CONGRESS OF THE PHILIPPINES
FIFTEENTH CONGRESS:
First Regular Session

HOUSE OF REPRESENTATIVES

House Bill No. 835

Introduced by REP. MARK A. VILLAR —

EXPLANATORY NOTE

Section 1, Article XIV of the 1987 Constitution mandates that 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. The Constitution further provides that the State shall
establish, maintain, and support a complete, adequate, and integrated system of education
relevant to the needs of the people and society and that the State shall encourage non-formal,
informal and indigenous leaming systems, as well as self-leaming, independent, and out-of-school
study programs particularly those that respond to the community levels (Sec. 2, Art. XIV, 1987
Constitution).

While the government labors in upholding these constitutional mandates, it is a sad reality
that it encounters difficulty in providing quality and accessible education to all due to budgetary
constraints and other relevant factors. In the preceding years, we have witnessed the decline in
the quality of education and the significant increase in the number of students not pursying and/or
finishing higher education. Somehow, this trend came about because a large number of Filipine
families, with their meager resources, could not afford the everyday expenses involved (e.g. daily
allowances for transportation, meals and other school-related incidental expenses) in sending
their children to college the traditional way. Besides, many of our young people necessarily had to
leave school and shelve their dream of acquiring higher education for them to immediately work it:
low-paying jobs to help in the upkeep of their families. :

‘The Open Learning and Distance Education could be a suitable response to this reality.
Unlike traditional education in which one goes to school regularly to meet teachers and
classmates, a student availing himself or herself of distance leaming can attend classes while at
home or in the workplace with the use of modules, e-mail, chat and video conference to name a
few. Like the traditional learning experience, distance education follows a curriculum, but studying
can be done at ones pace. To ensure efficiency and quality, mechanisms are employed to monitor
and ensure the academic progress of the students.

This bill seeks to strengthen and regulate the offering of open leaming and distance
education in the country. This modem delivery of education to learners could make higher
education accessible to a great number of our people pursuant to the Constitutional mandate. As
long as the necessary support for the efficient implementation of the system as enunciated in the
bill are followed, open learning and distance education could well serve as effective engines to
develop our people and nation.

With the foregoing discussion, | eamestly recommend the early approval of the bill.
ee
MARK A. VILLAR
Representative, Lone District of Las Pifias City



~~" CONGRESS OF THE PHILIPPINES

“- FIFTEENTH CONGRESS
First Regular Session

HOUSE OF REPRESENTATIVES

House Bill No. | 835

Introduced by REP. MARK A. VILLAR

- AN_ACT TO IMPROVE ACCESS TO EDUCATION THROUGH OPEN LEARNING
AND DISTANCE EDUCATION IN POST SECONDARY AND TERTIARY LEVELS
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 \ssembled:

SECTION 1. Short Title. - This Act shall be known as the “Open Learning and
Distance Education Act of 2010.”

SEC. 2. Declaration of Policy. It is hereby declared the policy of the State to
expand and further democratize access to quality education at the post secondary
and tertiary levels through the promotion and application of open learning as a
philosophy of access to educational services, and the appropriate, efficient and
effective implementation of distance education as a system of delivering quality post
secondary and tertiary educational services in the country

SEC. 3. Definition of Terms. — For purposes of this Act, the following terms
~ are hereby defined:

_ (@) Open Learning - A philosophy of learning that is quality-assured,
open to people, methods, places and ideas, and is highly flexible and
learner-centered, enabling the latter to learn at the time, place and
pace which satisfy his/her circumstances and requirements;


(ce)

(a)

Distance Education — is a mode of educational delivery whereby the
teacher and learner are separated in time and space, and the
instruction is delivered through specially designed matefials and
methods using appropriate technologies and learning management
systems and supported by organizational and administrative structures
and arrangements. It enables learning to take place from a distance,
virtually and differently from the conventional classroom or traditional
mode;

Open University/College/institution — refers to a higher education
institution that is a separate, independent, and degree-granting
academic entity which employs operational procedures and strategies
of an open learning institution;

Center/Institute/School of Distance Education ~ refers to a subsidiary
of a higher education institution which offers distance education
programs, but is not qualified to be called an Open
University/College/Institution, and whose degrees are awarded by the
mother university/College/Institution;

Higher Education Institution - refers to an institution of higher learning
in the Philippines which, primarily offers degree-granting programs,
including post secondary degree granting vocational and technical
institution duly recognized by the Commission on Higher Education;

Tertiary Education — shall refer to the higher learning level after high
school offering baccalaureate, graduate or post-graduate programs;

Post Secondary Education - shall refer to non-degree technical-
Vocational programs accredited by the Technical Education and Skills
Development Authority;

Technical-Vocational Programs - shall refer to post secondary
certificate courses, officially recognized as non-degree programs aimed


at preparing technicians, paraprofessionals and other categories of
middle-level workers by providing them with a broad range of general
education, theoretical, scientific and technological studies, and related

e job skills training.

SEC. 4. Institutionalization of Distance Education. — Distance Education is
hereby institutionalized in the Philippines in accordance with the provisions of this

Act.

- SEC. 5. Coverage. This Act shall apply to public and private higher education
institutions (HEIs) and post secondary technical/vocational schools in the Philippines
Which have existing open learning and distance education programs, and to other
tertiary and technical/vocational institutions which shall later be authorized as
qualified implementers of open learning and distance education programs.

Sec. 6. Admission and Other Academic Policies and Requirements.
Admission and other academic policies and requirements in HEIs offering tertiary
education through distance education programs shall be governed by a set of
policies, standards and requirements set for tertiary education by duly authorized
academic bodies such as Board of Regents/Trustees, University/Faculty Councils,
and/or the Commission on Higher Education, and for technical-vocational courses in
the post secondary level by the Technical Education and Skills Development
Authority such as, but not limited to, the following:

~_ (@)_ Completion of secondary education;

~ (b) Passing an entrance examination given by the HEI or post secondary
school; and

(c) Compliance with the other admission requirements of the admitting
= higher education or post secondary institutions that are instituted in
accordance with the standards set by the CHED and TESDA,

respectively.


SEC. 7. Program, Curriculum and Course Development Offerings and

Requirements. — Open learning programs, curricula and courses developed and

offered in distance education mode shall be subjected to similarly high standards,

policies and guidelines imposed on traditional or conventional tertiary education

programs, curricula and courses to ensure equivalence in quality and substance of

~-— ‘both distance and traditional or conventional modes of education.

_. There shall be defined a set of courses/subjects and/or examinations, and/or
special projects and activities, the completion of which shall be required for
graduation from the academic degree program, and which shall be equivalent to
those under the conventional mode of instruction.

(a)

(b)

(@)

(e)

The place, pace, and mode of study of the student shall be at the
option and ccavenience of the student, but within the predetermined
time frame of the distance education program the student is enrolled in
and except in the case of examinations whose context, content and
conduct shall be determined by the distance education institution;

The institution concerned shall formulate and implement a mechanism
to monitor the academic progress of the students;

The curricular offerings using the open learning philosophy which are
offered through the distance education mode shall conform to
respective policies, standards, and guidelines for distance education of
CHED and TESDA:

Completion of all the requirements for the academic program shall be
evidenced by the award of the appropriate academic degree;

For the practice of the profession for which one has acquired the
necessary academic credentials through distance education, the
existing requirements of passing a board examination shall apply.


SEC. 8. Mode of Delivery. Open Learning/Distance Education may be

_. delivered using information and communications technology and other approaches,

such as but not limited, to the following:

(a)

Print — textbooks, study guides, workbooks, course syllabi,
correspondence feedback, and other print formats;

Audio-Visual — radio, audio cassettes, slides, film, videotapes,
television, telephone, fax, audio-conferencing, and video-conferencing;

Electronic/Computer Technology and Virtual Classrooms — CD-ROM,
electronic mail, e-bulletin boards, world-wide web, E-learning or online
learning management systems; and

Face-to-face sessions — conducted in learning and study centers.

SEC. 9. Support to Open Leaming and Distance Education Programs. - The
CHED and the TESDA she' provide support to higher education institutions and post

secondary schools, respectively, with open learning and distance education

pfograms, such as, but not limited to the following:

(a)

(b)

(3)

(e)

)
a)

Training of qualified faculty with experience and/or training in open
leaming and distance education materials;

implementation of relevant curricular programs:

Development of appropriate learning materials;

Acquisition of technology

Provision of suitable student support services;

Development of suitable learning management systems or platforms;
Formal linkages with other appropriate institutions that can host
learning or testing centers.

SEC. 10. Support to Students. — Any student enrolled in open learning and

distance education programs under the auspices of this Act, shall have access to all

privileges, opportunities and entitlements that a student similarly situated under the

conventional system of instruction may have access to, including, but not necessarily


be. limited to, availment of scholarships, grants, and loans from the government or

government-administered funding sources. Specifically, higher education institutions

and post secondary schools engaged in open learning and education programs shall

be tasked to perform the following student support services:

ses. (a)
(bj

Provide clear admission policies and procedures for applicants;
Maintain faculty-student dialogue and interactivity through virtual
classrooms linked electronically or through established learning centers
or both, whichever may be feasible, to ensure greater knowledge
sharing, access. Counseling, and the provision of other support
services;

Provide for an efficient and reliable communication system, feedback
mechanism, especially on learners’ academic progress, and
multimedia support;

‘Show evidence of regular monitoring of learners’ progress; and

Provide a wide range of relevant, updated and accessible learning

resources that are easily accessible to students

- SEC. 11. Role of the University of the Philippines Open University (UPOU)
‘The University of the Philippines Open University, hereinafter referred to as the
UPOU, shall be designated as the National Open University. As such, it shall:

(a)

(b)

(©)

Provide leadership in the development of open learning and distance
education expertise in the country and in the appropriate use of
information and communications technologies in support of quality
higher education;

Promote best practices in open learning and distance education in the
Philippines;

Share knowledge through informed and innovative research and other
development activities related to distance education through its
exemplar policies, programs, materials, learning management systems
guidelines and offerings;


(a)

(O)

0)

(9)

(h)

(i)

0)

~ (kK)

0)

Design model curricular programs which shall serve as prototype
Programs upon which similar programs to be offered by other HEIs in
the country shall be patterned after;

Assist CHED and TESDA in the formulation of national policies,
standards, and guidelines for distance education;

Develop and promote appropriate information and communication
technologies to facilitate quality open learning and distance education
programs in the country;

Design and produce quality learning materials and objects, both in print
and multimedia formats, for higher education instruction in the country;
Make instructional materials for distance education programs
accessible to the public through collaborative arrangements, and other
appropriate mechanisms;

Assist other interested educational institutions in developing. their
distance education programs, courses, and materials for specific
learner groups or the public at large: and

Provide technical assistance to CHED and TESDA on matters relating
to distance education policies, guidelines and standards, particularly in
implementing an accreditation system for open learning and distance
education programs and institutions in the country;

Design and implement a continuing program to develop high level
expertise in the fields of open learning and distance education in the
Philippines through quality formal academic degree programs and non-
formal courses through either or both distance and face-to-face modes
of instruction and training; and

Help capacitate distance education teachers and practitioners through
its capacity building and professionalization programs.

SEC. 12. Role of the Commission on Higher Education (CHED) and the
Technical Education and Skills Development Authority (TESDA). - The CHED and
TESDA shall be the respective authorities to identify the HEIs and post secondary
schools which shall be allowed to offer distance education programs and be given

allocation for the continued implementation of these programs. As such, they shall:


_ (@) Formulate, promulgate, disseminate and implement the necessary
policies, standards, guidelines, rules and regulations for the effective
- implementation of distance education in the country;

(b) _ Formutate and implement strategies to improve the quality of distance
education programs and implement a system of quality control for open
leaning and distance education in the country;

(c) Monitor and evaluate existing open learning and distance education
programs and effect the continuation or closure of programs in
accordance with the provisions of the implementing rules and

ms regulations for distance education in the country;
. (@) Review and approve or disapprove proposals from higher education
- institutions for the implementation of new distance education
= programs; and
(e) Recommend to the Department of Budget and Management (DBM) the
= budget for distance education programs of qualified state higher
education institutions and public post secondary schools based on the
respective monitoring and evaluation results of the CHED and TESDA

SEC. 13. Role of Broadcast Media and Telecommunications Networks.
Broadcast media and telecommunications networks are encouraged to provide as
much_assistance and cooperation to higher education institutions offering open
learning and distance education programs. Such assistance may include, but not
necessarily be limited to, the transmission of learning materials for formal and non-

~ formal courses to learners not only within the Philippines, but also outside the
~ country.

SEC. 14. Tax Incentives. - Any donation, contribution, bequest and grant,
and/or in cash or services which may be made by individuals, groups and
organizations, including but not limited to private entities such as private schools,
broadcasting companies, telecommunications networks and others which shall

~ provide appropriate materials, time and delivery support services for the promotion of
open learning and distance education in partnership with higher education
institutions delivering academic degree programs through distance education, shall
be allowed to be fully deductible from gross taxable income of the donor for income



“tax purposes and shall be exempt from donor/s’ tax and subject to such conditions
as provided under the National Internal Revenue Code, as amended

SEC. 15. Implementing Rules and Regulations. - The Commission on Higher
Education, through its Technical Panel for Distance Education, and the Technical
Education and Skills Development Authority, in consultation with relevant
stakeholders in higher and technical education, are hereby mandated to formulate
thé rules and regulations ‘9 implement this Act within a period of ninety (90) days
from the effectivity thereof.

__SEC. 16. Appropriations. — For the initial implementation of this Act,
amount of P150 Million (P150,000,000.00) shall be allocated from the President's
Social Development Fund or from other sources, to the CHED, TESDA and the
UPOU in this proportion: forty percent (40%), forty percent (40%) and twenty percent
(20%) share, respectively. Thereafter, such funds necessary for the continuous
implementation of this Act shall be included in the respective budgetary allocations of
the CHED, TESDA and the UPOU in the annual General Appropriations Act

SEC. 17. Separability Clause. - \f any provision of this Act or any part thereof
. be declared unconstitutional or invalid, the same shall not affect the validity of the
other provisions of this Act.

SEC. 18. Repealing Clause. — All laws, decrees, orders, rules and regulations
or parts thereof which are inconsistent with the provisions of this Act are hereby
repealed, amended or modified accordingly

SEC. 19. Effectivty. - This Act takes effect fifteen (15) days after its
publication in the Official Gazette or in at least two newspapers of general
~ circulation.

_ Approved,