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DATE:JAN 21

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Republic of the Philippines les

HOUSE OF REPRESENTATIVES
Quezon City, Metro Manila

EIGHTEENTH CONGRESS
Second Regular Session

House BILL No. 8438

Introduced by CIBAC Party-List Representatives
EDUARDO “BRO. EDDIE” C. VILLANUEVA and DOMINGO C. RIVERA

AN ACT
PROHIBITING EDUCATION INSTITUTIONS FROM WITHHOLDING
THE OFFICIAL RECORDS OF STUDENTS BY REASON
OF NON-PAYMENT OF TUITION AND OTHER SCHOOL FEES,
AND FOR OTHER PURPOSES

EXPLANATORY NOTE

Poverty has been one of the chief causes of uneducated Filipino children.
Families who can no longer support their children’s education often resort to
transferring their children to other schools with fewer education expenses such as daily
allowances and transportation costs, if not stop schooling. However, most schools do
not release the students’ official records if they cannot pay the school fees in full or fail
to settle financial obligations with the school.

Unfortunately, this inability to secure the required school record forces the
student to stop school altogether until he/she has enough funds to pay his/her
outstanding obligations. This, in turn, results in a delay in the student's education,
which further delays his/her entry into the labor force.


Under current rules of the Department of Education (DepEd),' transferees from
public and private schools in the Philippines who failed to submit their school records
during early registration or upon enrollment will only be enrolled temporarily until the
submission of required documents on or before August 31st of the current year. Only
upon complete submission of the documentary requirements will the learner be tagged
as officially enrolled, Otherwise, the student will not be officially promoted to a higher
grade level. The concerned student will also not be recognized if he/she attains the
qualifying average and other criteria for academic honors.

This bill seeks to reinforce the State policy to provide education to our children
and youth by ensuring that schools will not withhold their records because of non-
payment of school fees. Under this bill, a student who has an unpaid balance from the
school only needs to submit a promissory note to the school, committing to pay the
outstanding amount within a reasonable period. This bill also seeks a balance between
upholding the right of the youth to education and the right of school owners to
reasonable returns on their investment.

Thus, the passage of this bill is eamestly sought.

HON. EDUARDO eee eT

* DepEd Order No, 03, s. 2018, Re: Basic Enrollment Policy (January 26, 2018).


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

EIGHTEENTH CONGRESS
Second Regular Session

HOUSE BILL No. 8438

Introduced by CIBAC Party-List Representatives
EDUARDO “BRO. EDDIE” C. VILLANUEVA and DOMINGO C. RIVERA

AN ACT
PROHIBITING EDUCATION INSTITUTIONS FROM WITHHOLDING
THE OFFICIAL RECORDS OF STUDENTS BY REASON
OF NON-PAYMENT OF TUITION AND OTHER SCHOOL FEES,
AND FOR OTHER PURPOSES

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-Withholding of Student
Records Act.”

SEC. 2. Declaration of Policy. — It is hereby declared the policy of the State to give
priority to education to foster patriotism and nationalism, accelerate social progress,
and promote total human liberation and development.

SEC. 3. Unlawful Practice. — It shall be unlawful for any education institution in the
country to withhold or otherwise cause, directly or indirectly, the delay in the release
of the official records of the students by reason of non-payment, in part or in full, of
tuition and/or other school fees.


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SEC. 4. Obligation of Students, Parents, and Guardians. - Students who have
enrolled in any education institution who wish to obtain their academic records,
appropriate certifications or other pertinent documents for whatever purpose, but are
financially-incapable to settle, in part or in full, their tuition and/or other school fees,
shall be allowed to obtain their academic records, appropriate certifications or other
pertinent documents upon the execution of a promissory note or other equivalent
document in favor of the school covering the unpaid obligation.

The promissory note, which shall indicate the purpose of obtaining the
academic records, appropriate certifications or other pertinent documents from the
education institution, may be signed and executed solely by the student if such student
is 21 years or older. If the student is above 18 years old but below 21 years old, the
promissory note shalll be signed and executed by the student, coupled with the written
conformity of the parents guaranteeing the performance of the obligation of the student
with regard to any unpaid obligations to the education institution. If the student is a
minor, the promissory note shall be signed and executed by at least one of the parents
or the legal guardian of the student. Provided, That nothing herein shall prohibit the
Parties from agreeing to release the school records and other documents of the
student without any promissory note or similar document.

SEC. 4. Penalties. - Any officer or employee of the education institution responsible
for releasing the official records of the students who violates any provisions of this Act
shall be punished with a fine of not less than Ten Thousand Pesos (Php10,000.00)
but not more than Fifty Thousand Pesos (Php50,000.00) or imprisonment on not less
than one (1) month but not more than six (6) months, or both, at the discretion of the
Court.

Any education institution found to have violated provisions of this Act shall be
administratively punished with suspension or cancellation of its permit to operate by
the Department of Education (DepEd), the Technical Education and Skills
Development Authority (TESDA), or the Commission on Higher Education (CHED)
and pay an administrative fine of not less than Fifty Thousand Pesos (Php50,000.00)
but not more than One Hundred Thousand Pesos (Php 100,000.00)


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SEC. 5. Implementing Rules and Regulations. - DepEd, TESDA, and CHED, in
coordination with relevant agencies and sectors, shall promulgate the implementing
rules and regulations as may be necessary to carry out the provisions of this Act.

SEC. 6. Separa
declared invalid or unconstitutional, other provisions hereof which are not affected

y Clause. - If any portion or provision of this Act is subsequently
thereby shall remain in full force and effect.

SEC. 7. Repealing Clause. — All other laws, acts, presidential decrees, executive
orders, presidential proclamations, issuances, rules and regulations, or parts thereof
which are contrary to or inconsistent with any of the provisions of this Act are hereby

repealed, amended, or modified accordingly.

SEC. 8. Effectivity. — This Act shall take effect fifteen (15) days after its publication in
the Official Gazette or in a newspaper of general circulation.

Approved,