FOURTEENTH CONGRESS OF THE 
) 
First Regular Session 
REPUBLIC OF THE PHILIPPINES 
s. NO. 
363 
Introduced bv Senator Antonio “Sonnv” F. Trillanes IV 
EXPLANATORY NOTE 
The Information Age, globalization, rapid change, segmentation 0- -.le 
society - these are the 
challenges which considerably increase the importance of a social and cultural role of education. 
The society will be able to respond to these challenges only if the education system is modern 
and flexible enough to meet the demands of the rapidly changing society. 
The Open Learning and Distance Education (OLDE) could be a suitable response to this reality. 
OLDE provides tools that allow increased access to education. A student availing of distance 
learning can attend classes while at home or in the workplace with the use of modules, e-mail, 
chat and video conference. However, to ensure efficiency and quality, mechanisms should be 
employed to monitor the academic progress of the students. 
In view of the foregoing, immediate passage of this bill is earnestly sought. 
AN w+j- 
0 0 “SON Y” F. TRILLANES IV 
Senator 


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FOURTEENTH CONGRESS OF THE 
) 
REPUBLIC OF THE PHILIPPINES 
1 
First Regular Session 
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SENATE 
Introduced by Senator Antonio “Sonny” F. Trillanes IV 
AN ACT 
STRENGTHENING THE OPEN LEARNING SYSTEM OF HIGHER EDUCATION IN 
THE PHILIPPINES, APPROPRIATING FUNDS TFtEREFOR AND FOR OTHER 
PURPOSES 
Be it enacted by the Senate and House of Representatives of the Philippines in Congress 
assembled: 
SECTION 1. Title, This Act shall be known as the “Open Tertiary Education Act of 
2008”. 
SEC. 2. Declaration of Policy. It is hereby declared the policy of the State to expand and 
further democratize educational opportunities for our people in a more effective and economical 
manner through the utilization of innovative educational technologies. In view thereof, the State 
recognizes the open learning system as a necessary mode to widen access to quality tertiary 
education even as it guarantees academic freedom of higher education institutions on what to 
teach and how to teach. 
SEC. 3. DeJnition of Terms. For purposes of this Act, the following terms are hereby 
defined: 
“a. Open Learning System - A philosophy of learning that is highly flexible and leamer- 
centered, that is the conditions for learning are controlled by the learner, thus enabling him to 
learn at the time, place and pace which satisfy his circumstances and requirements. It includes 
Expanded Tertiary Education, Equivalency and Accreditation Program (ETEEAP), prior 
learning, portfolio learning, non-traditional, or sorts of prior learning that could be submitted for 
formal recognition. 
“b. Distance Education - A System of delivering educational services to students who are 
disadvantaged by limited time, distance, or physical disability, among others, through the use of 
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specially designed materials and methods and supported by organizational and administrative 
structures and arrangements. It is characterized by the separation of learner and teacher, the 
influence of an organization, the possibility of occasional meetings and face-to-face interactions, 
the recourse to an industrialized form of education, and the use of technical media such as print, 
radio, audio, video and computers. 
“c. Open University - A university which makes use of the open learning system by 
offering distance education programs at the tertiary level to students who cannot complete their 
education using the traditional mode. 
SEC. 4. Coverage. This Act shall apply to public and private higher education 
institutions with existing open learning programs and to other institutions which shall later be 
authorized as qualified implementers of the System. 
SEC. 5. Admission Requirements. Admission to an open tertiary education shall be 
governed by these admission requirements: 
a. Completion of high school education evidenced by a high school certificate/transcript 
of records shall be required for admission; and 
b. Admission requirements by the admitting educational institution shall be instituted in 
accordance with standards set by the Commission on Higher Education (CHED). 
SEC. 6. Progrnm Requirements. There shall be defined a set of courses (Subjects) andor 
examinations, the completion of which shall he required for graduation from a program, and 
which shall he equivalent to those under the formal system. 
a. The place, pace and mode of study shall be done at the option and convenience of the 
student, except in the case of examinations of which its context, content and conduct shall be 
determined by the institution. 
b. The CHED and/or the institution concerned shall develop and implement a mechanism 
to monitor the academic progress of the students. 
c. The programs to be offered and the curricula to be implemented under the open 
tertiary education shall conform to the CHED’s updated policies and guidelines on open learning 
and distance education. 
d. Completion of a program shall be evidenced by the award of the appropriate certificate 
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or diploma. 
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e. For the practice of the profession for which one has acquired the necessary academic 
credentials in the Open Tertiary Education, the existing requirements of passing a board or 
exams shall apply. 
SEC. 7. Mode of Delivery. Open Learning SystemlDistance Education may be delivered 
using the following: 
a. Media 
1. Print - textbooks, study guides, workbooks, course syllabi, correspondence 
feedback, and other print formats; 
2. Audio-visual - radio, audio cassette tapes, slides, film, videotapes, television, 
telephone, fax, audio-conferencing, video-conferencing; 
3. Electronic/Computer Technology - CD-ROM, electronic mail, e-bulletin boards, 
world-wide web, E-learning or online delivery of education; and 
4. Face-to-face sessions. 
b. Autonomous open learning/distance education institutions or independent open 
leaminddistance education departments of a conventional or traditional institute, college or 
university; 
c. Consortium model consisting of open leamingldistance education departments of 
different institutions. 
SEC. 8. Support to Distnnce Education Program. Higher education institutions with 
open learning programs shall be provided support based on the following criteria to be 
determined by the CHED: 
a. Qualified faculty with experience andor training in distance education; 
b. Relevant curricular programs; 
c. Appropriate educational materials; 
d. Suitable student support services and delivery system; and 
e. Linkages with other appropriate institutions as study centers. 
SEC. 9. Support to Students. Any student enrolled under this Act shall be given access to 
all privileges, opportunities and entitlements that a student similarly situated under the traditional 
system may have access to, including but not necessarily limited to, availment of scholarships, 
grants and loans from the government or government-administered funding sources. Specifically, 
higher education institutions shall be tasked to perform the following support services: 
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a. Maintain faculty-student dialogue in strategic sites and/or establish learning centers or 
linkages with other HEIs to insure greater access to the clientele for admission, tutorial, 
counseling, testing and evaluation activities; 
h. Provide clear admission policies and procedures for applicants; 
c. Provide for an efficient and reliable communication system and media support 
including equipment and facilities; 
d. Show evidence of regular monitoring of learners’ progress; and 
e. Provide liberty and learning resources for the students. 
SEC. 10. Role of the Commission on Higher Education (CHED). The CHED has the 
authority to identify the higher educational institutions which shall be allowed to offer open 
leaming/distance education programs and be given allocation for the continued implementation 
of these programs. As such, it shall: 
a. Promulgate the necessary rules and regulations for the effective implementation of 
the System; 
b. Propose approaches to improve the quality of distance education in the country and 
formulate a quality control mechanism for distance education in the country and formulate a 
quality control mechanism for distance education; 
c. Monitor and evaluate existing open learning programs; 
d. Review and approve proposals for new open learning programs from educational 
institutions; and 
e. Recommend to the Department of Budget and Management (DBM) the budget for 
open learning programs of qualified higher education institutions based on the CHED monitoring 
and evaluation results. 
SEC. 11. Role of Broadcast Stations and Telecommunications Network Broadcast 
stations and telecommunications networks are encouraged to provide assistance and cooperation 
in support of the open learning system or in the delivery of distance education, which may 
include hut not necessarily limited to, the transmission of materials for formal and non-formal 
courses to learners not only in the Philippines hut also outside the country. 
SEC. 12. Tax Incentives. Private entities such as broadcast stations and 
telecommunications networks and others which shall provide appropriate materials, time and 
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services to the system shall be given corresponding tax credits in accordance with existing rules 
and regulations. 
SEC. 13. Appropriations. The amount necessary to carry out the initial implementation 
of this Act shall be charged to the appropriations of the Commission on Higher Education under 
the current General Appropriation Act. Thereafter, the funds necessary for the continuous 
implementation of this Act in the ensuing years shall be included in the annual appropriations of 
CHED in the General Appropriations Act. 
SEC. 14. Implementing Rules and Regulations. The Commission on higher Education 
(CHED), 
in consultation with relevant stakeholders in higher education, is hereby mandated to 
formulate the rules and regulations to implement this Act within a period of ninety (90) days 
from the effectivity thereof. 
SEC. 15. Separability Clmse. If any provision of this Act or any part thereof be declared 
unconstitutional or invalid, the other provisions, far as they are separable from the invalid ones, 
shall remain in force and effect. 
SEC. 16. Repealing Clause. All laws, decrees, orders, rules and regulations or parts 
thereof specifically inconsistent with this Act are hereby repealed or modified accordingly. 
SEC. 17. Efleclivity. This Act shall take effect fifteen (15) days after its publication in 
the Official Gazette or in at least two (2) newspapers of general circulation. 
Approved, 
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