SIXTEENTH CONGRESS OF THE REPUBLIC 
) 
OF THE PHILIPPINES 
) 
First Regular Session 
) 
'13 
SEP 26 P 3 :56 
SENATE 
S. No. 
1736 
Introduced by Senator Miriam Defensor Santiago 
EXPLANATORY NOTE 
The constitutionally protected freedoms of speech and of association are rights which are 
primarily exercised in institutions of higher learning. The youth, particularly students in colleges 
and universities, should be exposed to this right. However, the very institutions which should 
encourage the exercise of these rights are sometimes their main suppressors. 
This bill seeks to provide further safeguards for the exercise of the cherished 
constitutional rights of free speech !:Ind association by students in institutions of higher learning. 
by terminating government financial assistance to certain government funded programs or 
activities received by such educational institutions for violation of these rights.' 
Lw ... 4~.~,,- A,,~ 
MIRIAM DEF~SOR SA-?fTIAfO 
qf 
• This bill was originally filed during the Thirteenth Congress, First Regular Session. 


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SIXTEENTH CONGRESS OF THE REPUBLIC 
) 
OF THE PHILIPPINES 
) 
First Regular Session 
) 
'13 
SEP 26 P3 :56 
SENATE 
S. No. 1736 
Introduced by Senator Miriam Defensor Santiago 
AN ACT 
PROTECTING THE FREEDOM OF SPEECH AND OF ASSOCIATION OF 
STUDENTS A TTENDlNG INSTITUTIONS OF HIGHER EDUCATION 
Be it enacted by the Senate and the House of Representatives of the Philippines in 
Congress assembled: 
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SECTION 1. Short Title. - This Act may be cited as the "Freedom of Speech and of 
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Association on Campus Act." 
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SECTION 2. Declaration of Policy. - It is the policy of the State to protect the speech 
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and association rights of students attending institutions of higher education. Toward this end, the 
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government shall ensure, within the context of a free and democratic system, the promotion of 
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the right of every student in the exercise of their freedom of speech and association regardless of 
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sex, age, creed, socio-economic status, physical and mental conditions, racial or ethnic origin, 
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political or other affiliation. 
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SECTION 3. Definition afTerms. - For the purposes of this Act, the term: 
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(A) 
"Secretary" means the Secretary of Education. 
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(B) 
"Institution of higher education" means institutions offering tertiary degree 
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programs and post secondary programs. 
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(C) 
"Tertiary degree programs" refer to courses of study leading to an initial or higher 
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bachelor's degree, as weI! as formal graduate studies leading to masteral, doctoral or similar 
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degrees. It also includes courses of study which by themselves may be only for one-, two-, or 
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three-year courses of study leading to less than a bachelor's degree program, but which can 
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subsequently be credited in full bachelor's degrees. 


, 
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(D) 
"Post-secondary programs" refer to courses of study which cannot be credited 
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towards a bachelor's degree but which require the possession of a high school diploma for 
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admission, which are terminal in nature, and which are general for obtaining technical and 
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vocational skills. 
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(E) 
"Protected speech" means speech that is protected under the 1987 Constitution. 
(F) 
"Protected association" means the right to join, assemble, and reside with others 
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that is protected under the 1987 Constitution. 
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(G) 
"Official sanction" (a) means expulsion, suspension, probation, censure, 
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condemnation, reprimand, or any other disciplinary, coercive, or adverse action taken by an 
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institution of higher education or administrative unit of the institution; and (b) includes an oral or 
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written warning made by an official of an institution of higher education acting in his official 
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capacity. 
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(H) 
"Student" means those enrolled in and who regularly attend an educational 
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institution of higher level of a person engaged in formal study. 
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SECTION 4. Protection o/Student Speech and Association Rights. - No student attending 
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an institution of higher education on a full or part-time basis shall, on the basis of protected 
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speech and association, be excluded from participation in, be denied the benefits of, or be 
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subjected to discrimination or official sanction under any educational program, activity, or 
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division directly or indirectly receiving financial assistance by the state, whether or not such 
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program, activity, or division is sponsored or officially sanctioned by the institution. 
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SECTION 5. Sanctions. -
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(A) 
In General. - No funds shall be made available to an educational program, 
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activity or division of any institution of higher education that the Secretary finds, after notice and 
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opportunity for a hearing, has violated any provision of this Act. 
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(B) 
Inapplicability to Student Assistance. - Paragraph (A) shall not apply to any funds 
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that are provided under this Act for student financial assistance. 
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(C) 
Exception to Sanctions. - This section shall not apply to an institution of higher 
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education that is controlled by a religious or military organization, if the speech or association is 
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not consistent with the religious teaching or military training of the institution. 
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(D) 
Sanctions for Disruption Permitted. - Nothing in this Act shall be construed to 
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prevent the imposition of an official sanction on a student that has willfully participated in the 
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disruption or attempted disruption of a lecture, class speech, presentation, or performance made 
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or scheduled to be made under the auspices of the institution of higher education. 
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SECTION 6. Separability Clause. - If any provision or part hereof is held invalid or 
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unconstitutional, the remainder of the law of the provision not otherwise affected shall remain 
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valid and subsisting. 
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SECTION 7. Repealing Clause. - Any law, presidential decree or issuance, executive 
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order, letter of instruction, administrative order, rule, or regulation contrary to or inconsistent 
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with the provisions of this Act is hereby repealed, modified, or amended accordingly. 
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SECTION 8. Effectivity Clause. - Act shall take effect fifteen (15) days after its 
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publication in at least twi> (2) newspaper of general circulation. 
Approved, 
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