\ SIXTEENTH CONGRESS OF THE REPUBLIC 
OF THE PHILIPPINES 
First Regular Session 
SENATE 
) 
) 
) 
Senate Bill No, 3 72 
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'13 
JUL -3 P2 :12 
INTRODUCED BY SEN. JINGGOY EJERCITO ESTRADA 
EXPLANATORY NOTE 
One of the biggest foundations of a progressive nation is an educated population. 
Development in the different areas of knowledge such as science and technology, 
business, medicine, social science and others have brought about drastic advancement 
in our present society. In an increasingly demanding and dynamic global economy, 
competitiveness, more tl1an an aavantage, is a mUst. 
As expressed in the Philippine Constitution, education is one of the priorities of 
the State. Aside from the basic needs of food, shelter and clothing, educati9n is one of 
the primary necessities that the State should provide its constituents. While the private 
sector is an active participant in the promotion of education at present, the bovernment 
should still lead in ensuring its quality and accessibility. 
Accordingly, it should be recognized that the full development of the students is 
not dependent merely on books and lectures. Aside from providing them with an 
environment conducive to learning, it is the duty of the State to ensure the quality of 
education that goes beyond the corners of the classroom; for indeed the true lessons in 
life are gained in tfle i'eal World. HoWeVer, me present formal edUcational system flas, 
in one way or another, deprived the students of the chance to develop their full 
potential. 
This Magna Carta for students intends to equalize the chance of the students to 
admission in school and to avail of competent and quality education. It seeks to provide 
measures to ensure that the students are able to exercise their rights to organize, right 
to participate in policy-making, right to academic freedom, and right to free expression 
ana ii'lfor'matioi'i. 
For these reasons, the passage of this bill is earnestly sought. 
Senator 


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SIXTEENTH CONGRESS OF THE REPUBLIC 
OF THE PHILIPPINES 
First Regular Session 
SENATE 
Senate Bill No. 
:3 7 2 
) 
) 
) 
'13 JUl-3 P2 :12 
INTRODUCED BY SEN. JINGGOY EJERCITO ESTRADA 
AN ACT 
PROVIDING FOR THE ESTABLISHMENT OF THE MAGNA CARTA OF 
STUDENTS 
Be it enacted by the Senate and House of Representatives of the Philippines in 
Congress assembled: 
SECTION 1. 
Title. This Act shall be known as the "Magna Carta of 
Students". 
CHAPTER I 
GENERAL PRINCIPLES 
SEC. 2. Declaration of Policy. It is hereby declared to be the policy of the 
State to promote and protect the rights of students to enable them to participate 
actively and effectively in the democratic processes of effective progressive and 
developmental changes in society. 
SEC. 3. Guiding Principles. This Act declares the following as basic 
guiding principles: 
(a) 
The formal educational system being the principal institutional 
mechanism for imparting knowledge and developing skills is 
given priority attention and support by the government. 
(b) 
Education is a right and not a mere privilege. It is therefore the 
responsibility of the State to provide quality education 
accessible at all curriculum levels. 
(c) 
Student organizations enhance democratic processesi on the 
campus. Membership and active which promote and, protect 
students' rights and welfare and\or contribute to national 
. development shall be guaranteed by the State and school 
authorities. 
(d) 
Student organizations shall not be subject to rules and 
regulations that unduly hamper their activities and are 
prejudicial to their objectives and interests, provided such 
objectives, activities and interests are with the school's mission. 
(e) 
Student councils'\governments being the most representative of 
the studentry and the highest expression of student power on 
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mean: 
campus shall be consulted in the formulation of school policies 
directly affecting students. 
(1) 
Student publication shall serve as a principal, medium for free 
and responsible expression, dissemination of information, and 
interaction, among the different sectors of the academic 
community. 
(g) 
With their democratic rights guaranteed, students can serve as 
a potent and cogent force in the country's social transformation. 
SEC. 4. Definition of Terms. As used in this Act, the following terms shall 
(a) 
(b) 
(c) 
(d) 
(e) 
(1) 
(g) 
"Student" - any person enrolled in school in post secondary, 
tertiary, graduate and post graduate levels, including vocational 
and technical education. 
"School" -
any private, public or government-run and funded 
academic educational institution offering any or -all courses in 
the above-mentioned levels. 
"School campus" - the totality of all contiguous or proximate 
buildings, grounds and other facilities designed by the school as 
areas or facilities for the use of its students. 
"Governing Board" -
the highest policy making body of the 
school such as: Board of Directors, Trustees or Regentsl 
"Student Council/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 constitution and by-laws, if 
any. 
"Council of Leaders" -
the body composed of the heads of 
various 
student 
organizations 
chaired 
by 
the 
President/Chairman of the Student Council. 
"Tuition Fee" - The fee representing direct costs of instructions, 
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 
Citizen Army Training (CAT) or Citizen Military Training (CMT) 
fees. 
CHAPTER II 
RIGHT TO ADMISSION AND QUALITY EDUCATION 
SEC. 5. Admission. 
(a) 
No student shall be denied admission to any school on account 
of his/her physical handicap, socia-economic status, political or 
religious beliefs, or shall pregnant students and certified 
reformed drug abusers be discriminated against. 
(b) 
A stUdent shall have the right to freely choose his/her field of 
study subject to existing curricula and the institution's 
admissions policies and to continue his/her course up to 
graduation except in case of academic deficiency, inability to 
meet 
program 
requirement, 
or violation 
of disciplinary 
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regulations which do not infringe upon the exercise of students' 
rights. 
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SEC. 6. Rights to Competent Instruction and Relevant Quality 
Education. Every student shall have the right to competent instruction and 
quality education to relevant to his/her personal and cultural development and 
that of the nation, and commensurate to the school fees paid, and for state 
institutions, public subsidies granted. 
Students shall have the right to make a written evaluation of the 
performance of their teachers toward the end of the school term. 
SEC. 7. Right to Adequate Student Services and Academic Facilities. 
It shall be the responsibility of the school administration to provide the students 
with adequate student services and academic facilities commensurate to the 
school fees paid, and for SCUs, public subsidies granted. 
CHAPTER III 
RIGHT TO ORGANIZE 
SEC. 8. Right to Organize among Themselves. Unity and collective 
effort being fundamental to the realization of common goal and the promotion 
and protection of common interest, the State recognizes the right of student to 
organize among themselves. 
The rights of student to form, assist, or join any campus organization, 
alliance or federation, not contrary to the school mission, for their physical, 
intellectual, moral, cultural, spiritual and political interest shall not be abridged. 
SEC. 9. Student Council/Government. The State shall ensure the 
democratic and autonomous existence of student councils/governments. 
Pursuant thereto, there shall be one student council/government for each school 
campus, which shall be given recognition by the school, colleges and universities 
concerned. It shall have its own set of officers elected in annual popular 
elections. Every student council/government shall have the right to deteT'ine its 
pOlicies and program on student activities subject to this duly ratified charter or 
constitution, school rules and regulation, and state policy. 
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SEC. 10. 
Recognition of and Granting of privileges to Student 
Organizations. No unreasonable requirements shall be imposed on student 
organizations seeking recognition. 
The guidelines concerning recognition shall be formulated by the Student 
Affairs Office in consultation with the student council. 
The process for seeking recognition shall begin upon the submission to 
the Student Affairs Office by the organization concerned on its (1) concept paper 
and constitution; and (2) a formal letter addressed to the Student Affairs stating 
that the organization's intent to be recognized. Recognition will be granted by the 
Students affairs Office upon compliance with the guidelines. 
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There shall be no discrimination in the assignment of school facilities and 
granting of other privileges to student organizations. 
Excessive charges for the use of school facilities shall be prohibited. 
Whenever possible the school administration shall allow student organizations to 
use school facilities free of charge. 
SEC. 11. Coordination of Student Organizations' Activities. All on and 
off campus activities of student organization shall be coordinated by the student 
council/government in consultation with the Student affairs office. 
The Committee on Elections (COMELEC) constituted to conduct the 
election of the officers of the student council/government shall be composed 
solely of bona fide student of the school. The conduct of the student council 
election shall be held in coordination with the Student Affairs Office. 
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SEC. 12. Prohibition against the Use of Force and Exaction and 
Excessive. All campus organization shall be prohibited from using force in 
initiation and from exacting excessive fees from their members, as well as in their 
other student's activities. 
CHAPTER IV 
RIGHT TO PARTICIPATE IN POLICY MAKING 
SEC. 13. Representation in policy-making process. The student shall 
be represented in policy-making bodies (other than the governing board) which 
directly affect their welfare, especially in curriculum review, student discipline and 
academic standards. The representatives shall be designed by the student 
council. 
SEC. 
14. 
Student 
Initiative 
and Referendum. 
The 
stUdent 
council/government through a majority vote of all the members of the stUdent 
body shall have the right to initiate the formulation, modification or rejection of a 
school policy affecting the students. The proposition for the formulation, 
modification or rejection of a school policy affecting the students shall be 
submitted to and approved by a majority of votes casts by all bona fide stUdents 
of the school in an areas shall be excluded from the power of students on 
initiative or referendum: (a) admission; (b) curriculum; 9c) faculty recruitment and 
tenure; (d) rules on student conduct and discipline; (e) tuition fees; and (f) 
scholastic rules (e.g. academic credits and retention and graduation of students). 
CHAPTER V 
RIGHT TO FREE EXPRESSION AND INFORMATION AND RIGHT TO 
ACADEMIC FREEDOM 
SEC. 15. Right to be Informed. The right of the student to be given 
information upon request on matters directly affecting their welfare shall be 
recognized. 
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SEC. 16. Freedom of Expression. Subject to existing laws and school 
rules and regulations, students shall have the right to freely express their view 
and opinions. 
SEC. 17. Academic Freedom. Students' academic freedom shall subject 
to school rules and regulations and the exercise by the school and members of 
the faculty of their respective academic freedom, consist of, but is not limited to, 
the following rights: 
(a) To conduct research in connection with academic work, and to freely 
discuss and publish their findings and recommendations; 
(b) To conduct inquiry in curricular and extracurricular activities within the 
campus and in appropriate circumstances; 
(c) To choose a field of study for research and to pursue the quest for 
truth; to express their opinion on any subject of 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 activities of similar 
nature; 
(e) To express contrary interpretation or dissenting opinions inside and 
outside the classroom; 
(f) To participate in the drafting of a new curriculum and in the review or 
revision of the old; and 
(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. 
CHAPTER VI 
RIGHT TO DUE PROCESS IN DISCIPLINARY PROCEEDINGS 
SEC. 18. Right to Due Process. 
(a) 
A student subject tot disciplinary proceedings shall have 
the right to defend himself/herself, to be heard and to 
present evidence on his/her behalf before an impartial 
body. There shall be a Student Disciplinary Board to be 
composed of two (2) representatives form the school 
administration, one (1) faculty member, and two (2) 
students to conduct investigations into and decide on 
cases student violation of diSCiplinary standards. 
(b) 
The blacklisting, expulsion, suspension and other such 
disciplinary sanctions that may be taken against a 
student shall not be valid unless the following rights have 
been observed: 
(1) the rightto be informed in writing of the nature and cause 
of the accusations against his/her; 
(2) the right to confront witnesses against him/her and to 
have full access to the evidence on the case; 
(3) the right to defend himself/herself and to be defended by 
a represented or counsel of his/her choice, adequate 
time being given for the preparation of a defense; 
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(4) the right to a hearing before the student Disciplinary 
Board; 
(5) the right against self incrimination; and 
(6) the right to appeal adverse decisions of the Student 
Disciplinary Board to the governing board and ultimately 
to the appropriate education agencies. 
(c) 
The decision in any disciplinary proceeding must be 
rendered in the basis of relevant and substantial 
evidence presented at the hearing, or at least contained 
in the record and disclosed to the student affected. 
The deciding body must act on its own inde~endent 
consideration of the facts of the case. The bodylshould, 
in all controversial questions, render its decision in such 
a manner that the issues involved, and the reasons for 
any decision made are clear to the student. 
(d) 
Disciplinary sanctions shall be corrective rather publish 
on a periodic basis acts which are deem violate or school 
rules and regulations and the corresponding disciplinary 
sanctions do not violate the rights guaranteed herein and 
under the Constitution. 
CHAPTER VII 
OTHER RIGHTS 
SEC. 19. Right Against Unreasonable Searches and Seizures. Every 
student shall be free from any form of unreasonable search and seizure. Except 
for the following instances no search or seizure of a student shall be deemed 
valid: 
(a) 
Searches made at the point of ingress and egress by authorized 
personnel of the school. 
(b) 
Searches and seizures of illegal article or articles falling in the 
plain view of duly authorized personnel; 
(c) 
Searches and seizures of articles that are illegal, discovered 
inadvertently by duly authorized personnel; 
(d) 
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. 
Articles seized in violation of the here above mentioned provided rights 
shall not be used as evidence against the student in any disciplinary action that 
may be brought against him/her. 
SEC. 20. Access to School Records and Issuance of Official 
Certificates. Subject to the provision of the following section, every studljmt shall 
have access to hei"lhim own school record, the confidentiality of which the school 
shall maintain. He/she shall have the right to be issued official certificates, 
diplomas, transcript of records, grades, transfer credentials and other similar 
documents within thirty (30) days from the filing of request and accomplishment 
of all pertinent requirements. 
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SEC. 21. Unpaid Tuition Fees and Examination. No student shall be 
prohibited from taking a periodic or final examination because of unpaid tuition 
and other fees under the established terms of payment prescribed by the school 
concerned and approved by the appropriate education agency. 
Students with delinquent fees permitted to take an examination shall 
nevertheless be subject to the right of the school concerned to withhold the 
release or issuance of such students' school records or of the documents 
mentioned in the preceding section or to deny such students' admission at the 
next succeeding term or year until the prior delinquencies are fully paid. 
Approved, 
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