Republic of the Philippines
HOUSE OF REPRESENTATIVES;
Quezon City

SIXTEENTH CONGRESS
First Regular Session

House Bill No, 5892

Introduced by Honorable Sherwin T. Gatchalian

Explanatory Note

‘The most important inalienable right which our parents bequeaths to
us, whether we are rich or poor, is our education. Its value never diminishes
and our individual successes largely hinge upon the quality of the education
that we receive. In line with this, the fundamental character of the Filipino’s
right to education is clearly and unequivocally enshrined within the
provisions of the 1987 Constitution.

One of the primary factors concerning the right to education is its
accessibility. Currently, the high cost of education has turned this right into
a burdensome privilege for many poor and middle-class Filipino families
which struggle to pay for tuition and other schools fees. Indeed, the Annual
Poverty Indicators Survey published annually by the government has
regularly shown that the high cost of education is one of the foremost, if not
the foremost, reason why out-of-school youth are not currently participating
in the formal education system.

‘The full implementation of the K-12 education program will result in a
lengthened program of basic education. This means that parents will be
responsible for paying for an additional two years of school fees. In order to
help parents cope with the additional expenses they will incur in supporting
the education of their children, this legislation secks to impose a two-year
moratorium on tuition and other fee increases in private institutions offering
basic education programs.

The swift passage and appr
and emphatically sought.

Al of this timély legislation is earnestly


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

SIXTEENTH CONGRESS
First Regular Session

House Bill No.

Introduced by Honorable Sherwin T. Gatchalian

AN ACT
IMPOSING A TWO-YEAR MORATORIUM ON TUITION AND OTHER FEE
INCREASES IN ALL PRIMARY AND SECONDARY EDUCATIONAL
INSTITUTIONS

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

SECTION 1. Short Title. - This Act shall be known as the “Tuition Fee
Moratorium Act”.

SEC. 2. Declaration of Policy. - |t is the policy of the State to make
education accessible to all. Pursuant to this policy, the State shall promulgate
measures that will ensure every Filipino citizen’s right to education by
providing them relief from increases in tuition and other fees when public
welfare so demands.

‘The State is also cognizant that due to the implementation of the K-12
Program which effectively lengthens the duration in school years of a student,
the continued rise in tuition and other fees in private and public institutions
of learning are significant contributory factors which it recognizes as
impinging on the ability of parents to cope with, hence the need for a
moratorium on tuition and other fee increases in all primary and secondary
educational institutions.

Sec. 3. Imposition of a Two-Year Moratorium. - A two-year
moratorium on any increase in tuition, miscellaneous or other school fees on
all primary and secondary educational institutions in the country shall be
imposed.

The moratorium shall be implemented during the school years 2016-
2017 and 2017-2018.

‘The Department of Education shall monitor the implementation and
ensure compliance with the provisions of this Act.



Sec. 4, Exemption. - Only those educational institutions which has
incurred net losses in their annual financial statement of the year immediately
following the enactment of this Act shall be granted an exemption in
accordance with the rules and guidelines that shall be implemented pursuant
to this Act.

Misrepresentation or misdeclaration of the incomes and liabilities
required herein shall constitute prima facie evidence of violation of this Act.

Sec. 5. Penalty, - ‘he head of the educational institution or the officials
responsible for non-compliance with the moratorium herein imposed shall be
punished with a fine of not less than One hundred thousand pesos
(P100,000,00) and not more than Five hundred thousand (P500,000.00) or
imprisonment of not more than six (6) years, or both, at the discretion of the
court.

Sec. 6, Repeating Clause, - All laws, presidential decrees or issuance,
tive orders, letter of instruction, administrative order, rules or
y 1o or inconsistent with the provisions of this Act is hereby
d accordingly.

exec
regulations contr:
repealed or mod

S
unconstitutional or invalid, the remaining parts not otherwise affect
remain valid and subsisting.

7. Separability Clause. ~ If any part or provision hereof is held
ed shall

Sec. 8. Effectivity Clause. — This Act shall take effect fifteen (15) days
after its publication in the Official Gazette or in at least two (2) newspapers of
general circulation,

Approved,