Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City, Metro Manila
NINETEENTH CONGRESS
First Regular Session
House Bill No. _______
Introduced by Honorable Ma. Alana Samantha Taliño Santos
AN ACT PENALIZING REFUSAL TO ENROLL STUDENTS, RELEASE CARDS AND
OTHER DOCUMENTS FOR CLEARANCE PURPOSES, IN PUBLIC SCHOOLS FOR
FAILURE TO PAY MISCELLANEOUS AND OTHER FEES
EXPLANATORY NOTE
As mandated by the Constitution, 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.1 To this end, the State shall establish and maintain a system of free public education in the
elementary and high school levels.2
Access to education does not only mean free tuition. The payment of miscellaneous and other
fees as a requirement for enrollment, release of clearance, test results and other documents serve
as another barrier for young Filipino children to access education. Miscellaneous and other fees
are additional burdens to poor families with school-age children. Imposing these fees as
requirements for enrollment and important documents leaves students with no choice but to pay
these fees.
The Department of Education has previously issued a Department Order prohibiting the
solicitation of miscellaneous fees prior to enrollment.3 However, as this practice still occurs until
now, there is a need to institutionalize a legislative measure to provide penalties for personnel
who would extort students for payment of miscellaneous and other fees. All barriers must be
removed for public school education to be truly free and accessible to all.
HON. MA. ALANA SAMANTHA TALIÑO SANTOS
Representative, 3rd District of Cotabato
1 Section 1, Article XIV, 1987 Condition
2 Section 2 (2), Article XIV, 1987 Condition
3 https://www.gmanetwork.com/news/topstories/nation/743899/miscellaneous-fees-still-needed-for-school-
maintenance-cocopea/story/
March 31, 2023
1:05 pm
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Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City, Metro Manila
NINETEENTH CONGRESS
First Regular Session
House Bill No. _______
Introduced by Honorable Ma. Alana Samantha Taliño Santos
AN ACT PENALIZING REFUSAL TO ENROLL STUDENTS, RELEASE CARDS AND
OTHER DOCUMENTS FOR CLEARANCE PURPOSES, IN PUBLIC SCHOOLS FOR
FAILURE TO PAY MISCELLANEOUS AND OTHER 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 Extortion of Miscellaneous
Fees for Enrollment and Clearance Act.”
Section 2. Declaration of Policy. - It is hereby declared the policy of the State to establish
and maintain a system of free, quality and accessible public education in the elementary and high
school levels. This Act aims to pursue this policy by penalizing teachers, principals,
administrative personnel and other school staff who refuse to admit students, release cards and
other documents for clearance purposes for non-payment of miscellaneous and other fees
Section. 3. Definition of Terms - For the purpose of this Act, the following terms shall
mean:
(a) “Miscellaneous” means fees which cover other cost supportive of instruction, including
but not limited to medical and dental, athletic, library, laboratory, school publication, Boy/Girl
Scouts membership, Red Cross membership, and Parent-Teacher Community Associations.
(b) “Other fees” means additional fees imposed by the school or educational institution
which are not included in the “miscellaneous fees’’.
(c) “School” means public elementary and high school.
Section 4. Offense. – Any public school teacher, principal, administrative personnel or
agent of such public teachers and principals in all public elementary and high schools that shall
require for admission or for the release of report cards, and test results, and for other clearance
purposes, the payment of miscellaneous and other fees shall be guilty of student extortion.
Section 4. Penalties. - Any person who commits the unlawful act enumerated in the next
preceding section shall be punished with imprisonment of not less than six (6) months and not
more than one (I) year or a fine of not less than five thousand (P5,000.00) pesos nor more than
ten thousand (Pl0,000.00) pesos or both, at the discretion of the court. This is without prejudice
to any administrative liabilities that may be imposed on the erring public school teacher,
principal, personnel or agent.
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Section 5. Implementing Rules and Regulations. – The Department of Education shall
formulate the rules and regulations necessary to implement the provisions of this Act within six
(6) months from its effectivity.
Section 6. Separability Clause. – If any portion or provision of this Act is declared
unconstitutional or invalid, the remainder of this Act or any provisions hereof not affected
thereby shall continue to be in force and effect.
Section 7. Repealing Clause. –Any law, presidential decree or issuance, executive order,
letter of instruction, rule or regulation inconsistent or contrary to the provision of this Act is
hereby repealed or modified accordingly.
Section 8. Effectivity Clause. – This Act shall take effect after fifteen (15) days following
its publication in the Official Gazette or a newspaper of general circulation.
Approved,