Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

FIFTEENTH CONGRESS
First Regular Session

2044

House Bill No.

Introduced by HON. IRWIN C. TIENG.
and HON. MARIANO MICHAEL M. VELARDE |

EXPLANATORY NOTE

The world is experiencing economic recession, Our country is not spared from

this predicament. There is massive retrenchment. The number of unemployed

escalates. Prices of commodities rise. Just recently, news came out that more than 1

% of schools increased their tuition fees. Pre-need companies are on the brink of
pse.

There are instances that students who are enrolled resulted to dropping-out
because at the middle of the semester or school year, their guardians or parents are
laid-off or retrenched. The latter could no longer support the daily allowances and
transportation expenses of their students. The option is to enroll to another school with
minimal expense, if not totally stop schooling. However, most of the schools do not
release the students’ official records, including but not limited to, transcript of records
and certificates, if the students cannot pay in full the school fees. Thus, the students
can ne longer pursue their education, their hope for a better future.

As provided by the 1987 Constitution, Article XIV, Section 1: “The State shall
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.”

Hence, the passage of this Bill is urgently sought in order to give assistance to
students and their families who are experiencing financial difficulties.

WIN Me JARIANO MICHAEL M. VELARDE


REPUBLIC OF THE PHILIPPINES
HOUSE OF REPRESENTATIVES
QUEZON CITY

FIFTEENTH CONGRESS
First Regular Session

HOUSE BILL NO. 2044

Introduced by HON. IRWIN C. TIENG
and HON. MARIANO MICHAEL M. VELARDE

AN ACT
PROHIBITING THE WITHHOLDING OF STUDENTS’ OFFICIAL RECORDS FOR
TRANSFER PURPOSES BY REASON OF NON-PAYMENT OF SCHOOL TUITION
FEES AND OTHER NECESSARY FEES, AND FOR OTHER PURPOSES

BE IT ENACTED by the Senate and the House of Representatives of the
Philippines in Congress assembled.

SECTION 1. Declaration of Policy. — It is hereby declared a policy of the State to
give priority to education to foster patriotism and nationalism, accelerate social
progress, and promote total human liberation and development.

Further, the State shall protect and promote the right of all citizens to quality
education at all level and shall take appropriate steps to make such education
accessible to all.

SECTION 2. It shall be unlawful for any school, university or college in the
country to withhold or to otherwise cause, directly or indirectly, the delay in the release
of the official records of the students for transfer purposes by reason of non-payment, in
part or in full, of tuition fees or other necessary fees.

SECTION 3. Students who have enrolled in any school, university or college who
would like to leave or who are compelied to leave the institution during the semester or
school year due to indigency, financial constraints or financial reverses but cannot
settle, in part or in full, the tuition fees and/ or other necessary school fees, shall be
allowed to leave the school, university or college, with a right to demand the issuance of,
the official records and other pertinent documents upon the execution of a promissory
note covering the unpaid obligation. The promissory note, executed by the guardians or
parents of the students, shall be secured by either a mortgage or by a guarantee of a
co-maker, who will be jointly and severally liable with the students for the unpaid
obligation. Further, they must present a certificate of indigency issued by their
respective local government units or proof of insolvency, as the case may be

SECTION 4. Any officer or employee of the school, university or college
responsible for releasing the officials records of the students, who violates the
provisions of this Act shall be punished by a fine of not less than ten thousand pesos
( P 10,000.00) but not more than fifty thousand pesos ( P 50,000.00) or imprisonment of
not less than one month, but not more than six months, or both such fine and
imprisonment, at the discretion of the court.


SECTION 5. The Commission on Higher Education and the Department of
Education shall promulgate the necessary rules and regulations to carry out the
provisions of this Act.

SECTION 6. Separability Clause. - “If any provision or part thereof, is held
invalid or unconstitutional, the remainder of the law or the provision not otherwise
affected shall remain valid and subsisting.

SECTION 7. Repealing Clause. - Any law, presidential decree or isstance,
executive order, letter of instruction, administrative order, rule or regulation contrary to,
or inconsistent with the provisions of this Act is hereby repealed, modified or amended
accordingly.

SECTION 8. Effectivity Clause. - This Act shall take effect fifteen (15) days after
its complete publication in at least two (2) national newspapers of general circulation.

Approved,