Republic of the Philippines
HOUSE OF REPRESENTATIVES,
Quezon City

FIFTEENTH CONGRESS
Second Regular Session

HOUSE BILL NO._55387

Introduced by HON. ROMERO FEDERICO “MIRO” S, QUIMBO-

EXPLANATORY NOTE

Section 1 of Article XIV of the 1987 Philippine Constitution provides that “t]he State
shall 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.”

It is unfortunate that despite this explicit mandate of the Constitution, many Filipino
children have been forced to stop attending primary and secondary schools due to poverty.
Oftentimes, as in the case of many of my indigent constituents in the Second District of Marikina
City, the stoppage is the result of the refusal of a student’s former school to release academic
records and other documents required by the student to transfer to a public school due to the
student's failure to settle financial obligations with the former school. Sadly, there is no law that
addresses this iniquitous practice.

‘This bill seeks to correct this practice. This bill is premised on my personal conviction
that no child should be deprived of education due to poverty. The rights of our children to
education, to eam and to be able to be given. the opportunity to develop their faculties to be
productive members of our society take precedence over the property and proprictary rights of
school owners. This does not mean however that there is reason for school owners to fret, Clear
and reasonable measures are provided by this bill to ensure that while the right to education is
upheld, the rights of school owners are also secured.

‘The expedient approval and passage of this bill into law is strongly recommended.
g
ROMERO FEDERIC MIRO” S. QUIMBO,

Representative
Second District Marikina City



Republic of the Philippi
HOUSE OF REPRESENTATIVES
Quezon City

FIFTEENTH CONGRESS
Second Regular Session

House BILL No. 5587

introduced by HON. ROMERO FEDERICO “MIRO” S, QUIMBO:

ANACT

PROHIBITING PRIVATE AND PUBLIC SCHOOLS FROM WITHHOLDING THE

ACADEMIC RECORDS OF STUDENTS FOR NON-PAYMENT OF TUITION AND.
OTHER FEES AND FOR OTHER PURPOSES:

‘Be it enacted by the Senate and Honse of Representaltves of the Philigpines in Congress assembled:

SECTION t. Short Title. ~ This Act shall be know us the “Anti-Withholding of Student
Records Act of 2011."

SECTION 2. Unlawful Practice. — It is hereby declared untawtul for any pre-school,
elementary school and high school. public or private. to withhold the academic records,
certifications or any other documents necessary for any of its student, present or former, to
transfer to a public pre-school, elementary schoo! or high school for non-payment of tuition
andior other fees.

SECTION 3. Obligation of Students, Parents and Guardians. ~ Pre-school, elementary
and high school students who wish to obtain their academic records, appropriate certifications
orany documents for purposes of transferring to a public schoo! but are fitancially incapable
to settle, in part or in full, their tuition and other fees shall be allowed to obtain their
academic records, certifications or other pertinent documents upon the execution of a
promissory note in favour of the schoo! covering the unpaid obligation. The promissory note
may be signed and executed solely by the student if such student is 21 years old o older. If
the student is above 18 years old but below 27 years old, the promissory note shall be signed
and executed by the student bat with a written guaranty frum the parents or legal guardian of
the student, If the student is a minor, the promissory note shall be signed and executed by at
least one of the parents or the legal or de facto guardian of the student

‘The promissory note must also be accompanied by @ notarized affidavit of the person
or persons signing the promissory note that the academic records, certification or documents
to be released by the school shall be used for the student’ transfer to a puiblic schaol

If the amount of the unpaid obligation of the student is more than wenty five
thousand pesos (P25,000.00), the promissory note shall be secured by a reai estate mortgage,
chattel mortgaye of a written guaranty by a third person with sufficient proof of capacity te
pay the obligation.



SECTION 4. Penaitp. — Any person withholding or causing another person to withhold
the academic records, certifications or any other documents required for a student to transfer
toa public school shall he ltable to nay the fine of fifty thonsand pesos (PS0.000.00) to ane
hundred thousand pesos (P100,000.00) or saffer imprisonment for not less than thirty (G30)
days but not more than ninety (90) days or both fine and imprisonment.

Any svisool found by dhe Depsrunene of Education ws ive yloiawd provisiums of this
Act shall be administratively punished by the suspension or cancellation of its permit to
‘operate issued by the Department of Education and pay an administrative fine of wot less thar
fifty thousand pesos (P50,000.00) but not more than one hundred thousand pesos
(P100,000,00).

SECTION 3. implementing Rules and Regulations. - The Department of Education

shat!
shalt pr

of this Act,

SECTION 6. Repealing Clause. ~ All laws, decrees. exeoutive orders, or rules and
regulations and other issuances, or parts thereof which are inconsistent with or contrary to the
provisions of this Act or its purposes are hereby repealed, amended, or modified accordingly.

SEOTION Conavahilien Clanes’ 18 EP Any manennsny penuicinn AF thie Wat Arabi
application thereof to any person oF circumstances, is held invalid or unconstitutional, the
remaining provisions not affected thereby shall continuc to be in full force and effect,

SECHION & Ajjectivay. ~ {his Act shalt axe ettect Titteen (12) days alter its complete
publication in the Official Gazette or in at least nwo (2) newspapers of general circulation,

Approved.