EPRESES
CaN

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

FIFTEENTH CONGRESS
Second Regular Session

House ili No. 5EL8

EXPLANATORY NOTE

While students are well aware of their rights and privileges due to the onset of
student activism and ready access to practically any information through technology and
the media, they do not hesitate to assert those rights as against teachers, the school and
even the government. In asserting their rights, students should exercise them within the
boundaries or legal restrictions attached to each of these rights.

Presently, however, students are totally unaware of these limitations or legal
restrictions. In their enthusiasm to exercise these rights, many of them tend to go beyond
the limitations, even abuse their respective rights

This bill enunciates the rights and privileges of students to make them aware of
these rights as well as guide them in the proper exercise thereof.

Support for the enactment of this bill is earnestly requested

Pebiteser

REP. LINABELLE RUTH R. VILLARICA.



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

FIFTEENTH CONGRESS
Second Regular Session

House BT No,_ BETS

Introduced by HON. LINABELLE RUTH R. VILLARICA
4™ DISTRICT, BULACAN

AN ACT PROVIDING FOR A MAGNA CARTA FOR STUDENTS,

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

SECTION 1. Short Title. — This Act shall be known as the “Magna Carta for

Students Act of 2011”,

CHAPTER I
GENERAL PRINCIPLES

SEC. 2. Declaration of Policy and Guiding Principles. ~ It is hereby declared the

policy of the State to promote and protect the rights of students to enable them to
participate actively and efficiently in the democratic processes of effecting progress and
development changes in society

a)

b)

°)

4)

The following shall be the basic guiding principles

The educational system being the principal institutional mechanism for imparting
knowledge and developing talents and skills shall be given priority attention and
support by the government;

Education is a right and not a mere privilege. It is therefore the responsibility of
the State to provide quality education for all Filipinos accessible at all levels;
Student organizations shall promote intellectual development and dynamism
among students and enhance democratic processes. Membership and active
participation in student organizations, alliances and federations which promote
and protect students’ rights and welfare and/or contribute to national development
shall be guaranteed by the State and school authorities;

Student organizations shall not be subject to rules and regulations that unduly
hamper their objectives and are prejudicial to their objectives and interests. In the
same manner, school authorities shall promote avenues and means whereby
students can express their stand and position on certain policies passed by the
school;


e) Student councils/governments being the most palpable representation of the
studentry and the highest expression of the formulation of student power on
campus shall have the right to participate in the formulation of school policies
affecting students,

f) Student publications shall serve as the principal medium for free expression,
dissemination of information and interaction among the different sectors on the
academic community; and

g) The promotion and protection of students’ democratic rights shall make them a
potent and cogent force in the country’s nationalist social transformation.

SEC. 3 Definition of Terms. — As used in this Act, the following terms shall mean

a) ‘Student’ — any person enrolled in and regularly attending school in the
secondary, post secondary, graduate and post graduate levels including vocational
and technical educ

b) ‘School’ ~ any private, public or government-run and funded academic
educational institution offering any or all courses in the above-mentioned levels

©) ‘School Campus’ ~ the totality of all contiguous or proximate buildings, grounds
and other facilities designated by the school as areas or facilities for the use of its
students:

d) ‘Governing Board’ ~ the highest policy making body of the school composed of
Board of Directors, Trustees and Regents

€) ‘Student Council/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 Constitution and By-laws, if
any

£) ‘Council of Leaders’ — the body composed of the heads of various student
organizations chaired by the President/Chairman of the Student
Council/Government.

g) ‘Student Organization’ ~ an association or group of students bound by common
ideals, principles, visions and interests and working towards achieving and
realizing their goals and aspirations.

h) ‘Student Publications’ ~ publications managed and published by students which
are autonomous and independent from other sectors of the school

i) “Tuition Fee’ — the fee representing direct costs of instruction, training and other
academically-related activities, and the use of school facilities. ‘The term ‘other
school fees’ refers to fees which cover other necessary costs directly supportive of
instruction, including but not limited to medical and dental, athletic, library,
laboratory and Citizen Army Training (CAT) or Citizens Military Training
(CMT) fees.

CHAPTER 2
RIGHT TO ADMISSION AND QUALITY EDUCATION

SEC. 4. Admission Subject fo no other Restraint. ~ Subject to fair, reasonable and
equitable admission requirements, no student shall be denied admission on account of


his/her physical handicap, socio-economic status, political or religious beliefs or
membership in student organizations nor shall pregnant student and reformed drug
users be discriminated against.

Failure of or refusal by a student to sign waiver documents prepared by the school
administration shall not constitute a ground for his/her non-admission

A student shall have the right to freely choose his/her field 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 student’s rights.

SEC. 5. Right fo 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

There shall be at least one student representative in the body or committee which
screens incoming faculty members. He/she or they shall be regularly elected and
endorsed by the Student Council to the school official authorized to appoint members
of the screening body or committees.

Students shall have the right to make a written evaluation of the performance of
their teachers at the middle and toward the end of the school semester/trimester,

SEC. 6. Right fo adequate Welfare Services and Academic Facilities, ~ It shall be
responsibility of the school administration to provide students with adequate welfare
services and academic facilities.

School authorities shall provide free annual physical check-up to students, Tt shall
be the responsibility of the school authorities to provide students with adequate
laboratory, library, research, recreation and physical education facilities

It shall be the responsibility of the school administration to promptly notify
students concerned of letters and other communications it receives in behalf of
students.

CHAPTER 3
RIGHT TO ORGANIZE

SEC. 7. Right to Organize among Themselves. ~ Unity and collective effort being
fundamental to the realization of common goals and the promotion and protection of
common interests, the State hereby recognizes the right of the students to organize
among themselves.

SEC. 8. Student Council/Government. — The State shall ensure the democratic and
autonomous existence of a Student Council/Government for each school campus

w


which shall be given recommendation by the schools, colleges and universities
concerned. It shall have its own set of officers chosen from among the students
during the annual elections. Every student council/Government shall have the right to
determine its policies and programs on student activities subject to its duly ratified
Charter or Constitution.

SEC. 9, Student Council Charter/Constitution. ~ The provisions of the Student
Government Charter or Constitution shall be determined by the members of the
Student Council/Government to be ratified by the majority of the entire student
population of the concerned school.

SEC. 10. Accreditation and Granting of Privileges to Student Organizations, ~ No
unreasonable requirement shall be imposed on student organizations seeking
recognition.

‘There shall be an Accreditation Board on Campus Organizations that shall take
charge of the accreditation of all the student organizations in the school campus. It
shall be composed of one (1) representative from a student organization duly elected
by the heads of all accredited student organizations in the school, and one (1)
representative each from the Student Council/Government, school administration and
faculty association. The Board shall form part of the Student Affairs Department of
the school

There shall be no discrimination in the assignment of school facilities and the
granting of other privileges to student organizations. The school administration shall
provide, free of charge, a space, hall or building to house the offices of the different
student organizations jin the school campus.

Excessive charges for the use of school facilities shall be prohibited. Whenever
possible, the school administration shall allow organizations to use school facilities
free of charge.

SEC. 11. Formation of the Commission on
hereby created a Commission on Elections which shall conduct and oversee the
election of officers of the Student Council/Government. The Student Affairs Office
shall choose the members of the COMELEC from among the list of nominees
recommended by the Student Council/Government.

Once constituted, the COMELEC shall be independent and autonomous from any
sector of the school and shall ensure the conduct of clean, honest, peacefull and
orderly elections. The school must provide the COMELEC sufficient funds to ensure
the success of its goals and objectives.

SEC. 12. Prohibition against the use of Force, Violence or Intimidation on
Members and exaction of excessive Fees by Student Organizations, — All campus
organizations are hereby prohibited from using any form of physical or mental force,


violence, threat or intimidation in the recruitment, initiation, or retention and in the
conduct of activities of members. All campus organizations are hereby prohibited
from exacting excessive fees from its members.

CHAPTER 4
RIGHT TO PARTICIPATE IN POLICY MAKING

SEC. 13. Participation in Policy-Making Process. ~ As far as practicable and
consistent with the school’s incorporation articles, there shall be a student
representative in the governing board and other policy-formulating bodies of the
school which affect the students’ welfare.

The Chairman of the Student Council/Government or any designated
representative chosen by the said body 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.

Representatives of national student organizations shall actively p
formulation of national policies affecting students’ rights and welfare.

ticipate in the

SEC. 14. Students Initiative and Referendum. — The Student Council/Government
through a majority vote of its members shall have the right to initiate the formulation,
modification or rejection of a school policy affecting the students. The proposition
for the formulation, modification or rejection of a school policy affecting the
studentry 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. Provided,
however, that the following areas shall be excluded from the power of students on
initiative and referendum: (a) curriculum; (b) faculty recruitment and tenure; and (c)
tuition and other fees.

SEC. 15. Right fo File and Appeal. ~ The Student Council/Government through a
majority of vote of all its members may file a motion for reconsideration on any
decision of any policy-making body subordinate to the governing board. The Student
Council/Government through a majority of vote of all its members may 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

In cases, where decisions are rendered unfavorably against the students, the
Student Council/Government may file an appeal with the Department of Education
(DepEd), the Technical Education and Skills Development Authority (TESDA),
and/or the Commission on Higher Education (CHED), in so far as the secondary, post
secondary technical vocation and tertiary students, respectively, are concerned.

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


SEC. 16. On the matter of School Fees. ~ Within thirty (30) days from the start of
the school year, the governing board of every school shall create a body to be known
as the School Fee Board which shall study, conduct consultations and thereafter,
recommend tuition and other school fee increases. The body shall be composed of an
equal number of representatives from the administration, faculty, non-teaching staff,
parents and students. These representatives shall choose a chairman from among
themselves an each sector shall possess a voting right.

The School Fee Board shall be independent of and supreme over the governing
board in deliberating and making decisions on tuition and fees.

In justifying any tuition and/or other school fee increases before the School Fee
Board, the school concerned shall be required to present the school’s financial
statement for the past school year immediately preceding the proposal for such
increase. Refusal of the school administration to show its books and records for
inspection by the School Fee Board shall mean an automatic denial of its proposal for
increase.

In the event the decision of the School Fee Board is not favorably acted upon by
the school governing board, the latter’s decision may be appealed to the appropriate
education agencies within thirty (30) days from the date of decision by any affected
member of the school community.

For purposes of this section, “CONSULTATION” shall mean that there is a
consensus reached by the members of the School Fee Board in regard to the proposed
tuition and/or school fee increase. In case of failure of members of the School Fee
Board to arrive at an agreement, the alumni association of the school or any impartial
body shall act as an arbiter. No tuition and/or school fee increase shall take effect
without any consensus. ‘Consultation’ shall also include the dissemination of
adequate information relative to tuition and other school fees. The holdings of
meetings and hearings as may be necessary to ventilate the tuition and other fee
issues

No tuition and/or other school increase shall take effect unless the students and
parents have been informed of the said increase one hundred twenty (120) days
before the school year seminar or term in which the increase is to be effected

CHAPTER 5
RIGHT TO FREE EXPRESSION AND INFORMATION AND RIGHT TO
ACADEMIC FREEDOM

SEC. 17. Right fo be Informed. — The right of the Students to information on
matters affecting welfare and shall be recognized. Access to official records and
other pertinent documents pertaining to official acts, transactions or decisions shall be
afforded the students subject only to reasonable regulations that may be imposed such


as time for examining the documents and other papers to prevent loss or damage of
the same.

SEC. 18. Freedom of Expression, ~ Subject to existing laws, students shall have
the right to reply to freely express their views and opinion. They shall have the right
to peaceably assemble and petition the government and school authorities for the
redress of their grievances.

Students shall have the right to print, circulate and/or mount leaflets, newsletters,
posters, wall news, petitions and such other materials. Pursuant thereto, the school
authorities shall ensure the provision of facilities such as bulletin boards for the
mounting the aforementioned materials.

School authorities may designate a certain area on every campus as a freedom
park where students can freely discuss issued affecting them,

SEC. 19. Student Publications, ~ Students shall have the right to publish student
newspapers and other similar publications, print in their pages materials which they
deem in pursuance of their academic freedom of expression in accordance with
Republic Act NO, 7079, otherwise known as the ‘Campus Journalism Act of 1991”
Pursuant thereto, no individual who is not a staff member of the student publication
shall determine its content

The role of a faculty adviser in student newspaper shall be limited to technical
guidance

‘The selection of the student editor-in-chief and his/her staff shall be made by
annual competitive examinations to be administered by an impartial Boars of Judges.
The Board of Judges, which shall include at least one staff member, shall be
appointed by the head of the guidance counseling office or the student affairs office
from al list of nominees submitted by the existing editorial staff.

‘The editorial staff shall observe the ethics of professional journalism. It shall be
assured of security of tenure in the course of its prescribed term,

SEC. 20. Academic Freedom. ~ Students’ academic freedom shall consist of, but
not limited to, the following rights

a.) to conduct researches in connection with academic work, and to freely
discuss and publish their findings and recommendations;

b.) to conduct inquiry within the campus in curricular and extracurricular
activities;

c.) to choose a field of study and to pursue the quest for truth;

d.) to express their opinion on any subject of public or general concern, which
affects the students or the educational system;


a,

b)

©)

€.) to invite off-campus speakers or resources persons to student-sponsored
assemblies, for a, symposia, an other activities of similar nature;

£) to express contrary interpretations or dissenting opinions inside and
outside the classroom;

g.) to participate in the drafting of new curriculum and in the review or
revision of the old curriculum;

h.) to participate in the drafting and/or revision of the student handbook
which shall include the school rules and regulations, a copy of which shall
be furnished to the students upon admission to the school; and

i.) to be free from any form of indoctrination leading to impose ideological
homogeneity.

CHAPTER 6
RIGHT TO DUE PROCESS IN DISCIPLINARY PROCEEDINGS

SEC. 21. Right to Due Process. ~

A student subject to disciplinary proceedings shall have the right to defend
himself/herself, to heard and to present evidence on his/her behalf before an
impartial body. There shall be a Student Disciplinary Board to be composed of
one (1) representative from the school administration, two (2) faculty members
and two (2) students to conduct investigation into and decide on cases of student
violations of disciplinary standards.

The blacklisting, expulsion, suspension and other disciplinary sanction that may
be taken against a student shall not be valid unless the following rights have been
observed and accorded a student:

1. the right to be informed in writing of the nature and cause of the
accusation against him;

2, the right to confront witnesses against him and to full access to the
evidence in the case;

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

4, the right to a hearing before the Student Disciplinary Board;

5. the right against self-incrimination; and

6. the right to appeal adverse decisions of the Disciplinary Board to the
governing board and ultimately to the appropriate agencies of the
government.

The decision in any 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

The deciding body must act on its own independent consideration of the facts of
the case. The body, shall, in all controversial questions render its decision in


such a manner that the issues involved and the reasons for any decision are made
clear to the student.

4d.) Disciplinary sanctions shall be corrective rather than punitive or penal in nature.
The gravity of disciplinary sanctions must be proportionate to the seriousness of
the violation committed.

The office of the Guidance Counselor or any office dealing with student
discipline of the respective schools shall publish on a periodic basis acts which
are deemed violative of school rules and regulations and the corresponding
disciplinary sanctions. Provided, that, such rules and regulation do not violate
the rights guaranteed here and under the Constitution.

CHAPTER 7
OTHER RIGHTS.

SEC. 22. Right against Unreasonable Searches and Seizures, ~ Every student shall
be free from any form of any form of unreasonable search and seizure. Except for the
following instances no search or seizure of a student shall be deemed valid

a) Searches made at the point of ingress and egress by authorized personnel of the
school,

b) Searches and seizure of illegal article or articles falling in the plain view of duly
authorized personnel;

©) Searches and seizure 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;
and

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 action that may be brought against him/her.

SEC. 23. Access to School Records and Insurance of Official Certificate. — 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, transcript of records, grade, transfer
credentials and other similar documents within thirty (30) days from the filing of request
and accomplishment of all pertinent requirements.

SEC. 24. Unpaid Tuition Fees and Examination. ~ No student shall be prohibited
from taking a periodic or final examination because of unpaid tuition and other school
fees not exceeding two (2) installments, under the established terms of payment
prescribed by the school concerned and approved by the appropriate government agency.


The students with delinquent fees permitted to take an examination shall
nevertheless be subject to the right of the school concerned to withhold the release or
issuance to these students their school records or of the documents mentioned in the
preceding section or to deny these students admission at the succeeding semester, term or
year until the poor delinquencies are fully paid

SEC. 25 ~ Security of Tenure. ~ It shall be right of students to finish their entire
courses of study in a given school, except in cases of academic deficiency or violation of
disciplinary regulations.

In cases wherein the school authorities refuse to allow a student to enroll for the
subsequent semester/term or year due to the causes hereinabove stated, the student may
appeal such ruling to the appropriate education agency.

SEC. 26. Prohibition against Involuntary Conrtibution. ~ Except those approved by
their student organization, all involuntary contributions shall be prohibited.

SEC. 27. Collection of Student Paper and Student Council Fees. ~ The school
administration shall assist the Student Publications and Student Council/Government by
facilitating the collection of the Student Publications and Student Council/Government
fees from the Students. The student’s paper fees shall be held in trust for their
unhampered use in the publication of the student paper. The full amount of Student
Council/Government fees shall be turned over to the Student Council after thirty (30)
days, from the last day of registration at the start of every school year. Thereupon, the
Student Council/Government shall be accountable to the student body for such funds and
subject to semestral/trimestral audit by the Student Affairs of the school.

SEC. 28. Privacy of Communication. ~ The privacy of communication and
correspondence among students shall be observed, subject to applicable laws or the rules
and regulations of the school which are violated by the student.

SEC. 29. Scholarship Grants and Privileges. ~ Opposition to school policies
inimical to students’ interest shall not be a ground for denying or withdrawing
scholarship grants and privileges to deserving students.

SEC. 30. Right to Adequate and Safe Housing/Dormitory Facilities. ~ The State and
the respective school authorities shall endeavor to provide the students adequate, safe and
clean housing facilities

SEC. 31. Guarantee of Demilitarized School Campuses. ~ Except in cases of
national or local emergencies, such as war, natural calamities or if the prevailing situation
s0 requires, military detachments may not be installed or maintained in a campus.
Military elements and/or policemen in uniform or in plain clothes and school security
forces shall not interfere with student activities, particularly peaceful mass actions inside
the school campus.

10


SEC. 32. Firearms Ban. — Students shall not be allowed to carry firearms inside the
school campus.

They shall be required to deposit such firearms with the school security force prior
to their entrance to the premises

CHAPTER 8
RESPONSIBILITIES OF THE STUDENTS

SEC. 33. Student Responsibilities. ~ Students shall have the following
responsibilities.

a)

To develop their potentials to the utmost level in order that they may be of service
to their families and society;

To strive for academic excellence and to abide by their school rules and
regulations pertaining to their academic responsibilities ;

To exert utmost efforts towards the realization of the harmonious relationship
with the rest of the academic commu
To participate actively in school activities including athletics and civic affairs for
the development of the community and the nation;

¢) To uphold preserve and maintain the good name of their alma mater, and

f) To exercise the abovementioned rights responsively.

b)

°)

@

CHAPTER 9
FINAL PROVISIONS

SEC. 34, Rules and Regulations. ~ Within ninety (90) days from the approval of this
Act, the Department of Education (DepEd) and Commission on Higher Education
(CHED) in collaboration 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.

SEC. 35. Administrative Powers. ~ The Department of Education shall create a
multi-sectoral body composed of representatives from this Department, the school’s
administration and the student body to monitor the different school campuses to ensure
that the student rights are protected. When there is a final finding of the school’s willful
and repetitious infringement of student’s right, the body recommends to the proper
agency of the DepEd measures appropriate to the situation including, when necessary, the
suspension or cancellation of its license or permit to operate the school

SEC. 36. Separability Clause. — If any provision of this Act is declared invalid, the
remainder thereof not affected thereby shall continue to be in full force and effect.


SEC. 37. 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.

SEC. 38. Effectivity. ~ This Act shall take effect upon its approval.

Approved,