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RECEIVED
HOUSE OF REPRESENTATIVES UATE:.JUN 02
Quezon City, Metro Manila eae
EIGHTEENTH CONGRESS
First Regular Session
HOUSE BILL NO. 8922

Introduced by Representative Manuel Luis T. Lopez

AN ACT
MANDATING ALL GOVERNMENT-OWNED BROADCASTING STATIONS TO SERVE AS
OPEN DISTANCE LEARNING DELIVERY MODALITIES DURING THE COVID-19
PANDEMIC, INSTITUTING PENALTIES FOR VIOLATIONS THEREOF, AND FOR
OTHER PURPOSES
EXPLANATORY NOTE

In the midst of the COVID-19 pandemic, over 27 million students faced a major
interruption in their learning. In order to finish school year 2019-2020, numerous educational
institutions have turned to online delivery learning.

However, the pandemic has highlighted strains of inequities to the education system,
particularly the lack of access to technology or stable internet and to household support to
learning, For those students who do not have and cannot afford computers, laptops, smart
phones, or stable internet, they are forced to go to crowded places such as computer shops to
access wifi and sari-sari stores to get cellular data, endangering their health and safety,

Confronted with uncertainty in the timeframe for containment and cure of the COVID-
19, suspension of face-to-face classes will not be enough. In the time of crisis, promoting and
protecting the right to quality education entails exploring new approaches that will close equity
gaps in the access to education while ensuring the health, safety, and welfare of all learners and
teachers.

‘The proposed measure aims to assist the Department of Education (DepEd) in rolling
out the Basic Education Learning Continuity Plan. It seeks to mandate the DepEd to include
broadcast-based open delivery learning in its learning delivery modalities, and to mandate all
government-owned broadcasting stations to provide adequate free airtime for educational and
instruction materials for all grade levels. The franchises of these stations are after all privileges
that may reasonably be burdened with the performance of some form of public service for the
‘common good.

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

Representative, 1% District, CIty of Manila

1 ABS-CBN Broadcasting Corporation v. Philippine Multi-media System, Inc, et al, G.R. No. 175769-
70, January 19, 2009.

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Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City, Metro Manila

EIGHTEENTH CONGRESS
First Regular Session

HOUSE BILL NO. S922

Introduced by Representative Manuel Luis T. Lopez

AN ACT
MANDATING ALL GOVERNMENT-OWNED BROADCASTING STATIONS TO SERVE AS
OPEN DISTANCE LEARNING DELIVERY MODALITIES DURING THE COVID-19
PANDEMIC, INSTITUTING PENALTIES FOR VIOLATIONS THEREOF, AND FOR
OTHER PURPOSES

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

SECTION 1. Short Title. - This Act shall be known as “Broadcast-based Learning Act of
2020".

SEC. 2. Declaration of Policy. - Under the Constitution of the Republic of Philippines, it
is a declared policy of the State to protect and promote the right of all citizens to quality
education at all levels, and to take appropriate steps to make such education accessible
to all.

In light of the COVID-19 pandemic, it is hereby further declared the policy of the State to
ensure learning continuity and close equity gaps in the access to primary and secondary
education by providing free and public broadcast-based open distance learning, while
protecting the health, safety, and welfare of all learners, teachers, and personnel of the
Department of Education.

SEC. 3. Definition of Terms. - As used in this Act, the following terms are defined as
follows:

(a) Broadcast-based Learning refers to an open distance learning which uses
broadcast media, such as television and radio, as delivery modalities,
whether solely or in combination with other learning delivery modalities;

(b) Distance Education or Learning refers to a mode of learning in which
students and teachers are physically separated from each other. It is
student-centered, guided independent study, making use of well-studied
teaching and learning pedagogies to deliver well-designed learning
materials in various media. It is also sometimes described as flexible
learning and distributed learning;


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(c) Open Distance Learning refers to the merger of two (2) concepts, that of
open learning and distance education or learning. It is a system which
combines the methodology of distance education with the concepts of
open learning and flexible learning;

(@) Open Learning refers to a philosophy of learning that is based on
flexibility of access for equity in education, an educational system
accessible to every individual with minimal restrictions and emphasizing
the flexibility of the system to eradicate problems caused by barriers like
age, geographical location, time constraints and economic situation;

(e) Radio Station - refers to broadcast type radio network intended to reach a
wide audience and can be linked to radio networks to broadcast a
common radio format, either in broadcast syndication or simulcast or
both; and

(Television Network - atelecommunications network for distribution
oftelevision program content, whereby a central operation provides
programming to many television stations or pay television providers. It
shall be referred to in this Act as “TV Network”.

SEC. 4, Institutionalization of Broadcast-based Learning. - In the duration of the
COVID-19 pandemic, Broadcast-based Learning is hereby institutionalized for primary
and secondary education in the Philippines in order to provide free, public, and
accessible learning delivery modalities for all learners; Provided that, primary and
secondary educational institutions are authorized to decide on the specific learning
delivery modalities deemed appropriate in their context and consistent with the COVID-
19 guidelines and regulations.

SEC. 5. Program and Curriculum Development. - The Department of Education
(‘DepEd’) shall:

I. In consultation and with the support of the Presidential Communications
Operations Office ("PCOO”), Movie and Television Review and Classification Board
("MTRCB"),

(a) Develop a Broadcast-based Learning Program (“Program”),

(b) Develop a curriculum based on the Program that shall ensure that the
learning outcomes are clearly articulated in terms of competencies, skills,
and behavioral attributes and conform to existing policies, standards, and
guidelines,

{c) Hire the services of a producer to assist in the creation and production of
the educational and instruction materials, and

(d) Designate at least one (1) master teacher per grade level to deliver the
educational and instruction materials in accordance with the Program.

Il. Have recordings of all educational and instructional productions on the Program
compiled and stored in media storage devices, which shall be made available for public
distribution.


SEC. 6. Allocation of free air time. - In coordination with the DepEd, PCOO, MTRCB,
and other concerned agencies, all government-owned broadcasting stations are
mandated to provide free airtime for the Broadcast-based Learning Program, as follows:
(a) Two (2) hours a day for six (6) days every week, from Monday to
Saturday; and
(b) One (1) hour per week for each grade level, from kindergarten to grade
12,

SEC. 7. Tax Incentive. - Expenses incurred by government-owned broadcasting stations
in broadcasting open distance learning educational and instruction materials shall be
allowed an additional deduction from the gross income equivalent to fifty percent
(50%) of such expenses.

SEC. 8, Report of Violations, - Any natural or juridical person may report any violation
of this Act to the PCOO.

SEC. 9. Penalty. - Any person or entity violating any provision of this Act shall be fined
by an amount ranging from Fifty Thousand Pesos (Php 50,000.00) up to Five Hundred
Thousand Pesos (Php 500,000.00). The fine shall be separate to any administrative
penalties imposed, in case of individuals in the civil service.

SEC. 10. Implementing Rules and Regulations. - Within sixty (60) days from the
effectivity of this Act, the DepEd shall, in consultation with the PCOO and MTRCB,
promulgate the implementing rules and regulations of this Act.

SEC. 11. Monitoring Agency and Reports. - The DepEd shall supervise and monitor the
implementation of this Act, and report annually to the President and Congress on its
activities in carrying out the provisions of this Act.

SEC. 12. Sunset Clause. - This Act shall expire after a three-year period from the date of
its effectivity, or sooner upon official declaration of the President of the Philippines
issued upon recommendation of the Inter-Agency Task Force on Emerging and
Infectious Diseases that the prevailing guidelines of the World Health Organization and
the consensus of the international medical community conclusively show that a viable
vaccine has contained or eradicated COVID-19.

SEC. 13. Amendatory and Repealing Clause. - All laws, decrees, orders, rules and
regulations, ordinances, or any parts thereof, inconsistent herewith are hereby repealed
or modified accordingly.

SEC. 14, Separability Clause. - If any provision or part hereof is held invalid or
unconstitutional, the remainder of the law or the provision not otherwise affected shall
remain valid and subsisting.

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

Approved,