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

13" Congress
First Regular Session

HOUSE BILLNO.__ 378

Introduced by Representative Roseller L. Barinaga

EXPLANATORY NOTE

Education remains to be the best instrument for human liberation and
development. Section 1, Article XIV of the 1987 Constitution mandates that steps be
taken to make education accessible to all. With this, the Special Program for Employment
of Students (SPES) has been institutionalized under R.A. No. 7323, otherwise known as
the “Poor but Deserving Students Employment Act”, to help poor but deserving students
support their education. Its main objectives are on-the-job training, value formation and
the provision of education subsidy to cover tuition and related expenses.

Now on its eleventh year of ifplementation, with a budget of PhP 60 million
when it was first introduced in 1993, the SPES has benefited as many as 48,121 students
nationwide. Records show the increase of SPES placements every year, an indication that
the program has been an effective tool for students yearning to continue their pursuit of
education

Because of its inspiring success and innovative approach of encouraging the
private sector employers to share in the cost of financing education, the SPES has
become a continuing program of the government for poor but deserving students
However, it the program is not perfect and would need to be improved to make it more
effective, efficient and more responsive to the needs of its beneficiaries, given the
changing economic realities.

‘Thus, to strengthen the SPES, this bill proposes to accomplish the following:

Adjust the income requirement for coverage under the law;

Provide a non-diminution and automatic increase for its budgetary allocatiqn;
Penalize those who will dishonor the education vouchers;

Lessen the coverage of employment size of establishments; and

Make the program a year-round activity

wawn=

In view of the above premises, support for the passage of this bill is earnestly sought.

ROSELLER L. BARINAG.



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

13thCongress
First Regular Session

378

House Bill No.

Introduced by Representative Roseller L. Barinaga

AN ACT
STRENGTHENING FURTHER AND BROADENING THE COVERAGE OF THE
SPECIAL PROGRAM FOR EMPLOYMENT OF STUDENTS, AMENDING FO!
THE PURPOSE CERTAIN PROVISIONS OF REPUBLIC ACT NO. 7323, ANE
FOR OTHER PURPOSES “oy

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

SECTION I. Section 1 of Republic Act-No. 7323, otherwise known as the
“Special Program for Employment of Students (SPES),” is hereby amended to read as
follows:

“SECTION 1. Any provision of the law to the contrary notwithstanding,

any person or entity employing [at least fifty (50%] MORE THAN TEN

(10) persons may |,during the Summer and/or-Christmas vacations,]

employ poor but deserving students, fifteen (15) years of age but not more

than twenty-five (25) years old, paying them a salary wage not lower than

the minimum wage FOR PRIVATE EMPLOYERS AND THE

APPLICABLE HIRING RATE FOR THE NATIONAL AND



LOCAL GOVERNMENT AGENCY

PROVIDED, HOWEVER,

THAT THEIR EMPLOYMENT SHALL NOT EXCE

ED THREE (3)

MONTHS: = PROVIDED, — FURTIZii, THAT ~~ STUDENTS

IPLOYED IN ACTIVITIES RELATED ‘TO ‘TH

COURSE
SHALL EARN EQUIVALE

ACADEMIC CREDITS AS MAY BE

DETERMINED BY APPROPRIAT

E GOVERNM

AGENCI
Iprovided by law and other applicable labor laws and regulations}
“For purposes of this Act, poor but deserving students refer to those whose

\
Parents’ combined incomes}. together with their income] OWN, if a

do not exceed [Thirty-six thousand pesos (P36,000,00) per annum]

ANNUAL NATIONAL POVERTY

IRESHOLD LEVEL FOR A

FAMILY OF SIX (6) FOR 1

PRE

ING YEAR AS MAY BE
L

RMINED BY

NATIONAL STATISTICS
COORDINATION BOARD (NSCB). Employment [should be at the
Labor Exchange Center of the Department of Labor and Employment

(DOLE)] FACILITATION SERY|

'S FOR APPLICANT!

OTHE

PROGRAM SHALL BE DO!

(BY THE

PUBLIC EMPLOYMENT:
‘

SERVICE OFFICE

'0).”
SEC. 2. Section 2 of the same law is herchy amended to read as follows:

BC. 2. Sixty percentum (60%) of said salary or wage shall be paid by

the employer: in cash and forty percentum (40%) by the government in the
form of a voucher which shall be applicable in the payment for his tuition
fees and books in any educational instituiion for secondary, tertiary,

vocational or technological education, The amount of the educationAL


20

voucher shall be paid by the government to the educational institution
concerned within thirty (30) days fvom its presentation to the officer or
agency designated by the Secretary of Finance.

“The voucher shall not be transferable except when the payee thereof! dies
or for a justifiable cause stops in his duties,-in which case it can be

transferred to his brothers or sisters. If there be none, the amount thereof

shall be paid his heirs or to the payce himself, as the case may be.”
SEC 3. Section 3 of the same law is heredy amended to read as follows:

“SEC. 3. The Sceretary of Labor and Employment, the Secretary of

Education |, Culture and Sports| THE CHAIRMAN OF THE

COMMISSION ON HIGHER

DUCATION and the Secretary of

Finance shall issue the corresponding rules and ret

ions to carry out the
purposes of this Act
“The Secretary of Labor and Employment shall be the [Project Director of
this] Program Chairman.”
SEC. 4, Section 4 of the same law is hereby amended to read as follows
“SEC. 4. Any person or entity who shall make any fraudulent or fictitious
‘
claim under this Act, regardless of whether payment has been made, AND
ANY PERSON OR ENTITY WHO REFUSES 'TO HONOR AN
EDUCATION VOUCHER, shall, upon conviction, be punished with
imprisonment of not less than six (6) months and not more than one (1)
year and a fine of not less than Ten thousand pesos (10,000.00), without
prejudice to their prosecution and punishment for any other offense

punishable under the Revised Penal Code or sity other penal statute


“In case of partnerships or corporations, the managing. partner, general

manager, or cl

f executive officer, as the case may be, shall be criminally
liable.”

SEC. 5. If any provision or part of this Act, or the application thereof to any
person or circumstance is held invalid or unconstitutional, the remainder of this Act ot
the application of such provision or part thereof to other persons or circumstances shall
not be affected thereby

SI

6. All laws, orders, issuances, rules and regulations or part thereo!

inconsistent with the provisions of this Act

we hereby repealed, amended, or modilied

cordingly,
SEC, 7. This Act shall take effect fiNeen (15) days afer its publication in the

Official Gazette or in at least two (2) aewspapers of aaional circulation

Approved,