Introduced by Senator S. R. Osmeiia 111 
EXPLANATORY NOTE 
Universal access to quality education is enshrined in the Philippine 
Constitution. The national priority on education is re-enforced by the fact that in the 
present era, knowledge has become the main source of wealth, especially in 
advanced economies. Countries whose citizens display a high intelligence quotient in 
terms of literacy and proficiency in the sciences, technology and management have 
reaped the highest economic rewards worldwide. 
It is well known that at the tertiary level, the opportunity cost of time constitutes 
the highest cost of education. Most students cannot go to college because they need 
to start working at a job to contribute to the family income. 
This bill seeks the adoption and institutionalization of an “open tertiary 
education” system in the Philippines. 
An “open” school deviates from the graded, 
structured and class-attended formal system in that it makes use of radio, television, 
print media, audio and video equipment and other forms of instruction that may occur 
at a place and pace of study determined by the student himself. Hence, the student 
does not necessarily have to forego the chance of earning a living while he pursues a 
college education. 
This bill seeks to reduce the effective cost of a college education to a great 
number of our young students by allowing them to economize on their time. This bill is 
a measure that will empower higher investments in education and improve the future 
for our people. 
In view of the foregoing,‘early passage of this bill is earnestly requested. 
S&GIO OSMERA H I  
Senator 


THIRTEENTH CONGRESS OF THE 
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REPUBLIC OF THE PHILIPPINES 
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First Regular Session 
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s. No. 
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Introduced by Senator S. R. OsmeAa 111 
AN ACT 
INSTITUTIONALIZING THE OPEN LEARNING AND DISTANCE EDUCATION 
SYSTEM IN THE PHILIPPINES, APPROPRIATING FUNDS THEREFOR AND FOR 
OTHER PURPOSES 
Be if enacted by the Senate and the House of Representatives of the Republic of the 
Philippines in Congress assembled: 
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Section I, 
Short Title. - This Act shall be known as the "Open and 
Distance Learning System of Education Act." 
Sec. 2. Declaration of Policy, - It is hereby declared a policy of the 
State to expand and further democratized educational opportunities for our 
people in a more effective and economical manner through utilization of 
innovative educational technologies. In view thereof, the State recognizes the 
open and distance learning system as a necessary mode to achieve equitable 
access to quality tertiary education even as it guarantees the academic freedom 
of higher education institutions. 
Sec. 3. Definition of Terms. - For the purposes of this Act the following 
terms shall mean: 
a) Open Learning System - an institutionalized system of delivery of 
educational services that allows for wider access to education 
opportunities by overcoming barriers resulting from geographical 
isolation, and personal or work commitments. 
b) Distance Education - a method of learning and teaching employing 
print, radio, television, computer-based communications, satellite 
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broadcasting, teleconferencing or other educational technologies, that 
allows students to study on their own without having to regularly 
attend classes in conventional classrooms. 
Sec. 4. Institutionalization of the Open and Distance Learning 
System. -The open and distance learning system, hereinafter referred to as the 
System 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 with existing open and distance learning programs, and to 
other institutions that shall later be authorized as qualified implementors of the 
System. 
Sec. 6. Role of the Commission on Higher Education. - The 
Commission on Higher Education, hereinafter referred to as the CHED, shall 
plan, set standards, coordinate, monitor and authorize the effective 
implementation of open learning and distance education in the country in 
accordance with the provisions of this Act., It shall: 
a) Formulate, promulgate and implement the necessary rules and 
regulations to maintain the same quality of education and uniform 
standards of performance for both distance and residential students of 
participating higher education institutions; 
b) Monitor, evaluate and effect the continuation or closure of programs in 
accordance with the provisions of the implementing rules and 
regulations; 
c) Review and approve proposals from educational institutions for new 
open learning and distance education programs; and 
d) Recommend to the Department of Budget and Management 
supplemental budget for open learning and distance education 
programs of participating higher education institutions; 
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Sec. 7. Criteria for Commission on Higher Education’s Approval of 
New Open and Distance €ducation Programs. - Higher education institutions 
applying for CHED’s approval to establish open and distance learning programs 
shall be evaluated based on the following criteria, among others, to be defined 
by the CHED: 
a) Qualified faculty with experience andlor training in open and distance 
education; 
b) Relevant curricular programs; 
c) Appropriate instructional materials; 
d) Appropriate student support services and delivery systems; 
e) Linkages with other appropriate institutions as resource centers; and 
9 Recognized research program on open and distance learning. 
Sec. 8. Role of the University of the Philippines Open University. - 
The University of the Philippines Open University, hereinafter referred to as 
UPOU, shall be designated as the national open university. It shall set up the 
model programs, undertake relevant research and development projects, assist 
other interested higher education institutions in developing open learning and 
distance education programs, and provide technical assistance to the CHED in 
open learning and distance education matters. 
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9. 
Role 
of 
Government 
Broadcast 
Stations 
and 
Telecommunications Network. - Government broadcast stations and 
telecommunications networks shall provide the necessary assistance and 
cooperation in support of the System. 
Sec. I O .  Tax Incentives. - Private entities, such as broadcast stations, 
telecommunications networks and others, which shall provide appropriate 
materials, time and services to the System shall be given corresponding tax 
credits equivalent of the commercial value of their respective contribution to the 
System in accordance with rules and regulations to be promulgated by W E D  in 
consultation with the Department of Finance. 
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Sec. 11. Appropriations. - For the initial implementation of this Act, the 
amount of Fifty Million Pesos (P50,000,000.00) from the President’s 
organization fund shall be divided equally between the CHED and UPOU. 
Thereafter, the amount necessary for the continuous implementation of this 
program by the CHED and UPOU shall be included in the General 
Appropriations Act. 
Sec. 12. Separability Clause. - If any provision of this Act is declared 
unconstitutional, the same shall not affect the validity and effectivity of the other 
provisions hereof. 
Sec. 13. Repeding Clause. - All laws, decrees, executive orders, 
presidential proclamations, rules and regulations or parts thereof contrary to or 
inconsistent with the provisions of this Act are hereby repealed or modified 
according ly . 
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Sec. 14. Effecfivify Clause. - This Act shall take effect after fifteen (15) 
days after its complete publication in the Official Gazette or in at least two (2) 
national newspapers of general circulation. 
Approved 
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