ate —

‘Batasan Wills, Queson City
Nineteenth Congress
First Regular Session

wouse ono. 3142

Introduced by Representative Florencio Gabriel “Bem G, Noel and Representative Josephine
Veronique “Jaye” Lacson-Noel

EXPLANATORY NOTE

Article XIV, Section 1 of the 1987 Philippine Constitution states:

"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
foal.”

Education is the most precious inheritance most Filipino parents can pass on to their
children, with the hope that this can help improve their quality of life. With this in mind, Fifipino
parents sacrifice so much in order to provide their children quality education.

In 2013, a freshman student who allegedly took her own life two (2) days after she was
forced to put her studies on hold because she could not pay her tuition. The said student was forced
to file a leave of absence for the second semester, despite her and her parents’ appeal to extend the
payment period for her tuition loan. '

The proposed bill seeks to prohibit private and public higher education institutions (HEIs),
as well as technical-vocational schools from enforcing the "No Permit, No Exam" policy which
essentially denies students the right to take examinations unless tuition fee payments are updated.
‘This is intended to aide students to achieve quality education by allowing them to focus on their
exams first, and worry about their tuition fees later.

In view of the foregoing, passage of this bill is earnestly sought.

FLORENCIO GABRIEL “BEM” NOEL
Representative
Waray Partylist

a

JOSEPHINE VERONI FAYE” LACSON-NOEL

Malabon, Lone District

https://newsinfo.inquirer.net/374303/cash-strapped-coeds-suicide-strs-up


Republic of the Philippines:

House of Representatives

Batasan Wills, Queson City
Nineteenth Congress
First Regular Session

3142

HOUSE BILL NO.

Introduced by Representative Florencio Gabriel “Bem” G. Noel and Representative Josephine
Veronique “Jaye” Lacson-Noel

AN ACT.

PENALIZING THE IMPOSITION OF A "NO PERMIT, NO EXAM" POLICY OR ANY
SUCH POLICY THAT PROHIBITS STUDENTS OF POST-SECONDARY AND
HIGHER EDUCATION FROM TAKING THEIR MIDTERM OR FINAL
EXAMINATION OR OTHER SIMILAR ASSESSMENTS 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 of 2022"
Sec. 2. Declaration of Policy. - It shall be the policy of the State to protect and promote the right
of all the citizens to quality education at all levels. The State shall take appropriate steps to make
such education accessible to all. Thus, it is hereby declared unlawful for any educational
institution, whether public or private to disallow any student from taking any examination due to
non-payment of tuition and other school fees.

Sec. 3. Coverage. - ‘This Act shall cover the following educational institutions:

a) Private elementary schools;

b) Private secondary schools;

¢) Public and private post-secondary technical -vocational institutes; and

) Public and private Higher Education institutions (HEIs), including local colleges.

Sec. 4, Right of the Students. - Students of post-secondary and higher education shall have the
right to take their preliminary, midterm, final examinations, or other similar assessments,
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
fees, which shall not be more than five percent (5%) 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.

Sec. 6. Right of the Schools. - The school authorities shall have the following rights against
students with financial obligations, which remain due and unsettled:

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

b) To deny admission or enrolment of any student having unsettled tuition or other
school fees at the next succeeding academic year, in the case of higher education,
‘or deny the issuance of a certificate in the case of postsecondary techni
vocational education, as the case may be, until the previous delinquencies are fully
paid;

¢) To refuse issuance of schoo! clearance to students with financial obligations to the
school until all previous delinquencies are fully paid.

‘Sec. 7. No Permit, No Exam Policy. - Schools shall be prohibited from adopting a "No Permit, No
Exam Policy", which limits the right to every student to take examinations notwithstanding the
existence of unpaid financial obligations to the school. Provided, that the parents or legal guardian
of the student accomplishes an undertaking (a form to be provided by the school), addressed to
the school, ing the amount and the date of payment, and after being issued a proof of such
compliance. The school shall reserve the right to pursue the recovery of the unpaid tuition fees
through proper court action where civil rights and liabilities may be judicially established and
collected. This shall not prohibit the student, parents, or legal guardians to seek informal means
of resolving tuition fee disputes or enter into an agreement with the school before proceeding to
court.

Sec. 8. Prohibited Acts. - The following acts shall be prohil
a)

owing students with due and unpaid tuition and other school fees from taking
examinations or providing a different schedule of cxam from the rest of the student
body; and

b) Requiring the students to secure a special permit to take the examinations from the
school authorities immediately prior to the administration of examinations.

Sec. 9. Penalties. Any educational institution official or employee, including deans, coordinators,
advisers, professors, instructors, principals, teachers 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
¢ of not less than Fifty Thousand Pesos (Php 50,000.00) but not more than One Hundred
Thousand Pesos (Php 100,000.00).

Sec. 10. Implementing Guidelines. - The Department of Education (DepEd), Technical Education
and Skills Development Authority (TESDA) and Commission on Higher Education (CHED) shall
issue the rules and regulations necessary to implement the provisions of this Act within sixty (60)
days from the date of its approval.

Sec. 11. Separability Clause. - If any provision or part of this Act is held invalid or
unconstitutional, the other sections or provisions hereof shall not be affected thereby and shall
remain in force and effect.

Sec. 12, Repealing Clause. - All laws, presidential decrees, executive orders, proclamations,
issuances, administrative order, rules and regulations contrary to or inconsistent with any
provision of this Act are hereby amended, repealed or modified accordingly.

Sec. 13. Effectivity Clause. - This Act shall take effect fifteen (15) days after its publication in
any two (2) newspapers of general circulation.

Approved,