, , 
FIFTEENTH CONGRESS OF THE 
REPUBLIC OF THE PHILIPPINES 
First Regular Session 
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) 
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SENATE 
S. NO. _3_4-"'.5_ 
Introduced by Senator Antonio "Sonny" F. Trillanes IV 
Explanatory Note 
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The Infonnation Age, globalization, rapid change, segmentation of the society - these are the 
challenges which considerably increase the importance of a social and cultural role of education. 
The society will be able to respond to these challenges ouly if the education system is modem 
and flexible enough to meet the demands ofthe rapidly changing society. 
The Open Learning and Distance Education (OLDE) could be a suitable response to this reality. 
OLDE provides tools that allow increased access to education. A student availing of distance 
learning can attend classes while at home or in the workplace with the use of modules, e-mail, 
chat and video conference. However, to ensure efficiency and quality, mechanisms should be 
employed to monitor the academic progress of the students. 
In view of the foregoing, immediate passage of this bill is earnestly sought. 
~~o..>'\-,,-.;;tl TRILLANFB IV 
Senator 
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FIFTEENTH CONGRESS OF THE 
REPUBLIC OF THE PHILIPPINES 
First Regular Session 
) 
) 
) 
SENATE 
S. NO. ----'3"-4~5"_ 
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Introduced by Senator Antonio "Sonny" F. Trillanes IV 
AN ACT 
STRENGTHENING THE OPEN LEARNING SYSTEM OF HIGHER EDUCATION IN 
THE PHILIPPINES, APPROPRIATING FUNDS THEREFOR AND FOR OTHER 
PURPOSES 
Be it enacted by the Senate and House of Representatives of the Philippines in Congress 
assembled: 
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SECTION 1. Title.- This Act shall be known as the "Open Tertiary Education Act of 
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2010". 
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SEC. 2. Declaration of Policy.- It is hereby declared the policy of the State to expand 
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and further democratize educational opportunities for our people in a more effective and 
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economical manner through the utilization of innovative educational technologies. In view 
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thereof, the State recognizes the open learning system as a necessary mode to widen access to 
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quality tertiary education even as it guarantees academic freedom of higher education institutions 
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on what to teach and how to teach. 
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SEC. 3. Definition of Terms.- For purposes of this Act, the following terms are hereby 
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defined: 
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"a. Open Learning System - A philosophy of learning that is highly flexible and learner-
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centered, that is the conditions for learning are controlled by the learner, thus enabling him to 
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learn at the time, place and pace which satisfy his circumstances and requirements. It includes 
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Expanded Tertiary Education, Equivalency and Accreditation Program (ETEEAP), prior 
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learning, portfolio learning, non-traditional, or sorts of prior learning that could be submitted for 
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formal recognition. 
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"b. Distance Education - A System of delivering educational services to students who are 
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disadvantaged by limited time, distance, or physical disability, among others, through the use of 
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specially designed materials and methods and supported by organizational and administrative 
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structures and arrangements. It is characterized by the separation of learner and teacher, the 
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influence of an organization, the possibility of occasional meetings and face-to-face interactions, 
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the recourse to an industrialized form of education, and the use of technical media such as print, 
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radio, audio, video and computers. 
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"c. Open University - A university which makes use of the open learning system by 
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offering distance education programs at the tertiary level to students who cannot complete their 
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education using the traditional mode. 
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SEC. 4. Coverage.- This Act shall apply to public and private higher education 
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institutions with existing open learning programs and to other institutions which shall later be 
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authorized as qualified implementers of the System. 
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SEC. 5. Admission Requirements.- Admission to an open tertiary education shall be 
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governed by these admission requirements: 
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a. Completion of high school education evidenced by a high school certificate/transcript 
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of records shall be required for admission; and 
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b. Admission requirements by the admitting educational institution shall be instituted in 
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accordance with standards set by the Commission on Higher Education (CHED). 
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SEC. 6. Program Requirements.- There shall be defined a set of courses (Subjects) 
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and/or examinations, the completion of which shall be required for graduation from a program, 
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and which shall be equivalent to those under the formal system. 
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a. The place, pace and mode of study shall be done at the option and convenience of the 
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student, except in the case of examinations of which its context, content and conduct shall be 
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determined by the institution. 
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b. The CHED and/or the institution concerned shall develop and implement a mechanism 
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to monitor the academic progress of the students. 
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c. The programs to be offered and the curricula to be implemented under the open 
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tertiary education shall conform to the CHED's updated policies and guidelines on open learning 
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and distance education. 
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d. Completion of a program shaH be evidenced by the award of the appropriate certificate 
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or diploma. 
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e. For the practice of the profession for which one has acquired the necessary academic 
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credentials in the Open Tertiary Education, the existing requirements of passing a board or 
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exams shall apply. 
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SEC. 7. Mode of Delivery.- Open Learning SystemlDistance Education may be delivered 
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using the following: 
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a. Media 
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I. Print -
textbooks, study guides, workbooks, course syllabi, correspondence 
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feedback, and other print formats; 
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2. Audio-Visual - radio, audio cassette tapes, slides, film, videotapes, television, 
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telephone, fax, audio-conferencing, video-conferencing; 
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3. Electronic/Computer Technology - CD-ROM, electronic mail, e-bulletin boards, 
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world-wide web, E-Iearning or online delivery of education; and 
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4. Face-to-face sessions. 
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b. Autonomous open learning/distance education institutions or independent open 
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learning/distance education departments of a conventional or traditional institute. college or 
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university; 
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c. Consortium model consisting of open learning/distance education departments of 
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different institutions. 
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SEC. 8. Support to Distance Education Programs.- Higher education institutions with 
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open learning programs shall be provided support based on the following criteria to be 
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determined by the CHED: 
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a. Qualified faculty with experience and/or training in distance education; 
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b. Relevant curricular programs; 
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c. Appropriate educational materials; 
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d. Suitable student support services and delivery system; and 
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e. Linkages with other appropriate institutions as study centers. 
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SEC. 9. Support to Students.- Any student enrolled under this Act shall be given access 
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to all privileges, opportunities and entitlements that a student similarly situated under the 
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traditional system may have access to, including but not necessarily limited to, availment of 
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scholarships, grants and loans from the government or government-administered funding 
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sources. Specifically, higher education institutions shall be tasked to perform the following 
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support services: 
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a. Maintain faculty-student dialogue in strategic sites and/or establish learning centers or 
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linkages with other HEIs to insure greater access to the clientele for admission, tutorial, 
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counseling, testing and evaluation activities; 
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b. Provide clear admission policies and procedures for applicants; 
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c. Provide for an efficient and reliable communication system and media support 
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including equipment and facilities; 
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d. Show evidence of regular monitoring oflearners' progress; and 
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e. Provide liberty and learning resources for the students. 
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SEC. 10. Role of tI,e Commission on Higher Education (CHED).- The CHED has the 
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authority to identify the higher educational institutions which shall be allowed to offer open 
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learning/distance education programs and be given allocation for the continued implementation 
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of these programs. As such, it shall: 
lOa. Promulgate the necessary rules and regulations for the effective implementation of 
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the System; 
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b. Propose approaches to improve the quality of distance education in the country and 
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formulate a quality control mechanism for distance education in the country and formulate a 
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quality control mechanism for distance education; 
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c. Monitor and evaluate existing open learning programs; 
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d. Review and approve proposals for new open learning programs from educational 
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institutions; and 
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e. Recommend to the Department of Budget and Management (DBM) the budget for 
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open learning programs of qualified higher education institutions based on the CHED monitoring 
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and evaluation results. 
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SEC. 11. Role of Broadcast Stations and Telecommunications Network.- Broadcast 
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stations and telecommunications networks are encouraged to provide assistance and cooperation 
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in support of the open learning system or in the delivery of distance education, which may 
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include but not necessarily limited to, the transmission of materials for formal and non-formal 
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courses to learners not only in the Philippines but also outside the country. 
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SEC. 12. 
Tax Incentives.-
Private entities such as broadcast stations and 
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telecommunications networks and others which shall provide appropriate materials, time and 
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services to the system shall be given corresponding tax credits in accordance with existing rules 
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and regulations. 
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SEC. 13. Appropriations.- The amount necessary to carry out the initial implementation 
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of this Act shall be charged to the appropriations of the Commission on Higher Education lmder 
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the current General Appropriation Act. Thereafter, the funds necessary for the continuous 
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implementation of this Act in the ensuing years shall be included in the annual appropriations of 
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CHED in the General Appropriations Act. 
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SEC. 14. Implementing Rules and Regulations.- The Commission on higher Education 
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(CHED), in consultation with relevant stakeholders in higher education, is hereby mandated to 
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formulate the rules and regulations to implement this Act within a period of ninety (90) days 
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from the effectivity thereof. 
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SEC. 15. Separability Clause.- If any provision of this Act or any part thereof be 
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declared unconstitutional or invalid, the other provisions, far as they are separable from the 
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invalid ones, shall remain in force and effect. 
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SEC. 16. Repealing Clause.- All laws, decrees, orders, rules and regulations or parts 
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thereof specifically inconsistent with this Act are hereby repealed or modified accordingly. 
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SEC. 17. Effectivity.- This Act shall take effect fifteen (15) days after its publication in 
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the Official Gazette or in at least two (2) newspapers of general circulation. 
Approved, 
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