REPUBLIC OF THE PHILIPPINES
HOUSE OF REPRESENTATIVES
Quezon City

EIGHTEENTH CONGRESS
Second Regular Session

House Bill No. __6994

Introduced by MAGDALO Party-List Representative
HON. MANUEL DG. CABOCHAN IIT

EXPLANATORY NOTE

Section XIV, Article 1 of the 1987 Constitution provides that:
"The State shall protect and promote the right of all citizens to quality
education at all levels and shall take appropriate steps to make such
education accessible to all.”

In response to the coronavirus pandemic, the government has declared a State of
Public Health Emergency throughout the country. The pandemic has crippled the
whole nation, including the educational progress of the students, Face-to-face
classes and other school activities were suspended. Educational institutions were
also forced to end the school year earlier.

To continue with the scheduled start of the next school year, the Department of
Education has pushed for the use of blended learning during the pandemic. The
program uses a combination of online distant learning and personal delivery of
printed materials to the homes of students. However, despite the efforts of the
Department of Education to proceed with the program, many have expressed their
doubts, including the President, on its implementation especially for the plight of the


marginalized sector.' Most families have no access to a fast and reliable internet
connection and on tools such as computers and tablet, making this learning program
only favorable to those who can afford it. Facilitating blended learning may also be
difficult for parents who were not able to finish their education or to even go to
school.

As we are witnessing now, the educational system can also be disrupted during an
emergency or a calamity, such as the COVID-19 pandemic. There are hazards that
need to be taken into consideration to ensure the safety of the students and faculty.
Our policies should then be able to foresee such inevitable circumstances. However,
we also need to make certain that academic progress for all students is not
impeded.

As such, this bill seeks to mandate the Department of Education to provide
qualifying examinations for acceleration for students who are affected by a
declaration of state of emergency or state of calamity. This bill acknowledges the
constraints that emergencies or calamities pose to the students, parents, and
faculty. The wisdom of this measure is to guarantee every Filipino student to have
equal access to education and ensure their academic progression even in trying

times.

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

MANUEL DG,)CABOCHAN IIT
Representative
Magdalo Para Sa Pilipino Party-List

+ Hernando-Malipot, M. (June 8, 2020). DepEd disputes claims that itis not ready for blended learning. Manila
Bulletin, Retrieved from https://news.mb,com,ph/2020/06/08/deped-disputes-claims-that-it-s-not-ready-for-
blend



SecarHauwaun

REPUBLIC OF THE PHILIPPINES
HOUSE OF REPRESENTATIVES
Quezon City

EIGHTEENTH CONGRESS
Second Regular Session

House Bill No. _ 6994

Introduced by MAGDALO Party-List Representative
HON. MANUEL DG. CABOCHAN IIT

AN ACT
MANDATING THE DEPARTMENT OF EDUCATION TO PROVIDE QUALIFYING
EXAMINATIONS FOR ACCELERATION IN THE EVENT OF A DECLARATION
OF STATE OF EMERGENCY OR STATE OF CALAMITY IN THE COUNTRY OR
PARTS THEREOF, APPROPRIATING FUNDS THEREFOR AND FOR OTHER
PURPOSES

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 "Qualifying
Examinations for Acceleration during Emergencies Act.”

Sec. 2. Declaration of Policy. It is hereby declared the policy of the State to
protect and promote the right of all citizens to quality education at all levels and
shall take appropriate steps to make such education accessible to all. Towards this
end, the State shall provide a mechanism for students affected by a declaration of
state of emergency or state of calamity to ensure their academic continuity and
progress through a qualifying examination for acceleration.


Sec. 3. Definition of Terms. For the purpose of this Act:

(a) Basic Education Schoo! refers to an educational institution that is
legally authorized to offer the K to 12 Basic Education Program;

(b) Higher Education Institution refers to an educational institution that is
legally authorized to offer a program of education leading to the

conferment of a degree;

(©) K to 12 Basic Education Program refers to the implementation of
Republic Act 10533, otherwise known as the Enhanced Basic Education
Act of 2013 which covers Kindergarten and 12 years of basic education
including six years of primary education, four years of Junior High
School, and two years of Senior High School;

(@) School Calendar refers to Section 1 of Republic Act 7797 which
provides that the school calendar for each year shall have not more
than two hundred twenty (220) class days, inclusive of class days
which may be subsequently suspended due to natural or man-made

calamities;

(e) State of Emergency/State of Calamity refers to the condition involving
mass casualty and or major damages to the environment, property,
infrastructures, disruption of means of livelihoods and businesses, and
normal way of life of people in the affected areas as a result of the
occurrence of natural or human-induced hazard.

Sec. 4. Coverage This Act shall cover all students in basic education levels,
in both public or private academic institutions, including kindergarten, primary and
secondary levels enrolled in the K to 12 Basic Education Program.


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Sec. 5. Qualifying Examinations for Acceleration— The Department of
Education (DepEd) shall provide a qualifying examinations for acceleration for
students in the event of a state of emergency or state of calamity in the country or
parts thereof resulting to failure to enroll, inability to participate in alternative
learning modalities, or present health and safety risks.

The qualifying examination shall be a paper and pencil test designed and
administered by the DepEd to determine if a student is accredited to move on to the

next academic level.

Sec. 6. Certification of Acceleration Passers of the qualifying examinations
shall be given a certificate or diploma bearing the DepEd seal, and the signature of
the Secretary of Education, certifying their competencies to move on to the next
academic level. Basic education schools and higher education institutions (HEIs)
shall recognize the certification of acceleration and allow the passer to be enrolled in
the academic level indicated in the certificate or diploma.

Sec. 7. Unlawful Acts The following acts of any DepEd office, basic
education school or HEI shall be considered unlawful:

(a) Compelling payment of any fees as requisite to the conduct of qualifying
examinations for acceleration;

(b) Preventing a student from taking the qualifying examinations due to

unpaid financial obligations to the school; and

(c) Non-recognition of the DepEd-issued certification of acceleration in the

enrolment of students.

Sec, 8. Penalties, — Any official or employee of DepEd, basic education
schools or HEIs and other concerned individuals found guilty of violating the
provisions of this Act shall suffer the penalty of prision correccional or imprisonment

3


from six (6) months and one (1) day to six (6) years and a fine of Seven Hundred
Fifty Thousand Pesos (P750,000.00).

Sec. 9. Implementing Rules and Regulations The DepEd, in coordination
with the Commission on Higher Education (CHED), shall within ninety (90) days from
the effectivity of this Act, promulgate the rules and regulations to effectively
implement the provisions of this Act.

Sec. 10. Appropriations.— The amount needed for the initial implementation
of this Act shall be taken from the current year’s appropriations of the Department of
Education. Thereafter, such sums as may be necessary for its continued
implementation shall be included in the annual General Appropriations Act.

Sec. 11. Separability Clause- If any portion or provision of this Act is
declared unconstitutional, the remainder of this Act or any provisions not affected
thereby shall remain in force and effect.

Sec. 12. Repealing Clause- Any law, presidential decree or issuance,
executive order, letter of instruction, rule or regulation inconsistent with the

provisions of this Act is hereby repealed or modified accordingly.

Sec. 13. Effectivity.- This Act shall take effect fifteen (15) days following its
complete publication in the Official Gazette or a newspaper of general circulation.

Approved,