Wwe
Snes?
Republic af the Philippines

House of Representatives
Batasan Wills, Queson City

Eighteenth Congress
First Regular Session
5591

HOUSE BILL NO.

Introduced by Representative Florencio Gabriel “Bem” G. Noel

EXPLANATORY NOTE
Article XIV, Section lof the 1987 Philippine Constitution states:

“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.”

Education is the most precious inheritance most Filipino parents can pass on to
their children, with the hope that this can help improve their quality of life. With this
in mind, Filipino parents sacrifice so much to provide their children quality education.

In 2013, a freshman student who allegedly took her own life two (2) days after
she was forced to put her studies on hold because she could not pay her tuition. The
said student was forced to file a leave of absence for the second semester, despite her
and her parents’ appeal to extend the payment period for her tuition loan."

The proposed bill seeks to prohibit private and public higher education
institutions (HIES) and technical-vocational schools from enforcing the “No Permit,
No Exam” policy which essentially denies students the right to take examinations
unless tuition fee payments are updated. This is the right time to strengthen the
foundation of this nation. We need to build and nurture a sense of social commitment,
nationalism and love for country

In view of the foregoing, passage of this bill is earnestly sought

FLORENCIO GABRIEL “BEM” G. NOEL.

An Waray Party-list Representative

" hutps://new info inquirer.nev/374303/cash-strapped-coeds-suicide-stirs-up


Republic of the Philippines
House of Representatives
Batasan Wills, Queson City

Eighteenth Congress
First Regular Session

9
HOUSE BILL NO B51

Introduced by Representative Florencio Gabriel “Bem” G. Noel

AN ACT
PENALIZING THE IMPOSITION OF A "NO PERMIT, NO EXAM" POLICY OR
ANY SUCH POLICY THAT PROHIBITS STUDENTS OF POST-SECONDARY
AND HIGHER EDUCATION FROM TAKING THEIR MIDTERM OR FINAL
EXAMINATION OR OTHER SIMILAR ASSESSMENTS DUE TO UNPAID
I TUITION AND OTHER SCHOOL FEES

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

Section 1. Short Title. - This Act shall be known as the "Anti-No Permit, No Exam
Act of 2019”.

Sec. 2. Declaration of Policy. - It shall be the policy of the State to protect and
promote the right of all the citizens to quality education at all levels. The State shall
take appropriate steps to make such education accessible to all. Thus, it is hereby
declared unlawful for any educational institution, whether public or private to
disallow any student from taking any examination due to non-payment of tuition and
other school fees.
See. 3. Coverage. - This Act shall cover the following educational institutions:

a) Private elementary schools;

b) Private secondary schools;

c) Public and private post-secondary technical -vocational institutes; and

d) Public and private Higher Education institutions (HEIs), including local
colleges.


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

Sec. 5. Obligation of Students. - The students and/or their parents, unless waived by
the school 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 school fees are fully liquidated

Sec. 6. Right 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 or a student with delinquent account
until the unpaid tuition and other school fees plus interest charges are fully
paid;

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 technical-vocational education, as the case may be, until the
previous delinquencies are fully paid;

c) To refuse issuance of school clearance to students with financial obligations
to the school until all previous delinquencies are fully paid

Sec. 7. No Permit, No Exam Policy. - Schools shall be prohibited from adopting a "No
Permit, No Exam Policy", which limits the right to every student to take examinations
notwithstanding the existence of unpaid financial obligations to the school. Provided,
that the parents or legal guardian of the student provide a promissory note, addressed
to the school, indicating the amount and the date of payment. The school shall reserve
the right to pursue the recovery of the unpaid tuition fees through proper court action
where civil rights and liabilities may be judicially established and collected. This shall
not prohibit the student, parents, or legal guardians to seek informal means of
resolving tuition fee disputes or enter into an agreement with the school before
proceeding to court.

See. 8. Prohibited Acts. - The following acts shall be prohibited
a) Disallowing students with due and unpaid tuition and other school fees
from taking examinations or providing a different schedule of exam from the

rest of the student body; and

b) Requiring the students to secure a special permit to take the examinations
from the school authorities prior to the administration of examinations.


See. 9. Penalties. - Any educational institution official or employee, including deans,
coordinators, advisers, professors, instructors, principals, teachers 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 Fifty Thousand
Pesos (PhPS0,000.00) but not more than One Hundred Thousand Pesos (Php
100,000.00).

Sec. 10. Implementing Guidelines. - The Department of Education (DepEd),
Technical Education and Skills Development Authority (TESDA) and Commission
‘on Higher Education (CHED) shall issue the rules and regulations necessary to
implement the provisions of this Act within sixty (60) days from the date of its
approval.

Sec. 11. Separability Clause. - If any provision or part of this Act is held invalid or
unconstitutional, the other sections or provisions hereof shall not be affected thereby
and shall remain in force and effect.

Sec. 12. Repealing Clause. - All laws, presidential decrees, executive orders,
proclamations, issuances, administrative order, rules and regulations contrary to or
inconsistent with any provision of this Act are hereby amended, repealed or modified
accordingly

Sec. 13. Effectivity Clause. - This Act shall take effect fifteen (15) days after its
publication in any two (2) newspapers of general circulation.

Approved,