REPUBLIC OF THE PHILIPPINE]
HOUSE OF REPRESENTATIVE:
Quezon City, Metro Manila

SEVENTEENTH CONGRESS
First Regular Session

658

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REGISTRATION | UNIT
BILLS AND INDEX SERVICE

House Bill No.

Introduced by Kabataan Party-list Representative Sarah Jane |. Elago

EXPLANATORY NOTE

The Philippines, as a party to the International Covenant on Economic, Social
and Cultural Rights, agreed that “education shall be directed to the full development
of the human personality and the sense of its dignity, and shall strengthen the
respect for human rights and fundamental freedoms’ and “that education shall
enable all persons to participate effectively in a free society, promote understanding,
tolerance and friendship among all nations and all racial, ethnic or religious groups.”

Article XIV, Section 3(2) of the 1987 Philippine Constitution mandates all
educational institutions to “inculcate patriotism and nationalism, foster love and
humanity, respect for human rights, appreciation of the role of national heroes in the
historical development of the country, teach the rights and duties of citizenship,
encourage critical and creative thinking, broaden scientific and technological
knowledge, and promote vocational efficiency.”

The global phenomenon of neoliberalism has brought nothing but hardships
for the people. One concrete manifestation of this is the deregulation and
commercialization of education. Consequential to this global phenomenon, Philippine
education is designed to serve the demands of the market. This is a direct affront to
the youth's right to education.

The annual increase in tuition and other school fees in schools have rendered
education a privilege, most especially in private universities. In the past six years, not
only have tuition and other school fees almost doubled, but the profits of private
universities as well. Data collected from the annual financial reports submitted to the
Securities and Exchange Commission (SEC) show a steady increase in profitability
of some of the country’s most well-known private higher education institutions
(HEIs), with some universities almost doubling their annual profit in a span of just five
years. The rise in profits and revenues coincide with the upsurge in tuition and other
school fee collections in private colleges and universities.

Despite being subsidized by the national government, state schools have
been gradually increasing their tuition and other school fee rates in the past years, in


compliance with the "self-sustaining" framework under the Roadmap for Public
Higher Education Reform, Aquino's masterplan for public higher education. The cost
of higher education, especially public higher education, is not only a local concern -
but a national issue. The current state of college education in the country — which is
highly unaffordable and inaccessible for the common Filipino ~ is the result of the
Aquino administration's continued push to turn education into a business venture, a
luxury commodity, rather than a right

Consistent with the framework of neoliberalism, other fundamental democratic
rights are being curbed. Many cases of discrimination, repression of freedom of
speech and the right to organize have been reported. Schools have taken to the
practice of having enrollees sign waivers against joining certain organizations and
activities as a precondition for enrollment. Not a few schools disallow the formation
of a student council and other organizations. In many cases, where they are allowed
to exist, their autonomy and independence are assaulted by stringent school
measures and other forms of repression that threaten the very material existence of
these student organizations.

It's more unacceptable that students are powerless against these forms of
attacks on education. Mechanisms to protect the students’ rights are not working or
are completely absent. This bill seeks to change that. Students, parents, teachers,
and other school personnel are now empowered to take part in tuition increase
deliberations/consultations. There are not a few cases where students are forced to
accept tuition increase despite the fact that no consultation was done.

Twice in our nation’s history we witnessed the youth, led by their
organizations, march to the streets to demand a clean government and forced an
allegedly corrupt president to step down. The historic role of the ferment youth in
ousting fascist and corrupt leaders is testament to their latent power to effect social
change.

This bill aims to harness the youth's collective strength. Furthermore, the bill
challenges students, parents, educators, educators and legislators to recognize the
fundamental right of the youth to accessible and quality education at all levels.
Likewise, this bill, reiterates the fundamental rights of the youth, won through
painstaking engagements in the parliament of the streets

As legislators, it is our Constitutional obligation, to protect and uphold the
basic democratic rights of the people. In the context that neoliberal attacks on
education and the youth is intensifying, we should commit to defend their rights,
alongside with them, through this legislation and beyond.

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

HON. SARAH SANE |. ELAGO
Representgt(ve, Kabataan Party-list


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REPUBLIC OF THE PHILIPPINES
HOUSE OF REPRESENTATIVES
Quezon City, Metro Manila

SEVENTEENTH CONGRESS
First Regular Session

House Bill No. 658

Introduced by Kabataan Party-list Representative Sarah Jane |. Elago

AN ACT
ESTABLISHING A MAGNA CARTA OF STUDENTS

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

CHAPTER |
GENERAL PROVISIONS

SECTION 1. Short Title. — This Act shall be known as the “Students Rights Act.”

SECTION 2. Declaration of Policy. - Itis the policy of the State to protect and promote
the physical, mental, intellectual and social well-being of the youth. Towards this end,
educational institutions shall inculcate in them patriotism and nationalism, encourage critical
and creative thinking, strengthen ethical and spiritual values and teach the rights and duties
of citizenship. The State shall likewise recognize the material and historical role of the youth
in nation building and shall thus take steps to foster and support the youth, in solidarity with
other sectors of society, in their collective pursuit for social change.

SECTION 3. Guiding Principles. — This Act declares the following as basic guiding
principles

(2) Education is a right, It is the responsibility of the State to provide quality and
accessible education at alll levels. It is thus a responsibility of the Government to
support and give priority,to education as a basic right of all citizens;

(b) Student organizations enhance democratic processes in the campus and
rehearse students in their role as active members of society and future leaders of our
nation. The right to organize, join and actively participate in student organizations,
alliances, federations, and student publications which promote and protect students’
rights and welfare and/or contribute to national development and social change shall
be guaranteed by the State and school authorities;

(c) Student organizations shall not be subject to rules and regulations that unduly
hamper their activities and are prejudicial to their objectives and interests, and that


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undermine constitutionally protected rights and freedoms (freedom of association,
freedom of assembly, freedom of expression, among others);

(d) Integral to the right of students to organize and actively participate in social
change is the fundamental right to expression. The right to expression shall be
unabridged and autonomous from the influences of educational institutions.

(€) Student publications shall serve as a principal medium for free expression, and
as a means of encouraging critical and creative thinking among students, The State
‘shall thus protect and promote free journalism, re-open all closed student publications,
establish student publications in schools where there are none, and protect and uphold
freedom of the press at the campus level and the rights of campus journalists at all
times;

SECTION 4. Definition of Terms. ~ as used in this Act, the following terms shall mean:

(2) “Student” - any person enrolled in the elementary, secondary, post-secondary,
tertiary, graduate and post-graduate levels, including vocational and technical
education. For purposes of this Act, this shall include any person who has been
‘separated from the school but pursues a pending suit for violations under this Act.

(b) “School” - any private, public or government-run and funded academic
educational institution offering any or all courses in the above-mentioned levels.

(c) “Schoo! Campus" — the totality of all contiguous or proximate buildings,
grounds, and other facilities designated by the school authorities as areas or facilities
for the curricular and extracurricular use of their students,

(d) “Governing Board” - the highest policy making body of the school such as the
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 elementary, secondary and level
of colleges, campuses, etc

(f) “Student Publication” - the issue of any printed and/or online material such as,
but not limited to, newspapers, walll news, literary folios, newsletters and other similar
forms, independently published by, and which meets the needs and interests of the
students,

(9) _ “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.

(h) “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.

CHAPTER II


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RIGHT TO ADMISSION, NON-DISCRIMINATION AND QUALITY EDUCATION

SECTION 5. Right to Admission and Non-Discrimination. — No student shall be denied
admission to nor be expelled from any school on account of his/her physical handicap, socio-
economic status, political or religious beliefs, sexual orientation or membership in student
organizations, nor shall pregnant students, certified reformed drug abusers, and those
suffering from the acquired immune deficiency syndrome be discriminated against. No student
shall be punished with disciplinary action and be denied services, scholarships and other
privileges on account of the same

Failure of or refusal by a student to sign waiver documents related to restrictions on
student activities and those included in this Act, prepared by the school administration, shall
not constitute a ground for his/her non-admission.

SECTION 6. Right to choose field of study. ~ A student shalll have the right to freely
choose his/her fields of study subject to existing curricula, and to continue his/her course up
to graduation except in case of academic deficiency or violation of disciplinary regulations
which do not infringe upon the exercise of students’ rights.

SECTION 7. 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
education institutions are required to enforce a written evaluation mechanism for students
towards the end of the school term.

SECTION 8. Right to adequate welfare services and academic facilities. — It shall be
the responsibility of the school administration to provide the students with adequate welfare
services and academic facilities. These services and facilities shall include:

(a) Adequate laboratory, library, research, recreation and physical education facilities;
(b) Free annual physical check-up;
(©) Counseling;

(d) Communications system to ensure that students are promptly notified of letters and
other relevant information;

(e) Safe and clean student housing facilities such as dormitories. 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
student housing facilities such as boarding houses; and

(f) Legal assistance in cases involving the exercise and enjoyment of rights and
freedoms stipulated in this Act.

The denial of access to welfare services and academic facilities is prohibited.

CHAPTER Il


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RIGHT TO ORGANIZE AND RIGHT OF ASSOCIATION

SECTION 9. Right to organize and to associate. — The right of students to form, assist,
join, and actively participate in any campus organization, unions, societies, nationwide youth
groups, alliances or federations, for purposes not contrary to law shall not be abridged. Such
student formations shall be treated as independent from the school or any of its departments,
and as separate and distinct juridical entities.

The practice of making students sign waiver documents which state that they are not
members of and will not join certain organizations before being allowed to enroll is hereby
prohibited. Such waivers signed by students at the effectivity of this Act shall be impaired and
considered without effect.

SECTION 10. Accreditation of student organizations. — The student council or
‘government shall be in charge of the accreditation of student organizations, as a purely student
activity. The guidelines for accreditation of student organizations shall be formulated by the
student council and the heads of all student organizations through the Council of Leaders. The
Office of Student Affairs shall be informed of the accreditation procedure and shall provide
technical assistance to the student council or government.

The process for seeking recognition shall begin upon the submission to the student
council or government by the organization concerned of its constitution and by-laws; and a
formal letter addressed to the student council or government's office stating the organization's
intent to be recognized.

The accreditation of a student organization shall not be denied unless the same is
created for purposes contrary to law in accordance with the 1987 Constitution.

The Office of Student Affairs or any other administration offices shall not impose
sanctions on student organizations that become temporarily inactive for reasons beyond its
control

SECTION 11. Right fo hold activities. — The rights of organizations to conduct activities,
inside and outside campus for purposes not contrary to law shall not be abridged.

The school administration shall provide, free of charge, a halll or building to house the
offices of student organizations within premises of the school. Furthermore, the school
administration shall allow student organizations to use school facilities free of charge on the
basis that student activities are integral to the holistic education of the students and on the
basis that the maintenance and operations of such facilities are deemed included in tuition and
other fees.

SECTION 12. Prohibited acts of restraint against the right to organize and to associate.
— Acts that impair the rights of students to organize are prohibited, such as:

(a) 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;


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(b) Imposition of unreasonable requirements on student organizations seeking
recognition, such as but are not limited to: the imposition of a minimum size of
membership and the imposition of unreasonable community service duties;

(c) Discriminatory policies in the assignment of school facilities and in granting
other privileges to student organizations;

(d) Imposing any user fees and other charges for the use of school facilities on the
basis that such facilities are already being paid for through tuition and other fees;

(€) Imposition of requirements for admission and continued membership to a
student organization that are contrary to law.

SECTION 13. Right fo establish a student council or government. ~ There shall be one
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 election; Provided, that the previous practices in
choosing student council or government officers, except in cases of appointment by the school
administration, prior to the effectivity of this Act shall be recognized

SECTION 14. The student council constitution. - There shall be a constitution or
charter of the student council or government crafted by the heads or representatives of all
accredited student organizations ratified by the simple majority (50% plus 1) of students who
cast their vote in the ratification that shall lay down the rights, privileges, functions, and
responsibilities of the student council or government. To protect the right of unaffiliated
students, the student council shall devise a mechanism to ensure their representation and
participation in the crafting of the constitution

Existing charters and/or constitutions of student councils or governments that have
been previously ratified by the students shall remain in effect.

SECTION 15. Right to policy-making on student activities. — 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;

SECTION 16. Student council elections. ~ There shall be an independent
Commission on Elections (COMELEC) that shall oversee and facilitate the honest, orderly,
and peaceful conduct of election of officers of the student council or government. The
COMELEC shall be composed only of bona fide students and shall be chosen by the Council
of Leaders from the list of nominees provided by the student organizations. The school must
provide sufficient funds to the COMELEC to ensure that it is able to function.

SECTION 17. Student council funds. - There shall be a fee to be collected from
students to finance the operations of the student council or government in consultation with
student body. The school administration shall facilitate the collection of the student council or
government fee during enrollment period and shall turn over the collected amount to the
student council or government within fifteen (15) days after the last day of enrollment.

If the student council or government concerned signifies to the school administration
that it shall collect on its own its fee, they should notify the school administration. School


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administrations should recognize the student councils or governments that collect the student
council fees on its own prior to the effectivity of this Act.

Likewise, if the student council or government previously collecting the fee on its own
signifies to the school administration its decision to let the schoo! administration facilitate the
collection of the fee, the school administration shall thus collect the fee during enrollment
period and turn over the collected amount to the student council or government within fifteen
(15) days after the last day of enrollment

For these purposes, the number of bona fide students enrolled for the current semester
corterm shall be used as basis for the amount of the student council funds that shall be released
by the school administration who shall issue a list of the students enrolled for the current
semester or term to the student council

The student council or 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.

SECTION 18. Student council faculty adviser. — The appointment of a faculty adviser
shall not be a requisite to the establishment and the recognition of a student council. Should
the students, through the student council constitution or charter, decide to have a faculty
adviser, the student council shall have the right to choose the person to hold such position
from among the school faculty, whose functions shall be limited to technical assistance. The
approval of the faculty adviser shall not be a precondition to the execution of any student
council activity.

SECTION 19. Right to join student council alliances and similar formations. — 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.

CHAPTER IV
RIGHT OF EXPRESSION AND FREE SPEECH

SECTION 20. Right to freedom of expression. — Students shall have the right to freely
exercise their constitutional rights to peaceful assembly and to free speech and expression,
or petition the school authorities and the government for the redress of grievances. No school
regulation shall be imposed violating or abridging any of the above stated rights. No student
may be subjected to any disciplinary action solely on the basis of any of the above mentioned
rights unless it is outside the confines of freedom of expression

SECTION 21. Right of access to mass media. - Students shall have access to print
and broadcast media in their respective activities. They shall also have the right to print,
circulate and/or mount leaflets, newsletters, posters, wall news, petitions and other such
materials. School authorities shall ensure the provision of such facilities such as bulletin
boards for the mounting of the aforementioned materials.

SECTION 22. Proportionality of offense and sanction. If the exercise of any of such
constitutional rights is determined to be outside of the confines of freedom of expression upon
compliance of due process, the concept of the proportionality between the offense committed
and the sanction imposed shall be followed, Provided, that the penalty of expulsion, exclusion


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or forced transfer and the like shall not be imposed for any infraction or improper conduct that
may arise by reason of the exercise of any of such constitutional rights.

SECTION 23. Right fo publish a student newspaper and other similar publications.
Alll educational institutions on the elementary, secondary and tertiary levels, public or private,
shall be mandated to establish an independent student publication, Every school shall have
at least one (1) student publication without prejudice to other publications established within
the campus. A student publication shall be published by the student body through an editorial
board and publication staff composed of students selected through fair and competitive
examinations

SECTION 24. Revival of closed student publications. — All student publications whose
operations ceased upon the directives of the school administration shall be revived and
allowed to operate again. Once the publication is established or reopened, the editorial board
shall freely determine its editorial policies and manage the publication's funds.

SECTION 25. Student publication funds. — Funding for the student publication shall be
sourced primarily from student publication fees collected by the school administration. It shall
be mandatory for the school administration to collect the student publication/subscription fees
during the enrollment period. The members of the student publication can opt to collect the
Publication funds themselves upon their initiative and under their full discretion and without
administrative intervention. For these purposes, the number of bona fide students enrolled for
the current semester or term shall be used as basis for the amount of the publication funds
that shall be released by the school administrator who shall issue a list of the students enrolled
for the current semester or term to the editorial board

The school administration shall effect the automatic release of the student subscription
fees to the student publication within fifteen (15) days after the last day of enrollment. The
publication funds shall be deposited through a trust fund or in the account of the student
publication in an authorized depositary bank

In no instance shall the Commission on Higher Education, Technical Education and
Skills Development Authority, and the Department of Education, as the case may be, or the
school administration concerned, withhold the release of funds intended for the student
publication.

SECTION 26. Student publication faculty adviser. - The editorial board shall have the
discretion whether or not they would appoint a faculty adviser. In case the student publication
decides to appoint a faculty adviser, the editorial board shall have the power to choose its
faculty adviser, whose functions shall be limited merely to technical assistance. The approval
of the faculty adviser shall not be a precondition to the publication of written material or
photographs.

SECTION 27. Independence of student journalists and freedom from threat. -
Members of the student publications shall not be suspended, expelled or punished with
administrative sanctions solely on the basis of the articles he/she has written except when
such articles constitute a violation of the law. A student journalist's academic performance as
a student shall not be used as basis for his or her dismissal from the student publication.


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SECTION 28. Management of the student publication and its funds. - The editorial
board shall be primarily accountable with regard the operation of the student publication and
the management of its funds. At the end of each semester or term, as the case may be, the
editorial board shall prepare a report on the disbursement of funds subject to accounting and
auditing rules. Such report shall be posted at the school's bulletin board or published in the
school publication.

SECTION 29. Printing of the student publication. — The printing of the student
publication shall be conducted by the editorial board and the student publication staff through
canvass or public bidding

For public schools, the student publication shall be exempted from undergoing formal
bidding process under Republic Act 9184 also known as the Procurement Reform Act with
regard the selection of a printing press and the purchase of equipment and materials
necessary for its operations.

The editorial board shall freely choose the printing press it wants to avail the services
of.

CHAPTER V
ACADEMIC FREEDOM OF STUDENTS

SECTION 30. Academic Freedom. -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 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 or the educational system;

(d) To invite off-campus speakers or resource persons to student sponsored
assemblies, for a, symposia, and other activities of similar nature;

(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;

(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;

(h) To freely discuss and criticize university policies and national policies.

CHAPTER VI


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RIGHT TO INFORMATION

SECTION 31. Right to be Informed. —The right of the students to information on maters
directly or indirectly affecting their welfare shall be recognized. Access to official records and
other pertinent documents and papers pertaining to official acts, transactions or decisions shall
be afforded the students subject only to reasonable regulations.

CHAPTER VI
RIGHT TO PARTICIPATE IN POLICY-MAKING

SECTION 32. Participation in policy-making process in schools. ~There shall be a
student representative in the Governing Board of the school. The chairman/president of the
student council or any designated representative chosen by the heads of various local college
student councils shall be the student representative and shall have the same rights as those
of a regular member; Provided, that his/her privileges shall be limited to reimbursements for
actual expenses incurred in attending meetings. The same rights shall be granted to the
secondary level.

The students shall also be represented in other policy-making bodies which directly
affect their welfare, especially in curriculum drafting, review and revision, student discipline,
and academic standards. The representatives shall be designated by the student council

SECTION 33. Participation in national policy-making. —Representatives of national
student organizations shall actively participate and possess voting powers in the formulation
of national policies by governmental agencies on matters affecting students rights and welfare
including tuition.

SECTION 34. Students’ initiative and referendum. ~The student counci/government
through a majority vote of all its members shall have the right to initiate the formulation,
modification or refection of a school policy affecting the students. The proposition for the
formulation, modification or refection of a school policy affecting the students shall be
submitted to and approved by a majority of the votes cast by all the bona fide students of the
school in a referendum called for the purpose.

SECTION 35. Right to file an appeal. The student council or government through a
majority vote of all its members shall have the right to file an appeal on a decision of any policy-
making body subordinate to the governing board. Such appeal shall be filed with the governing
board

The student council or government with the same requisite number of votes referred
to in the previous paragraph may file a motion for reconsideration on any decision of the
‘governing board

In case of any decision unfavorable to the students, the student council may file an
appeal with the Department of Education (DepEd), the Technical Education and Skills
Development Authority (TESDA) and the Commission on Higher Education (CHED), insofar
as the secondary, post-secondary technical-vocational, and tertiary students, respectively are
concerned,

All appeals and motions for reconsideration referred to in the previous paragraph must
be filed within thirty (30) calendar days from the date of notice of decision.


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SECTION 36. Schoo! fees and other tariffs,

(2) 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.

(0) Itis hereby created a set of guidelines schools with proposed increases in tuition and all
other fees must follow:

1, The school shall effectively inform the students, parents, teachers and nonteaching
personnel of the proposed tuition and other fee increase and the place and date of
the consultation at least 30 days before the consultation proper. The student council
or government, heads of student organizations, student publications shall be directly
informed via formal communication of pertinent details of the consultation. The same
communication shail be given to parents, faculty, and non-teaching personnel
organizations, if such exist

2. Alll tuition consultations shall be made before February 28;

3. The school shall make easily available at least 30 days before the consultation all
Pertinent documents including, but not be limited to, financial reports including a
comprehensive report of the incremental proceeds of the preceding year's increase,
administrative reports and the school's position paper for the perusal of the students,
parents, faculty, and non-teaching personnel;

4. The school shall allow gatherings and activities of student, parents, faculty and non-
teaching personnel in preparation for the consultation;

5. The school shall furnish the students, parents, faculty and non-teaching personnel
copies of the suggested flow and agenda of the tuition and all other fees consultation
which the concerned parties may amend to include proposals not limited to review,
refund and scrapping of existing fees;

6. The facilitating body of the consultation shall be composed of one (1) representative
from the school, students, parents, faculty and non-teaching personnel;

7. The consultation shall be opened to all concerned students, parents, faculty and
non-teaching personnel;

8. The consultation must be attended by the President of the school and at least one
(1) member of the Governing Board

9. The school publication shall be allowed to cover and report the consultation
proceedings;

10. The school, students, parents, faculty and non-teaching personnel shall agree
on the rate of tuition increase based on a consensus;

11, In the event that no consensus is made, the previous rate of tuition and other
fees shall apply.


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CHAPTER VIII
RIGHT TO DUE PROCESS IN DISCIPLINARY PROCEEDINGS

SECTION 37. Right to Due Process. ~The right to due process of students subjected
to disciplinary proceedings shall be observed and respected

(2) 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)
faculty member, two (2) students and one (1) non-academic employee to conduct
investigations in to and decide on cases of student violations of disciplinary standards
committed in relation to student activities, within campus premises or committed against a
fellow student or other members of the academic community. For purposes of impartiality, the
members of the SDB shall be chosen from the list of the nominees submitted by the student
council or government. The Student Disciplinary Board shall formulate the guidelines for the
imposition of the disciplinary proceedings. The members of the board should not only be
impartial but should also appear to be impartial

(©) Any disciplinary sanction 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
him/her;

2. The right to confront witnesses against him/her and to full access to the evidence
in the case;

3. The right to defend himseltiherself and to be defended by a representative or
counsel of his/her choice, adequate time being given to him/her for the preparation
of his/her defense;

4. The right to a hearing before the Student Disciplinary Board;

5. They shall be informed of the evidence against them;

6. They shall have the right to adduce evidence on their own behalf,

7. The evidence must be duly considered by the student disciplinary board;

8. The concept of proportionality between the offense committed and the sanctions
imposed shall be committed;

9. The right against self-incrimination;

10. The right to appeal adverse decision of the Student Disciplinary Board to the
governing board and ultimately to the appropriate education agencies;

11. The right to confidentiality;

12. The decision in a disciplinary proceeding must be rendered on the basis of relevant
and substantial evidence presented at the hearing, or at least contained in the
record and disclosed to the student affected


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(d) 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) No preventive suspension shall be imposed upon a student by reason on the exercise
of his constitutional rights; Provided, that in cases where a preventive suspension may be
imposed the same shall not be beyond 5 days

() Subject to existing laws, a decision on a case or complaint filed before the Student
Disciplinary Tribunal shall be resolved within 15 days after the filing of the complaint.

(@) 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 actions; Provided, that
such rules shall be reasonable, not arbitrary, and do not violate the provisions of the
Constitution.

(h) In cases where the school administration decides to file any case in court, criminal or
civil, against a student, it may do so only after the Student Disciplinary Board or Tribunal has
determined that the student concerned has committed the same; Provided, however, should
the student found guilty thereof by the Student Disciplinary Board or Tribunal decide to appeal
the decision thereof to the governing board of the school, DepEd, CHED, or TESDA .the
‘school administration cannot file the criminal or civil case based on the doctrine of exhaustion
of administrative remedies.

SECTION 38. Right against illegal searches and seizures. ~Any form of unlawful and
unreasonable search and seizure shall be illegal. Articles seized in violation of the herein
above provided right shall be inadmissible in evidence against the student in disciplinary action
that may be brought against him/her.

CHAPTER IX
OTHER RIGHTS

SECTION 39. Right of entry. -In case of violations of "No ID, No Entry” or uniform
policies, the student concerned shall not be denied entry provided that he/she sufficiently
provides proof that he/she is a bona fide student of the school.

Guests and visitors of the schools shall not be denied entry provided that he/she
presents a valid identification card

SECTION 40. Access to school records and issuance of official certificates. —Subject
to the provisions of the following section, 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 the request and
accomplishment of all pertinent requirements.

SECTION 41. Unpaid tuition fees and examinations. ~Students with delinquent fees
shall have the right to take an examination. No student shall be prohibited from taking a
periodic or final examination because of unpaid tuition and other school fees. Nevertheless,
such students shall be subject to the right of the school concerned to withhold the release or


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issuance of their school clearance prior to their graduation until all prior delinquencies are fully
paid.

SECTION 42. Prohibition against the militarization of the school campus and nearby
premises — The pursuit of academic excellence and exercise of academic freedom can be
attained only in an atmosphere free from fear and unreasonable restraint. Pursuant thereto,
no military detachment shall be installed near and inside the school premises.

Military elements and/or policemen in uniform or in plainclothes and school security
forces shall not interfere with student activities particularly mass actions inside the school
‘campus.

SECTION 43. Right to Privacy. ~ The privacy of communication and correspondence
of students shall remain inviolable.

CHAPTER X
FINAL PROVISIONS

SECTION 44. Rules and Regulations. The DepEd, TESDA, CHED and the
Commission on Human Rights (CHR), together with the representatives of national student
organizations, national student formations, representatives of school administrations and the
National Youth Commission(NYC) shall promulgate the necessary rules and regulations to
implement the provisions of this act within ninety (90) days from its approval

SECTION 45. Administration and Enforcement. National student organizations and
student councils or governments shall have the right to report to and demand an investigation
from the appropriate education agency into acts or acts committed by school authorities and/or
administrations violative of their rights as provided for in this Act. As such, they shall have the
right to an impartial speedy resolution of the issue.

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. To protect the interests of the students, the State shall, during the
period of suspension or upon the cancellation of license, and unless restrained by the proper
Court, take over the operations of the school

A ine 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.

SECTION 46. Penal Provisions. Any person who shall willfully interfere with, restrain
or coerce any student in the exercise of his/her rights guaranteed by this Act, or who shall in
any other manner commit any act to defeat any provision of 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 pesos(P100,000.00) or by imprisonment of not less than one year but
not more than five years, or both at the discretion of the Court.

If the offender is an educational institution, or any juridical person, the penalty shall be
imposed upon the President, Treasurer, Secretary or any person or officer responsible for the
violation. If the offender is an alien, he shall, after service of sentence, be deported
immediately without further proceeding in the Bureau of Immigration (BI). If the offender is a


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Public officer or employee, the Civil Service Commission or the Court shall, in addition to the
penalties herein above provided, order his dismissal from the government service.

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.

The DepEd, the CHED and the TESDA shall be empowered to investigate into the
violations of this Act or the rules and regulations issued thereunder and for this purpose shall
have the power to issue summons, writs, orders, subpoena and subpoena duces tecum to
secure the attendance of witnesses and the production of documents in connection with the
charges presented to the appropriate body. 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/she shall be exempt from filing fees.

SECTION 47. 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 48. 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 49. Effectivity. - This Act shall take effect fifteen (15) days after its
Publication in two (2) national newspapers of general circulation.

Approved,