Republic of the Philippine
HOUSE OF REPRESENTATIVES
Quezon City

18" CONGRESS.
First Regular Session,

2329
HOUSE BILLNO.

Introduced by REP, EVELINA G. ESCUDERO

EXPLANATORY NOTE.

The 1987 Constitution mandates 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

However, more and more students and parents have been complaining that the students have been
barred by school authorities, mostly in private educational institutions, from taking the prelims, midterm or final
examinations in the case of higher education students, and from taking the periodic examinations, in the case of
basic education students enrolled in private schools, due to failure to pay the balance of tuition fees on time

While the Constitution also mandates the State to establish and maintain a system of scholarship grants
student loan programs, subsidies and other incentives which shall be available to deserving students in both
Public and private schools, not all underprivileged students have the opportunity to avail themselves of stich
financial assistance because of certain qualification requirements that have to be met. Likewise, there are
students who are not necessarily poor, but their families have suffered from sudden reversal of fortune or
temporary setbacks due to natural causes or disasters or are experiencing liquidity problems because they are
sending more than two or three children to school at the same time. Hence, these factors cause the delay in the
payment of tuition fees or even non-payment thereof within the prescribed period

However, implementing a policy that disallows these students from taking the examinations solely on
the basis of non-payment of tuition fees on time is tantamount to denying educational access to the students
regardless of how studious and academically deserving they are of obtaining a good education. This also leads to
emotional burden on the part of the students instead of letting them just focus on reviewing for the
examinations. This is what exactly happened recently in the case of, University of the Philippines student Kristel
‘Tejada who took her own life for failure to pay her tuition fees on time.

This representation hopes that this will be an eye opener for all of us. Thus, the bill not only seeks to
Protect the right of students to education, but also allows schools to have other safeguards to ensure the
Payment of tuition fees, such as the withholding of school records like class cards. transcript of records and
diploma, among others, or the non-issuance of clearance

In view of the foregoing reasons, immediate approval of this measure is earnestly sought

EVELINA G. ESCUDERO


Republic of the Philippines
HOUSE OF REPRESENTATIVES,
Quezon City

18™ CONGRESS
First Regular Session

2329
HOUSE BILL NO. ___

Introduced by REP. EVELINA G. ESCUDERO.

AN ACT
PENALIZING THE IMPOSITION OF A ‘NO PERMIT, NO EXAM POLICY’ OR ANY SUCH
POLICY THAT PROHIBITS STUDENTS IN ALL EDUCATIONAL INSTITUTIONS FROM
TAKING THEIR PERIODIC, PRELIMS, MIDTERM OR FINAL EXAMINATIONS DUE TO
UNPAID TUITION AND OTHER SCHOOL FEES.

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

SECTION 1. Short Title. This Act shall be known as the “Anti-“No Permit, No Exam’ Act.”

SEC. 2, Declaration of Policy. \t is hereby declared unlawful for any educational institution,
including primary, secondary, higher education institution (HEI) or technical-vocational institute
(TV1), whether public or private, to disallow any student from taking any midterm or final examination
due to non-payment of tuition and other school fees under the established terms of payment prescribed
by the concerned educational institution and approved by the Department of Education (DepED),
Commission on Higher Education (CHED) and Technical Education and Skills Development
Authority (TESDA), respectively

SEC. 3. Coverage. This Act shall cover all public and private educational institutions including
primary, secondary and post-secondary HEIs and TVIs.

SEC. 4. Right of Students. Students shall have the right to take the mid

m or final
examinations notwithstanding the existence of unpaid financial obligations to the school

SEC. 5. Obligation of Students. The students and/or their parents, unless waived by the school
authorities concerned, shall be obligated to pay an interest for the unpaid tuition and other school fe
which shall not be more than six percent (6%) per annum, computed from the date of the examination
taken by the students until the date when the overdue and unpaid tuition and other school fees are fully
liquidated

EC. 6. Rights of Schools. The school authorities shall have the following rights against
students with financial obligations, which remain due and unsettled, to their schools:



(a) To withhold the release of the grades of a student with delinquent account until the unpaid
tuition and other school fees, plus interest charges, are fully paid:

(b) To deny admission or enrolment of any student having unsettled tuition or other school fees
at the next succeeding semester classes, in the case of higher education, or at the next
sueceeding short-term course, in the case of post-secondary technical-vocational education,
as the case may be, until the previous delinquencies are fully paid: and

(c) To refuse issuance of school clearance to students with financial obligations to the school
until all previous delinquencies are fully paid

SEC. 7. Unlawful Acts. In recognition of the students’ right to take their midterm and final
examinations, the following acts by educational institutions shall be considered unlawful

(a) Disallowing students with due and unpaid tuition and other school fees from taking the mid-
term or final examination;

(b) Requiring the students to secure a permit to take the midterm or final examination from the
sehool authorities prior to the administration of midterm periodic or final examination: and

(c) Compelling the students to pay upon enrollment a down payment or first installment
equivalent to more than thirty percent (30%) of the total amount of tuition and other school
fees for the entire semester or duration of the course.

SEC. 8. Penalties. Any school official or employee, including deans, coordinators, advisers.
deans, professors, instructors and other concerned individuals found guilty of violating any of the
unlawful acts enumerated in Section 7 of this Act shall be punished by a fine of not less than Twenty
Thousand Pesos (P20,000.00) but not more than Fifty Thousand Pesos (P50,000.00)

SEC. 9. /mplementing Guidelines. Within sixty (60) days from the effectivity of this Act, the

DepED, CHED and TESDA shall promulgate the implementing guidelines necessary to enforce the
objectives of this Act

SEC. 10. Separability Clause. If any provision or part thereof is held invalid. or

unconstitutional, the other sections or provisions thereof shall not be affected thereby and shall remain
in force and effect.

SEC. 11. Repealing Clause. All laws, presidential decrees, executive orders, proclamations
issuances, administrative orders, rules and regulations contrary to or inconsistent with any provision of
this Act are hereby amended, repealed or modified accordingly

SEC. 12, Effectivity Clause. This Act shall take effect fifteen (15) days after its publication in
two (2) newspapers of general circulation

Approved,