Republic of the Philippines
HOUSE OF REPRESENTATIVES,
Quezon City

FIFTEENTH CONGRESS
Second Regular Session

5272

House Bill No.

Introduced by Representatives
DIOSDADO MACAPAGAL ARROYO and GLORIA MACAPAGAL ARROYO

AN ACT
PROVIDING FOR A MAGNA CARTA FOR STUDENTS.

EXPLANATORY NOTE

Article XIII (1) of the International Covenant on Economic, Social and
Cultural Rights provides that:

"The State-Parties to the present Covenant recognize the right of
everyone to education. They agree that education shall be directed to the full
development of the human personality and the sense of its dignity, and shall
strengthen the respect for human rights and fundamental freedoms. They further
agree that education shall enable all persons to participate effectively in a free
society, promote understanding, tolerance and friendship among all nations and
all racial, ethnic or religious groups, and further the activities of the United
Nations for the maintenance of peace. “

Likewise, Section 13, Article 11 of the 1987 Constitution provides that:

"The State shall recognize tne 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 such international covenant and
provisions from our Constitution, the proposed bili on the Magna Carta for


Students seeks to recognize, protect and promote the right of students: (1) to
admission and quality education; (2) to organize among themselves; (3) to
participate in school policy-making; (4) to free expression and information; (5) to
academic freedom; and (6) to due process in disciplinary proceedings, among
others.

The primary intent of this proposed measure is to set forth in unequivocal
terms, the rights and responsibilities of the student youth from the secondary
level to the post-secondary and tertiary levels of education, including vocational
and technical education. It likewise complements other pro-youth laws that have
been enacted in the past such as RA No. 7160, otherwise known as the "Local
Government Code of 1991" which provides for youth decision-making in the
Sangguniang Kabataan and their ex-officio memberships in all local government
Sanggunians; RA No. 6644 which lowers the age requirement for local elective
officials; RA No. 6809 which emancipates the youth at the age of 18; RA No.
7079 for the Campus Journalism Act; and RA No. 8044 which creates the
National Youth Commission (NYC)

This proposed measure’s far reaching significance cannot be undermined
and its enactment will be a testament to the profound reality that the future
leaders of this nation will definitely come from the ranks of our dynamic,
progressive and nationalistic students.

In view of the foregoing, the immediate passage of this bill is earnestly
requested,

DIOSDADO MACAPAGAL ARROYO GLORIA MACAPAGAL ARROYO
Second District, Camarines Sur Second District, Pampanga

we


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

FIFTEENTH CONGRESS
Second Regular Session

House Bill No.__ 527.2

Introduced by Representatives
DIOSDADO MACAPAGAL ARROYO and GLORIA MACAPAGAL ARROYO

AN ACT
PROVIDING FOR A MAGNA CARTA FOR STUDENTS

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 "Magna Carta for
Students Act of 2011.”

CHAPTER 1
GENERAL PRINCIPLES

SECTION 2. Declaration of Policy and Guiding Principles. — It is hereby
declared to be the policy of the State to promote and protect the rights of
students to enable them to participate actively and effectively in the democratic
processes of effecting progress and development changes in society

The following shall be the basic guiding principles:
a) The educational system being the principal institutional mechanism for

imparting knowledge and developing talents and skills shall be given
priority attention and support by the government:


b) Education is a right and not a mere privilege. It is therefore the
responsibility of the State to provide quality education for all Filipinos
accessible at all levels.

¢) Student organizations shall promote intellectual development and
dynamism among students and enhance democratic processes.
Membership and active participation in student organizations, alliances
and federations which promote and protect students’ rights and welfare
and/or contribute to national development shall be guaranteed by the
State and school authorities.

d) Student organizations shall not be subject to rules and regulations that
unduly hamper their activities and are prejudicial to their objectives and
interests. In the same manner, school authorities shall promote avenues
and means whereby students can express their stand and position on
certain policies passed by the school

e) Student councils/governments being the most palpable representation
of the studentry and the highest expression of the formulation of student
power on campus shall have the right to participate in the formulation of
school policies affecting students

f) Student publications shall serve as the principal medium for free
expression, dissemination of information and interaction among the
different sectors of the academic community.

g) The promotion and protection of students’ democratic rights shall make
them a potent and cogent force in the country's nationalist social
transformation.

SECTION 3. Definition of Terms. — As used in this Act, the following terms
shall mean:

a) “Student” — any person enrolled in and regularly attending school in the
secondary, post secondary, graduate and post graduate levels including
vocational and technical education.

b) “School” ~ any private, public or government-run and funded academic
educational institution offering any or all courses in the abovementioned
levels

¢) "School Campus" - the totality of all contiguous or proximate buildings,
grounds and other facilities designated by the school as areas or facilities
for the use of its-students.


) “Governing Board” — the highest policy making body of the school
composed of Board of Directors, Trustees and Regents.

e) “Student Council/Government’ — the body representing the whole
student population in one school or school campus whose officers are
annually elected at large by the whole student population pursuant to its
Constitution and By-Laws, if any.

f) “Council of Leaders” — the body composed of the heads of various
student organizations chaired by the President/Chairman of the Student
Council/Government.

g) “Student Organization” — an association or group of students bound by
common ideals, principles, visions and interests and working towards
achieving and realizing their goals and aspirations.

h) “Student Publications” — publications managed and published by
students which are autonomous and -independent -from other sectors of
‘the school.

i) “Tuition Fee” — the fee representing direct costs of instruction, training
and other academically-related activities, and the use of school facilities.
The term ‘other school fees’ refers to fees which cover other necessary
costs directly -supportive of instruction, including but not limited to medical
and dental, athletic, library, laboratory, and Citizens Army Training (CAT)
or Citizens Military Training (CMT) fees

CHAPTER 2
RIGHT TO ADMISSION AND QUALITY EDUCATION

SECTION 4. Admission Subject to No Other Restraint. — Subject to fair,
reasonable and equitable admission requirements, no student shall be denied
admission on account of his/her physical handicap, socio-economic. status,
political or religious beliefs or membership in student organizations nor shall
pregnant student and reformed drug users be discriminated against.

Failure of or refusal by a student to sign waiver documents prepared by
the school administration shall not constitute a ground for his/her non-admission.

A student shall have the right to freely choose his/her field of study subject
to existing curricula and to continue his/her course up to graduation except in
cases of academic deficiency or violation of disciplinary regulations which do not
infringe upon the exercise of student's rights.

we


SECTION 5. Right to Competent Instruction and Relevant Quality
Education. — Every student shall have the right to competent instruction and
quality education relevant to his/her personal and cultural development and that
of the nation.

There shall be at least one student representative in the body or
committee which screens incoming faculty members. He/She or they shall be
regularly elected and endorsed by the Student Council to the school official
authorized to appoint members of the screening body or committees.

Students shall have the right to make a written evaluation of the
performance of their teachers at the middle and toward the end of the school
semester/trimester.

SECTION 6. Right to Adequate Welfare Services and Academic Facilities.
— It shall be the responsibility of the school administration to provide students
with adequate welfare services and academic facilities.

School authorities shall provide free annual physical check-up to students
It shall be the responsibility of the school authorities to provide students with
adequate laboratory, library, research, recreation and physical education
facilities.

It shall be the responsibility of the school administration to promptly notify
students concerned of letters and other communications it receives in behalf of
students.

CHAPTER 3
RIGHT TO ORGANIZE

SECTION 7. Right to Organize Among Themselves. — Unity and collective
effort being fundamental to the realization of common goals and the promotion
and protection of common interests, the State hereby recognizes the right of the
students to organize among themselves.

The right of students to form, assist or join any campus organization,
association, alliance or federation for their physical, intellectual, moral, cultural,
civic, spiritual and political interests shall not be abridged. Pursuant thereto, the
practice of making students sign waiver documents which state that they are not
members of and will not join as specified organization before being allowed to
enroll is hereby prohibited.

SECTION 8. Student Council/Government. - The State shall ensure the
democratic and autonomous existence of a Student Council/Government for


each school campus which shall be given recommendation by the schools,
colleges and universities concerned. It shall have its own set of officers chosen
from among the students during the annual elections. Every Student
Council/Government shall have the right to determine its policies and programs
on student activities subject to its duly ratified Charter or Constitution

SECTION 9. Student Council Charter/Constitution. — The provisions of the
Student Government Charter or Constitution shall be determined by the
members of the Student Counci/Government to be ratified by the majority of the
entire student population of the concerned school.

SECTION 10. Accreditation and Granting of Privileges to Student
Organizations. - No unreasonable requirement shall be imposed on student
organizations seeking recognition.

There shall be an Accreditation Board on Campus Organizations that shall
take charge of the accreditation of all the student organizations in the school
campus. It shall be composed of one (1) representative from a student
organization duly elected by the heads of all accredited student organizations in
the school, and one (1) representative each from the Student
Council/Government, school administration and faculty association. The Board
shall form part of the Student Affairs Department of the school.

There shall be no discrimination in the assignment of school facilities and
the granting of other privileges to student organizations. The school
administration shall provide, free of charge, a space, hall or building to house the
offices of the different student organizations within the school campus.

Excessive charges for the use of school facilities shall be prohibited.
Whenever possible, the school administration shall allow organizations to use
school facilities free of charge.

SECTION 11. Formation of the Commission on Elections (COMELEC). —
There is hereby created a Commission on Elections which shall conduct and
oversee the election of officers of the Student Council/Government. The Student
Affairs Office shall choose the members of the COMELEC from among the list of
nominees recommended by the Student Council/Government.

Once constituted, the COMELEC shall be independent and autonomous
from any sector of the school and shall ensure the conduct of clean, honest and
peaceful elections. The school must provide the COMELEC sufficient funds to
ensure the success of its goals and objectives.

SECTION 12. Prohibition Against the Use of Force, Violence or
Intimidation on Members and Exaction of Excessive Fees by Student
Organizations. — All campus organizations are hereby prohibited from using any


form of physical or mental force, violence, threat or intimidation in the
recruitment, initiation, or retention and in the conduct of activities of members. All
campus organizations are hereby prohibited from exacting excessive fees from
its members.

CHAPTER 4
RIGHT TO PARTICIPATE IN POLICY MAKING

SECTION 13. Participation in Policy-Making Process. — As far as
practicable and consistent with the school's incorporation articles, there shall be
a student representative in the governing board and other policy-formulating
bodies of the school which affect the students’ welfare

The Chairman of the Student Council/Government or any designated
representative chosen by the said body shall have the same rights as those of a
regular. member. Provided, that his/her privileges shall be limited to
reimbursements for actual expenses incurred in attending meetings.

Representatives of national student organizations shall actively participate
in the formulation of national policies affecting students’ rights and welfare.

SECTION 14. Students’ Initiative and Referendum. - The Student
Council/Government through a majority vote of its members shall have the right
to initiate the formulation, modification or rejection of a school policy affecting the
students. The proposition for the formulation, modification or rejection of a
school policy affecting the studentry shall be submitted to and approved by a
majority of the votes cast by all the bonafidé students of the school in a
referendum called for the purpose. Provided, however, that the following areas
shall be excluded from the power of students on initiative and referendum: (a)
curriculum; (b) faculty recruitment and tenure; and (c) tuition and other fees.

SECTION 15. Right to File an Appeal. - The Student Council/Government
through a majority of vote of all its members may file a motion for reconsideration
‘on any decision of any policy-making body subordinate to the governing board.
The Student Council/Government through a majority of vote of all its members
may file an appeal on a decision of any policy making body subordinate to the
governing board. Such appeal shall be filed with the governing board

In cases, where decisions are rendered unfavorably against the students,
the Student Council/Government may file an appeal with the Department of
Education (DepEd), the Technical Education and Skills Development Authority
(TESDA), and/or the Commission on Higher Education (CHED), in so far as the
secondary, post-secondary technical vocation and tertiary students, respectively,
are concerned


All motions for reconsideration and appeals referred to in the previous
paragraph must be filed within thirty (30) calendar days from the date of notice of
decision.

SECTION 16. On the Matter of Schoo! Fees. — Within thirty (30) days from
the start of the school year, the governing board of every school shall create a
body to be known as the School Fee Board which shall study, conduct
consultations and thereafter, recommend tuition and other school fee increases
The body shall be composed of an equal number of representatives from the
administration faculty, non-teaching staff, parents and students. These
representatives shall choose a chairman from among themselves and each
sector shalll possess a voting right.

The School Fee Board shall be independent of and supreme over the
governing board in deliberating and making decisions on tuition and fees.

In justifying any tuition and/or other school fee increases before the
School Fee Board, the school concerned shalll be required to present the school's
financial statement for the past school year immediately preceding the proposal
for such increase. Refusal of the school administration to show its books and
records for inspection by the School Fee Board shall mean an automatic denial
of its proposal for increase.

In the event the decision of the School Fee Board is not favorably acted
upon by the school governing board, the latter's decision may be appealed to the
appropriate education agencies within thirty (30) days from the date of decision
by any affected member of the school community.

For the purpose of this section, “CONSULTATION” shall mean that there
is a consensus reached by the members of the School Fee Board in regard to
the proposed tuition and/or school fee increase. In case of failure of members of
the School Fee Board to arrive at an agreement, the alumni association of the
school or any impartial body shall act as an arbiter. No tuition and/or school fee
increase shall take effect without any consensus. “Consultation” shall also
include the dissemination of adequate information relative to tuition and other
school fees. The holdings of meetings and hearings as may be necessary to
ventilate the tuition and other fee issues.

No tuition and/or . other: school increase shall take effect unless the
students and parents have been informed of the said increase one hundred
twenty (120) days before the school year seminar or term in which the increase is
to be effected


CHAPTER 5
RIGHT TO FREE EXPRESSION AND INFORMATION
AND RIGHT TO ACADEMIC FREEDOM

SECTION 17. Right to be Informed. — The right of the students to
information on matters affecting welfare shall be recognized. Access to official
records and other pertinent documents pertaining to official acts, transactions or
decisions shall be afforded the students subject only to reasonable regulations
that may be imposed such as time for examining the documents and other
papers to prevent loss or damage of the same.

SECTION 18. Freedom of Expression. ~ Subject to existing laws, students
shall have the right to reply to freely express their views and opinion. They shall
have the right to peaceably assemble and petition the government and school
authorities for the redress of their grievances.

Students shall have the right to print, circulate and/or mount leaflets,
newsletters, posters, wall news, petitions and such other materials. Pursuant
thereto, the school authorities shall ensure the provision of facilities such as
bulletin boards for the mounting of the aforementioned materials.

School authorities may designate a certain area on every campus as a
freedom park where students can freely discuss issues affecting them

SECTION 19. Student Publications. — Students shall have the right to
publish student newspapers and other similar publications, print in their pages
materials which they deem in pursuance of their academic freedom of expression
in accordance with Republic Act No. 7079, otherwise known as the “Campus
Journalism Act of 1991". Pursuant thereto no individual who is not a staff
member of the student publication shall determine its content.

The role of a faculty adviser in student newspaper shall be limited to
technical guidance

The selection of the student editor-in-chief and his/her staff shall be made
by annual competitive examinations to be administered by an impartial Board of
Judges. The Board of Judges, which shall include at least one staff member,
shall be appointed by the head of the guidance counseling office or the student
affairs office from a list of nominees submitted by the existing editorial staff.

The editorial staff shall observe the ethics of professional journalism. It
shall be assured of security of tenure in the course of its prescribed term.

SECTION 20. Academic Freedom. - Students’ academic freedom shall
consist of; but not limited to; the following rights:


a) to conduct researches in connection with academic work, and to freely
discuss and publish their findings and recommendations;

b) to conduct inquiry within the campus in curricular and extracurricular
activities;

¢) to choose a field of study and to pursue the quest for truth;

d) to express their opinion on any subject of public or general concern
which affects the students or the educational system;

@) to invite off-campus speakers or resource persons to student-
sponsored assembles, fora, symposia, and other activities of similar
nature;

f) 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 curriculum;

h) to participate in the drafting and/or revision of the student handbook
which shall include the school rules and regulations, a copy of which shall
be furnished to the students upon admission to the school; and

i) To be free from any form of indoctrination leading to impose ideological
homogeneity.

CHAPTER 6
RIGHT TO DUE PROCESS IN DISCIPLINARY PROCEEDINGS

SECTION 21. Right to Due Process. -

a) A student subject to disciplinary proceedings shall have the right to
defend himself/herself, to be heard and to present evidence on his/her
behalf before an impartial body. There shall be a Student Disciplinary
Board to be composed of one (1) representative from the school
administration, two (2) faculty members and two (2) students to conduct
investigations into and decide on cases of student violations of disciplinary
standards.


b) The blacklisting, expulsion, suspension and other disciplinary sanction
that may be taken against a student shall not be valid unless the following
rights have been observed and accorded a student:

1. the right to be informed in writing of the nature and cause of the
accusation against him;

2. the right to confront witnesses against him and to full access to
the evidence in the case;

3. the right to defend himself/herself and to be defended by a
representative or counsel of his choice, adequate time being given
him for the preparation of his defense;

4. the right to a hearing before the Student Disciplinary Board;
5. the right against self incrimination; and

6. The right to appeal adverse decisions of the Disciplinary Board to
the governing board and ultimately to the appropriate agencies of
the government.

¢) The decision in any disciplinary proceeding must be rendered on the
basis of relevant and substantial evidence presented at the hearing, or at
least contained in the record and disclosed to the student affected.

The deciding body must act on its own independent consideration of the
facts of the case. The body, shall, in all controversial questions, render its
decision in such a manner that the issues involved and the reasons for
any decision are made clear to the student.

d) Disciplinary sanctions shall be corrective rather than punitive or penal in
nature. The gravity of disciplinary sanctions must be proportionate to the
seriousness of the violation committed.

The Office of the Guidance Counselor or any office dealing with student
discipline of the respective schools shall publish on a periodic basis acts
which are deemed violative of school rules and regulations and the
corresponding disciplinary sanctions: Provided, That such rules and
regulations do not violate the rights guaranteed here and under the
Constitution.

CHAPTER 7
OTHER RIGHTS.


SECTION 22. Right Against Unreasonable Searches and Seizures. —
Every student shall be free from any form of unreasonable search and seizure.
Except for the following instances no search or seizure of a student shall be
deemed valid:

a) Searches made at the point of ingress and egress by authorized
personnel of the school;

b) Searches and seizure of illegal article or articles falling in the plain view
of duly authorized personnel;

c) Searches and seizure of articles that are illegal, discovered
inadvertently by duly authorized personnel;

d) Searches made when the student is about to commit, is committing or
has just committed a crime or a serious infraction of the school's rules and
regulations; and

e) Searches made with a valid search warrant.

Articles seized in violation of the hereinabove provided rights shall not be
used as evidence against the student in any disciplinary action that maybe
brought against him/her.

SECTION 23. Access to School Records and Issuance of Official
Certificate. — Subject to the provision of the following section, every student shall
have access to his/her own school records, the confidentiality of which the school
shall maintain. He/She shall have the right to be issued official certificates,
diplomas, transcript of records, grades, transfer credentials and other similar
documents within thirty (30) days from the filing of request and accomplishment
of all pertinent requirements.

SECTION 24. Unpaid Tuition Fees and Examinations. — No student shall
be prohibited from taking a periodic or final examination because of unpaid tuition
and other school fees not exceeding two (2) installments under the established
terms of payment prescribed by the school concerned and approved by the
appropriate government agency.

The students with delinquent fees permitted to take an examination shall
nevertheless be subject to the right of the school concerned to withhold the
release or issuance to these students their school records or of the documents
mentioned in the preceding section or to deny these students admission at the
succeeding semester, term, or year until the prior delinquencies are fully paid.


SECTION 25. Security of Tenure. — It shall be the right of students to
finish their entire courses of study in a given school, except in cases of academic
deficiency or violation of disciplinary regulations.

In cases wherein the school authorities refuse to allow a student to enroll
for the subsequent semester/term or year due to the causes hereinabove stated,
the student may appeal such ruling to the appropriate education agency.

SECTION 26. Prohibition Against Involuntary Contribution. — Except those
approved by their student organizations, all involuntary contributions shall be
prohibited.

SECTION 27. Collection of Student Paper and Student Council Fees. —
The school administration shall assist the Student Publications and Student
Council/Government by facilitating the collection of the Student Publications and
Student Council/Government fees from the students. The student's paper fees
shall be held in trust for their unhampered use in the publication of the student
paper. The full amount of Student Council/Government fees shall be turned over
to the Student council after thirty (30) days, from the last day of registration at the
start of every school year. Thereupon, the Student Council/Government shall be
accountable to the student body for such funds and subject to
‘semestral/trimestral audit by the Student Affairs of the school.

SECTION 28. Privacy of Communication. — The privacy of communication
and correspondence among students shall remain inviolable

SECTION 29. Scholarship Grants and Privileges. — Opposition to school
policies inimical to student's interests shall not be a ground for denying or
withdrawing scholarship grants and privileges to deserving students.

SECTION 30. Right to Adequate and Safe Housing/Dormitory Facilities. -
The State and the respective school authorities shall endeavor to provide the
students adequate, safe and clean housing facilities.

SECTION 31. Guarantee of Demilitarized School Campuses. - Except in
cases of national or local emergencies, such as war, natural calamities or if the
prevailing situation so requires, military detachments may not be installed or
maintained in a campus. Military elements and/or policemen in uniform or in
plain clothes and school security forces shall not interfere with student activities,
particularly peaceful mass action, inside the school campus.

SECTION 32. Firearms Ban. — Students shall not be allowed to carry
firearms inside the school campus.

They shall be required to deposit such firearms with the school security
force prior to their entrance to the premises.


CHAPTER 8
RESPONSIBILITIES OF THE STUDENTS

SECTION 33. Student Responsibilities. — Student shall have the following
responsibilities:

a) To develop their potentials to the utmost level in order that they may be
of service to their families and society;

b) To strive for academic excellence and to abide by their school rules and
regulations pertaining to their academic responsibilities;

c) To exert utmost efforts towards the realization of the harmonious
relationship with the rest of the academic community;

d) To participate actively in school activities including athletics and civic
affairs for the development of the community and the nation;

e) To uphold, preserve and maintain the good name of their alma mater;
and

f) To exercise the abovementioned rights responsively.

CHAPTER 9
FINAL PROVISIONS

SECTION 34. Rules and Regulations. — Within ninety (90) days from the
approval of this Act, the Department of Education (DepEd) and Commission on
Higher Education (CHED) in collaboration with the representatives of national
student organizations, representatives of school administrations and the National
Youth Commission (NYC) shall promulgate the necessary rules and regulations
to implement the provisions of this Act.

SECTION 35. Administrative Powers. — Tne Department of Education
shall create a multi-sectoral body composed of representatives from this
Department, the school's administration and the student body to monitor the
different school campuses to ensure that the student rights are protected. When
there is a final finding of the school’s willful and repetitious infringement of
student's right, the body shall recommend to the proper agency of the DepEd
measures appropriate to the situation including, when necessary, the suspension
or cancellation of its license or permit to operate the school.


SECTION 36. Separability Clause. — If any provision of this Act is declared
invalid, the remainder thereof not affected thereby shall continue to be in full
force and effect.

SECTION 37. Repealing Clause. — All laws, decrees, order, rules and
regulations or other issuances or parts thereof inconsistent with the provisions of
this Act are hereby repealed or modified accordingly.

SECTION 38. Effectivity. - This Act shall take effect fifteen (15) days
following its publication in at least two (2) newspapers of general circulation

Approved,