Republic of the Philippines 
SENATE OF THE PHILIPPINES 
Pasay City 
SIXTEENTH CONGRESS 
First Regular Session 
S. B. No.2155 
INTRODUCED BY SENATOR SONNY ANGARA 
"14 
MAR -3 P5 :24 
RECEIVEIl HV .. ' f'-
AN ACT TO EXPAND ACCESS TO EDUCATION THROUGH OPEN LEARNING AND 
DISTANCE EDUCATION IN POST-SECONDARY AND TERTIARY LEVELS OF EDUCATION, 
APPROPRIATING FUNDS THEREFOR AND FOR OTHER PURPOSES 
EXPLANATORY NOTE 
Recently, the Philippines registered enormous gains in the global arena. From the Ease 
of DOing Business Survey of the International Finance Corporation (IFC) to the World 
Competitiveness Yearbook (WCY) of the International Institute for Management and 
Development (IMD), our country has been stepping up in terms of its competitiveness rankings. 
But while we jumped from 65th to 59th in the 2013 Global Competitiveness Index of the 
World Economic Forum (WEF), we still rank low in terms of education compared to our 
neighbors. Among ASEAN countries, we rank 8th out of 10 in Health and Primary Education; 
and 6th out of 10 for Higher Education and Training. 
In 2011, the National Statistics Office reported that 1 out of every 8 Filipinos 6 to 24 
years old-some 6.24 million-is considered an out-of-school youth or has not finished college 
or any post-secondary course. Clearly, access to education remains problematic, stifling the 
opportunities open to the poor and unemployed-some 12.1 million Filipinos, as reported by the 
SWS in February 2014. 
No less than the Philippine Constitution enshrines an "educational for all" policy as a 
foremost national goal. On top of establishing a system of free elementary and secondary 
education, Article XIV, Section 1 mandates that the state should, "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." 
Open Learning and Distance Education programs in post-secondary and higher 
education institutions (HEls) help widen access. Through technology and novel institutional 
arrangements, such programs allow youths to gain an education without the constraints of being 
full-time students. 
The foregoing measure aims to institutionalize Open Learning and Distance Education 
throughout the country. Hence, it's swift passage is earnestly sought. 


1 
2 
3 
4 
S 
6 
7 
8 
9 
10 
11 
12 
13 
14 
15 
16 
17 
18 
19 
26 
21 
22 
23 
24 
25 
26 
27 
28 
29 
30 
31 
32 
33 
34 
SIXTEENTH CONGRESS OF THE PHILIPPINES ) 
REPUBLIC OF THE PHILIPPINES 
) 
First Regular Session 
) 
'14 
I'I~R -3 P5 :24 
S. B. No. 
2155 
Introduced by: HONORABLE JUAN EDGARDO "SONNY" ANGARA 
AN ACT TO EXPAND ACCESS TO EDUCATION THROUGH OPEN LEARNING AND 
DISTANCE EDUCATION IN POST-5ECONDARY AND TERTIARY LEVELS OF EDUCATION, 
APPROPRIATING FUNDS THEREFOR 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 "Open Learning 
and Distance Education Act of 2013. II 
SEC. 2. Declaration of Policy. - It is hereby declared the policy of the State to 
expand and further democratize access to quality education at the post-secondary and 
tertiary levels through the promotion and application of open learning as a philosophy of 
access to educational services, and the appropriate, efficient and effective 
implementation of distance education as a system of delivering quality post-secondary 
and tertiary educational services in the country. 
SEC. 3. Coverage. This Act shall apply to public and private hi9her education 
institutions (HEls) and post-secondary technical/vocational schools in the Philippines 
which have existing open learning and distance education programs, and to other 
tartiary and tachnical{vocational institutions which shall later be authQrized as qualified 
implementors of open learning and distance education programs. 
SIiC. 4. Definition of Terms. -
~or purposes of this Aot, the following terms are 
hereby defined: 
(a) 
Open Learning - refers to a philosophy of learning that is quality-
assured, open to people, methods, places and ideas, and is highly 
flexible and learner-centered, enabling the latter to learn at the time, 
place and pace which satisfy the person's circumstances and 
requirements; 
(b) 
Distance Education - refers to a mode of educational delivery whereby 
the teacher and learner are separated in time and space, and the 
instruction is delivered through specially designed materials and 
methods using appropriate technologies and learning management 
systems and supported by organizational and administrative 
structure.s and arrangements. It enables learning to take place from a 
distance, virtually and differently from the conventional classroom or 
traditional mode; 


1 
2 
3 
4 
5 
6 
7 
8 
9 
10 
11 
12 
13 
14 
15 
16 
17 
18 
19 
·2Q 
21 
22 
23 
24 
25 
25 
27 
28 
29 
30 
31 
32 
33 
34 
35 
36 
37 
38 
39 
40 
41 
42 
43 
44 
45 
46 
47 
48 
49 
50 
51 
52 
53 
54 
55 
56 
(c) 
Open University/College/Institution -
refers to a higher education 
institution 
that is a separate, autonomous, and degree-granting academic entity 
which employs operational procedures and strategies of an open 
learning institution; 
(d) 
Center/Institute/School of Distance Education - refers to a subsidiary 
of a higher education institution (HEI) which offers distance education 
programs, but is not qualified to be called an Open University, and 
whose degrees are awarded by the HEI; 
(e) 
Higher Education Institution - refers to an institution of higher learning 
in the Philippines which primarily offers degree-granting programs, 
Including post-secondary degree granting vocational and technical 
institution duly recognized by the Commission on Higher Education 
(CHED)and the Technical Education and Skills Development 
Authority (TESDA); 
(f) 
Tertiary Education - refers to the higher learning level after high school 
offering baccalaureate, graduate or post-graduate programs; 
(g) 
Post-Secondary Education 
- shall refer to non-degree technical-
vooational programs accredited by TESDA; and 
(h) 
Technical-Vocational Programs - refers to post-secondary certificate 
courses, officially recognized as non-degree programs aimed at 
preparing technicians, paraprofessionals and other categories of 
middle-level workers by providing them with a broad range of general 
education, theoretical, scientific and technological studies, and 
related job skills training. 
SEC. 5. Institutionalization of Distance Education. - Distance education is 
hereby institutionalized in the Philippines in accordance with the provisions of this Act. 
Due dili~ence is likewise encouraged in seeing to it that eqUivalence or comparability 
with eXisting standards in both the traditional/residential or alternative education 
systems is ensured. 
SEC. 6. Admission and Other Academic Policies and Requirements. -
Admission and other academic policies and requirements in HEls offering tertiary 
education through distance education programs shall be governed by a set of policies, 
standards and requirements set for tertiary education by duly authorized academic 
bodies such as Board of Regentsrrrustees, University/Faculty Councils, and/or the 
Commission on Higher Education, and for technical-vocational courses in the post 
secondary level by the Technical Education and Skills Development Authority such as, 
but not limited to, the following: 
(a) Completion of secondary education; 
(b) Passing an entrance examination given by the HEI or post-
secondary school; and 
(c) Compliance with the other admission requirements of the admitting 
higher education or post secondary institutions that are instituted in 
accordance with the standards set by the CHED and TESOA, 
respectively. 


1 
SEC. 7. Program, Curricllium and Course Development Offerings and 
2 
Requirements. -
Course offerings and programs of distance education schools 
3 
should be comparable in standards, practice and policies to other HEls. Curricula, 
4 
requirements for admission and graduation should also be at par with traditional or 
5 
conventional systems, and should similarly be subject to regulations by appropriate 
6 
authQrities like CHEO Qf TESOA. 
7 
8 
There shall be defined a set of courses/subjects and/or examinations, and/or 
9 
speoial projeots and aotivities, the oompletion of whioh shall be required for graduation 
10 
from the academic degree program, and which shall be equivalent to those under the 
11 
conventional mode of instruction. The following shall also be considered: 
12 
13 
(a) The place, pace, and mode of study of the stUdent shall be at the 
option 
14 
and convenience of the student within the time frame as may be 
prescribed 
15 
by the learning institution: Provided, That, the content, context 
and conduct 
16 
of examination shall be determined by the institution; 
17 
18 
(b) The institution concerned shall formulate and implement a mechanism to 
19 
monitor the academic progress of the students; 
20 
21 
(c) The curricular offerings using the open learning philosophy which are offered 
22 
through the distance education mode shall conform to respective pOlicies, 
23 
standards, and ~uidelines for distance education of CHED and TESDA; 
24 
25 
(d) Completion of all the requirements for the academic program shall be 
26 
(;!vict(;!n«ect by th(;! award of tht:! appropriat(;! a«adt:!tnit< degr(;!e; and 
27 
28 
(e) For the practice of the profession for which one has acquired the 
29 
necessary academic credentials through distance education, the existing 
30 
requirements of passing a board examination shall apply. 
31 
32 
SEC. 8. Mode of Delivery. Open Learning/Distance Education may be delivered 
33 
using information and communications technology and other approaches, such as but 
34 
not limited, to the following: 
35 
36 
(a) Print - textbooks, study guides, workbooks, course syllabi, 
37 
correspondence feedback, and other print formats; 
38 
39 
(b) Audio-Visual- radio, audio cassettes, slides, film, videotapes, 
40 
television, telephone, fax, audio-conferencing, and video-conferencing; 
41 
42 
(c) Electronic/Computer Technology and Virtual Classrooms -
CD-ROM, 
43 
electronic mail, e-bulletin boards, world-wide web, podcasts, rn-Iearning, i-
44 
lectures, e-Iearning or online learning management systems; and 
. 
45 
4§ 
(g.) fac;;~-tQ-fa~ §e§§iQn§ -
c;;Qndyc;;t~d in l~aming and §tyQ.y Q~nt~r§, 
47 
48 
SEC. 9. Support to Open Learning and Distance Education Programs. '- The 
49 
CHED, TESDA and the University of the Philippines Open University (UPOU) shall 
50 
provide support to higher education institutions and post secondary schools in 
51 
developing and providing high quality programs and offerings in open, distance and 
52 
online learning. This support includes, among others: 
53 
54 
(a) Training of qualified teachers, Qroviders and other professionals; 
55 
56 
(b) Curriculum, courseware and program development; 
57 


1 
2 
3 
4 
5 
a 
7 
8 
9 
10 
11 
12 
13 
14 
15 
16 
17 
18 
19 
20 
21 
22 
~;} 
24 
25 
26 
27 
28 
29 
30 
31 
32 
33 
34 
35 
36 
37 
38 
39 
40 
41 
42 
43 
44 
45 
46 
47 
48 
49 
50 
a1 
52 
53 
54 
55 
56 
57' 
(c) Cyber infrastructure planning, resource sourcing and implementation; 
(d) School operations and management planning and development, 
including support services, learning management systems, instructional 
design and development, and research on emerging technologies; and 
(e) Institutional linkages and networking. 
SEC. 10. Support to Students. - Any student enrolled in open learning and 
distance education programs under the auspices of this Act shall have access to all 
privileges, opportunities and entitlements that a student similarly situated under the 
conventional system of instruction may have access to, including, but not necessarily 
be limited to, availment of scholarships, grants, and loans from the government or 
government-administered funding sources. Specifically, HEls and post-secondary 
schools engaged in open learning and education programs shall be tasked to perform 
the following student support services: 
(a) Provide clear admission pOlicies and procedures for applicants; 
(b) Maintain faculty-student dialogue and interactivity through virtual 
, classrooms linked electronically 'or through established learning centers 
or both, whichever may be feasible, to ensure greater knowledge 
!!h§ring, !'AQQe~~ to counseling and other support services; 
(c) Provide for an efficient and reliable communication system, feedback 
mechanism, especially on learners' academic progress, and multimedia 
support; 
(d) Show evidence of regular monitoring of learners' progress; and 
(e) Provide a wide range of relevant, updated and accessible learning 
resources that are easily accessible to student~. 
SEC. 11. Role of the University of the Philippines Open University. The 
University of the Philippines Open University, hereinafter referred to as the UPOU, 
shall be deSignated as the National Open University. As such, it shall: 
(a) Provide leadership in the development of open learning and distance 
education expertise in the country and in the appropriate use of information 
and communications technologies in support of quality higher education; 
(b) Promote best practices in open learning and distance education in the 
Philippines; 
(c) Share knowledge through informed and innovative research and other 
development activities related to distance education through its exemplar 
policies, programs, materials, learning management systems guidelines and 
offerings; 
(d) Provide technical assistance to CHED and TESDA on matters relating to 
distance ed.ucation policies, guidelines and standards, particularly in 
implementing an accreditation system for open learning and distance 
education programs and institutions in the country; 
(e) Design model curricular programs which shall serve as prototype programs 
upon which similar programs to be offered by other HEls in the country shall 
be patterned after; 


1 
2 
(f) Develop and 
promote 
appropriate 
information 
and 
communication 
3 
technologies to facilitate quality open learning and distance education 
4 
programs in the country; 
5 
I;? 
(g) QI!!§ign s.mc;\ prQc;\Y~ glJ~Jity !~Il\ming mll\t~ri§!§ ~nc;\ Qtlj~gt§, tlQth in print ~nc;\ 
7 
multimedia formats, for higher education and post-secondary instruction in 
8 
the country; 
9 
10 
(h) Make instructional materials for distance education programs accessible to 
11 
the public through collaborative arrangements and other appropriate 
12 
mechanisms; 
13 
14 
(i) Assist other interested educational institutions in developing their distance 
15 
education programs, courses, and materials for specific learner groups or 
16 
the public at large; and 
17 
18 
(j) Design and implement a continuing program to develop high level expertise 
19 
in the fields of open learning and distance education in the Philippines 
20 
through quality formal academic degree programs and non-formal courses 
21 
through either or both distance ancf face-to-lace modes of instruction and 
22 
training; and 
23 
24 
(k) Help capacitate distance education teachers and practitioners through 
25 
capacity building and professionalization programs. 
26 
27 
SEC. 12. Roles of the CHED and the TESDA. - The CHED and the TESDA 
28 
shall be the respective regulators of HEls and post-secondary schools involved in 
29 
open learning and distance education. As such, they shall: 
30 
31 
(a) Formulate, promulgate, disseminate and implement the necessary policies, 
32 
standards, guidelines, rules and regulations for the effective implementation 
33 
of distance education in the country; 
34 
35 
(b) Formulate and implement strategies to improve the quality of distance 
36 
education programs and implement a system of quality control for open 
37 
learn in!:! and distance education in the country; 
38 
39 
(c) Monitor and evaluate existing open learning and distance education 
4Q 
program!l and !lff!lct th!'! continuation Qr cIO!M!l of pmgram!l in accordance 
41 
with the provisions of the implementing rules and regulations for distance 
42 
education in the country; 
43 
44 
(d) Review and approve or disapprove proposals from higher education 
4~ 
institutions for the implementation of new distance education programs; and 
46 
47 
(e) Recommend to the Department of Budget and Management (DBM) the 
48 
budget for distance education programs of qualified state higher education 
49 
institutions and public post secondary schools based on the respedive 
50 
monitoring and evaluation results of the CHED and TESDA. 
51 
52 
SEC. 13. Roles of Broadcast Media and Telecommunications Networks. -
53 
Broadcast media and telecommunications networks are encouraged to provide as 
54 
much assistance and cooperation to higher education institutions offerin9 open 
55 
learning and distance education programs. Such assistance may include, but not 
56 
necessarily be limited to, the transmission of learning materials for formal and non-
57 
fQtmalcour!l!l!ltQlearnersnQt only within the Philippines, Ilut also Qutside the cQuntry. 


· 
" 
1 
2 
SEC. 14. Independent Evaluation. - In aid of better policy making, the CHED 
3 
and TESDA shall enter into an agreement with the Department of Science and 
4 
Technology (DOST) and other reputable research institutions to conduct an 
5 
independent evaluation of the state, regulatory governance, quality, concerns, 
6 
challenges and prospects of open learning and distance education in the Philippines. It 
7 
shall survey a diverse group of HEls with respect to size, mission and geographic 
8 
distribution. 
S 
10 
SEC. 15. Interim and Final Report. The agreement under Section 14 shall 
11 
require that the DOST submit to the CHED Chair and the TESDA Director-General, 
12 
the Senate Committee on Education, Culture and the Arts, and the House Committee 
13 
on Higher and Technical Education the following: 
14 
15 
(a) An interim report regarding the evaluation under Section 14 not later 
16 
than six (6) months after the date of enactment of this Act; and 
17 
18 
(b) A final report regarding such evaluation not later than one (1) year after 
19 
the date of the enactment of this Act. 
20 
21 
SEC. 16. Tax Incentives. - Any donation, contribution, bequest and grant, in 
22 
cash and/or services which may be made by individuals and organizations, including, 
23 
but not limited, to private entities such as private schools, broadcastinQ companies, 
24 
telecommunications networks which shall provide appropriate materials, time and 
25 
delivery support services for the promotion of open learning and distance education in 
2§ 
P~rtn~r~hjp with 
HEI~ q~Hv~ring a\:!~q~mi\:! q~gr~~ pr()grams through 
clistam;~ 
27 
education, shall be exempt from the donor's tax and the same shall be considered as 
28 
allowable deduction from the gross income in the computation of the income tax of the 
29" 
dO'nor in accordance with the provisions of the National Internal Revenue Code of 
30 
1997, as amended. 
31 
32 
SEO. 1j. Implementing Rules and Regulations. - The CHED, through its 
33 
Technical Panel for Distance Education, the Technical Education and Skills 
34 
Development Authority, and the UPOU, in consultation with relevant stakeholders in 
35 
higher and technical education, are hereby mandated to formulate the rules and 
36 
regulations to implement this Act within a period of ninety (90) days from the effectivity 
37 
thereof. 
38 
39 
SEC. 18. Appropriations. - The amount necessary to carry out the provisions of 
40 
this Act shall be included in the respective budget of the CHED, TESDA, UPOU arid 
41 
higher education institutions and post-secondary technical/vocational schools which 
42 
have existing open learning and distance education programs in the annual General 
43 
Appropriations Act. 
44 
45 
SEC. 19. Separability Clause. - If any provision of this Act or any part thereof be 
46. 
dl9.Glafl9.d unGonstitutional Of invalid, thl9. same shall not affect thl9. validity of the other 
47 
provisions of this Act. 
48 
49 
SEC. ,20'. Rej'fiiJliJJg CliJiise. - An laws, decrees, orders, rules and regulations or 
50 
parts thereof which are inconsistent with the provisions of this Act are hereby 
51 
repealed, amended or modified accordingly. 
52 
53 
SEC. 21. Effectivity. - This Act shall take effect fifteen (15) days after its 
54 
publication in a newspaper of general circulation. 
55 
56 
Approved,