[ln oF PRESENT ATES

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Republic of the rene
HOUSE OF REPRESENTATI
Quezon City
17% CONGRESS
First Regular Session

House Bill No. 26ay

Introduced by Representative Wes Gatchalian

BILLS AND INDEX SERVICE

EXPLANATORY NOTE

‘The benefits of education to the individual, to his family, to his community, and
to his country, are no longer up for debate. They are realities accepted without
nuance, proven by long human history and experience, such that barring inevitable
externalities, when the opportunity is given a person would and should avail of it.
One of the unfortunate externalities which this bill now seeks to completely
eradicate is the ceiling brought by the age long adversary of financial constraint.
This bill therefore proposes to make education in the tertiary level free.

Appropriations and funding by the state are of course proper concerns for
debate, but lest we forget, the monies in our coffers are those of the Sovereign
People of the Philippines. It is therefore by no means an exaggeration to submit that
it is they who ultimately dictate where ought to we put it. Thus when in the
constitution they tell us that “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 education accessible to all.”, it is nothing short of a sovereign mandate which
we as representatives are duty bound to enact.

As it was emphatically enunciated in the past, it is now once more echoed that
it is time for us to secure, once and for all, the Filipino's right to higher education
through decisive action. It is time for us to institute a reform which will ensure that
millions of deserving but underprivileged young men and women will be given their
rightful opportunity to pursue a college degree. By passing this legislation, we are
making a genuine and tangible collective commitment to building the world-class
education system that our people deserve.

Support for the passage and approval of this landmark legislation is-eafnestly
sought.

1* District of Yalenzuela


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City
17% CONGRESS
First Regular Session

House Bill No, 2635

Introduced by Representative Wes Gatchalian

ANACT
PROVIDING FOR FULL TUITION SUBSIDY IN STATE UNIVERSITIES AND
COLLEGES, AND APPROPRIATING FUNDS THEREFOR

Be it enacted by the Senate and the House of Representatives of the
Philippines in Congres assembled:

SECTION 1. Short Title. - This Act shall be known as the "Free Higher
Education Act."

SEC. 2. Declaration of Policy. - It is hereby declared that accessible
and quality education is an inalienable right of the Filipino. Therefore, the State
shall renew its constitutionally mandated duty to make education its top
budgetary priority by providing tuition-free higher education courses in state
universities and colleges.

SEC. 3. Full Tuition Subsidy. - All Filipino citizens who are either
currently enrolled at the time of effectivity of this Act, or shall enroll at any time
thereafter, in courses in pursuance of a bachelors degree, certificate degree, or
any comparable undergraduate degree in any state university or college shall be
exempt from paying tuition fees for any units enrolled in any state university or
college, unless they are disqualified under the provisions of this Act or by any
other provision of law.

SEC. 4. Exceptions. - The provisions of the next preceding Section of
this Act notwithstanding, the following are hereby disqualified and deemed
ineligible for the full tuition subsidy:

a) Persons who have already attained a bachelors degree or
equivalent degree from any higher education institution, whether public or
private;


b) Persons who have been dishonourably discharged from any
higher education institution, whether public or private, for any reason other
than financial difficulty in paying tuition and other fees;

©) Persons who fail to complete their degree within the maximum
residency period, which is the sum of regular prescribed period for the degree
plus half of that prescribed period, without just cause;

SEC. 5. Special Tuition Subsidy Fund - The Special Tuition Subsidy
Fund, hereinafter referred to as the Fund, is hereby established. The Fund shall
be used solely for the purposes of implementing the full tuition subsidy under
the provisions of this Act. Tuition fees for units enrolled by persons eligible for
the tuition benefit under the provisions of this Act, payable to state universities
and colleges, shall be paid from this Fund.

SEC, 6. Administration of the Fund, - The Fund shall be administered
by the Commission on Higher Education, with the following powers and
functions:

a) Manage and administer the Fund;

b) Devise a reporting mechanism to be implemented by the state
universities and colleges which will detail the exact amount of tuition fee
subsidy availed of by persons eligible for the full tuition subsidy under this Act;

©) Formulate and implement an efficient and transparent
mechanism to ensure the payment of tuition fees to the respective state
universities and colleges, pursuant to the provisions of this Act, using money
from the Fund;

4) Resolve and mediate disputes concerning the ineligibility or
disqualification of persons from the full tuition subsidy under the provisions of
this Act or any other provision of law; and

e) Any other powers or functions necessary for the
implementation of the provisions of this Act.

SEC. 7. Tuition Report. - The President of each state University or
college shall submit to the Commission on Higher Education (CHED), within five
(5) days after the last day of late registration for each semester, a report
detailing the number of units enrolled by persons eligible for the full
tuitionsubsidy in their institution, as well as the tuition fee amount due based


on the number of units enrolled.

SEC. 8. Payment from Fund. - The CHED shall ensure the full payment
of tuition fees due to the state university or college, as reported under the next
®preceding section of this Act, no later than thirty (30) days after the
submissionof the report to the CHED: Provided, That the CHED shall reserve the
right to disallow the payment of any reported fees which are anomalous or
irregular, until further investigation has been conducted.

SEC. 9, Accountability Report. - At the end of each academic semester,
the President of each state university or college shall submit to the CHED a
report reconciling the funds received from the Fund. Any unused or
improperly disbursed amount shall be returned immediately to the Fund.

SEC. 10. Midterm Report. - Starting during the first school year upon
effectivity of this Act, the CHED shall condtict a mandatory review and submit a
midterm report to Congress as to the status of implementation of this Act.

‘The CHED shalll include among others, in this midterm report, the
following key metrics of access to and quality of public tertiary education:
(a) Enrollment rate;
(b) Student demographics;

(©) Graduation rate;
(a) Gross tuition receipts;

(e) Disqualification and ineligibility;
(8Teachers' welfare and training profiles;

(g) Adequacy of funding requirements; and

(h) Other educational quality indicators, including but not limited
to physical learning infrastructure, teacher-to-student ratio, and
student housing,

SEC. 11. Appropriations. - The amount of Fifteen Billion Pesos (P15, 0
00, 000, 000) is hereby initially appropriated from the Presidential Social Fund
to implement the provisions of this Act. Thereafter, such amount necessary to
effectively carry out the provisions of this Act shall be included in the annual
General Appropriations Act.


SEC. 13. Implementing Rules and Regulation. - The CHED, in
coordination with the Department of Budget and Management (DBM), shall
adopt rules to effectively carry out the provisions of this Act.

SEC. 14. Separability Clause. - Should any part of this Act be declared
unconstitutional, the rest of the provisions of this Act shall continue to be in
effect and subsisting.

SEC. 15. Repealing Clause. - The provisions of other laws, decrees,
executive orders, rules and regulations inconsistent with this Act are hereby
repealed, amended, or modified accordingly.

SEC. 16, Effectivity. - This Act shall take effect fifteen (15) days after its
publication in the Official Gazette and/or in at least two (2) national newspapers
in general circulation.