SIXTEENTH CONGRESS OF THE ) 
REPUBLIC OF THE PHILIPPINES ) 
First Regular Session 
) 
SENATE 
S.B. No. _....;:3"-'O::...;:8=-
Introduced by SENATOR CYNTHIA A. VILLAR 
EXPLANATORY NOTE 
'13 
JUL -2 A 9 :'54 
Section 13, Article II of the 1987 Constitution provides that "The State recognizes 
the vital role of the youth in nation-building and shall promote and protect their physical, 
moral, spiritual, intellectual and social well-being. It shall inculcate in the youth 
patriotism, nationalism and encourage their involvement in public and civic affairs. 
Consistent with the objectives of this constitutional provision, this Magna Carta 
for students is being proposed to acknowledge and protect the rights and welfare of the 
students. 
The enactment of the proposed measure ia significance considering that the 
future leaders of this nation will definitely come from the ranks of dynamic, progressive 
and nationalistic students. 
I recommend he approval of this bill. 
;L Il . ~ 
~y~JiI~. VI~ 


~emd" 
SIXTEENTH CONGRESS OF THE ) 
REPUBLIC OF THE PHILIPPINES ) 
First Regular Session 
) 
(t\lthfT l}f t~~ !h,>H¥'istll 
'13 
JUL -2 A 9 :54 
SENATE 
308 
S.B, No. ___ _ 
Introduced by SENATOR CYNTHIA A. VILLAR 
AN ACT 
PROVIDING FOR A MAGNA CARTA OF STUDENTS 
Be it enacted by the Senate and House of Representatives of the Philippines in 
Congress assembled: 
1 
SECTION 1. General Principles. - The State recognizes the crucial role of 
2 
students in nation building. As such, 
3 
4 
(a) 
The State shall promote the active participation of students in affecting 
5 
change, and development in society. 
. 
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7 
(b) 
The State shall promote and protect the right of all students to qualify 
8 
education at all levels and shall take appropriate steps to make such education 
9 
accessible to all. 
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11 
(c) 
The intrinsic value of the student as a person stands above other values. 
12 
The personal right and dignity of individuals shall be held inviolate; it shall take 
13 
precedence over any academic goal set by any school or learning institution. 
14 
15 
(d) 
The student shall be considered at all times a responsible person. He or 
16 
she shall, therefore be encouraged to make informed decisions with respect to his or 
17 
her own education and to be involved in school decisions to the fullest extent possible. 
18 
19 
(e) 
The State recognizes the role of student councils, publications and other 
20 
organizations in the promotion and protection of the students' democratic rights and 
21 
welfare and in. the inculcation of social awareness and responsibility. 
22 
23 
(f) 
Both the freedom to teach and the freedom to learn depend upon 
24 
opportunities and conditions in the classrooms, on the campus and in the larger 
25 
community. The responsibility to provide and maintain general conditions conducive to 
26 
learning is shared by all members to the academic community. 
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29 
SEC. 2. Definition of Terms. - As used in this Act: 
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31 
(a) 
"Student" means any person enrolled in school, even if on leave for the 
32 
semester or with minimum course load, pursuing secondary, post secondary, 
33 
vocational, technical, tertiary, graduate and post graduate studies. 
1 


1 
(b) 
"Student" means any private, public or government run and funded 
2 
academic institutions offering any or all courses in the above mentioned levels, and 
3 
collectively those responsible for its control and operations; 
4 
5 
(c) 
"School Campus" means the totality of all contiguous or proximate 
6 
buildings, grounds or other facilities designated by the school authorities as areas or 
7 
facilities for the use of its students; a school may consists of more than one campus; 
8 
9 
(d) 
"Governing Board" means the highest policy making body of the school 
10 
such as the Board of Directors, Trustees or Regents; 
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12 
(e) 
"Student Council/Government" means the body representing the whole 
13 
student population in one campus whose officers are annually elected at large by the 
14 
whole student population pursuant to its constitution and bylaws; 
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(f) 
"Council of Leaders" means the body composed of the heads of various 
17 
student organizations chaired by the PresidenUChairperson of the Student Council; 
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19 
(g) 
"Student PUblications" means publications managed and published by 
20 
students and autonomous and independent from sectors of the school; 
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22 
(h) 
"Students Organizations" means an association or group of students 
23 
bonded by common ideals, principles, visions and interests and working toward 
24 
achieving their goals and aspirations; 
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26 
(i) 
"Instructor" means any person hired by the school to conduct classroom 
27 
activities; 
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(j) 
''Tuition'' means the fee representing direct costs of instruction, training 
30 
and academically related activities, and the use of school facilities. The term "other 
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school fees" refers to fees which cover the necessary costs directly supportive of 
32 
instruction, such as medical and dental, athletic, library, laboratory, student council fees, 
33 
publication fees, and Citizen Army Training (CAT) or Citizen Military Training (CMT) 
34 
fees. 
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SEC. 3. Freedom of Access to Education. - Under no circumstances shall a 
38 
student be denied admission to any school and of financial aid, scholarship and other 
39 
educational privileges and opportunities because of physical disability, socio-economic 
40 
status, political belief and affiliation, national origin, ancestry, race, religion sex, sexual 
41 
orientation, marital or parental status, and to the extent specified by law, age, or veteran 
42 
status; nor shall pregnant students, reformed convicts and drug abusers and those 
43 
suffering from the Acquired Immune Deficiency Syndrome be discriminated against. 
44 
Students not allowed to enroll in any school has the right to appeal such ~uling to the 
45 
appropriate education agency. 
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Students are free to pursue their educational goals; appropriate opportunities for 
48 
learning in the classroom and on the campus shall be provided by the school. 
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SEC. 4. Right to Organize and Freedom of Association. - Students are free to 
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form, join or participate in any group or organization within or outside of the school 
53 
campus for any lawful purpose including, but not limited to religious, social, economic, 
54 
political, intellectual, cultural or recreational purposes. 
55 
2 


1 
There shall be a central student council/government in every school that is 
2 
autonomous ad with annually popularly elected officers. The Committee on Elections 
3 
constituted, to conduct the election of the officers shall be composed solely of bona fide 
4 
students of the school. Every student council/government shall determine its policies 
5 
and programs on student activities subject to its duly ratified charter and state policy. 
6 
7 
Membership or affiliation to any legitimate student, community, socio-civic, 
8 
religious, political and other lawfully constituted organizations shall not be a condition to 
9 
admission in any school. No student shall likewise be coerced not to join any 
10 
organization as a condition for admission or as a ground for suspension or expulsion. 
11 
Affiliation of disaffiliation with an extramural organization shall not disqualify the school-
12 
based branch or chapter from registering as a student organization. 
13 
14 
No unreasonable requirements for accreditation shall be imposed upon any 
15 
student organization. The Central Student Council/Governrnent shall decide on the 
16 
accreditation of student organizations in consultation with the Dean of Student Affairs. 
17 
18 
Upon submission of their constitution and by laws and a forrnal letter addressed 
19 
to the Central Student Council/Government and for recognition shall be immediately 
20 
processes and acted upon in ten (10) days but not more than twenty (20) days. 
21 
Provided, That existing organizations shall only be required to submit the names of their 
22 
newly elected officers and amendments to their constitution and by-laws, if any. 
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SEC. 5. Freedom of Expression. - Freedom of expression shall be interpreted to 
26 
include all forms of written and oral expression, and all forms or dramatic and artistic 
27 
expression, dissent or controversy. 
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29 
(a) 
Students shall have access to print and broadcast media in their 
30 
information activities; 
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32 
(b) 
Students shall be free from censorship in the publication and 
33 
dissemination of their view as long as these are not represented as the views of the 
34 
school; 
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36 
(c) 
Student publications shall be free from any action controlling editorial 
37 
policy in accordance with Republic Act No. 7079 otherwise known as the "Campus 
38 
Journalism Act" and its amendments. Its editors, managers and contributors shall be 
39 
protected from arbitrary sanctions originating from the outside the student press. 
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41 
(d) 
Subject to existing laws, students shall be free to assemble, to 
42 
demonstrate, to protest, to communicate and to petition the government and school 
43 
authorities for the redress of their grievances; 
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45 
(e) 
School authorities shall designate a certain area on every campus a 
46 
freedom park where students can freely discuss issues directly and indirectly affecting 
47 
them. 
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50 
SEC. 6. Academic Rights. - Students' rights shall include but not limited to the 
51 
following: 
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53 
(a) 
A student has the right to choose a field of study and to pursue his course 
54 
up to graduation. 
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3 


1 
(b) 
A student has the right to be informed in reasonable detail in writing at the 
2 
first or a second class meeting with the assigned instructor about nature/content of the 
3 
course and to expect the course to correspond generally to its official description. 
4 
5 
(c) 
A student has the right to be informed writing at the first or a second class 
6 
meeting with the assigned the criteria to be used in evaluating the student's 
7 
performance and to expect that the grading system described by the school shall be 
8 
followed; 
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10 
(d) 
A student has the right to legitimate discussions inside and outside the 
11 
classroom and to express dissent or advocate altemative views and opinions without 
12 
being penalized. 
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14 
(e) 
A student has the right to receive a grade based only upon a fair and just 
15 
evaluation of performance in a course as measured by the standards announced by the 
16 
instructor at the first or second meeting. The student will be evaluated on knowledge 
17 
and academic performance for purpose and granting academic credit and not on the 
18 
basis of personal and political beliefs. 
19 
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(f) 
A student has the freedom to conduct academic researches and to freely 
21 
discuss and publish his/her findings and recommendations. 
22 
23 
(9) 
Students may invite and hear speakers of their choice on subjects of their 
24 
choice, and the school for the purpose of censorship shall not withhold approval. 
25 
26 
(h) 
Students have the right to make a written evaluation of the performance of 
27 
their teachers towards the end of the school term, to propose improvement in the 
28 
quality of instruction and in the screening of incoming faculty members, as well as to 
29 
participate in curriculum development. 
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SEC. 7. Right to Adequate Academic Facilities. -
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34 
(a) 
Students have the right to adequate academic facilities such as library, 
35 
research, laboratory and information technology equipment; sports and fitness, 
36 
recreation and other basic facilities. 
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38 
(b) 
Students have the right to live in safe, descent accommodation with 
39 
reasonable rent whether provided by the school, or the private sector. 'Letters and 
40 
communications received by the school on behalf of the student shall be delivered 
41 
promptly upon notification. 
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43 
(c) 
School authorities shall endeavor to provide free annual check-up to 
44 
students and an on-campus infirmary clinic. They shall also be responsible that a 
45 
campus is rendered adequate for students with inability and other disabilities. 
46 
47 
(d) 
No school shall charge the students with excessive fees in the use or 
48 
availing such facilities or services. Every school shall provide the students with clear 
49 
guidelines of any additional costs which may be incurred while studying before they 
50 
enter a school. These shall be rigorously monitored by the student council/govemment 
51 
to prevent the charging of top-up fees. 
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53 
(e) 
Students/student organization have the right to access or use of campus 
54 
facilities free from discrimination and subject only to regulations as to time and manner 
55 
of goveming the facility 
56 
4 


1 
2 
SEC. 8. Right to Student Employment. -
The school shall encourage 
3 
opportunities for student summer and part-time employment. It shall develop career 
4 
counseling and guidance in order to enhance student capability to join the workforce 
5 
during and after his school years. 
6 
The Student Council shall support job and career development efforts creating 
7 
among its student's organization and "Student Job Center" specifically for this purpose. 
8 
9 
Government agencies such as DOLE, DTI, DSWD, NYC, PSC, POC, shall 
10 
likewise provide support by giving students priority placement, following the out-of-
11 
school youth in availing of summer employment in government and public works. 
12 
13 
Every student, working for a period not to exceed the minimum wage and other 
14 
benefits provided by the labor code has the right to minimum wage if they are in the 
15 
employment. 
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17 
Students have the right to protection in the workplace through health and safety 
18 
conditions that are cognizant of their age and physical development. 
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20 
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SEC. 9. Right to Consultation, Information and Participation in Policy Making. -
22 
Students have the right to be informed and consulted in the formation of school and 
23 
calculation politics. No rule, regulation or policy that directly or indirectly affect the 
24 
students rights and welfare, including tuition fee increase, shall be implemented without 
25 
prior consultations and information. 
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27 
There shall be a student representative in the Governing Board of the school. 
28 
The Chairman/President of the Student Councilor any deSignated representative 
29 
chosen by the heads of various local college student council shall be the representative. 
30 
31 
Student shall be represented in other policy-making bodies, which directly affect 
32 
their welfare especially in curriculum reView, student discipline and academic standards. 
33 
The student council shall designate the representatives. 
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35 
The student council/government through a majority vote of all its members shall 
36 
have to file an appeal on any decision of any policy making body subordinate to the 
37 
Governing Board. Such appeal shall be filed with the Governing Board. 
38 
39 
The Student Council/Government with the same requisite number of votes 
40 
referred to in the previous paragraph may file a motion for reconsideration of any 
41 
decision' of the Governing Board. 
42 
43 
In 
case of any decision 
unfavorable to the students, 
the. 
Student 
44 
council/government may file an appeal with the Department of Education (DEPED), the 
45 
Technicsil Education and Skills Development (TESDA), and the Commission on Higher 
46 
Education (CHED), as the case may be. 
47 
48 
All appeals and motions for reconsideration referred to in the previous 
49 
paragraphs must be within thirty (30) calendar days from the date of notice of decision. 
50 
51 
52 
SEC. 10. Creation of Student Ethics Committee. - Recognizing the values of 
53 
student responsibility and self-regulation, as well as its own capacity to discipline in the 
54 
aspect of students ~thics, the school management shall refer to the Students Ethics 
55 
Committee. Such committee shall be created for this purpose by the student 
56 
government in consultation with the "Student Affairs Office." 
5 


1 
2 
All questions pertaining to plagiarism, falsification, copying, cheating and other 
3 
forms of unethical student conduct shall be referred to the Students Ethics Committee 
4 
which may be recommended appropriate disciplinary action to the Student Disciplinary 
5 
Board. 
6 
7 
SEC. 11. Due Process in Disciplinary Proceedings. - No student shall be 
8 
suspended or summarily dismissed without proof or hearing. Witnesses may be called 
9 
in the student's defense. Witnesses should be identified and reference should be made 
10 
to the school rule or regulation violated and the possible severity of such charges. 
11 
12 
There shall be a Student Disciplinary Board in every school which shall hear and 
13 
decide on disciplinary proceedings. It shall be composed of two (2) student members, 
14 
two (2) faculty members and one (1) representative from the school administration. The 
15 
Student Council shall endorse the student and faculty members. 
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17 
The student has the right to appeal adverse decisions by the Student Disciplinary 
18 
Board to the Governing Board and ultimately to the appropriate education agencies. 
19 
20 
The Student Disciplinary Board, in coordination with the Dean of Student Affairs 
21 
shall publish and post on a periodic basis acts which are deemed violative of school 
22 
rules and regulations and the corresponding disciplinary sanctions. Provide that such 
23 
rules and regulations do not violate the students' rights herein and under the 
24 
Constitution. Provided, further, That the disciplinary sanctions shall be corrective rather 
25 
than punitive. 
26 
27 
28 
SEC. 12. Right to Protection and Privacy of Official EdUcational Records - A 
29 
student has the right to inspect and to be issued his/her official records. 
30 
31 
The student has the right to request the school to amend his or her records and, 
32 
if that request is denied, the student has the right to a hearing to challenge' the content 
33 
of the students official education records, to insure that the records are not inaccurate, 
34 
misleading or otherwise in violation of the privacy or other rights to students. If the 
35 
school declines to amend the record following the hearing, the student has the right to 
36 
submit a statement for inclusion in the education record commenting on the information 
37 
in the record and the schools decision not to amend it. Provided the right to a hearing 
38 
does not include any right on the part of the student to challenge the appropriateness of 
39 
the grade as determined by an instructor. 
40 
41 
Student's records shall not be released to persons other than the authorized 
42 
school authorities without permissions of the student or through compliance with 
43 
applicable laws. 
44 
45 
Information about a student's views, beliefs and pOlitical associations acquired in 
46 
the course of instruction, advising and counseling is confidential and shall not be 
47 
disclosed to others unless by written consent of the student. 
48 
49 
The school shall not act in derogation of the rights of students to be secure in 
50 
their possessions. Students shall be secure against invasion of privacy and 
51 
unreasonable search and seizure. Except for the following instances, no search and 
52 
seiZure of a student shall be deemed valid: 
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54 
55 
56 
a) 
searches made to a point of ingress by authorized personnel of the 
school; 
6 


1 
2 
3 
4 
5 
6 
7 
8 
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10 
11 
12 
b) 
c) 
d) 
e) 
searches and sei~ures of illegal article or articles falling in the plain view of 
duly authorized personnel; 
searches and seizures of article that are illegal, discovered inadvertently 
duly authorized personnel; 
searches made when the student is about to commit, is committing or has 
committed a crime or a serious infraction of the schaal's rules and 
regulation 
searches made with a valid search warrant 
13 
Students shall have the right to study or practice without undue restriction or 
14 
disruption. 
15 
16 
The privacy of communication and correspondence among students shall remain 
17 
inviolable. 
18 
19 
20 
SEC. 13. Implementing Rules and Regulations. - Within ninety (90) days, the 
21 
DEPED, TESDA, and CHED, in consultation with the students and all concerned groups 
22 
shall promulgate the necessary rules and regulations to implement the provisions of this 
23 
Act. 
24 
25 
26 
SEC. 14. Penalty. 
Any person who shall willfully interfere with, restrain or 
27 
coerce any student in the exercise of his or her right guaranteed by this Act, or who 
28 
shall upon conviction, be punished by a fine of not less than Ten Thousand Pesos 
29 
(P10,000.00) nor more than Fifty Thousand Pesos (P50,000.00) or by imprisonment of 
30 
not less than one (1) year not more than five (5) years, or both such fine and 
31 
imprisonment at the discretion of the Court. If the offender is an educational institution, a 
32 
juridical person, the penalty shall be imposed upon the President, Treasurer, Secretary 
33 
or any person or officer responsible for the violation. If the offender is an alien, he shall, 
34 
after the service of sentence, be deported immediately without further proceeding in the 
35 
Bureau of Immigration and Deportation (BID). If the offender is a public officer or 
36 
employee, the Court shall, in audition to the penalties herein above provided, order his 
37 
dismissal from the government service. 
38 
39 
In this regard, the DEPED, the CHED, and the TESDA shall be empowered to 
40 
investigate into the violations of this Act or the rules and regulations issued there under 
41 
and for this purpose shall have the power to issue summons, writs, orders, subpoena 
42 
and subpoena duces tecum to secure the attendance of witnesses and the presented to 
43 
the appropriate body. 
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44 
45 
46 
SEC. 15. Repealing Clause. All laws, decrees, orders, rules and regulations or 
47 
other issuances or parts thereof inconsistent with the provisions of this Act hereby 
48 
repealed or modified accordingly. 
49 
50 
51 
SEC. 16. Effectivity Clause .This Act shall take effect fifteen (15) days after its 
52 
publication in any newspapers of general circulation. 
53 
54 
55 
Approved, 
7