f worst OF REPRES ENTATIVES

Republie of the Philippine RRECEIVED
noustornermigearwes 02 ng 208
17TH CONGRESS UE a
First Regular Session BY:,
House Bill No, 2312 REGISTRATION UNIT

BILLS AND INDEX SERVICE

Introduced by REP. EVELINA G. ESCUDERO

EXPLANATORY NOTE

‘The 1987 Constitution mandates the State to 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

However, more and more students and parents have been complaining that the students have been
barred by school authorities, mostly in private educational institutions, from taking the prelims, midterm or
final examinations in the case of higher education students, and from taking the periodic examinations, in
the case of basic education students enrolled in private schools, due to failure to pay the balance of tuition
fees on time.

While the Constitution also mandates the State to establish and maintain a system of scholarship
grants, student loan programs, subsidies and other incentives which shall be available to deserving students
in both public and private schools, not all underprivileged students have the opportunity to avail themselves
of such financial assistance because of certain qualification requirements that have to be met. Likewise,
there are students who are not necessarily poor, but their families have suffered from sudden reversal of
fortune or temporary setbacks due to natural causes or disasters or are experiencing liquidity problems
because they are sending more than two or three children to school at the same time. Hence, these factors
cause the delay in the payment of tuition fees or even non-payment thereof within the prescribed period.

However, implementi icy that disallows these students from taking the examinations solely
on the basis of non-payment of tui ime is tantamount to denying educational access to the
students regardless of how studious and academically deserving they are of obtaining a good education. This
also leads to emotional burden on the part of the students instead of letting them just focus on reviewing for
the examinations. This is what exactly happened recently in the case of, University of the Philippines student
Kristel Tejada who took her own life for failure to pay her tuition fees on time.

This representation hopes that this will be an eye opener for all of us. Thus, the bill not only seeks
to protect the right of students to education, but also allows schools to have other safeguards to ensure the
payment of tuition fees, such as the withholding of school records like class cards, transcript of records and
diploma, among others, or the non-issuance of clearance.

In view of the foregoing reasons, immediate approval of this measure is earnestly sought

EVELINA G. ESCUDERO-
Representative
First District, Sorsogon



Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

17th Congress
First Regular Session

HOUSE BILL No, 2312

Introduced by REP. EVELINA G, ESCUDERO-

AN ACT
|ALIZING THE IMPOSITION OF A ‘NO PERMIT, NO EXAM POLICY’ OR ANY
JCH POLICY THAT PROHIBITS STUDENTS IN ALL EDUCATIONAL
NSTITUTIONS FROM TAKING THEIR PERIODIC, PRELIMS, MIDTERM OR FINAL,
EXAMINATIONS DUE TO UNPAID TUITION AND OTHER SCHOOL FEES

Be it enacted by the Senate and House of Representatives of the Philippines in Congres
assembled:

SECTION I. Short Title. This Act shall be known as the “Anti-‘No Permit, No Exam’

. 2. Declaration of Policy. It is hereby declared unlawful for any educational
including primary, secondary, higher education institution (HEI) or technical-vocational
institute (T'VI), whether public or private, to disallow any student from taking any midterm or final
examination due to non-payment of tuition and other school fees under the established terms of
payment prescribed by the concerned educational institution and approved by the Department of
Education (DepED), Commission on Higher Education (CHED) and Technical Education and
Skills Development Authority (TESDA), respectively.

SI
including pri

3. Coverage. This Act shall cover all public and private educational institutions
mary, secondary and post-secondary HEIs and TVIs

SEC. 4, Right of Students. Students shall have the right to take the midterm or final
examinations 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
hool authorities concerned, shall be obligated to pay an interest for the unpaid tuition and other
school fees, which shall not be more than six percent (6%) 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. Rights of Schools. The school authorities shall have the following rights against
students with financial obligations, which remain due and unsettled, to their schools:

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


(b) To deny admission or enrolment of any student having unsettled tuition or other school
fees at the next succeeding semester classes, in the case of higher education, or at the
next succeeding short-term course, in the case of post-secondary technical-vocational
education, as the case may be, until the previous delinquencies are fully paid; and

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

SEC. 7. Unlawful Acts, In recognition of the students’ right to take their midterm and final
examinations, the following acts by educational institutions shall be considered unlawful:

owing students with due and unpaid tuition and other school fees from taking the
term or final examination;

(a) Dis
mi

(b) Requiring the students to secure a permit to take the midterm or final examination from
the school authorities prior to the administration of midterm periodic or final
examination; and

(c) Compelling the students to pay upon enrollment a down payment or first installment
equivalent to more than thirty percent (30%) of the total amount of tuition and other
school fees for the entire semester or duration of the course.

SEC. 8. Penalties. Any school official or employee, including deans, coordinators,
advisers, deans, professors, instructors and other concemed individuals found guilty of violating
any of the unlawful acts enumerated in Section 7 of this Act shall be punished by a fine of not less
than Twenty Thousand Pesos (P20,000.00) but not more than Fifly Thousand Pesos (P50,000.00).

SEC. 9. Implementing Guidelines. Within sixty (60) days from the effectivity of this Act,
the DepED, CHED and TESDA shall promulgate the implementing guidelines necessary to enforce
the objectives of this Act.

SEC. 10. Separability Clause. If any provision or part thereof is held invalid or
unconstitutional, the other sections or provisions thereof shall not be affected thereby and shall
remain in force and effect.

SEC. 11. Repealing Clause. All laws, presidential decrees, executive orders,
proclamations, issuances, administrative orders, rules and regulations contrary to or inconsistent
with any provision of this Act are hereby amended, repealed or modified accordingly.

SEC. 12. Effectivity Clause, This Act shall take effect fifteen (15) days after its publication
in two (2) newspapers of general circulation

Approved,