Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City, Metro Manila

Sixteenth Congress
First Regular Session

4435

House Bill No.

Introduced by AKBAYAN Representatives
Ibarra “Batty” M. Gutierrez II and Walden F. Bello

EXPLANATORY NOTE,

‘The tight to education is a guarantee contained in no less than the 1987 Philippine Constitution,

particularly in the provisions of its Article XIV. It is a right in the Uniewsial Declaration of Human

Rights, and recognized in international instruments like the International Covenant on Civil and
Political Rights and the International Covenant on Economic, Social and Cultural Rights. That education is
guaranteed by the Constitution and several other international instruments attest that education is
important not only for an individual’s personal development and empowerment but also for a

more meaningful participation in society.

Despite Article III of the Constitution, the full enjoyment and exercise of the right to education

need to be expressly connected to tights and freedoms. In educational institutions,
discriminatory policies, rules that restrict the establishment of student organizations, failure to
deliver adequate services to students, lack of student representation and participation,
imposition of unnecessary and unreasonable fees, and unjust disciplinary sanctions impair the
exercise of the right to education. In the long run, such policies and actions threatens an

individual to enjoy a life of dignity.

The suppression of the rights and welfare of students is fuethered by the policy environment that
currently governs the education sector. ue to the deregulation of the education sector, the State
is gradually relinquishing its regulatory role to encourage private participation in the provision of
education. By 2011, the number of private higher education institutions reached 1,636 while state

universities and colleges numbered 110.


‘The effect is that the enforcement and application of policies, especially those involving the
rights and welfare of students, have become skewed, with the State’s education agencies claiming
that they have no power over PHEIs that have been granted deregulated status. On the other
hand, SUCs have more policy handles in enforcing students’ rights and welfare. Thus, while
violations to students’ rights and welfare happen both in PHEIs and SUCS, the possibility of
education agencies being pressured to act on complaints involving SUCs is higher than in cases

involving PHEIs.
‘There is, therefore, a need to correct this anomaly.
Students’ rights and welfare are human rights, and thus must be uniformly recognized, protected

and promoted. The Commission on Higher Education and the Technical Education and Skills

andate to ensure that students are able to

Development Authority should also be given the

enjoy and exercise their rights and freedoms.

Legislative action is necessary to introduce the following reforms and to strengthen students’
tights and welfare: the recognition and promotion in campuses of rights and freedoms enshrined
in the Constitution and affirmed by various international human rights instruments; regulation of

tuition and other school fee increases by introducing minimum standards in consultation;

penalization of students’ rights violation, and; strengthening the capacity and power of education

agencies in ensuring that students’ rights and welfare are protected and promoted.

Immediate approval of this measure is, therefore, earnestly sought.

G Ec m WALDEN F. BELLO


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Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City, Metro Manila

Sixteenth Congress
First Regular Session

4435

House Bill No.

Introduced by AKBAYAN Representatives
Tbarta “Barry” M, Gutierrez I1 and Walden F, Bello

AN ACT
PROVIDING A NATIONAL FRAMEWORK
FOR STUDENTS’ RIGHTS AND WELFARE

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

SECTION 1. Short Title—This Act shall be known as the “Students’ Rights and Welfare Act of
2014.”

SECTION 2. Declaration of Policy.— Pursuant to Article II (Decl

State Policies), Section 17 of the 1987 Philippine Constitution, which makes it an obligation of the

ration of Principles and

fate to prioritize education, science and technology, atts, culture and sports with the end of
fostering patriotism and nationalism, accelerating social progress, and promoting total human
liberation and development; to Article IIT (Bill of Rights) of the Constitution which guarantees
fundamental rights of every Filipino citizen; and in accordance with State obligations under
international agreements, including the International Convention on Civil and Political Rights,
International Convention on Exconomic and Sovial Rights, International Convention on the Rights of the Child,

Convention on the Elimination of All Forms of Discrimination Against Women, it is hereby declared a

policy of the State to protect and promote the welfare of Filipino students.
Pursuant to Article XIV (Education), Sections 1 and 5(1) of the Constitution, the State hereby
recognizes its obligation to protect and promote the right of all citizens to quality education at all
levels, shall take appropriate steps to make education accessible to all, and guarantees the

enjoyment of academic freedom in all institutions of higher learning


‘Towards this end, the State:

(@) Recognizes that education is a right and as such it can only be exercised and enjoyed fully
when tights and welfare of students and young Vilipinos are promoted and protected.

(©) Acknowledges that education is essential co the full participation of Filipinos in mation-
building. It is also essential in instilling nationalism, critical and creative thinking, and values
necessary to promote civil liberties, human rights, and fundamental freedoms.

(©) Affirms that students have the right to meaningful participation in decision-making processes
inside and outside educational institutions, especially in the crafting and formulation of
policies directly affecting them. The promotion of this right co participate is an integral part
of the nation’s democratic processes.

(@ Affirms that the fundamental right to expression of students shall be unabridged and

autonomous from the influences of educational institutions.

SECTION 3. Definition of terms.—As used in this ?

(@) “Schoo? refers to an institution for learning in all levels of education, regardless if privately or
publicly-operated. For purposes of this Act, the term shall include institutions for vocational
and technical education but excludes those institutions for enhanced basic education. A

school is comprised of the studentry, administration, faculty and non-faculty personnel.

(b) “Schoo! campus” refers to areas designated by school administration for use by students, which
shall include, but not be limited to, facilities, contiguous or proximate buildings and the

school grounds.

(© “Student” refers to any person enzolled in a particular school, as the latter is defined in

subparagraph (a) of this Section.

(@) “Governing board” refers to the highest policy-making body of the school such as a board of

directors, regents or trustees.

(©) “Student council? ox “student government” is the collective term to refer to the representatives of

students in a school or of students in different independent units in a school, like a college in


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a university, A designated student population annually elects members of the student council

of of the student government at large following election rules in the chaster of constitution

of the student council or the student government.

“Council of leaders? refers to a duly constituted body composed of the heads of all, of almost
all, of student organizations in a school, The chairperson or president of the student council
or student government, o any student duly elected by the members of the council of leaders,

shall preside over the council of leaders.
(© “Tuition fe? refers to amounts paid for the privilege to receive education in a school.
“Other school fees” refers to fees other than tuition fees, and includes library and athletic fees,

laboratory fees, entrance fees, National Service Training Programs fees, student council or

student government fees, graduation fees, medical and dental fees, and other similar fees.

ational institutions.—No student shall

SECTION 4, Right against discrimination in edu

be denied admis an educational institution, punished with disciplinary

ion or expelled from

action, given mandatory counseling, or denied welfare services, scholarships and other student

‘olely on the basis of physical handica

privileges s p, socio-economic status, political and religious

beliefs, sexual orientation, or membership in organizations.

SECTION 5. Right to competent instruction and accessible, quality, relevant
education.—Students have the tight t accessible, competent, holistic, quality and relevant
education that is essential ro personal development and to the development of the nation, The

performance of teachers shall be assessed by students through written evaluations at the end of

ch school tem, ‘The conduct of such assessments shall be the obligation of the school

administeation.

SECTION 6. Right to organize.—Uhe tight of students 10 form, assist or join organizations,

alliances, or federations shall not be abridged.

‘The student council or the student government and the council of leaders shall formulate

guidelines for the accreditation of student organizations, Such guidelines shall be implemented


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by the office of student affairs, in coordination with the student couneil or student government,

which shall adopt a mechanism to resolve issues that may be raised in the accreditation process.
‘The accreditation requirements shall not unduly restrict the right of students to organize and may
include submission of documentary requirements such as, but not limited to, a written

application for accteditation, a copy of the constitution and by-laws of the organization, a

general plan of action or list of activities, list of incumbent officers, and a list of members.
Accredited student organizations shall coordinate with the office of student affairs for on- and
off-campus activities. The school shall provide, free of charge, a hall or building within the

school campus where a student organization may establish its office or permanent meeting area

SECTION 7. Right to establis There shall be a

h a student council or government:

ed in every school, university or college, as the

student council or student government recogni

case may be.

(a) In schools, universities or colleges where there is no existing student council or student
government, the following procedure shall be followed in establishing the student council or

student government:

A constitution or charter of the student council or student government resulting from a

ntatives of unaffiliated

consultative process involving the council of leaders and repr

students shall be adopted. ‘The constitution or charter shall be formally adopted after its

ratification by at least two-thirds (2/3) of the designated student population. It shall contain
provisions on the structure, functions and responsibilities of the student council or student

government.

Every student council or student government shall have the right to determine its policies

and programs on student activities subject to the provisions its chaster or constitution and in

consonant with school rules and regulations: Provided, ‘That the latter does not infringe on

basic rights and freedoms of students

‘The election of the members or officers of the student council or the student government

shall be conducted by an independent commission on elections which shall ensure that such,


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elections are honest, orderly and peaceful. ‘he members of commission of elections shall be
chosen from a list of nominees from members of the council of leaders, The school
concerned shall ensure that the commission on elections has sufficient funds to carry out its

mandate.

(b) In schools, universities or colleges where there are existing student councils or student

governments, student representation shall still be lodged in the duly-elected student counei

or student governments,

‘The existing procedure for the election of members of student councils or student
governments shall be retained and enforced as long as it conforms to the provisions of this
‘Act. Otherwise, the existing procedure shall have wansitory effects until the designaced
student population has adopted a new charter or constitution consistent with the provisions
of this Act, Such adoption shall be among the priority activities of the existing student

council of student government.

A “student council or student government fe” may be collected from students to finance the operations
of the student council or student government, the amount of which shall be determined by the
student council or student government in consultation with the student body and should be
consistent with the student council or student government's general plan of action ot list of
activities for a specific term. The school administration shall facilitate the collection of the
student council or student government fee and shall turn over the collected amount to the
student council or student government within fifteen (15) days after the start of the semester of
school period. The student council or student government shall telease a financial report at the
end of its term. To take effect, a proposal to increase the student council or student government

fee shall require a vote of simple majority by the designated student population.

No policy restricting the right of student councils or student governments to join federations or

alliances of student councils shall be imposed by the school administration.

SECTION 8. Right to publish a student newspaper and other similar publications.—In
accordance with Republic Act No, 7079 or the “Campus Joumalism Adt of 1991,” students shall

have the right to publish a student newspaper and other similar publications.


‘The editorial staff of the student paper shall be comprised of students. The editorial staff will

have a faculty adviser who has the role of providing technical assistance.

The selection of the student editor-in-chief and the members of the editorial staff shall be
conducted annually through fair and competitive examinations to be administered by an
impartial board of judges, which shall be comprised of professional journalists, representatives

from the faculty, and students.

Ethics in journalism shall be observed by the editorial staff. It shall be the responsibility of the

editorial staff to ensure that the student paper is not used for purposes contsary to law.

Unless sooner removed for cause and with due process, the editor-in-chief and editorial staff

shall have security of tenure,

‘The student publication shall be financially autonomous from the school administration. A
“student publication fe” shall be collected from the students and shall be held in trust by the school
administration. No policy shall be imposed by the school administration to hamper the access of
the editorial staff to such fund, subject to existing school regulations in the disbursement of
funds, ‘The school administration shall also be prohibited from using such fund. At the end of

each term, the editorial board shall publish a financial statement.

SECTION 9. Right to adequate welfare services and academic facilities.—The school

administration shall endeavor to provide the following services:

(@) Health services for students with at least one (1) functioning clinic and a registered nurse to
provide basic care for common ailments;

(b) Legal assistance in cases involving the exercise and enjoyment of tights and freedoms
provided in this Act;

(©) Counseling;

(@) Adequate laboratory, library, research, recreation and physical education facilities;

(©) Bffective communications system to ensure that students are promptly notified and
informed;

() Adequate, safe and clean board and lodging facilities, such as dormitories, inside the school

campus. In case the school has no in-campus dormitories, the school administration and the

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student council or government shall be requited to accredit or recommend out-of-campus

dormitories where students are encouraged to stay.

SECTION 10. Representation in the school’s highest policy-making body.—Vhere shall
be a student representative in the governing board. The selection process for the student
representative will be formulated by the student council or student government, but adopted

through a referendum among the students.

The student representative shall have the same rights as the other members of the governing
board: Provided, That no monetary compensation shall be given to the student representative
except as reimbursement of actual and necessary expenses incurred in attending meetings and

representing the governing board.

SECTION 11. Right to information.—Uhe sight of students (© information on matters

affecting their welfare shall be recognized.

‘At the minimum, students shall have access to the following documents:

(a) Official school acts embodying school policies;

(&) The school’s annual budget information, including pertinent transactions; and

(©) Any other document that involves the rights and welfare of the students.

Any student who wishes to obtain information from the school administration shall simply

forward a written request through mail or electronic means to the school registrar.

SECTION 12. Right to freedom of expression—Students shall have the right to freely
express their views and opinions. They shall have the tight to peaceably assemble and petition
the government and school authorities for the redress of their grievances, No school regulation

shall be imposed violating or abridging the student's tight to assembly.

Students shall have access to print and broadcast media in their activities. They shall also have
the right to print, circulate and/or mount leaflets, newsletters, posters, wall news, petitions and
such other materials, School authorities shall ensure the provision of facilities such as bulletin

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SECTION 13. Academic freedom.—Students’ academic freedom shall consist of, bat not

limited to, the following rights:

To conduct reseatches in connection with academic work, and to freely discuss and publish

their findings and recommendations;

(b) To conduct inquiry within the campus in relation to curricular and extra-curricular activities;

(©) To choose a field of study and to pursue the quest for truth;

(@ To express their opinion on any subject or public or general concer which directly or
indirectly affects the students of the educational system;

(© To invite off-campus speakers ot resource persons to student-sponsored assemblies, forums,
symposia, and other similar activities;

() To express contrary interpretations or dissenting opinions inside and outside the classroom;

(g) To participate in the drafting of a new curriculum and in the review or revision of the old

through consultations and invitations in working groups;

(h) To participate in the process of revising the student handbook and school rules and
regulations. A copy of the existing student handbook will be given to students upon
admission to the school; and

(@ ‘To decide and choose actions according to personal and political beliefs, and be free from

the imposition of any thought, ideology ot principle,

SECTION 14, Rights on Academic Procedure.—

(a) Syllabus
‘A syllabus should clearly define and reflect the contents of the cutticulum. The course
syllabus shall be provided to students before the start of classes to ensure that students are
guided throughout the schoo! term

(b) Class requirements and measures for evaluation.
(1) Criteria for grading should be formal and appropriately quantified.

(2) Mere absences from scheduled classroom lectures should not be the sole basis for

grading: Provided, That a maximum number of absences shall be prescribed.


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(3) A student shall have the tight to do make-up work in the event that requirements were

not accomplished because of excusable inability to be physically present.

(©) Class performance.

Students have a tight to know their class performance data from submitted papers, quizzes,

Jong or short examinations and other similar class requirements.

(@) Consultations.

Members of the school fi

sulty shall have regular consultation hours and make themselves
available to discuss relevant student concerms. These hours should be made known to the

students at the beginning of the term

SECTION 15. Right to due process.—The right of student to due process shall be observed

and respected especially during disciplinary proceedings.

‘There shall be an independent student disciplinary board to be composed of one (1)
teptesentative from the school administration, two (2) faculty members and two (2) students:
Provided, ‘That the xeptesentatives from the faculty and the students shall have the written
endorsement of the student couneil or student government,

The board shall conduct investigations and decide student di following the

ciplinary cas.

adopted guidelines for the proceedings. ‘The representative from the administration shall sit in
the board for five (5) years, the representative from the faculty for three (3) years, and the

representative from the students for one (1) year

Blacklisting, expulsion, suspension and other such disciplinary sanctions that may be imposed
against an erring student shall be imposed only if the following rights have been observed and

accorded the student:

(a) To a hearing before the board, which includes the right to present one’s case and submit
evidence in support thereof;

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(©) To be defended by a representative or counsel of choice, adequate time being given for the
preparation of the defense;

(@) To have the decision rendered on the evidence presented at the hearing, or at least contained

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(6) To appeal adverse decisions of the student disciplinary board to the governing board and

in the record and disclosed to the parties aff

ultimately to the appropriate education agencies;

() Yo have the deciding body, in all controversial questions, render its decision in such a

manner that the issues involved, and the reasons for any decision rendered are made clear to
the student;
(@ To confidentiality; and

(b) Any other rights as afforded and guaranteed to an accused under the Constitution,

Subject to existing laws, a decision on a case filed before a student disciplinary board shall be

-solved within three (3) months after the filing of such a case or complaint.

‘The office of the guidance counselor of the concemed school, in consultation with the student
disciplinary board, shall publish on a periodic basis a list of acts that violate school rules and
regulations and their corresponding disciplinary sanctions: Pronided, that such rules and

regulations do not violate the rights guatanteed herein and under the Coniitution

SECTION 16. Right against illegal searches and seizures.Except for the following, any

other form of search and seizure shall be unreasonable and illegal:

(a) Searches made with a valid search warrant;

(b) Searches made at the point of ingre

ind egress by a person authorized by the school;

(6) Seizure of articles deemed illegal under existing laws falling in the plain view of duly
confiscating authority; and

(@) Searches and seizures made when the student is about to commit, is committing, ot has just

committed a crime or a serious infraction of school rules and regulations.

Articles seized in violation of this Section shall be deemed fruits of an unlawful search and

seizure and therefore cannot be used as evidence against the student in any disciplinary action.

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SECTION 17. Access to school records and issuance of official certificates Students

shall have access to their own school records, and have the right to be issued official certificates,
diplomas, copies of transcript of records, copies of grades, documents required as transfer
credentials, and other similar documents within thirty (30) days from the filing of a writen

request together with other reasonable requirements,

‘The school shall strictly maintain the cords.

confidentiality of all school ¥«

SECTION 18. Right to privacy. —The tight of students to the privacy of their communication
and cotrespondence is affirmed and shall remain inviolable. This right to privacy also extends to

the following:

@) ‘The public use of a student’s name or likeness;

(b) A student's private affairs, including seclusion or solitude;

(©) Personal circumstances, whether facts or otherwise, especially those which are, from the
point of view of the student, will cause him to be embarrassed when made public; and

(@) Those information which might put any person in false light and destroy good repute.

SECTION 19, Ban on firearms.—No person shall carry firearms or explosives in school
campuses except if such person has the necessary permit to carry such firearm issued by
appropriate government authotities by reason of his obligation to ensure peace and security of

the school campus, such as that of a member of the Philippine National Police.

SECTION 20. School fees and other tariffs—Contributions which do not pertain to the
tuition or other fees, as well as to other fees allowed to be collected in this Act, shall prima fasie be

considered unnecessary and shall be prohibited from being collected.

To comply with student requests for information as provided in Section 17 of this Act, schools
are prohibited from imposing fees beyond the actual cost of reproducing school records, official
certificates, copies of transcript of records, copies of grades, and other documents required as

transfer credentials.

No increase in the tuition fee or other school fees shall be allowed unless:

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@) A notice of increase specifying the particular fee to be increased is public announced and
posted in conspicuous locations a year prior before the proposed increase is planned to take
effect. The council of leaders and the student council or student government shall be directly
notified about the proposed increase.

(b) Ar least one (1) public meeting was held where students, the council of leaders, and the
student council or student government has an open discussion with the school
administration as regards the proposed increase. The head of the governing board shall be
present during this public meeting. Parents of students may be allowed to attend, The
conduct of the public meeting shall nor be interpreted as denying the students a continuous
consultation process as regards the proposed increase.

(©) All documents pertaining to the proposed increase is made available to the student council or
student government.

(@ The presentation of a counterproposal or position of the student to the governing board.

SECTION 21. Implementing rules and regulations —The Commission on Higher

Education, Technical Education and Skills Development Authority, Commission on Human

Rights, in coordination with the Department of Educations, together with the National Youth

Commission, representatives of national student organizations and representatives of school

administrations shall promulgate the necessary rules and regulations to implement the provisions

of the Act with ninety (90) days from the approval of this Act.

SECTION 22. Administrative bodies and remedies.—The CHED and TESDA are hereby
vested with powers necessary to investigate and impose administrative penalties to ensure the

enforcement of this Act. Any student, member of a student council or student gor

rnment, or a
national organization of student councils or student governments, or youth organization may file

and TESDA.

written complaints before the C

(@) Upon a finding that a school is guilty of violating rights guaranteed under this Act, either

CHED or TESDA, as the case may be, may cause the suspension or revocation of the
license or permit to operate of any school, college or university.

(b) The order of suspension or revocation of license or permit to operate may carry with it a fine
of not less than two hundred thousand Philippine pesos (PhP200,000.00) but not more than.

five hundged thousand Philippine pesos (PhP500,000.00).

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(©) If the person violating the provisions of this Act is a student or student organization, the
CHED or TESDA, may issue a recommendation for the suspension or expulsion of the

student or the suspension or revocation of the accreditation of the school organization,

SECTION 23. Penal Provisions.—Any petson who shall willfully interfere with, restrain or

coerce any student in the exercise and enjoyment of rights guaranteed by this Act shall, upon

conviction, be punished by imprisonment for not less than one (1) year but not more than five
(8) years, or a fine of not less than fifty thousand Philippine pesos (PhPS0,000.000) but not more

than one hundged thousand Philippine pesos, or both, at the discretion of the court.

If the offender is a juridical person, the penalty shall be imposed upon the president, treasurer,
secretary ot any officer or person responsible for the violation. If the offender is a public officer

ot employee, the Court shall, in addition to the penalties above, order his or her dismissal from

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snment service.

Refusal of any government official, including those working in state colleges and universities,
whose duty includes investigating ot acting on any complaint for a violation of this Act to
perform his or her duty shall be considered as gross negligence on the part of such official who

shall suffer the appropriate penalty under civil service laws, rules and regulations

Any student whose rights have been violated as stipulated in this Act may file independent civil
cases for damages against the offending persons, natural or juridical. He or she shall be exempt

from filing fees.

SECTION 24. Oversight Committee.—The CHED and ‘TESDA shall monitor the
implementation of this Act and shall submit an annual report of the results of its monitoring to

the Office of the President and to the Philippine Congress.

An Oversight Committee is hereby created composed of two (2) members each from the
Committee on Basic Education and ovo (2) members from the Committee on Higher Education
of the Senate and House of Representatives, to be constituted and co-chaired by the head of the
committees to evaluate and monitor the implementation of this Act. The Oversight Committee
shall automatically consider the reports of the concerned government agencies, student

organizations, and student councils and governments.

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SECTION 25. Separability Clause—If, for any reason, any part, section or provision of this
Act is held invalid or unconstitutional, the remaining provisions not affected thereby shall

continue to be in force and effect.

SECTION 26. Repealing Clause:

and regulations, and other issuances, or part or parts thereof, including inconsistent provisions of

All laws, decrees, executive orders, proclamations, rules

the Education Act of 1982, which axe inconsistent with the provisions of this Act, are hereby

repealed, amended or modified accordingly.

SECTION 27. Effectivity Clause—This Act shall take effect immediately after the completion

of its publication in the Official Gazette or at least two (2) newspapers of general circulation.

Approved,

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