FiGUS. OF R PRESENT ATIVES

i SECCENVED
Republic of the Philippines _ 17 AUG 2016
HOUSE OF REPRESEN rative} ATE:
Quezon City, Metro Manila vie i)

Bike pas _

PEYE"R ATION UNIT

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[BLS .\9 (NOE Y SERVICE

SEVENTEENTH CONGRESS
First Regular Session

3106

House Bill No. ~

Introduced by DIWA Party-list Representative Emmeline Y. Aglipay~ Villar

EXPLANATORY NOTE

Education is invaluable, but running a school requires money. This is not so much a paradox as it
is emphasizing the worth of knowledge, while at the same time acknowledging that the tangible
mechanisms by which knowledge is transferred -- maintenance and construction of facilites,
payment of teachers and other school employees -- requires funding. One need not reject one in
order to affirm the other,

Case in point: while reasonable tuition fees are necessary in order for a school to survive and
deliver quality education to its students, the time to do so is not immediately before exams.
Tests, like it or not, have evolved into a central focus of our school system. For these tests to
have a chance of serving their purpose, how a student performs on these examinations must
come down solely to how rigorously the student studied and prepared, with external factors kept
to a minimum, Preventing students fiom taking the examination at all -- or receiving the permit
that allows them to take the exam -- because of a monetary issue runs counter to the purpose of
educational tests, and can undermine all the hard work of a student, even leading to his or her
expulsion, or wo

This bill, filed as a counterpart of Senate Bill No. 722 with the support of its author, Senator
Cynthia Vitlar, will prohibic this harmful "No Permit, No Exam" policy, white outlining other
methods by which schools can ensure their financial viability in a way that does not have the
potential to sabotage students as they are about to cross the finish line,

font O Ketan
EMMELINE Y. AGLIPAY = VILLAR
Representative, DIWA Party-list

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Republic of the Philippines
HOUSE OF REPRES! rv
Quezon City, Metro Manila

SEVENTEENTH CONGRESS
First Regular Session

8106

House

No.

Introduced by DIWA Party-list Representative Emmeline Y. Aglipay ~ Villar

AN ACT

PENALIZING THE IMPOSITION OF A “NO PERMIT, NOEXAM” POLICY OR ANY
SUCH POLICY THAT PROHIBITSSTUDENTS OF POST-SECONDARY AND
HIGHER EDUCATIONFROM TAKING THEIR MIDTERM OR FINAL
EXAMINATIONS, OR OTHER SIMILAR ASSESSMENTS DUE TO UNPAID TUITION
AND OTHER SCHOOL FEES

Be it enacted by the Senate and House of Representatives of the Republic of the Philippines in
Congress assembled;

SECTION, Short Title,
2016".

This Act shall be known as the “Anti-‘No Permit, No Exam’ Act of

SECTION 2. Declaration of Poliey, ~ is hereby declared unlawful forany technical-vocational
(iech-voc) institute or higher education institution(HEN), whether public or private, to disallow
any student of post-secondary and higher education from taking any midterm or final
examination, or other similar assessments, due to non-payment of tuition and other school fees
under the established terms of payment prescribed by the concerned educational institution and
approved by the Technical Education and Skills Development Authority (TESDA) and the
Commission on Higher Education (CHED), respectively.

SECTION 3. Coverage, - This Act shall cover all public and private post-secondary tech-voc
institutes and HEIs, including local colleges and universities,

SECTION 4, Right of Students.— Students of post-secondary and higher education shall have the
right to take the midterm or final examinations, or other similar assessments, notwithstanding the
existence of unpaid financial obligations to the school

SECTION 5. Obligation of Students. ~The students and/or their parents, unless waived by the
schoo! authorities concerned, shall be obligated to pay an interest for the unpaid tuition and other
school fees, which shall not be more than five percent (5%) per annum, computed from the date
of the examination taken by the students until the date when the overdue and unpaid tuition and
other schoo! fees are fully liquidated.

SECTION 6.Rights of Schools. ~ The school authorities shall have the following rights against
students with financial obligations, which remain due and unsettled to their schools:

(a) To withhold the release of the grades of a student with delinquent account until the
unpaid tuition and other school fees plus interest charges are fully paid

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(b) To deny admission or enrolment of any student having unsettled tuition or other school
fees at the next succeeding semester classes, in the case of higher education, or at the next
succeeding short-term course, in the case of post-secondary tech-voe education, as the case may
be, until the previous delinquencies are fully paid; and

(©) To refuse issuance of schoo! clearance to students with financial obligations to the schoo!
until all previous definguencies are fully paid.

SECTION 7.Untawfid Acts, — In recognition of the students’ right to take their midterm and final
examinations, the following acts by tech-voe institutes and HEIs shall be considered unlawful:

(a) Disallowing students with due and unpaid tuition and other school fees from taking the
midterm or final examination;

(b) Requiring the students to secure a permit to take the midterm or final examination from
the school authorities prior to the administration of midterm periodic or final examination; and

(©) Compelling the students to pay upon enrollment a down payment or first installment
equivalent to more than thirty percent (30%) of the total amount of tuition and other school fees
for the entire semester or duration of the course,

SECTION 8.Penalties, ~ Any HEI or tech-voc institute official or employee, including deans,
coordinators, advisers, professors, instructors and other concerned individuals found guilty of
violating any of the unlawful acts enumerated in Section 7 of this Act shall be punished by a fine
of not less than One hundred thousand pesos (P100,000,00) but not more than Two hundred
thousand pesos(P200,000.00).,

SECTION 9.Jmplementing Guidelines. ~ The TESDA and the CHED shall promulgate the
implementing guidelines necessary to enforce the objectives of this Act.

SECTION 10,Separabitity Clause. ~ [any provi
ions or provisions hereof shall not be affected thereby and shall

n or part of this Act is held invalid or

unconstitutional, the other s
remain in force and effect

SECTION 11 Repeating Clause. — All laws, presidential decrees, executive orders,
proclamations, issuances, administrative orders, rules and regulations contrary to or inconsistent
with any provision of this Act are hereby amended, repealed or modified accarclingly.

SECTION 12.Effectivity Clause. - This Act shall take effect fifteen (15) days alter its publication
in a newspaper of general circulation.

Approved,

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