4s BRESE

Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

SIXTEENTH CONGRESS
First Regular Session

House bn. No. 350

Introduced by Reps. NERI J. COLMENARES, CARLOS ISAGANI T. ZARATE,
LUZVIMINDA C. ILAGAN, EMMI A. DE JESUS, ANTONIO L. TINIO,
FERNANDO HICAP and TERRY RIDON

AN ACT
PROTECTING THE RIGHT OF STUDENTS OF COURSES REQUIRING
PROFESSIONAL LICENSING EXAMINATIONS TO ENROLL IN REVIEW
CENTERS OF THEIR CHOICE AND PROVIDING PENALTIES FOR
VIOLATIONS THEREOF

EXPLANATORY NOTE

‘The controversial nursing board exam of 2006 brought to the fore not only the problem of
cheating conducted by some nursing review centers but other inregularities as well.

‘Among these are the exorbitant fees collected by nursing schools for the inclusion of board
exam review sessions in their curriculum. In many cases, these fees are collected as a
requirement for graduation. A common practice in courses requiting professional licensing
examinations is for students to be forced to pay for review sessions in a particular review
center of the school's choice. These review sessions are often counted as required subjects,
with corresponding units that have to be eared.

While it is imperative to ensure that students pass their board exams, an exclusive partnership
between a nursing school and a review center is unnecessary and often results in a collusion to
charge higher, unjustifiable fees from students and their parents. This is especially true in a
situation where students are not given the chance to choose review centers that are more
accessible and affordable to them. In the first place, review courses are supposed to be
optional and do not form part of the curriculum.

This bill aims precisely to protect the rights of students to choose their own review centers.
‘Any school which compels its students to take board review classes or study in a particular
review center will be penalized and their permit to operate revoked. Also, the withholding of
any essential scholastic document by the school to pressure the students into enrolling in a
particular review center will be deemed unlawful.

‘The previous Congress approved this measure on third reading and thus immediate approval of
this bill is eamestly sought in the 16" Congress.


Approved,

Rep. CARLOS oc T{ZARATE Rep. FERNANDO HICAI
Bayan Muna Party-list Anakpawis Partylist
Rep. LUZVIMINDA C. ILAGAN (ee =< Bef
Gabriela Women’s Party ACT Teachers Party-list

Moved

Rep. EMMI A. DE J¥SUS
Gabriela Women's Party

ep.
Kabataan Pay


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

SIXTEENTH CONGRESS
First Regular Session

HOUSE BILLNo. __ 350

Introduced by Reps. NERI J. COLMENARES, CARLOS ISAGANI T. ZARATE,
LUZVIMINDA C. ILAGAN, EMMI A. DE JESUS, ANTONIO L. TINIO,
FERNANDO HICAP and TERRY RIDON

AN ACT
PROTECTING THE RIGHT OF STUDENTS OF COURSES REQUIRING
PROFESSIONAL LICENSING EXAMINATIONS TO ENROLL IN REVIEW
CENTERS OF THEIR CHOICE AND PROVIDING PENALTIES FOR
VIOLATIONS THEREOF

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

SECTION 1. Declaration of Policies. It is the declared policy of the State to promote and
protect the right to education as enshrined in the Philippine Constitution. While the State
recognizes the complimentary roles of public and private institutions in the enhancement and
strengthening of the educational system, it is also the responsibility of the state to ensure the
protection of students against possible abuses by Higher Educational Institutions (HEIs) in the
interest of profit.

SECTION 2. Coverage. This Act shall cover all public and private HEls, including local
colleges and universities, offering courses that require professional licensute examinations,

SECTION 3. Unlawful acts. In recognition of the student’s freedom to choose his/her
review center, the following acts by HEIs shall be considered unlawful:

1. Compelling students enrolled in courses requiring professional examinations to take
review classes in a review center of the HET’s choice;

2. Making such review classes as prerequisites for graduation or completion of the course;
and

3. Withholding the transcript of scholastic records, diploma, certification ot any essential
document of the student to be used in support of the application for the professional
licensure examinations so as to compel the students to attend a review center of the
HEPs choice.


SECTION 4. Penalties. Any HEI official or employee found guilty of violating any of the
unlawful acts enumerated in Section 3 of this Act shall suffer the penalty of prision corredtional ot
imprisonment from six (6) months and one (1) day to six (6) years.

In addition, the Commission on Higher Education (CHED) may impose disciplinary sanctions
against a HEI official or employee violating this Act pursuant to Section 13 of Republic Act
No. 7722, otherwise known as the Higher Education Modemization Act of 1994.

SECTION 5. Implementing Rules and Regulations. The CHED shall be tasked to
issue the implementing rules and regulations of this Act within thirty (30) days after this law
takes effect.

SECTION 6. Separability Clause. Should any provision herein be declared unconstitutional,
the same shall not affect the validity of the other provisions of this Act.

SECTION 7. Repealing Clause. All laws, rules and regulations inconsistent with the
provisions of this Act are hereby amended, modified or repealed accordingly.

Section 8. Effectivity Clause. This act shall take effect fifteen (15) days after its publication in
the Official Gazette or in two (2) newspapers of general circulation in the Philippines.

Approved,