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EIGHTEENTH CONGRESS
‘Second Regular Session

HOUSE BILL No. 8579

Introduced by HON. LUIS RAYMUND “LRAY” F. VILLAFUERTE, JR.

AN ACT
TO PROTECT THE FREEDOM OF SPEECH AND OF ASSOCIATION RIGHTS OF
STUDENTS ATTENDING INSTITUTIONS OF HIGHER EDUCATION

The constitutionally protected freedom of speech and of association are rights which are
primarily exercised in institution of higher learning. The youth, particularly students in
colleges and universities should be exposed to this right. However, the very institutions
which should encourage the exercise of these rights are their main suppressors.
This bill seeks to provide further safeguards for the exercise of the ch
constitutional rights of free speech and association by students in institutions of higher
learning by terminating government financial assistance to certain government funded
programs or activities received by such educational institutions for violation of these
rights.

Al

LUIS RA’ IND “LRAY’/F. VILLAFUERTE, JR.

Y Vy


Rewble of the Philipines

HOUSE OF REPRESENTATIVES

Queson City
MARKS wh

EIGHTEENTH CONGRESS
‘Second Regular Session

HOUSE BILL No. 8573

Introduced by HON. LUIS RAYMUND “LRAY” F. VILLAFUERTE, JR.

AN ACT
TO PROTECT THE FREEDOM OF SPEECH AND OF ASSOCIATION RIGHTS OF
STUDENTS ATTENDING INSTITUTIONS OF HIGHER EDUCATION

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

SECTION 1. Short Title. - This Act may be cited as the “Freedom of Speech and of
Association on Campus A

SECTION 2. Declaration of Policy. - It is the policy of the State to protect the speech and
association rights of students attending institutions of higher education. Toward this end,
the government shall ensure, within the context of a free and democratic system, the
promotion of the right of every student in the exercise of their freedom of speech and
ciation regardless of sex, age, creed, socio-economic status, physical and mental
ditions, racial or ethnic origin, political or other affiliation.

SECTION 3. Definition of Terms. - For the purposes of this Act, the term:
(1) “Secretary” means the Secretary of the Department of Education.

(2) “Institution of Higher Education” means institutions offering tertiary degree programs
and post secondary programs.

(3) “Tertiary Degree Programs" refer to courses of study leading to an initial or higher
bachelor’s degree, as well as formal graduate studies leading to masteral, doctoral or

similar degrees. it also includes courses of study which by themselves may be only for
one-, two-, or three-year courses of study leading to less than a bachelor’s degree


program, but which can subsequently be credited in full bachelor’s degrees.

(4) “Post-secondary Programs” refer to courses of study which cannot be credited
towards a bachelor’s degree but which require the possession of a high school diploma
for admission, which are terminal in nature, and which are general for obtaining technical

(5) “Protected Speech” means speech that is protected under the 1987 Constitution.

(6) “Protected Association” means the right to join, assemble, and reside with others that
is protected under the 1987 Constitution

(7) “Official Sanction” (a) means expulsion, suspension, probation, censure,
condemnation, reprimand, or any other disciplinary, coercive, or adverse action taken by
an institution of higher education or administrative unit of the institution; and (b) includes
an oral or written waming made by an official of an institution of higher education acting
in his official capacity.

(8) “Student” means those enrolled in and who regularly attend an educational institution
of higher level of a person engaged in formal study.

SECTION 4. Protection of Student Speech and Association Rights. - No student
attending an institution of higher education on a full or part-time basis shall, on the basis
of protected speech and association, be excluded from participation in, be denied the
benefits of, or be subjected to discrimination or official sanction under any educational
program, activity, or division directly or indirectly receiving financial assistance by the
state, whether or not such program, activity, or division is sponsored or officially
sanctioned by the institution.

SECTION 5. Sanctions. —

(A) In General. - No funds shall be made available to an educational program, activity or
division of any institution of higher education that the Secretary finds, after notice and
opportunity for a hearing, has violated any provision of this Act.

(B) Inapplicability to Student Assistance. — Paragraph (1) shall not apply to any funds
that are provided under this Act for student financial assistance.

(C) Exception to Sanctions. - This section shall not apply to an institution of higher
education that is controlled by a religious or military organization, if the speech or
association is not consistent with the religious teaching or military training of the
institution.

(D) Sanctions for Disruption Permitted. — Nothing in this Act shali be construed to
prevent the imposition of an official sanction on a student that has willfully participated in
the disruption or attempted disruption of a lecture, class speech, presentation, or


Performance made or scheduled to be made under the auspices of the institution of
higher education.

SECTION 6. Separability Clause. - If any provision or part hereof, is held invalid or
unconstitutional, the remainder of the law of the provision not otherwise affected shall
Temain valid and subsisting.

SECTION 7. Repealing Clause. — Any law, presidential decree or issuance, executive
order, letter of instruction, administrative order, rule or regulation contrary to, or
inconsistent with, the provision of this Act is hereby repealed, modified or amended
accordingly.

SECTION 8. Effectivity Clause. ~ Act shall take effect fifteen (15) days after its
Publication in at least two (2) newspaper of general circulation.

Approved,