Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

FIFTEENTH CONGRESS
First Regular Session

House BillNo.__ 28.12

Introduced by Rep. Eulogio “Amang” R. Magsaysay

EXPLANATORY NOTE

The 1987 Philippine Constitution, in Section 1 of Article 14 provides that:
“The State shall protect and promote the right of all citizens to quality education
at ail levels and shall take appropriate steps to make such education accessible
to all’. Further, Section 2(1) of the same article provides that the State shall
establish and maintain a system of free public education in the elementary and
high school levels.

Our education system claims of providing “free education” to students
enrolled in all public elementary and secondary schools, free from payment of:
tuition and other school fees. Aside from the Parents-Teachers Association
(PTA) fee, there are, however, other contributions that public schools are
authorized to collect from the students. These include fees considered not
covered by “tuition fee” and “other school fees” provided for by the “free public
basic education”.

The Department of Education (DepEd) orders the collection of such
contributions “only on voluntary basis”, and that “non-payment to these fees shall
not in any case be a bar to the enrollment or graduation of any student”. In many
instances, the non-payment of such collection by a big number of students gives
certain troubles on the part of the school administration forcing them to limit the
implementation of some initiatives, or not at all, that may significantly affect the
academic advancement of the students. On the other hand, the students,
realizing that their non-payment is the cause of such trouble, find themselves
uncomfortable going or staying in school, thus resulting to absences, worse, to
drop-out.

For parents who opted to send their children in public schools due to
financial constraints or difficulties of their families, the collection of such school
contributions has definitely caused them worries. Imposed upon them, and
realizing the consequences of its non-payment, especially to their children, the
parents more than anybody else carry such compelling reasons to pay it or to
have it paid. At many times every school year they are being bothered how to
pay their children’s contributions such as school publication fee and student
organizations’ fee. Adding to these is the fee due for PTA where they themselves
are members.

Such predicament weakens our battle for EFA — Education for All. How
can we achieve that ultimate aim of improving the quality of basic education for
every Filipino if there are such obstacles for his/her enrolment or continued
schooling? Something has to be done.


This bill reconsiders the present provision of our free public basic
education. It seeks to prescribe certain guidelines that will apply on such
collection of contributions in public elementary and secondary schools,
delineating which fees are free and which are not, specifying conditions for
collection and/or payment of the latter.

In view of the foregoing, immediate approval of this bill is earnestly sought.

Qy./

EULOGIO “AMANG” R. MAGSAYSAY


FIFTEENTH CONGRESS OF THE )
REPUBLIC OF THE PHILIPPINES )
First Regular Session )

House of Representatives

House Bill No._2812

Introduced by Rep. Eulogio “Amang” R. Magsaysay

PRESCRIBING CERTAIN GUIDELINES ‘ON COLLECTION OF SCHOOL
CONTRIBUTIONS FROM PUBLIC ELEMENTARY AND HIGH SCHOOL
STUDENTS, EXPANDING THE PROVISION OF FREE PUBLIC BASIC
EDUCATION THEREOF, APPROPRIATING FUNDS THEREFOR, AND FOR
OTHER PURPOSES

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

SECTION 1. Declaration of Policy. It is hereby declared policy of the

State to establish and maintain a system of free public education in the
elementary and high school levels

SECTION 2. Inclusion of Certain School Contributions Under the

Provision of Free Public Education. The following contributions which are
currently authorized to be collected by the Department of Education (DepEd) are
hereby included under the provision of free education in all public elementary and
secondary schools nationwide:

a) Computer fee, test paper fee, and other similar fees representing
direct costs of instruction, training and other related activities, and for
the students’ use of the instruction and other training facilities are
classified hereto as “tuition fees”;

b) Fees pertaining to school publication, student organizations, sports
development and/or athletic support, Student Technology and
Entrepreneurship of the Philippines (STEP), membership in the Boy
Scout of the Philippines/Girl Scout of the Philippines (BSP/GSP), and

the likes covering the other necessary costs supportive of instruction

are considered hereto as “other school fees”;
4


c) Identification (ID) Cards shall be provided to students at no cost on
their part, as the school administration shall fund these from its
Maintenance and Other Operating Expenses (MOOE).

SECTION 3. Other Authorized Collections Remain but on Voluntary
Basis. For the ultimate reason of promoting the values of social awareness and
involvement among students, school contributions intended to support national
initiatives for charitable or civic cause such as Red Cross, Anti-TB Fund and
Alay-Lakad, may be collected by any public elementary or secondary school.
Provided, however, that it shall involve only a very minimal amount, duly
endorsed or authorized by the Department of Education (DepEd), and only on
voluntary basis.

SECTION 4. PTA Contribution. Contribution due to the school’s Parents-
Teachers Association (PTA) continues as allowable collection: Provided, that the
amount of contribution for the current school-year shall be: a) caused only after
presenting the Financial Report on the previous school-year’s collections; b)
determined based on the current financial status of the PTA Fund vis-a-vis the
actual plan of incoming projects and other undertakings; and c) agreed upon in a
general assembly of the PTA where two-third (2/3) of its total members are
present during the meeting. Provided, further, that the collection of such agreed
amount shall be purely voluntary, where payment can be made on installment
basis.

SECTION 5. Appropriation. — The President is hereby authorized to
realign or transfer any item of appropriation within the Department of Education,
and/or utilize any savings therein to carry out the purposes of this Act. Whatever
additional amount as may be needed for its implementation shall be included in
the General Appropriations Acts for the ensuing fiscal years. Income from income
generating assets and resources of government-owned and controlled

corporations may be utilized for this purpose.


SECTION 6. Implementing Guidelines. — Upon promulgation of this Act,
the Department of Education (DepED) shall issue the necessary guidelines to
carry out the provisions of this Act.

SECTION 7. Separability Clause. The provisions of this Act are hereby
declared to be separable, and in the event any part, section or provision of this
Act is held invalid or unconstitutional, no other part, section or provision thereof
shall be affected thereby.

SECTION 8. Repealing Clause. All laws, parts of laws, executive orders,
ordinances, rules and regulations which are inconsistent with the provisions of
this Act are hereby repealed, amended or modified accordingly.

SECTION 9. Effectivity. This Act shall take effect fifteen (15) days
following the completion of its publication in the Official Gazette or in a national

newspaper of general circulation.

Approved,