Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

SEVENTEENTH CONGRESS
First Regular Session

4108

HOUSE BILL NO.

Introduced by TEDDY BRAWNER BAGUILAT

EXPLANATORY NOTE

The 1987 Constitution as well as international agreements with the Philippines as
a signatory such as the UN Declaration of Human Rights, International Convention on
Civil and Political Rights, Convention on Elimination of All Forms of Discrimination
Against Women, International Convention on Economic and Social Rights and
Convention on the Rights of the Child, mandate the state to ensure that rights of
students are to be protected and that access to quality education that is free and non-
discriminatory shall be provided

With an acknowledges that education is an important institution in ensuring that
all Filipinos are able to participate fully in society and nation-building and in inculcating
patriotism and nationalism, critical and creative thinking, and values necessary to
promote civil liberties, human rights and fundamental freedoms and by the recognition
that education as a right can only be exercised and enjoyed fully in a climate where the
rights and welfare of students and young Filipinos are promoted and protected, it is
therefore important to institutionalize students’ rights and welfare.

Furthermore, the affirmation that students shall have the right to meaningful
participation in the decision-making processes inside and outside educational
institutions, especially in the crafting and formulation of policies affecting them has to be
assured. As an integral part in the promotion of the democratic processes such as the
right of students to organize—which encompasses the right to establish student
organizations, student unions, and student councils and governments—and the
fundamental right to expression of students, have to be unabridged and autonomous
from the influences of educational institutions,

Although in recent years, several efforts made by government agencies to
protect and promote students’ rights and welfare such as the launch of a Students


Rights and Welfare (STRAW) Desk by the National Youth Commission (NYC) and the
publication and distribution of a National Student Handbook by the NYC and the
National Anti-Poverty Commission (NAPC). These efforts however proved inadequate
to afford students the protection and the access to free and non-discriminatory
environment as provided by the Constitution.

For these reasons, approval of this bill is therefore seriously sought.

EDDY B. BAGUILAT JR.


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Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

SEVENTEENTH CONGRESS
First Regular Session

4108

HOUSE BILL NO.

Introduced by TEDDY BRAWNER BAGUILAT

AN ACT PROVIDING FOR A NATIONAL POLICY
ON STUDENTS’ RIGHTS AND WELFARE

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 Students’
Rights and Welfare Act of 2016.

SECTION 2. Declaration of Policy. — The State:

(a) In accordance with several international human rights agreements,
including the International Convention on Civil and Political Rights, International
Convention on Economic and Social Rights, the Universal Declaration on Human
Rights, International Convention on the Rights of the Child, Convention on the
Elimination of All Forms of Discrimination Against Women, declares its
commitment to protect and promote the rights and welfare of Filipino students;

(b) Recognizes that education is a right and as such it can only be
exercised and enjoyed fully in a climate where the rights and welfare of students
and young Filipinos are promoted and protected;

(c) Acknowledges that education is an important institution in ensuring that
all Filipinos are able to participate fully in nation-building and the society and in
inculcating patriotism and nationalism, critical and creative thinking, and values
necessary to promote civil liberties, human rights and fundamental freedoms;

(d) Affirms that students have the right to meaningful participation in
decision-making processes inside and outside educational institutions, especially
in the crafting and formulation of policies affecting students, and the promotion of
this right is an integral part of the nation’s democratic processes;


(e) Affirms that the fundamental right to expression of students, and such
right shall be unabridged and autonomous from the influences of educational
institutions;

(f) Affirms the students’ right to organize, which encompasses the right to
establish student organizations, student unions, and student councils and
governments.

SECTION 3. Definition of Terms. As used in this Act the following shall
mean:

(a) Student - any person enrolled in the secondary, post secondary
tertiary, graduate and post graduate levels, including those enrolled in vocational
and technical education.

(b) Schoo! - any private, public or government-run and funded academic
educational institution offering any or all courses in the above-mentioned levels.

(c) School campus - the totality of all contiguous or proximate buildings,
grounds, and other facilities designated by the school authorities as areas or
facilities for the use of their students.

(d) Governing Board - the highest policy making body of the school such
as: Board of Directors, Trustees or Regents

(e) Student Council or Government - the body representing the whole
student population in one school or school campus whose officers are annually
elected at large by the whole student population pursuant to its charter or
constitution. This definition shall include student councils or governments at the
level of colleges, campuses, etc.

(f) Council of Leaders - the body composed of the heads of various
student organizations chaired by the President or Chairperson of the Student
Council or by any student duly elected by the student organizations.

(g) Tuition - the fee representing direct costs of instruction, training and
other related activities, and the use of school facilities. The term other school
fees refers to fees which cover other necessary costs supportive of instruction,
including but not limited to medical and dental, athletic, library , laboratory, and
NSTP fees.

SECTION 4. Right against discrimination in educational institutions —
No student shall be denied admission, expelled from an educational institution,
punished with disciplinary action, including mandatory counseling, or denied
welfare services, scholarships and other privileges on the basis of his/her
physical handicap, socio-economic status, political and religious beliefs, sexual
orientation, or membership in student organizations. Pregnant students, certified
reformed drug abusers, and students with HIV/AIDS shall not be discriminated
against.

SECTION 5. Right to competent instruction and relevant quality
education. — Every student shall have the right to competent instruction and


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quality education relevant to his/her personal and cultural development and that
of the nation. To achieve this goal, schools and educational institutions are
required to enforce a written evaluation of the performance of teachers by
students at the end of the school term

SECTION 6. Right to organize. - (a) The right of students to form, assist,
or join organizations, alliance, or federations along their physical, intellectual,
moral, cultural, civic, spiritual, and political interests shall not be abridged

(a) The Office of Student Affairs, in coordination with the student council or
government, shall take charge in the accreditation of student organizations. The
guidelines for accreditation of student organizations shall be formulated by the
student council and the heads of all student organizations.

(b) The Office of Student Affairs shall have the mandate to implement the
guidelines and mediate in conflicts emerging from the accreditation process.
Accreditation of student organizations shall be granted upon the submission of a
formal letter of application for accreditation, constitution, list of activities, and list
of officers. The Office of Student Affairs may impose sanctions on inactive
organizations.

(©) The Office of Student Affairs shall coordinate on and off campus
activities of student organizations.

(d) The school administration shall endeavor to provide, free of charge, a
hall or building to house the offices of student organizations within the premises
of the school. Furthermore, whenever possible, the school administration shall
allow student organizations to use school facilities free of charge;

(e) Acts that impair the right of students to organize are prohibited:

1. Signing of waivers or similar documents that use membership to any

organization as a basis for admission to or expulsion from schools,

including the imposition of disciplinary actions;

Imposition of unreasonable requirements on student organizations

seeking recognition;

3. Discriminatory policies in the assignment of school facilities and in
granting other privileges to student organizations;

4, Excessive charges for the use of school facilities;

5. Excessive fees imposed by student organizations to members, and;

6. Imposition of unnecessary requirements for admission and continued
membership to a student organization including, but not limited to,
hazing or other acts prohibited under RA 8049, or the Anti-hazing law.

SECTION 7. Right to establish a student council or government. - (a)
There shalll be one (1) university student council or government for each school,


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college, or university campus that shall be recognized by the schools, colleges
and universities concerned. It shall have its own set of officers elected in annual
popular elections.

(b) There shall be a Constitution or Charter of the Student Council or
Government crafted by the head or representatives of all student organizations in
a school and ratified through a two-thirds (2/3) vote by the student body that shall
lay down the organization, functions, and responsibilities of the student council or
government. Representation for unorganized students shall be ensured for the
crafting of the draft constitution or charter.

(c) Every student council or government shall have the right to determine
its policies and programs on student activities subject to the Student Council or
Government charter or constitution and to school rules and regulations provided
that the latter does not infringe on basic rights and freedoms of students;

(d) There shall be an independent Commission on Elections (COMELEC)
that shall oversee the honest, orderly, and peaceful conduct of election of officers
of the student council or government. The COMELEC shall be chosen from a list
of nominees provided by the heads of student organizations. The school must
provide sufficient funds to the COMELEC to ensure that it is able to function

(e) There shall a fee to be collected from students to finance the
operations of the student council or government, the amount of which shall be
determined by the student council or government in consultation with the student
body. The school administration shall facilitate the collection of the student
council or government fee and shall turn over the collected amount to the student
council or government within fifteen (15) days after the start of the semester or
school period. The student council or government shalll issue to the student body
a financial report at the end of its term. To take effect, a proposal to increase the
student council or government fee shall require a vote of simple majority by the
student body

(f) No policy restricting the right of student councils or governments to join
federations or alliances of student councils or governments shall be imposed by
the school administration.

SECTION 8. Right to publish a student newspaper and other similar
publications. — (a) In accordance with RA 7079 or the Campus Journalism Act
of 1991, students shall have the right to publish student newspaper and other
similar publications.

(b) The editorial staff of the student paper shall be comprised of students.
No person who is not a member of the publication shall determine its content.
The role of the faculty adviser in the student paper shall be limited to technical
assistance.


(c) The selection of the student Editor-in-Chief and the members of the
editorial board shall be conducted annually through a fair and competitive
examination to be administered by an impartial Board of Judges, which shall be
comprised of professional journalists, representatives from the faculty, the
student body.

(d) Ethics in journalism shall be observed by the editorial staff. It shall be
the responsibility of the editorial staff to ensure that the student paper is not used
for purposes contrary to law.

(e) Unless sooner removed for cause and with due process, the Editor-in-
Chief and editorial staff shall be assured of security of tenure for the duration of
his/her prescribed term;

(f) The student publication shall be financially autonomous from the school
administration. A fee for student publication shall be collected from students and
shall be held in trust by the school administration. No policy shall be imposed by
the school administration to hamper the access of the editorial board to the
student publication fund, subject to existing regulation in the disbursement of
funds. The school administration shall also be prohibited from using the
aforementioned fund. At the end of each term, the editorial board shall publish a
financial statement.

SECTION 9. Right to adequate welfare services and academic
facilities. — Denial of access to adequate welfare services and academic
facilities shall be prohibited. These services and facilities shall include:

(a) Free annual physical check-up to the students;

(b) Legal assistance in cases involving the exercise and enjoyment of
rights and freedoms stipulated in this Act;

(c) Counseling;

(d) Adequate laboratory, library, research, recreation and physical
education facilities;

(e) Communications system to ensure that students are promptly notified

of letters and other relevant information, and;

Adequate, safe and clean housing facilities, such as dormitories, for

students inside campuses. In case the school has no in-campus

dormitories or housing facilities, the school administration and the

student council or government shall be required to accredit out-of-

campus dormitories. Students shall be encouraged to stay in the

accredited dormitories.

(f

SECTION 10. Representation in the school's highest policy-making
body. - There shall be a student representative in the highest policy-making
body of the school. He or she shall be chosen through a selection process
formulated and crafted by the student council and government and shall have the


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same rights as that of the regular members of the same body. Provided,
however, that his or her privileges shall be limited to the actual expenses
incurred in attending meetings of the aforementioned body. Provided, further,
that the aforementioned student representative is prohibited from taking any
other position in public offices or student council or government.

SECTION 11. Right to information. — The right of students to information
on matters affecting their welfare shall be recognized. Therefore, students shall
have access to the school’s official acts, transactions or decisions relating to
students’ rights and welfare subject only to reasonable regulations.

SECTION 12. Right to freedom of expression. — (a) Students shall have
the right to freely express their views and opinions. They shall have the right to
peaceably assemble and petition the government and school authorities for the
redress of their grievances. No school regulation shall be imposed violating or
abridging the student's right to assembly.

(b) Student shall have access to print and broadcast media in their
information activities. They shall also have the right to print, circulate and/or
mount leaflets, newsletters, posters, wall news, petitions and such other
materials, School authorities shall ensure the provision of facilities such as
bulletin boards for the mounting of the aforementioned materials.

(c) School authorities are required to designate a certain area within
school premises where students can express their grievances or organize
activities.

SECTION 13. Academic freedom. — Students’ academic freedom shall
consist of, but not limited to, the following

(a) To conduct researches in connection with academic work, and to freely
discuss and publish their findings and recommendations;

(b) To conduct inquiry within the campus in curricular and extra-curricular
activities;

(c) To choose a field of study and to pursue the quest for truth; to express
their opinion on any subject or public or general concern which directly
or indirectly affects the students of the educational system;

(d) To invite off-campus speakers or resource persons to student-
sponsored assemblies, fora, symposia, and other similar activities;

(e) To express contrary interpretations or dissenting opinions inside and
outside the classroom;


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(f) To participate in the drafting of a new curriculum and in the review or
revision of the old;

(g) To participate in the drafting and/or revising of the student handbook
which shall include the school rules and regulations, a copy of which
shall be furnished the students upon admission to the school; and

(h) To be free from any form of indoctrination leading to imposed
ideological hegemony.

SECTION 14. Right to due process. — The right to due process of
students subjected to disciplinary proceedings shall be observed and respected.

(a) He shall have the right to defend himself, to be heard and to present
evidence on his behalf before an impartial body.

(b) There shall be an independent Student Disciplinary Board to be
composed of one (1) representative from the school administration, two (2)
faculty members and two (2) students to conduct investigations into and decide
on cases of student violations of disciplinary standards. The member from the
administration shall serve for five years, the members from the faculty for three
years, and the members from the student body for one year. The faculty and
student representatives shall be endorsed by the student council or government.
The Student Disciplinary Board shall formulate the guidelines for the imposition
of the disciplinary proceedings.

(c) The blacklisting, expulsion, suspension and other such disciplinary
sanctions that maybe taken against a student shall not be valid unless the
following rights have been observed and accorded the student:

4.) The right to be informed in writing of the nature and cause of the
accusation against him/her;

2.) The right to confront witness against him/her and to full access to the
evidence in the case;

3.) The right to defend himself/herself and to be defended by a
representative or counsel of his/her choice, adequate time being given
to him/her for the preparation of his/her defense;

4,) The right to a hearing before the Student Disciplinary Board;

5,) The right against self-incrimination; and

6.) The right to appeal adverse decision of the Student Disciplinary Board
to the governing board and ultimately to the appropriate education
agencies.

7.) The right to confidentiality

(d) The decision in any disciplinary proceeding must be rendered on the
basis of relevant and substantial evidence presented at the hearing, or at the


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least contained in the record and disclosed to the student affected. The deciding
body should, in all controversial questions, render its decision in such a manner
that the issues involved, and the reasons for any decision rendered are made
clear to the student.

(e) Subject to existing laws, a decision on a case or complaint filed before
the Student Disciplinary Tribunal shall be resolved within three (3) months after
the filing of such a case or complaint.

(f) The Office of the Guidance Counselor of the respective schools in
consultation with the Student Disciplinary Board shall publish on a periodic basis
acts that are deemed violative of the school rules and regulations and the
corresponding disciplinary sanctions. Provided, that such rules and regulations
do not violate the rights guaranteed herein and under the Constitution.

SECTION 15. Right against illegal searches and seizures. — except for
the following instances, any form of unreasonable search and seizure shall be
illegal:

a)

Searches made at the point of ingress and egress by authorized
personnel of the school;

Searches and seizure of articles deemed illegal under existing laws
falling in the plain view of duly authorized personnel;

Searches and seizures of articles that are illegal, discovered
inadvertently by duly authorized personnel;

Searches made when the student is about to commit, is committing or
has just committed a crime or a serious infraction of the school's rules
and regulations;

e) Searches made with a valid search warrant.

b)

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d)

Articles seized in violation of the hereinabove provided rights shall not be
used as evidence against the student in any disciplinary action that may be
brought against him/her.

SECTION 16. Access to school records and issuance of official
certificates. - Every student shall have access to his/her own school records, the
confidentiality of which the school shall maintain. He/She shall have the right to
be issued official certificates, diplomas, transcripts of records, grades, transfer
credentials and other similar documents within thirty (30) days from the filing of
request and accomplishment of all pertinent requirements.

SECTION 17. Right to privacy. — The privacy of communication and
correspondence of students shall remain inviolable.

SECTION 18, Firearms ban. — The carrying of firearms or explosives in
schools or campuses shall be banned


SECTION 19. School fees and other tariffs. —
(a) All involuntary contributions shall be prohibited,

(b) In releasing documents, academic records, and similar certifications,
schools are prohibited from imposing fees beyond the actual cost of reproducing
the documents.

(c) Minimum standards in consultation shall be strictly observed in
imposing tuition fee increases. To this end, no tuition or other school fee increase
shall be allowed unless the following procedures are observed:

1.) Posting of notice of increase in tuition or other school fees in
conspicuous locations a year prior to the implementation of the
proposed increase. The heads of student organizations and student
council or government officers shall also be directly notified about the
proposed increase.

2.) At least one public meeting shall be held with students, heads of
student organizations and student council or government officers to
discuss the proposed increase. This shall be attended by the President
of the school and at least one member of the Governing board.
Parents of students shall be allowed to attend the public meetings.

3.) All documents pertaining to the proposed increase shall be made
available to the student council or government

4.) Prior to the final approval of the proposed increase, the student body
shall be allowed to present their position to the Governing Board on the
proposed increase.

SECTION 20. Rules and Regulation. — The Department of Education,
TESDA, Commission on Higher Education, and Commission on Human Rights,
together with the representatives of national student organizations,
representatives of school administrations and the National Youth Commission
(NYC) shall promulgate the necessary rules and regulations to implement the
provisions of this Act with ninety (90) days from the approval of this Act.

SECTION 21. Administrative sanctions. — The Department of
Education, Commission on Higher Education, and TESDA are hereby vested
with powers necessary to investigate and impose administrative penalties to
ensure the enforcement of this Act. Any student, student council or government,
or national organization of student councils, governments, or organizations, may
file complaints before the aforementioned agencies.

The appropriate education agency shall cause the suspension or
revocation of the license or permit of any school, college or university found to be
guilty of violating rights guaranteed under this Act. A fine not less than two
hundred thousand pesos (P200,000.00) but not more than five hundred thousand


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pesos (P500,000.00) shall be imposed on any school, college or university found
liable for violating this Act.

Upon final judgment, the appropriate education agency may recommend
to the Department of Justice the prosecution of any school, college or university
before a regular Court for violating the provisions of this Act

If the offender is a student or a student organization, the school, college or
university shall cause, depending on the gravity of the offense, the suspension or
expulsion of the offending student and/or the suspension or revocation of the
accreditation of the offending organization, including other administrative
penalties, subject to the establishment of guidelines to be crafted by the school
administration with the student council or government, student organizations and
the student body.

SECTION 22. Penal Provisions. —

(a) Any person who shall willfully interfere with, restrain or coerce any
student in the exercise and enjoyment of rights guaranteed by this Act shall,
upon conviction, be punished by a fine of not less than Fifty Thousand Pesos
(P50,000,00) but not more than One Hundred Thousand (P100,000.00) Pesos or
by imprisonment for not less than one year but not more than five years, or both
at the discretion of the Court.

(b) If the offender is a juridical person, the penalty shall be imposed upon
the President, Treasurer, Secretary or any officer or person responsible for the
violation. If the offender is a public officer or employee, the Court shall, in
addition to the penalties above, order his or her dismissal from government
service

(c) Refusal of any government official, including those working in state
colleges and universities, whose duty includes investigating or acting on any
complaint for a violation of this Act to perform his or her duty shall be considered
as gross negligence on the part of such official who shalll suffer the appropriate
penalty under civil service laws, rules and regulations.

(d) Any student whose rights have been violated as stipulated in this Act
may file independent civil cases for damages against the offending persons,
natural or juridical. He or she shall be exempt from filing fees.

SECTION 23. Oversight. —

(a) The Department of Education, TESDA and Commission on Higher
Education shall monitor the implementation of this Act. They shall submit an


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annual report to the Office of the President and Congress, For this purpose, the
aforementioned agencies may avail the support of national student organizations.

(b) An Oversight Committee is hereby created composed of two (2)
members each from the Committee on Basic Education and two (2) members
from the Committee on Higher Education of the Senate and House of
Representatives, to be constituted and co-chaired by the head of the committees
to evaluate and monitor the implementation of this Act. The Oversight Committee
shall automatically consider the reports of the concerned government agencies,
student organizations, and student councils and governments.

SECTION 24. Separability Clause. - If any part or provision of this Act is
held unconstitutional or invalid, other provisions hereof which are not affected
thereby shall continue to be in full force and effect.

SECTION 24. Repeating Clause.- All laws, decrees, orders, rules, and
regulations or other issuances or parts thereof, inconsistent with the provisions of
this Act are hereby repealed or modified accordingly.

SECTION 28. Effectivity. - This Act shall take effect fifteen (15) days
after its complete publication in two (2) newspapers of general circulation

Approved,