Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City, Metro Manila
NINETEENTH CONGRESS
First Regular Session
HOUSEBILLNo.7985
Introduced by Representative Ivan Howard A. Guintu
EXPLANATORY NOTH
Education  is  a  fundamental  human  right  that  must  be  accessible,  equitable,  and
inclusive.   In  the  Philippines,  the  Constitution   and   international   agreements   oblige  the
government to safeguard students' rights and welfare and provide access to quality education.
However, the current policies and mechanisms are not sufficient to ensure that students are
fully protected and empowered.
To address this issue, this representation proposes the passage of a bill that aims to
institutionalize  students'  rights  and  welfare,  recognize  their  meaningful  participation  in
decision-making processes, and promote their autonomy and expression.
The bill affirms that education is a critical institution in promoting civil liberties, human
rights, and fundamental freedoms. Therefore, it is necessary to create an environment where
students  and  young  Filipinos  can  exercise  their rights  and  fully  participate  in  society  and
nation-building. The bill recognizes the importance of democratic processes, particularly the
right of students to organize and express themselves without undue influence from educational
institutions.
Despite the govemment's efforts to protect and promote students' rights and welfare,
these  initiatives  have  not  been  sufficient.  The  launch  of a  Students  Rights  and  Welfare
(STRAW) Desk and the distribution of a National Student Handbook have proven inadequate
in providing students with the protection and access to education that they deserve.
The passage of this bill will provide a comprehensive and coherent policy framework
for protecting students' rights and welfare. It will create mechanisms for addressing complaints
and grievances, promoting inclusion and diversity, and ensuring that students' voices are heard
in   decision-making   processes.   Furthermore,   it  will   provide   guidelines   for   educational
institutions in implementing policies that respect and protect students' rights and welfare.
A well-educated and empowered citizenry is essential in building a strong and vibi.ant
democracy, where individuals are able to fully participate in civic life and contribute to the
development of their communities and the nation as a whole. By ensuring that students have


access to quality education and can exercise their rights and participate in decision-making
processes, we are building a foundation for a more just and equitable society, where every
individual  has the  opportunity  to  reach  their  full potential.  Promoting  students'  rights  and
welfare  is not only  a moral  imperative but also  a strategic  investment in the  future  of our
Country.


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City, Metro Manila
NINETEENTH CONGRESS
First Regular Session
HOUSEB|LL No.  7985
Introduced by Representative Ivan Howard A. Guintu
AN ACT PROVIDING FOR A NATIONAL POLICY 0N
STUDENTS' RIGHTS AND WELFARE
Be it enacted by the Senate and the House Of Represerttatives Of the Philippines in Congress
assembled:
SECTION 1. S„or/ rjf/a. -This Act shall be known as the "S/ztcJe7trs ' Rj.gfets cz#d JyeJ/c!7`e j4cf
of2023:,
SECTIO" 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.  Affims  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; and


f.   Affirms the students' right to organize, which encompasses the right to establish student
organizations, student unions, and student councils and governments.
SHCTI0N 3. Def#i.#.o# a/fer"s. -As used in this Act the following shall mean:
a.   S/wc7e7z/ refers to any person eurolled in the secondary, post-secondary tertiary, graduate
and post graduate levels, including those enrolled in vocational and technical education.
b.  Scfeoo/ refers to any private, public or government-run and funded academic educational
institution offering any or all courses in the above-mentioned levels.
c.   Scfeoo/ ccr"pws refers to 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.   Got;er#z.jeg Boczrd refers to the highest policy making body of the school such as: Board
of Directors, Trustees or Regents.
e.   Sfc/c7e#f  Co##c!./  oJ'  Gal;er#me#f  refers  to  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.   Co##cz./  o/ £eczc7e#s  refers  to  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.
9.   rwz./z.o7¢ refers to 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.
SE:CTroIN 4. Right against discrimination in educational institutions. -No srfuderit sha.I! 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 histher 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.
SEicTTON 5. Right to competent instruction and relevant quality education. : :E:!eny srfuder[it.
shall have the right to competent instruction and quality education relevant to histher 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, orjoin 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.
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 uureasonable  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.
SE:CTTOIN 6. 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  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 councillor government shall 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 7. .4d"/.#z.s/rafJ.ve £J.¢bJ./fry. - Failure to comply with this Act shall be tantamount
to  gross  neglect  of duty  and  shall  constitute  grounds  for  administrative  and  disciplinary
sanctions against any public officer or employee who deliberately and knowingly implements
a strict dress code which shall prevent any citizen from accessing government frontline services
or attending public meetings.
SE;CTTOIN 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 injoumalism 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 histher prescribed term;
f.   The student publication shall be fmancially 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.
SE,C"OIN 9. Right to adequate welfare services and academic facilities. -Denial of aicce;ss
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;
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.
SH:CTTON ro. Representation in the school's highest policy-making body. -The;Ie she[I} Pe
a student representative in the highest policy-making body of the school. He or she shall be
chosen  throuch  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 actual expenses incurred in
attending meetings  of the  aforementioned body.  Provided,  further, that the  afoi.ementioned
student representative is prohibited from taking any other position in public offices or student
council or government.
SECTION  11.  Rz.givf  /a  I.#/orm¢fJ.o#.  -  The  right  of students  to  information  on  matters
affectingtheirwelfareshallberecognized.Therefore,studentsshallhaveaccesstotheschool's


official acts, transactions or decisions relating to students' rights and welfare subject only to
reasonable regulations.
SE,CTTOIN T2. Right to f ireedom 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.   Students 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. j4cademi.c /reedom.  -Students'  academic  freedom  shall  consist of, but not
limited to, the following:
a.   To conduct research 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-curicular 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;
9.   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. RJ.giv/ /a  dwc 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
representative  from the  school  administration, two  (2)  faculty  members  and two
students to  conduct  investigations  into  and  decide  on  cases  of student violations
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 may
be  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
against hinTher;
2.   The right to confront witness against him/her and to full access to the evidence
in the case;
3.   The right to defend himselftherself and to be defended by a representative or
counsel  of  histher  choice,  adequate  time  being  given  to  him/her  for  the
preparation of histher defense;
4.   The right to a hearing before the Student Disciplinary Board;
5.   The right against self-incrimination;
6.   The right to appeal adverse decision of the Student Disciplinary Board to the
governing board and ultimately to the appropriate education agencies; and
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 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  IS.  Right  against  illegal  searches  and  seizures.  ~ Except for  the  fol\cNIing
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.
SEC"OIN 16. Access to school records and issuance Of of f ilcial certiif icates. -Ewe;ny s;rfudeat
shall have access to histher 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. jRf.gfef fo prj.wc}J - The  privacy  of communication  and  correspondence  of
students shall remain inviolable.
SECTION 18. FJ.rearms b¢#. -The carrying of firearms or explosives in schools or campuses
shall be banned.
SECTTOIN T9. School f lees and other tariff is. -
a.   All involuntary contributions shall be prohibited.
b.   In  I-eleasing  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.
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 fmal 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. Rw/es ¢#d Regw/a/I.o#s -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. AdmJ.#J.s/ro/I.ve Sa#cfJ.oHs. - 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 pesos (P500,000.00) shall be imposed on any school,  college or
university found liable for violating` this Act.
Upon fmal judgment, the appropriate education agency may recommend to the Department of
Justice the prosecution of any school, college or university before a regular Cout 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,
includingotheradministrativepenalties,subjecttotheestablishmentofguidelinestobecrafted
by the school administration with the student council or government, student organizations and
the student body.
SE:CTIOIN 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 ¢100,000.00) 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 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. OtJersi.gfo/. -
a.   The  Department of Education,  TESDA and Commission  on Higher Education  shall
monitor the implementation of this Act. They shall submit an armual 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 cominittees 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. Separ¢bJ./I.ty CJ¢wseL -If any section or part of this Act is held unconstitutional,
no other section or provision shall be affected.
SECTION 25. Repe¢/i.#g CJ¢wsc. - All provisions of existing laws, presidential decrees or
issuances, executive orders, letters of instruction, administrative orders, rules and regulations
contrary to or inconsistent with the provisions of this Act are hereby repealed, amended, or
modified accordingly.
SHCTI0N 26. E/Tec/i.vtry.  -This Act shall take  effect fifteen (15) days  after its  complete
publication in the Official Gazette or in at least two (2) newspapers of general Oil.culation.
Approved,