Republic of the Philippines
HOUSE OF REPRESENTATIVES j
Quezon City LAT BAUD 5 2022 8)

00m

NINETEENTH CONGRESS
First Regular Session

1151

HOUSE BILL NO.

Introduced by KABATAAN PARTY-LIST Representative Raoul Daniel A. Manuel

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

EXPLANATORY NOTE

Atticies 11, 12, and 13 of the Intemational 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 of living. 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, peace 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
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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 all.

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 II Sections 13 and 17 of the 1987 Constitution states, “The State recognizes the vital
Tole 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

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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
itrespective 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.

{t 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 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

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» 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 conceming 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 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 'earning—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 Heaith 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
Tesources at global. national and local levels".° These include but are not limited to social exclusion,

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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 schoo! 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.

't 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 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 faclities 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
femains a coricemn 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 concein 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 anc boarding houses, or lack thereof, that students have to live with, and the inadequacy
ang quality cf 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 Repubtic 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 healin 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

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

Adopted,

Kabataan Party-list


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

NINETEENTH CONGRESS
First Regular Session

House ait no, L151

Introduced by KABATAAN PARTY-LIST Representative Raoul Danniel A. Manuel

AN ACT

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

Be it enact! I the Senate and the House of Representatives of the Philippines in
Congr och

SECTION 1. Title. — This Act shall be otherwise known or cited as the
“Adequate and Accessible 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 ani proiiote the rights of all students to quality education at all levels
Therefore ‘he State shall take appropriate steps to make such education accessible
to all. For mes intents, the State shall

{a) recognize the vital role of the youth in nation-building and shall promote
and protect thew physical, moral, spiritual, intellectual, and social well-being. It shall
inculcate 19 the youth patriotism and nationalism, and encourage their involvement in
Public and! v:ivic: fairs;

(&) 3% nonty to education, science and technology, arts, culture, and
sports to f. ster + atiiotism and nationalism, accelerate social progress, and promote
total huma  Hbeiation and development;

(c) proviie all Filipinos with equal opportunity to quality tertiary education in
public educations! institutions:

\de adequate funding and such other mechanisms to increase the
atnong ali socioeconomic classes in tertiary education;

(a) pro
Participation +

(@) always be concerned with the development of the “whole student” or a
student's intellectual capacity and achievement, emotional make-up, physical
Condition, social 1ciationships, vocational aptitudes and skills, moral and religious



values, econo: esources. and aesthetic appreciations--the basic tenets of helping
students reach ‘/icir 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 whic! sould 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,
guidanc:: counselors, researchers, and other persons performing similar functions
including i» stitution officials responsible for academic matters and affairs

(c) non-acaciemic personnel refer to the rank-and-file employees of the institution

engages: i» administrative functions and maintenance of a higher education
institution

(d) School i:caith facilities refer to places that health services which include but are not
limited ‘© ties and hospitals, shall have the capability to handle simple,
uncom). ted and stable medical conditions, engages in preventive-promotive
activities ssich as, but not limited to, physical - medical examinations, immunizations,
Consuit.s.ons on fields such as, but not limited to, internal medicine, general surgery,
neurols.!y OB-gynecology, psychiatry, allergology-immunology and dermatology.

(e) Schoo! health services refer to services that promote health including, but not
limited «.. physical, dental, and mental health assessment, examination, and

treatment

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

(g) univers.ty food services — campus dining centers, food courts, cafes, catering,
vending. und the likes that provide comprehensive dining service to students, faculty
and stall 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 p: accommodation to students, and academic and academic support
persor. .. .iuring their stay in school;
SECTION 4. Free Schoo! Health Services. — All enrolled students, and academic

and non-acac “1: personnel of SUCs shall be entitled to free health services in schoo!
health faciliti

SECTION 5, Free Student Meals. — All enrolled students of SUCs shall be entitled
to free and he.'!\y breakfast, lunch, and dinner meals in schoo! canteens/ cafeterias or
equivalent

SECTICN 6. Quality and Affordable University Food Services. — All enrolled
students. ace:..»:i and academic support personnel, and non-academic personnel of


Soaroasens

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SUCs shall b. ntitled to a quality, affordable, and safe food products and services with the
Nutrition starwars set by previous laws on community nutrition within SUCs.

SECTION 7. Free and Adequate University Housing. — All universities and colleges
shall have a sity housing such as residence halls, dormitories, buildings and the likes
that provide :.c.inmodation to students, and academic and academic support personnel
during their sty in schoo!

Quai «i students, academic and academic support personnel in SUCs shall be
entitled to fr versity housing provided that they are financially-disadvantaged and/or
staying oni All SUCs must provide adequate housing, i.e. construct for at least 40%
of the studen: arsciemic, and academic support personnel population

SECTION 8. No Collection Policy and Determination of Funding. — All SUCs are
prohibited fro) collecting health services fees from all students, and academic and
academic sui) :»0't personnel, and non-academic personnel; university housing fees from
qualified stuc:. sand academic and academic support personnel; and student meals fee
from all si \ lieu of collecting said fees, the amount required for the implementation
Of free univer. :, housing, health services, and student meals in SUCs shall be determined
by the respex verning boards of SUCs.

SECTION 9. Development Plan. — All SUCs are hereby mandated to formulate and
submit to thy | /ED and to the Joint Congressional Oversight Committee on Universal
Access tc | ; {-ducation. a detailed development plan which shall include plans to

increase =. housing capacity and improve schoo! health facilities
SECiiiJ0i 10. Transitory Provisions. — The CHED shail formulate the appropriate
strategies ar’ wcianisms needed to ensure smooth and swift implementation of free and

affordable un: sily services. Taking into consideration the influx of students who will enter

Public tertiar,  “iools and/or continue college studies, CHED — in partnership with other
government .. .1cies including the Department of Budget and Management — shall craft
strategies th: »’ay cover changes in physical; infrastructure, manpower, organizational and
structurai as

Tem » the initial implementation, the CHED, and the public higher education

institutions si. coordinate closely with one another to implement strategies that ensure the
academic wal financial, and human resource capabilities of state-run universities and
colleges | *. purpose. a transition period shall be provided for in the implementing
rules and revs “iions of this Act, which shall cover capacity-building, infrastructure
develop: ic: + .J tne hiring and proper compensation of additional needed personnel
SECi 11. Implementing Rules and Regulations. — Upon enactment of this Act,
the CHC.) slablish a multi-sectoral committee that will craft the Implementing Rules
and Reguisli (ii?) needed for the implementation of this Act. This Committee shall be
led by the Gi. 1 Chairperson with the following members: (1) a representative from the

Philippine: A>: » vation of State Universities and Colleges (PASUC): (2) an academic
personne rc; » sentative, (3) academic support personnel representative; (4) a non-
academ \ol representative; (5) and representatives from national youth and
student ory s and formations: Provided, That the committee shall finish and
promulgate within ninety (90) days after the effectivity of this Act



of this Act
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dt 12. Appropriations. — The amounts necessary to carry out the provisions
‘ically Sections 4, 5, and 7 shall be included in the annual General

ct (GAA) and shall be appropriated under SUCs, and CHED, in

tl the provisions of this Act. The President is hereby authorized to realign or
of appropriation within the CHED and/or utilize any savings therein to
Loses of this Act.

31: 13, Separability Clause. — If any provision or part thereof is held invalid

vi al, the remainder of the law or the provision not otherwise affected shall

ibsisting

d1: 14. Repealing Clause. — Pertinent provisions of Batas Pambansa Big.
1, ation Act of 1982,” Republic Act No. 8292 or the “Higher Education
# ct of 1997." Republic Act No. 10931 or the "Universal Access to Quality
ton Act.” and all other laws, decrees, executive orders, and rules and

vary to or inconsistent with the provisions of this Act are hereby repealed or

cangly.

| iv 18. Effectivity Clause. — This Act shall take effect fifteen (15) days after

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