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FOURTEENTH CONGRESS OF THE ) 
REl?UBLIC OF THE PHILIPPINES 
) 
Second Regular Session 
9 FEE i e  w : a 7  
S E N A T E  
Introduced by Senator Loren Legarda 
EXPLANATORY NOTE 
This bill seeks to guarantee students their right to quality education, freedom, 
welfare services, among others and to protect the same from discrimination, in 
accordance with the rights and freedoms accorded by the Constitution and other 
international human rights agreements. 
The 1987 Constitution gives due recognition to the role of the youth in nation- 
building (sec. 13, Article 11) and provides that the State shall give priority to education, 
among others, to foster patriotism and nationalism, accelerate social progress, and 
promote total human liberation and development (sec. 17, Article 11). 
Likewise, international agreements such as 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, 
obligate the country to protect and promote the rights and welfare of Filipino students. 
Recognizing 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, this proposed measure enumerates the following rights 
and freedoms of the students: 
a. 
b. 
d. 
e. 
f. 
g. 
h. 
i. 
k. 
1. 
C. 
i. 
Right against discrimination; 
Right to competent instruction and relevant quality education; 
Right to organize; 
Right to establish a student council/government; 
Right to publish a student newspaper; 
Right to adequate welfare services; 
Right to be represented in the highest policy-making body of the 
school; 
Right to access to information; 
Right to freedom of expression; 
Right to academic freedom; 
Right to due process; 
Right against illegal searches and seizures; and 
m. Right to privacy. 
The Department of Education, the Commission on Higher Education, and the 
Technical Education and Skills Development Authority are bestowed with necessary 


powers to investigate and impose administrative sanctions on schools that violate the 
rights stipulated in the bill. 
Students whose rights under this bill were violated may file civil case/s against 
the offender. Furthermore, refusal of public officials to act on complaints constitutes 
gross negligence and shall be punished appropriately, in accordance with civil service 
laws, rules and regulations. 
Students are important components in society, not only because of their potential 
role as leaders of the country, but because of their role as catalysts. They have taken and 
are continuously taking an active participation in the pursuit of social equality, 
democracy and justice. We should therefore ensure that their rights and welfare are 
promoted and guaranteed. 
In view of the foregoing, the passage of this significant piece of legislation is 
earnestly sought. 
4- 
LOREN LEGARDA 
Senator 


FOURTEENTH CONGRESS OF THE ) 
REPUBLIC OF THE PHILIPPINES 
) 
Second Regular Session 
S E N A T E  
Introduced by Senator Loren Legarda 
AN ACT PROVIDING FOR A NATIONAL POLICY 
ON STUDENTS’ RIGHTS AND WELFARE 
Be it enacted by the Senate and House of Representatiues of the Philippines in Congress 
assembled: 
SECTION 1. Short title. - This Act shall be known as the ”Students’ Rights and 
Welfare Act of 2009”. 
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 tlie 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’ riglit to organize, which encompasses tlie right to 
establish student organizations, student unions, and student councils and governments. 
1 


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) School - 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. 
(8) 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 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. 
(b) 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. 
(c) 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. 
2 


(d) The Office of Student Affairs shall coordinate on and off campus activities of 
student organizations. 
(e) 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; 
(f) 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; 
2. 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 shall be 
one (1) university student council or government for each school, 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 shail 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 couiicil 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 shall 
issue to the student body a financial report at the end of its term. To take effect, a 
3 


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 sfudent ne71~spaper 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 zi~elfare sewices 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 
(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; 
(f) 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. 
freedoms stipulated in this Act; 
4 


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 same rights as that of the regular members 
of the same body. Provided, however, that his or her privileges shall be limited to the 
actuaI 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 tofieedorn ofexpression. - (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. Acadeiizic 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; 
(f) To participate in the drafting of a new curriculum and in the review or 
revision of the old; 
5 


(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 
(11) 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: 
1.) The right to be informed in writing of the nature and cause of the accusation 
2.) The right to confront witness against him/her and to full access to the 
3.) The right to defend himself/herself and to be defended by a representative or 
to him/her for the 
against him/ her; 
evidence in the case; 
counsel of his/her choice, adequate time being given 
preparation of his/ her defense; 
4.) The riglit 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 
7.) The right to confidentiality 
governing board and ultimately to the appropriate education agencies. 
(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 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 
6 


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; 
b) Searches and seizure of articles deemed illegal under existing laws 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 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 
7 


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,OOO.OO) but not more than five hundred thousand pesos (P500,OOO.OO) shail 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,OOO.OO) but not more than 
One Hundred Thousand (PlOO,OOO.OO) 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. 
8 


(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 shall 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 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 25. Repealing 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 26. Effectivity. - This Act shall take effect fifteen (15) days after its 
complete publication in two (2) newspapers of general circulation. 
Approved, 
9