Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

EIGHTEENTH CONGRESS
First Regular Session

326

HOUSE BILL NO.

Introduced by KABATAAN PARTY-LIST Representative Sarah Jane |. Elago,
ACT TEACHERS PARTY-LIST Representative France L. Castro,
BAYAN MUNA PARTY-LIST Representatives Carlos Isagani T. Zarate,
Ferdinand Gaite and Eufemia C. Cullamat,
and GABRIELA WOMEN’S PARTY Representative Arlene D. Brosas

EXPLANATORY NOTE

Articles 11, 12, and 13 of the International Covenant on Economic, Social and
Cultural Rights (ICESCR) - a multilateral treaty adopted by the United Nations
General Assembly on 16 December 1966, signed by the Philippines on 19 December
1996 and ratified on 7 June 1974 — states the right to an adequate standard of living
(right to adequate food, housing, etc.), right to health, and right to free education,
respectively, of each citizen of the world

“Right to an adequate standard of living

Article 11 recognizes the right of everyone to an adequate standard
ing. This includes, but is not limited to, the right to adequate
food, clothing, housing, and "the continuous improvement of living
conditions". It also creates an obligation on parties to work together
to eliminate world hunger.

The right to adequate food, also referred to as the right to food, is
interpreted as requiring "the availability of food in a quantity and
quality sufficient to satisfy the dietary needs of individuals, free from
adverse substances, and acceptable within a given culture". This
must be accessible to all, implying an obligation to provide special
programs for the vulnerable. The right to adequate food also implies
a right to water.

The right to adequate housing, also referred to as the right to
housing, is "the right to live somewhere in security, pegce and
dignity". It requires "adequate privacy, adequate space, adequate
security, adequate lighting and ventilation, adequate basic
infrastructure and adequate location with regard to work and basic
facilities — all at a reasonable cost".

Right to health


Article 12 of the Covenant recognizes the right of everyone to "the
enjoyment of the highest attainable standard of physical and mental
health". "Health" is understood not just as a right to be healthy, but
as a right to control one's own health and body (including
reproduction) and be free from interference such as torture or
medical experimentation. States must protect this right by ensuring
that everyone within their jurisdiction has access to the underlying
determinants of health, such as clean water, sanitation, food,
nutrition and housing, and through a comprehensive system of
healthcare, which is available to everyone without discrimination,
and economically accessible to alll.

Article 12.2 requires parties to take specific steps to improve the
health of their citizens, including reducing infant mortality and
improving child health, improving environmental and workplace
health, preventing, controlling and treating epidemic diseases, and
creating conditions to ensure equal and timely access to medical
services for all. These are considered to be "illustrative, non-
exhaustive examples", rather than a complete statement of parties’
obligations.

Right to health is inclusive right extending not only to timely and
appropriate health care but also to the underlying determinants of
health, such as access to safe and potable water and adequate
sanitation, an adequate supply of safe food, nutrition and housing,
healthy occupational and environmental conditions.

Right to free education

Article 13 of the Covenant recognizes the right of everyone to free
education (free for the primary level and “the progressive
introduction of free education" for the secondary and higher levels).
This is to be directed towards "the full development of the human
personality and the sense of its dignity,” and enable all persons to
participate effectively in society. Education is seen both as a human
right and as "an indispensable means of realizing other human
rights", and so this is one of the longest and most important articles
of the Covenant.

Article 13.2 lists a number of specific steps parties are required to
pursue to realize the right of education. These include the provision
of free, universal and compulsory primary education, "generally
available and accessible" secondary education in various forms
(including technical and vocational training), and equally accessible
higher education.”

Article I] Sections 13 and 17 of the 1987 Constitution states, “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,” and “The State shall


give priority to education... to foster patriotism and nationalism, accelerate social
progress, and promote total human liberation and development,” respectively.

With that, the State shall always be concerned with the development of the
“whole student" or a student's intellectual capacity and achievement, emotional make-
up, physical condition, social relationships, vocational aptitudes and skills, moral and
religious values, economic resources, and aesthetic appreciations. These are the
basic tenets of helping students reach their full potential and attending to them as
human beings—not simply those in need of intellectual training.

Those are the guiding principles behind the crafting of the Comprehensive Free
Public Education Bill so much so that the same are used in this bill for free and quality
university services. Thrust before Congress is a bill drafted collectively by youth and
students in the Philippines to holistically address the worsening state of the Philippines
public higher education system. This proposed bill not only seeks to make public
education up to the tertiary level free and accessible to all. But also, to uphold the
public character of our state-run higher education institutions and address the
structural ills of the Philippine education system.

Student Accommodation

Globally, food and housing challenges in tertiary education are apparently rising in
numbers.’ The growing cost of living accompanied by consistent fee increases
translates to a situation where students are struggling to access necessities such as
food and shelter. A genuinely inclusive higher education system would allow
opportunities for access, participation and success for students irrespective of their
socioeconomic status or available monetary resources.”

Housing accommodation for students is crucial in providing an environment for the
holistic development of students: It should be a safe, secured, clean, and comfortable
place to live in as it serves as a second home that nurtures students in their pursuit of
academic excellence and creates an environment contributive to their integral
development as future leaders of the nation and active members of the community.

It plays an important role in the total development of students. These student
accommodations provide an atmosphere conducive to sound intellectual, physical,
emotional, spiritual, social and cultural pursuits. They are living laboratories on
campus where students can integrate the interplay between academic and non-
academic learning experiences. No other system of any education institution has the
potential to impact the passing student more than his/her place of residence. Student
housing built-in program of activities and services complement the academic programs
of the education institutions and capture the essential elements of a “home away from
home” where our student-residents obtain an enriching group living experience.

Students of state universities and colleges come mostly from remote areas,
neighboring cities and municipalities and some from the different parts of the country.
It is also observed that some students, especially from poor families, drop out from
school because they cannot afford to pay for the high cost of board and lodging and

* Domingue Whtahead, "Food and housing challenge: (Retain excuton in higher educator! Journal of Evasion, no. 68 (2017 180-189.
2 UNESCO. (1954), The Salamanca Sstart and ramewerk er acon an specs needs eaicaon. Pars: UNESCO.


food within and near the school or university. To ensure their well-being and continuing
education, it is important to provide them with decent living quarters or dormitories and
free/ affordable meals and food options. This added benefit will guarantee the quality
of education. Travel time will also be lessened, giving the students more time for their
academic endeavors.

Yet, most facilities and housing services fail to consider the safety and welfare of
‘students in tertiary education.

Student Food Security

Food and housing are proven crucial resources for academic success yet these two
remain overlooked generally and assumed automatically accessible for higher
education students. Food has been perceived to have essential role in early childhood
education; several researches show malnutrition and undernutrition cause stunting,
and poor cognitive and educational performance.>

Food challenges are prevalent at higher education institutions across Asia, such as
‘South Africa, with nutrition and hunger issues being the primary issues.* While food
concerns within higher education have been under-researched, we know that students
are more likely to experience hunger toward the end of a term, when they have
depleted their funds.® This is particularly concerning given that students write
examinations at the end of the term, and this is a time of year when students perhaps
most need to have access to food in order to perform well. It is often understood that
students who experience food acquisition challenges consume poor diets that lack
nutritious food; this is due to more affordable foods having high energy density and a
low nutrient density; for, example, fruits and vegetables have more nutrients and fewer
calories, but tend to be more expensive, than for example, bread.® That situation
results in food insecure students’ being more prone to obesity than of their food secure
counterparts, as they are the often consumers of less expensive food that is high in
energy density, but low in nutrient density.” Food insecurity is a state where one
experiences compromised access to sufficient food generally or to healthy.®

In the United States of America, they have Community Eligibility Provision (CEP)—a
non-pricing meal service option for schools and school districts in low-income areas.
CEP allows the nation’s highest poverty schools and districts to serve breakfast and
lunch at no cost to all enrolled students without collecting household applications.
Instead, schools that adopt CEP are reimbursed using a formula based on the
percentage of students categorically eligible for free meals based on their participation

° oomnguns Whitehead, ¥. “Food andhousingchalenges(Rejtaming excision i tigher educate’ Jouma ef Edcaton, no. 68 (2017): 150-168,

4 oun tican Goverrart (201) Minster Blade Remade: 2017 Unaraty Feet Mei Sting Reteved rom ip maw gov zaepeechesmnnte ade 2imande-
20m

‘ives eos made beg 1924p 2016-000. | Dominguez Whtahead “Fond ardhausingcalarges (Reaningexcsen higher educator! Jounal of
{Editon no. 68 (2017) 120-108.

aro. una, Sot M8 Bary, 5.3) Hing town: Fond mat aman rts te vy a itl Pepe a
acoton, 314), 168-173. | Doringuer head, ¥ rouse challenges (Rejrerng excuson mn hgh eucate”sewnalef Edcaton no 68 (2017)
‘soe

& sritnead ¥ "Food ae housing cheng: (Retaming excision niche eater Jounal of Education. 68 (2017) 120-188 | Kass. 8. 8
\elsman (2013) Food acury stu and academic prance of shots on Mn ai The case Unversity of Kaas Natl Atoraon, 8, 248-254

rune Nhtehead,¥. Food nd housing chaleges (Rearing excsion in higher educate’ Jounal ef Eecaon no 682017} 150-168 | Wie, PE. &
‘Pater (200) eco weigh chrgewseand wi oven ed sey ah four Marton, 6), 185-1

* ominguns-Nhteheed ¥. Food and housing challenges: (Rearing exci in hgher educate’ Joumal ef dation, no. 68 (2017) 150188,


in other specific means-tested programs, such as the Supplemental Nutrition
Assistance Program.

As a society we expect—and demand—that schools provide every student with the
resources necessary for learning—books, a desk, a qualified teacher, a safe learning
environment. Of course, the most basic and fundamental resource that every student
need in order to learn is nourishment for the brain and body—an adequate and healthy
diet that supports learning and keeps the child healthy. Students who are hungry
cannot learn. They cannot concentrate. They are more likely to be absent and tardy.
They get “hunger headaches,” giving students hard time to concentrate in class.

Universal Free School Meals then come into the picture. In U.S., their Community
Eligibility Provision enables schools to offer two no-cost meals—known as universal
school meals—to all students each school day. The meals meet federal nutrition
standards and help ensure students have the nutrition they need to learn throughout
the day.

Here are the accompanying benefits it resulted to: increased participation; healthy
students as they are more likely to eat fruits, vegetables, and milk which are nutrient-
dense foods that contribute to a healthier Body Mass Index (BMI) and lower chances
for obesity; more time to eat and study as the time for students to line up and pay a
cashier got eliminated; less stress as financial strain on the family food budget was
reduced; and better learners as research shows a well-nourished student is a better
learner, test-taker and participant in school.

School Health Services

The World Health Organization (WHO) has defined the social determinants of health
as conditions in which people live and survive and are shaped by “by the distribution
of money, power and resources at global, national and local levels”.? These include
but are not limited to social exclusion, public health programs and social determinants,
women and gender equality, globalization, health systems, measurement and
evidence, and urbanization. The intention of understanding the social determinants of
health are set on addressing the issue of health inequities which would seek to lessen
health divides among people.

The school health service aims to promote healthy development and wellbeing, so
students and the university community may reach their full potential, and to provide
information and support to students (and their families) to help them make informed
decisions about their health, wellbeing and development.

Each public higher education institution must then have a health service that offers
experienced general practitioner and emergency medical care services to all members
of the University community: current students (undergraduate and postgraduate), staff
and their families and employees of other organizations working on campus.

It shall have the capability to handle simple, uncomplicated and stable medical
conditions, engages in preventive-promotive activities such as physical - medical
examinations, immunizations; consultants on such fields as internal medicine, general

° wens Heath Organization Abt sol dteminants of helt Retrevo hips nw who soci detrminrtch deiitonen


surgery, neurology, OB-gynecology, psychiatry, allergology-immunology and
dermatology.

In line with the public's genuine concern for a healthcare system that immediately
caters to the poor, mismanagement, misallocation, and misuse of resources and funds
in the health sector have gravely affected the output of public health institutions.
Independent and private health services have been more efficient in providing health
services, yet have proven costlier than its public counterpart.

This failure in the part of national and local authorities has its respective reprises even
for the youth and students. As community-based health facilities and services remain
low and futile, the youth look towards health services provided in their education
institutions as a source to address their issues with regard to health. Yet, the status of
health services in public higher education institutions remains a concern in need of
immediate action and solution. A persistent problem of inequity in the improvement of
health services and facilities in public higher education institutions remains a general
concern of students.

The proposed bill addresses the constitutional mandate that the State must give
priority to and ensure quality holistic education, which is relevant to the needs of the
people and society. This state obligation does not only include the provision of free
and quality education, but also the advancement of holistic development and sound
and favorable environment for learning.

The need for the creation of such environment is highlighted by the current
worst state of dormitories and boarding houses, or lack thereof, that students have to
live with, and the inadequacy and quality of readily available and affordable meals or
food options, and health services in universities.

Through the fiscal years, funding for capital outlay, or for the construction of
additional facilities such as dormitories or residence halls of the state universities and
colleges, decrease, coupled with the privatization of management and non-academic
services such as health and food (under Republic Act 8292 or the Higher Education
Modernization Act of 1997, Sec. 4. Powers and duties of Governing Boards, part (w))-
-leading to the inaccessibility and unaffordability of food products and health services
within the universities and colleges—and the appalling continued increase of inflation
rates.

This reality is even made worse for those students who belong to the lower
income families, majority of them from the provinces, and they are the vast
stakeholders of our public higher education institutions. Thus, the need for free
university services.

Through this we can facilitate the creation of a safer and better learning
environment and achievement of holistic development of our youth.

If passed, this bill stands to benefit not only those enrolled currently in SUCs,
but also millions other who will be able to get back or enter college without fearing the
heavy cost. At a more fundamental level, the passage of this bill, after the recent


landmark legislation Universal Access to Quality Tertiary Education, will also result in
the gradual reversal of decades of attacks on the right of every Filipino to education.

Believing that fundamental changes in education should address the basic ills
that hound the system, we need to collectively strive for a type of education that is not
only free, but also empowering and liberating.


Approval of this bill is earnestly sought.

Rep. CARLOS IS, NI

ZARATE ). FERDINAND GAITE

BAYAN MUNA Party- BAYAN MUNA Party-List
uw amet —
Rep. EUFEMIA C. CULLAMAT INE D. BROSAS

BAYAN MUNA Party-List GABRIZLA Women’s Party



Republic of the Philippines
HOUSE OF REPRESENTATIVES
‘Quezon City

EIGHTEENTH CONGRESS
First Regular Session

326
HOUSE BILL NO.

Introduced by KABATAAN PARTY-LIST Representative Sarah Jane |. Elago,
ACT TEACHERS PARTY-LIST Representative France L. Castro,
BAYAN MUNA PARTY-LIST Representatives Carlos Isagani T. Zarate,
Ferdinand Gaite and Eufemia C. Cullamat,
and GABRIELA WOMEN’S PARTY Representative Arlene D. Brosas

AN ACT
PROMOTING COMPREHENSIVE FREE PUBLIC TERTIARY EDUCATION BY
PROVIDING FOR FREE UNIVERSITY SERVICES—QUALITY FREE ADEQUATE
UNIVERSITY HOUSING, HEALTH SERVICES, AND STUDENT MEALS—AND
QUALITY AND AFFORDABLE FOOD SERVICES IN STATE UNIVERSITIES AND
COLLEGES, AND APPROPRIATING FUNDS THEREFOR

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

SECTION 1. Title. — This Act shall be otherwise known or cited as the
“Free University Services Law”

SECTION 2. Declaration of Policy. — It is hereby declared that quality
‘education is an inalienable right of all Filipinos and it is the policy of the State
to protect and promote the rights of all students to quality education at all
levels. Therefore, the State shall take appropriate steps to make such
education accessible to all. For these intents, the State shall:

(a) recognize 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 and nationalism, and
encourage their involvement in public and civic affairs;

(b) give priority to education, science and technology, arts, culture,
and sports to foster patriotism and nationalism, accelerate social progress,
and promote total human liberation and development;

(c) provide all Filipinos with equal opportunity to quality tertiary
education in public educational institutions;

(d) provide adequate funding and such other mechanisms to increase
the participation rate among all socioeconomic classes in tertiary education;


(e) always be concerned with the development of the "whole student"
or a student's intellectual capacity and achievement, emotional make-up,
physical condition, social relationships, vocational aptitudes and skills, moral
and religious values, economic resources, and aesthetic appreciations--the
basic tenets of helping students reach their full potential; and

(f) ensure the optimized utilization of government resources in quality
holistic education by providing quality affordable food services, and free and
adequate university housing and health services, and discontinuing
privatization of these services which should really be part of the cost of
education that the State shall provide for.

SECTION 3. Definition of Terms — For purposes of this Act, the
following terms shall mean:

(a) academic personnel refer to those who are formally engaged in actual
teaching or in research assignments, either on full-time or part-time basis

(b) academic support personnel refer to those who perform certain prescribed
academic functions directly supportive of teaching, such as registrars,
librarians, guidance counselors, researchers, and other persons performing
similar functions including institution officials responsible for academic matters
and affairs

(c) non-academic personnel refer to the rank-and-file employees of the
institution engaged in administrative functions and maintenance of a higher
education institution

(d) school health facilities refer to places that health services which include but
are not limited to clinics and hospitals, shall have the capability to handle
simple, uncomplicated and stable medical conditions, engages in preventive-
promotive activities such as, but not limited to, physical - medical
examinations, immunizations, consultations on fields such as, but not limited
to, internal medicine, general surgery, neurology, OB-gynecology, psychiatry,
allergology-immunology and dermatology.

(e) school health services refer to services that promote health including, but
not limited to, physical, dental, and mental health assessment, examination,
and treatment;

(state universities and colleges (SUCs) refer to public HEIs established by
national government and are governed by their respective independent
boards of regents or trustees;

(g) university food services — campus dining centers, food courts, cafes,
catering, vending, and the likes that provide comprehensive dining service to
students, faculty and staff that should be affordable and meet the nutritional
demands of diverse campus community

(h) university housing refers to residence halls, dormitories, buildings and the
likes that provide accommodation to students, and academic and academic
support personnel during their stay in school;

SECTION 4. Free School Health Services. — All enrolled students, and
academic and non-academic personnel of SUCs shall be entitled to free health
services in school health facilities.


SECTION 5. Free Student Meals. — All enrolled students of SUCs shall be
entitled to free and healthy breakfast, lunch, and dinner meals in school canteens/
cafeterias or equivalent.

SECTION 6. Quality and Affordable University Food Services. — All enrolled
students, academic and academic support personnel, and non-academic personnel
of SUCs shall be entitled to a quality, affordable, and safe food products and
services with the nutrition standards set by previous laws on community nutrition
within SUCs.

SECTION 7. Free and Adequate University Housing. — All universities and
colleges shall have a university housing such as residence halls, dormitories,
buildings and the likes that provide accommodation to students, and academic and
academic support personnel during their stay in school.

Qualified students, academic and academic support personnel in SUCs shall
be entitled to free university housing provided that they are financially-disadvantaged
and/or staying from home. All SUCs must provide adequate housing, i.e. construct
for at least 40% of the student, academic, and academic support personnel
population.

SECTION 8. No Collection Policy and Determination of Funding. — All SUCs
are prohibited from collecting health services fees from all students, and academic
and academic support personnel, and non-academic personnel; university housing
fees from qualified students, and academic and academic support personnel; and
student meals fee from all students. In lieu of collecting said fees, the amount
required for the implementation of free university housing, health services, and
student meals in SUCs shall be determined by the respective governing boards of
SUCs.

SECTION 9. Development Plan. — All SUCs are hereby mandated to
formulate and submit to the CHED and to the Joint Congressional Oversight
Committee on Universal Access to Tertiary Education, a detailed development plan
which shall include plans to increase student housing capacity and improve school
health facilities.

SECTION 10. Transitory Provisions. — The CHED shall formulate the
appropriate strategies and mechanisms needed to ensure smooth and swift
implementation of free and affordable university services. Taking into consideration
the influx of students who will enter public tertiary schools and/or continue college
studies, CHED — in partnership with other government agencies including the
Department of Budget and Management — shall craft strategies that may cover
changes in physical; infrastructure, manpower, organizational and structural
concerns.

To manage the initial implementation, the CHED, and the public higher
education institutions shall coordinate closely with one another to implement
strategies that ensure the academic, physical, financial, and human resource
capabilities of state-run universities and colleges. For this purpose, a transition
period shall be provided for in the implementing rules and regulations of this Act,

10


which shall cover capacity-building, infrastructure development, and the hiring and
proper compensation of additional needed personnel

SECTION 11. Implementing Rules and Regulations. — Upon enactment of
this Act, the CHED shall establish a multi-sectoral committee that will craft the
Implementing Rules and Regulations (IRR) needed for the implementation of this
‘Act. This Committee shall be led by the CHED Chairperson with the following
members: (1) a representative from the Philippine Association of State Universities
and Colleges (PASUC); (2) an academic personnel representative, (3) academic
support personnel representative; (4) a non-academic personnel representative; (5)
and representatives from national youth and student organizations and formations:
Provided, That the committee shall finish and promulgate the IRR within ninety (90)
days after the effectivity of this Act.

SECTION 12. Appropriations. — The amounts necessary to carry out the
provisions of this Act, specifically Sections 4, 5, and 7 shall be included in the annual
General Appropriations Act (GAA) and shall be appropriated under SUCs, and
CHED, in accordance with the provisions of this Act. The President is hereby
authorized to realign or transfer any item of appropriation within the CHED and/or
utilize any savings therein to carry out the purposes of this Act.

SECTION 13. Separability Clause. — If any provision or part thereof is held
invalid or unconstitutional, the remainder of the law or the provision not otherwise
affected shall remain valid or subsisting.

SECTION 14. Repealing Clause. — Pertinent provisions of Batas Pambansa
Big. 232 or the “Education Act of 1982,” Republic Act No. 8292 or the “Higher
Education Modernization Act of 1997,” Republic Act No. 10931 or the “Universal
Access to Quality Tertiary Education Act,” and all other laws, decrees, executive
orders, and rules and regulations contrary to or inconsistent with the provisions of
this Act are hereby repealed or modified accordingly.

SECTION 15. 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,