congress assembled: 
SECTION I. Title. - This Act shall be known as the "Magna Carta for 
Students." 
CHAPTER 1 
GENERAL PRINCIPLES 
SECTION 2. Declaration of Policy. - It is hereby declared to be the policy of 
the State to promote and protect the rights of students to enable them to participate 
actively and effectively in the democratic processes of effecting progressive and 
developmental changes in society. 
a) The formal educational system being the principal institutional mechanism 
for imparting knowledge and developing skills shall be given priority 
attention and support by the government. 
b) Education is a right and not a mere privilege. It is therefore the 
responsibility of the State to provide quality education accessible at all 
curriculum levels. 
c) Student organizations enhance democratic processes on the campus. 
Membership and active participation in student organizations, alliances and 
federations which promote and protect student's rights and welfare and/or 
contribute to national development shall be guaranteed by the State and 
school authorities. 
d) Student organizations shall not be subject to rules and regulations that duly 
hamper their activities and are prejudicial to their objectives and interests. 


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e) Student councils/governments being the most representative of the 
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studentry and the highest expression of student power on the campus shall 
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have the right to participate in the formulation of school policies directly 
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affecting students. 
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of the academic community. 
f) Student publications shall serve as a principal medium for free expression, 
dissemination of information, and interaction, among the different sectors 
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shall mean: 
g) With their democratic rights guaranteed, students can serve as a potent 
and cogent force in the country's nationalist social transformation. 
SECTION. 3. Definition of Terms. - As used in this Act, the following terms 
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technical education. 
a) "Student" - any person enrolled in school in the secondary, post secondary 
tertiary, graduate and post graduate levels, including vocational and 
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levels. 
b) "School" - any private, public or government-run and funded academic 
educational institution offering any or all courses in the above-mentioned 
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c) "School campus" - the totality of all contiguous or proximate buildings, 
grounds and other facilities designated by the school as areas or facilities 
for the use of its students. 
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and by-laws, if any. 
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d) "Governing Board" - the highest policy making body of the school such as: 
Board of Directors, Trustees or Regents. 
e) "Student CouncillGovernment" - the body representing the whole student 
population in one school or school campus whose officers are annually 
elected at large by the whole student population pursuant to its constitution 
f) "Council of Leaders" - the body composed of the heads of various student 
organizations chaired by the PresidentlChairman of the Student Council. 
g) "Tuition fees" - 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 Citizens' Army Training (CAT), Citizens' Military Training 
(CMT) or National Service Training Program (NSTP) fees. 
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CHAPTER II 
RIGHT TO ADMISSION AND QUALITY EDUCATION 
SECTION. 4. Admission. - a) No student shall be denied admission to any 
school on account of his physical handicap, socio-academic status, political or 
religious beliefs, or membership in student organizations, or shall pregnant students 
and certified reformed drug abusers be discriminated against. 
Failure of or refusal by a student to sign waiver documents prepared by the 
school administration shall not constitute a ground for his non admission. 
b) A student shall have the right to freely choose his fields of study subject to 
existing curricula and to continue his course up to graduation except in case of 
academic deficiency or violation of disciplinary regulations which do not infringe upon 
the exercise of student's rights. 
SECTION. 5. Right to Competent lnsfrucfion and Relevant Quality Education. - 
Every student shall have the right to competent instruction and quality education 
relevant to hidher personal and cultural development and that of the nation. 
There shall be at least one student representative in the body or committee 
which screens incoming faculty members. He/she or they shall be regularly elected 
and endorsed by the Student Council to the school official authorized to appoint the 
members of the screening body or committee. 
Students shall have the right to make a written evaluation of the performance 
of their members toward the end of the school term. 
SECTION. 6. 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. 
School authorities shall endeavor to provide free annual physical check-up to 
students. It shall be the responsibility of school authorities to provide students with 
adequate laboratory, library, research, recreation and physical education facilities. 
It shall be the responsibility of the school administration to promptly notify 
students concerned of letters and other communications it receives in behalf of the 
students. 
CHAPTER 111 
RIGHT TO ORGANIZE 
SECTION. 7. Right to Organize Among Themselves. - Unity and collective 
effort being fundamental to the realization of common goals and the promotion and 
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protection of common interests, the State recognizes the right of students to organize 
among themselves. 
The right of students to form, assist, or join any campus organization, alliance 
or federation for their physical, intellectual, moral, cultural, civic, spiritual and political 
interests shall not be abridged. Pursuant thereto, the practice of making students 
sign waiver documents which state that they are not members of and will not join a 
specified organization before being allowed to enroll is hereby prohibited. 
SECTION. 8. Student Counci//Governrnent. - The State shall ensure the 
democratic and autonomous existence of student counciIs/governments. Pursuant 
thereto, there shall be one student counciVgovernment for each school campus which 
shall be given recognition by the schools, colleges and universities concerned. It shall 
have its own set of officers elected in annual popular elections. Every student 
council/government shall have the right to determine its policies and programs on 
student activities subject to its duly ratified charter or constitution and state policy. 
SECTION. 9. Accreditation of and Granting of Privileges to Student 
Organizations. - No unreasonable requirements shall be imposed on student 
organizations seeking recognition. 
Accreditation shall be granted upon the submission by the organization 
concerned of its (1) concept paper and constitution, and (2) a formal letter addressed 
to the student council stating the organization’s intent to be accredited. 
The student council in coordination with the school student affairs office shall 
take charge of the accreditation of student organizations. The guidelines concerning 
accreditation shall be formulated jointly by the student council and the council of 
leaders composed of the heads of the different student organizations. The student 
council shall oversee the implementation of these guidelines and meditate in 
instances of conflicts. 
There shall be no discrimination by the school administration in the 
assignment of school facilities and the granting of other privileges to student 
organizations. Excessive charges for the use of school facilities shall be prohibited. 
Whenever possible, the school administration shall allow student organizations to use 
school facilities free of charge. 
SECTION. 10. Coordination of Student Organizations’ Activities. - All on and 
off campus activities of student organizations shall be coordinated by the student 
council/government. 
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The Committee on Elections (COMELEC) constituted to conduct the election 
of the officers of the student counciVgovernment shall be composed solely of bona 
fide students of the school. The conduct of the student council election shall be held 
in coordination with the student affairs office. 
SECTION. 11. Prohibition Against the Use of Force and Exaction of Excessive 
Fines. - All campus organizations shall be prohibited from using force in the initiation 
of and exacting excessive fees from their members, as well as in their other student 
activities. 
CHAPTER IV 
RIGHT TO PARTICIPATE IN POLICY MAKING 
SECTION. 12. Participation in Policy-Making Process. - a) There shall be a 
student representative in the governing board of the school. The chairman/president 
of the student counciVgovernment or any designated representative chosen by the 
student council/government, shall be the student representative and shall have the 
same rights as those of a regular member: Provided, That his 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 review, student discipline, and 
academic standards. The representatives shall be designated by the student council. 
b) Representatives of national student organizations shall actively participate 
in the formulation of national policies affecting student's rights and welfare including 
tuition fee matters. 
SECTION. 13. Student's Initiative and Referendum. - The student 
councillgovernment through a majority vote of all its members shall have the right to 
initiate the formulation, modification or rejection of a school policy affecting the 
students. The proposition for the formulation, modification or rejection of a school 
policy affecting the students. The proposition for the formulation, modification or 
rejection 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: Provided, however, That the following areas shall 
be excluded from the power of students on initiative and referendum: a) admission; b) 
curriculum; c) faculty recruitment and tenure; d) rules on student conduct and 
discipline; e) tuition fees; and f) scholastic rules (e.g. academic credits and retention 
and graduation of students). 
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SECTION. 14. Right to File an Appeal. - Student councillgovernment 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/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 and 
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. 
All appeals and motions for reconsideration referred to in the previous 
paragraph must be filed within thirty (30) calendar days from date of notice of 
decision. 
SECTION. 15. On the Matter of School Fees. - Within thirty (30) days from the 
start of a school year, the governing board of every school shall create a body to be 
known as the School Fee Board which shall study, conduct consultation and 
thereafter recommend on tuition and other school fee increases. This body shall be 
composed of an equal number of representatives from the administration, academic 
staff, parents, students and alumni associations. These representatives shall choose 
a chairman from among themselves. 
The School Fee Board shall be independent of and supreme over the 
governing board in deliberating and making decisions on tuition fee matters. 
In justifying any tuition and/or other school fee increase before the School Fee 
Board, the school concerned shall be required to present the school's financial 
statements for the last five (5) years immediately preceding the proposal for such 
increase. Refusal of the school administration to show its books and records for 
inspection by the School Fee Board shall mean automatic denial for its proposal for 
increases. 
The School Fee Board shall not act on a proposal to increase school fees 
unless the students and their parents are consulted at least oqe hundred eighty (1 80) 
days before the school year, semester or term in which the increase is to be effected. 
In the event the decision of the School Fee Board is not favorably acted upon 
by the school governing board, the latter's decision may be appealed to the 
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appropriate education agencies within thirty (30) days from date of notice of decision 
by any affected member of the school community. 
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No student or parent shall be required to sign any contract or agreement 
respecting increases in tuition and other fees as a condition for enrollment or for any 
other purpose. 
For purposes of this section, "Consultation" shall mean dissemination of 
adequate information relative to tuition and other school fees, the increases, thereof, 
objections thereto, or the justifications therefor. It shall include but not be limited to 
the holding of meetings and hearings as may be necessary to ventilate the tuition and 
other fee issues. Pursuant thereto, all meetings or hearings conducted for 
consultation purposes shall be properly documented and circulated. 
CHAPTER V 
RIGHT TO FREE EXPRESSION AND INFORMATION 
AND RIGHT TO ACADEMIC FREEDOM 
SECTION. 16. Right to Information. - The right of the students to information 
on matters 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 that may be imposed such as time for examining the documents and 
other papers to prevent loss or damage of the same. 
SECTION. 17. Freedom of Expression. - Subject to existing laws, students 
shall have the right to freely express their views and opinions. They shall have the 
right to peaceably assemble and petition the government and school authorities for 
the redress of their grievances. Pursuant thereto, no school regulation shall be 
imposed violating or abridging the student's right to assembly. 
Students shall have the right to print, circulate and/or mount leaflets, 
newsletters, posters, wall news, petitions and such other materials. Pursuant thereto, 
the school authorities shall ensure the provision of facilities such as bulletin boards 
for the mounting of the aforementioned materials. 
School authorities may designate a certain area on every campus as freedom 
park where students, can freely discuss issues directly and indirectly affecting them. 
SECTION. 18. Student Publications. - Students shall have the right to publish 
student newspapers and other similar publications, print in their pages materials 
which they deem in pursuance of their academic freedom and freedom of expression 
in accordance with Republic Act No. 7079, otherwise known as the "Campus 
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Journalism Act of 1991." Pursuant thereto, no individual who is not a staff member of 
the student publication shall determine its content. 
The role of a faculty adviser in student newspapers shall be limited to technical 
guidance. 
The selection of the student editor-in-chief and hislher staff shall be made by 
annual competitive examinations to be administered by an impartial Board of Judges. 
The Board of Judges, which shall include at least one staff member, shall be 
appointed by the head of the guidance counseling office or the student affairs office 
from a list of nominees submitted by the existing editorial staff. 
The editorial staff shall observe the ethics of professional journalism. It shall 
be the responsibility of the editorial staff to ensure that the student paper is not used 
for purposes contrary to law. 
The editor/editorial staff shall, unless sooner revoked for cause and with due 
process, be assured of security of tenure in the course of hidits prescribed term. 
SECTION. 19. Academic Freedom. - Student's academic freedom shall 
consist of, but not limited to, the following rights: 
a. To conduct researches in connection with academic work, and to freely 
discuss and publish their findings and recommendations; 
b. To conduct inquiry within the campus in curricular and extracurricular 
activities; 
c. To choose a field of study 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, fora, symposia, and other activities of similar nature; 
e. To express contrary interpretations or dissenting opinions inside and 
outside the classroom; 
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; and 


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homogenity. 
h. To be free from any form of indoctrination leading to imposed ideological 
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CHAPTER VI 
RIGHT TO DUE PROCESS IN DISCIPLINARY PROCEEDINGS 
SECTION. 20. Right to Due Process. - a) A Student subject to disciplinary 
proceedings shall have the right to defend himself, to be heard and to present 
evidence on his behalf before an impartial body. There shall be a Student Disciplinary 
Board to be composed of one (1) representative from the school administration, two 
(2) faculty members, and two (2) students to conduct investigations into and decide 
on cases of student violations of disciplinary standards. 
b) The blacklisting, expulsion, suspension and other such disciplinary sanction 
that may be taken against a student 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; 
2. The right to confront witnesses against him and to full access to the 
evidence in the case: 
3. The right to defend himself and to be defended by a representative or 
counsel of his choice, adequate time being given him for the preparation of 
his defense; 
4. The right to a hearing before the Student Disciplinary Board; 
5. The right against self incrimination; and 
6. The right to appeal adverse decisions of the Student Disciplinary Board to 
the governing board and ultimately to the appropriate education agencies. 
c) The decision in any 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. 
The deciding body must act on its own independent consideration of the facts 
of the case. The body should, in all controversial questions, render its decision in 
such a manner that the issues involved, and the reasons for any decision made are 
clear to the student. 
d) Disciplinary sanctions shall be corrective rather than punitive or penal in 
nature. The gravity of disciplinary sanctions must be proportionate to the seriousness 
of the violation committed. 
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The Office of the Guidance Counselor of the respective schools shall publish 
on a periodic basis acts which are deemed violative of the school rules and 
regulations and the corresponding disciplinary sanctions: Provided, That such rules 
and regulations do not violate the rights guaranteed herein and under the 
Constitution. 
CHAPTER VI1 
OTHER RIGHTS 
SECTION. 21. Right Against Unreasonable Searches and Seizures. - Every 
student shall be free form any form of unreasonable search and seizure. Except for 
the following instances no search or seizure of a student shall be deemed valid: 
a) Searches made at the point of ingress and egress by authorized personnel 
of the school: 
b) Searches and seizures of illegal article or articles falling in the plain view of 
duly authorized personnel; 
c) Searches and seizures of articles that are illegal, discovered inadvertently 
by duly authorized personnel; 
d) Searches made when the student is about to commit, is committing or has 
just committed a crime or a serious infraction of the school’s rules and regulations; 
e) Searches made with a valid search warrant. 
Articles seized in violation of the here-above provided rights shall not be used 
as evidence against the student in any disciplinary action that may be brought 
against him. 
SECTION. 22. Access to School Records and Issuance of Official Certificates. 
- Subject to the provision of the following section, every student shall have access to 
his own school records, the confidentiality of which the school shall maintain. He shall 
have the right to be issued official certificates, diplomas, transcript of records, grades, 
transfer credentials and other similar documents within thirty (30) days from the filing 
of request and accomplishment of all pertinent requirements. 
SECTION. 23. Unpaid Tuition Fees and Examinations. - No student shall be 
prohibited from taking a periodic or final examination because of unpaid tuition and 
other school fees not exceeding two (2) installments under the established terms of 
payment prescribed by the school concerned and approved by the appropriate 
education agency. 
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Students with delinquent fees permitted to take an examination shall 
nevertheless be subject to the right of the school concerned to withhold the release 
or issuance of such student's school records or of the documents mentioned in the 
preceding section or to deny such student's admission at the next succeeding 
semester or year until the prior installments are fully paid. 
SECTION. 24. Security of Tenure. - It shall be the right of students to finish 
their entire courses of study in a given school, except in cases of academic 
deficiency or violation of disciplinary regulations. 
In cases wherein the school authorities refuse to allow a student to enroll for 
the subsequent semester or year due to the causes hereinabove stated, the student 
may appeal such ruling to the appropriate education agency. 
SECTION. 25. Prohibition Against lnvoluntary Contributions. - Except those 
approved by their own student organizations, all involuntary contributions shall be 
prohibited. 
SECTION. 26. Collection of Student Paper and Student Council Fees. - The 
school administration, upon mutual agreement with the student paper staff and the 
student council/government, shall assist by facilitating the collection of student paper 
and student council fees from the students. 
The student paper fees shall be held in trust for their unhampered use in 
publication of the student paper. 
The full amount of student council fees shall be turned over to the student 
council within fifteen (15) days from the assumption of office of the Student Council 
off ice rs . 
SECTION. 27. Privacy of Communication. - The privacy of communication and 
correspondence among students shall remain inviolable. 
SECTION. 28. Scholarship Grants and Privileges. - Opposition to school 
policies inimical to student's interest shall not be a ground for denying or withdrawing 
scholarship grants and privileges to deserving students. 
SECTION. 29. Right to Adequate and Safe Housing/Dormifory Facilities. - The 
State and the respective school authorities shall endeavor to provide the students 
adequate, safe and clean housing facilities. 
SECTION. 30. Prohibition Against Militarization of the School Campus. - The 
pursuit of academic excellence and exercise of academic freedom can be attained 
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only in an atmosphere free from fear and unreasonable restraint. Pursuant thereto, 
no military detachment shall be installed on the school campus. 
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Military elements and/or policemen in uniform or in plain clothes and school 
security forces shall not interfere with student activities, particularly peaceful actions, 
inside the school campus. 
SECTION. 31. Firearms Ban. - Students shall not be allowed to carry firearms 
inside the school campus. 
They shall be required to deposit such firearms with the school security force 
prior their entrance to the school premises. 
CHAPTER Vlll 
RESPONSIBILITIES OF THE STUDENTS 
SECTION. 32. Students Responsibilities. - Students shall have the following 
responsibilities: 
a) To develop their potentials to the utmost in order that they may be of 
service to their families and society; 
b) To strive for academic excellence and to abide by their school rules and 
regulations pertaining to their academic responsibilities; 
c) To exert utmost efforts toward realization of the harmonious relationship 
with the rest of the academic community; 
d) To participate actively in school activities including athletics and civic affairs 
for he development of the community and the nation; 
e) To uphold, preserve and maintain the good name of their alma matter; and 
f) To exercise the abovementioned rights responsively. 
CHAPTER IX 
FINAL PROVISIONS 
SECTION. 33. Rules and Regulations. - Within ninety (90) days from the 
approval of this Act, the DepEd, TESDA, and CHED in collaboration with the 
representatives of national student organizations, representatives of school 
administrations and the National Youth Commission (NYC) shall promulgate the 
necessary rules and regulations to implement the provisions of this Act. 
SECTION. 34. Administration and Enforcement. - National student 
organizations and student councils/governments have the right to report to and 
demand an investigation from the appropriate education agency into any act or acts 
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committed by school authorities and/or administrations violative of their rights as 
provided in this Act. As such, they have the right to an impartial speedy resolution of 
the issue. 
Upon finding by the appropriate education agency that a particular school 
administration has willfully and repeatedly infringed on the rights provided herein, it 
shall cause the suspension or cancellation of the license to operate of said erring 
school. 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 operation Penal Provisions. of the school. 
SECTION. 35. - Any person who shall willfully interfere with, restrain or coerce 
any student in the exercise of the 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 Ten Thousand (Pl0,OOO.OO) Pesos 
nor more than Fifty Thousand (P50,OOO.OO) Pesos or by imprisonment for not less 
than one year nor more than five years, or both such fine and imprisonment at the 
discretion of the Court. 
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 and Deportation (BID). If the offender is a public officer or employees, 
the Court shall, in addition to the penalties hereinabove provided, order his dismissal 
from the government service. 
In addition to the penalties herein provided, the license to operate of the 
school concerned may be suspended or cancelled by the DepEd, TESDA, or CHED 
in accordance with Section 35 of this Act. The decision of these education agencies 
may be appealed to the proper court. 
SECTION. 36. Separability Clause. - If any provision of this Act is declared 
invalid, the remainder thereof not affected thereby shall continue to be in full force 
and effect. 
SECTION. 37. Repealing Clause. - All 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. 
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general circulation. 
SECTION. 38. Effecfivity. - This Act shall take effect fifteen (15) days after its 
complete publication in the Official Gazette or in at least two (2) newspapers of 
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