THIRTEENTH CONGRESS OF THE 
REPUBLIC OF THE PHILIPPINES 
Second Regular Session 
., SENATE 
S. No.- 
INTRODUCED BY HON. MANNY VILLAR 
EXPLANATORY NOTE 
Section 13, Article II of the 1987 Constitution provides that “The State 
recognizes the vital role of the youth in nation-building and shall promote and 
protect their physical, moral, spiritual, intellectual and social well-being. It shall 
inculcate in the youth patriotism, nationalism and encourage their involvement in 
public and civic affairs.” 
Consistent with the desired objectives of this constitutional provision, this 
Magna Carta for Students is being proposed as a means of recognizing and 
protecting the rights and welfare of the Philippine Studentry. 
The proposed Magna Carta for Students sets forth in unequivocal terms, 
the rights and responsibilities of student youth from the secondary level to the 
post-secondary and tertiary levels of education, including vocational and 
technical education, and complements other pro-youth laws that have been 
previously enacted like R.A. No. 7160 otherwise known as the ”Local 
Government Code” (which provides for youth decision-making in the 
Sangguniang Kabataan and for their ex-officio memberships in all local 
government Sanggunians); R.A. 6644 (which lowered the age requirement for 
local 
elective 
officials); 
R.A. 7079 for the Campus Journalism Act); and R.A. 8044 (which created the 
National Youth Commission). 
The enactment of the proposed measure will have far reaching 
significance considering that the future leaders of this nation will definitely come 
frony9he ranks of the dynamic, progressive and nationalistic Ffipino students. 
MA”Y 
“IL?= 


THIRTEENTH CONGRESS OF THE 
REPUBLIC OF THE PHILIPPINES 
Second Regular Session 
SENATE 
S. No. 
2367 
INTRODUCED BY HON. MANNY VILLAR 
AN ACT 
PROVIDING FOR A MAGNA CARTA FOR STUDENTS 
Be it enacted by the Senate and the House of Representatives of the 
Philippines in Congress assembled: 
Students". 
SECTION 1. Title. - 
This Act shall be known as the "Magna Carta for 
CHAPTER 1 
GENERAL PRINCIPLES 
SECTION 2. Declaration of Policy and Guiding Principles. - 
It is hereby 
declared to be the policy of the State to promote and protect the rights of 
students to enable them to participate actively and effectively in the democratic 
processes of effecting progress and developmental changes in society. 
The following shall be the basic guiding principles: 
a) The educational system being the principal institutional mechanism for 
imparting knowledge and developing talents and skills shall be given priority 
attention and support by the government; 
b) Education is a right and not a mere privilege. It is therefore the responsibility of 
the State to provide quality education for all Filipinos accessible at all levels; 
c) Student organizations shall promote intellectual development and dynamism 
among students and enhance democratic processes. Memberships and active 
participation in student organizations, alliances and federations which promote 
and protect students' rights and welfare andlor contribute to national 
development shall be guaranteed by the State and school authorities; 
d) Student organizations shall not be subject to rules and regulations that unduly 
hamper their activities and are prejudicial to their objectives and interests. In the 
same manner, school authorities shall promote avenues and means whereby 
students can express their stand and position on certain policies passed by the 
school; 
e) Student councils/governments being the most representative of the studentry 
and the highest expression of the formulation of student power on campus shall 


have the right to participate in the formulation of school policies affecting 
students: 
f) Student publications shall serve as the principal mediurn for free expression, 
dissemination of information and interaction among the different sectors of the 
academic community; 
g) The promotion and protection of students' democratic rights shall make them a 
potent and cogent force in the country's nationalist social transformation. 
SECTION. 3. Definition of Terms. -A used in this Act, the following terms 
shall mean: 
a) Student. - any person enrolled in and regularly attending school in the 
secondary, post secondary, graduate and post graduate levels including 
vocational and technical education. 
b) School - any private, public or government-run and funded academic 
educational institution offering any or all courses in the above-mentioned levels. 
c) School Campus the totality of all contiguous or proximate buildings, grounds 
and other facilities designated by the school as areas or facilities for the use of its 
students. 
d) Governing Board - the highest policy making body of the school such as: 
Board of Directors, Trustees and Regents. 
e) Student CouncillGovernment - the body representing the whole student 
population in one school or school campus whose officers are annually elected at 
large by the whole student population pursuant to its constitution and by-laws, if 
any. 
t) Council of Leaders - 
the body composed of the heads of various student 
organizations 
chaired 
by 
the 
PresidenUChairman 
of 
the 
Student 
CouncillGovernment. 
g) Student Organizations - an association or group of students bound by 
common ideals, principles, visions and interests and working towards achieving 
and realizing their goals and aspirations. 
h) Student Publications - publications managed and published by students 
which are autonomous and independent from other sectors of the school. 
i) Tuition Fee - 
the fee representing direct costs of instruction, training and other 
academically-related activities, and the use of school facilities. The term "other 
school fees" refers to fees which cover other necessary costs directly supportive 
of instruction, including but not limited to medical and dental, athletic, library, 
laboratory, and Citizens Army Training (CAT) or Citizens Military Training (CMT) 
fees. 
CHAPTER 2 
RIGHT TO ADMISSION AND QUALITY EDUCATION 
SECTION. 4. Admission Subject to No Other Restraint - 


Subject to fair, reasonable and equitable admission requirements, no 
student shall be denied admission on account of his or her physical handicap, 
socio-economic status, political or religious beliefs or membership in student 
organizations nor shall pregnant student and reformed drug users be 
discriminated against. 
Failure of or refusal by a student to sign waiver documents prepared by 
the school administration shall not constitute a ground for his non-admission. 
A student shall have the right to freely choose his field of study subject to 
existing curricula and to continue his course up to graduation except in cases of 
academic deficiency or violation of disciplinary regulations which do not infringe 
upon the exercise of student rights. 
SEC. 5. Right to Competent Instruction and Relevant Quality Educafion.- 
Every student shall have the right to competent instruction and quality education 
relevant to hidher personal and cultural development and that of the nation. 
There shall be at least one student representative in the body or 
committee which screens incoming faculty members. He/she or they shall be 
regularly elected and endorsed by the Student Council to the school official 
authorized to appoint members of the screening body or committees. 
Students shall have the right to make a written evaluation of the 
performance of their teachers at the middle and toward the end of the school 
trimesterlsemester. 
SECTION. 6. Right to Adequate Welfare Setvices and Academic 
Facilities. - It shall be the responsibility of the school administration to provide 
students with adequate welfare services and academic facilities. 
School authorities shall provide free annual physical check-up to students. 
It shall be the responsibility of the school authorities to provide students with 
adequate laboratory, library, research, recreation and physical education 
facilities. 
It shall be the responsibility of the school administration to promptly notify 
students concerned of letters and other communications it receives in behalf of 
the students. 
CHAPTER 3 
RIGHT TO ORGANIZE 
SECTION. 7. Right to. Organize Among Themselves. - Unity and 
collective effort being fundamental to the realization of common goals and the 
promotion and protection of common interests, the State hereby recognize the 
right of the students to organize among themselves. 
The right of students to form, assist or join any campus organization, 
association, alliance or federation for their physical, intellectual, moral, cultural, 
civic, spiritual and political interests shall not be abridged, Pursuant thereto, the 
practice of making students sign waiver documents which state that they are not 
members of and will not join as specified organization before being allowed to 
enroll is hereby prohibited. 


SECTION. 8. Student CounciVGovernment - 
The State shall ensure the 
democratic and autonomous existence of a Student Council/Government for 
each school campus which shall be given recommendation by the schools, 
colleges and universities concerned. It shall have its own set of officers chosen 
from among the students during the annual elections. Every Student 
Council/Government shall have the right to determine its policies and programs 
on student activities subject to its duly ratified Charter or Constitution. 
SECTION. 9. Student Council CharterConsfitution. - 
The provisions of 
the Student Government Charter or Constitution shall be determined by the 
members, of the Student CouncillGovernment to be ratified by the majority of the 
entire student population of the concerned school. 
SECTION. I O .  Accreditation and Granting of Privileges to Student 
Organizations. - No unreasonable requirement shall be imposed on student 
organizations seeking recognition. 
There shall be an Accreditation Board on Campus Organizations that shall 
take charge of the accreditation of all the student organizations in the school 
campus. It shall be composed of a representative from a student organization 
duly elected by the heads of all accredited student organizations in the school, 
and one representative each from the Student Council/Government, school 
administration and faculty association. The Board shall form part of the Student 
Affairs Department of the school. 
There shall be no discrimination in the assignment of school facilities and 
the granting of other privileges to student organizations. The school 
administration shall provide, free of charge, a space, hail or building to house the 
offices of the different student organizations within the school campus. 
Excessive charges for the use of school facilities shall be prohibited. 
Whenever possible, the school administration shall allow organizations to use 
school facilities free of charge. 
SECTION. 11. Formation of the Commission on Elections (COMELEC). - 
There is hereby created a Commission on Elections which shall conduct and 
oversee the election of officers of the Student CouncillGovernment. The Student 
Affairs Office shall choose the members of the COMELEC from among the list of 
nominees recommended by the Student CouncillGovernment. 
Once constituted, the COMELEC shall be independent and autonomous 
from any sector of the school and shall ensure the conduct of clean, honest and 
peaceful elections. The school must provide the COMELEC sufficient funds to 
ensure the success of its goals and objectives. 
SECTION. 12. Prohibition Against the Use" of Force, Violence or 
Intimidation on Members and Exaction of Excessive Fees by Student 
Organizations. - 
All campus organizations are hereby prohibited from using any 
form of physical or mental force, violence, threat or intimidation in the 
recruitment, initiation, or retention and in the conduct of activities of members. All 
campus organizations are hereby prohibited from exacting excessive fees from 
its members. 


CHAPTER 4 
RIGHT TO PARTICIPATE IN POLICY MAKING 
SECTION. 13. Participation in Policy-Making Process. - As far as 
practicable and consistent with the school’s incorporation articles, there shall be 
a student representative in the governing board and other policy-formulating 
bodies of the school which affect the students welfare. 
The Chairman of the Student CouncillGovernment or any designated 
representative chosen by the said body shall have the same rights as those of a 
regular member. Provided, that hislher privileges shall be limited to 
reimbursements for actual expenses incurred in attending meetings. 
Representatives of national student organizations shall actively participate 
in the formulation of national policies affecting students’ rights and welfare. 
SECTION. 14. Students’ lnifiafive and Referendum. - The Student 
CouncillGovernment through a majority vote of its members shall have the right 
to initiate the formulation, modification or rejection of a school policy affecting the 
students. The proposition for the formulation, modification or rejection of a school 
policy affecting the studentry shall be submitted to and approved by a majority of 
the votes cast by all the bonafide students of the school in referendum called for 
the purpose. Provided, however, that the following areas shall be excluded from 
the power of students on initiative and referendum: (a) curriculum, (b) faculty 
recruitment and tenure and (c) tuition and fees. 
SECTION. 
15. 
Right 
to 
File 
an 
AppeaL - The 
Student 
CounciMGovernment through a majority of vote of all its members may file a 
motion for reconsideration on any decision of any policy-making body 
subordinate to the governing board. The Student CouncillGovernment through a 
majority of vote of all its members may file an appeal on a decision of any policy 
making body subordinate to the governing board. Such appeal shall be filed with 
the governing board. 
In cases, where decisions are rendered unfavorably against the students, 
the 
Student 
CouncillGovernment may file an appeal with the Department of Education, 
(DECS), the Technical Education and Skills Development Authority (TESDA), 
andlor 
the 
Commission on Higher Education (CHED), in so far as the secondary, post- 
secondary 
technical- 
vocation and tertiary students, respectively, are concerned. 
All motions for reconsideration and appeals referred to in the previous 
paragraph must be filed within thirty (30) calendar days from the date of notice of 
decision. 
Culture 
and 
sports 
SECTION. 16. On the Mafter of School Fees. - 
Within thirty (30) days 
from the start of the school year, the governing board of every school shall create 
a body to be known as the School Fee Board which shall study, conduct 
consultations and thereafter, recommend tuition and other school fee increases. 
The body shall be composed of an equal number of representatives from the 
administration faculty, non-teaching staff, parents and students. These 
representatives shall choose a chairman from among themselves and each 
sector shall possess a voting right. 


The School Fee Board shall be independent of and supreme dyer the 
governing board in deliberating and making decisions on tuition and fees. 
In justifying any tuition and/or other school fee increases before the 
School Fee Board, the school concerned shall be required to present the 
school’s financial Statement for the past school year immediately preceding the 
proposal for such increase. Refusal of the school administration to show its 
books and records for inspection by the School Fee Board shall mean an 
automatic denial of its proposal for increase. 
In the event the decision of the School Fee Board is not favorably acted 
upon by the school governing board, the latter’s decision may be appealed to the 
appropriate education agencies within thirty (30) days from the date of decision 
by any affected member of the school community. 
For the purpose of this section, “CONSULTATION” shall mean that there 
is a consensus reached by the members of the School Fee Board in regard to 
the proposed tuition and/or school fee increase. In case of failure of members of 
the School Fee Board to arrive at an agreement, the alumni association of the 
school or any impartial body shall act as an arbiter. No tuition andlor school fee 
increase shall take effect without any consensus. “Consultation” shall also 
include the dissemination of adequate information relative to tuition and other 
school fees. The holdings of meetings and hearings as may be necessary to 
ventilate the tuition and other fee issues. 
No tuition and/or other school increase shall take effect unless the 
students and parents have been of the said increase one hundred twenty (120) 
days before the school year seminar or term in which the increase is to be 
effected. 
CHAPTER 5 
RIGHT TO FREE EXPRESSION AND INFORMATION 
AND RIGHT TO ACADEMIC FREEDOM 
SEC. 17. Right to be informed. - 
The right of the students to information 
on matters affecting their welfare shall be recognized. Access to official records 
and other pertinent documents pertaining to official acts, transactions or 
decisions shall be afforded the students subject only to reasonable regulations 
that may be imposed such as time for examining the documents and other 
papers to prevent loss or damage of the same. 
SEC. 18. Freedom of Expression. - Subject to existing laws, students 
shall have the right to freely express their views and opinion. They shall have the 
right to peaceably assemble and petition the government and school authorities 
for the redress of their grievances. 
Students shall have the right to print, circulate and/or mount leaflets, 
newsletters, posters, wall news, petitions and such other materials. Pursuant 
thereto, the school authorities shall ensure the provision of facilities such as 
bulletin boards for the mounting of the aforementioned materials. 
freedom park where students can freely discuss issues affecting them. 
School authorities may designate a certain area on every campus as a 
SECTION. 19. Student Publications. - Students shall have the right to 
publish student newspapers and other similar publications, print in their pages 
materials which they deem in pursuance of their academic freedom of expression 


in accordance with Republic Act No. 7079, otherwise known s the “Campus 
Journalism Act of 199’1.” Pursuant thereto, no individual who is not a staff 
member of the student publication shall determine its content. 
The role of a faculty adviser in student newspaper shall be limited to 
technical guidance. 
The Selection of the student editor-in-chief and hislher staff shall be made 
by annual competitive examinations to be administered by an impartial Board of 
Judges. The Board of Judges, which shall include at least one staff member, 
shall be appointed by the head of the guidance counseling office or the student 
affairs office from a list of nominees submitted by the existing editorial staff. 
The editorial staff shall observe the ethics of professional journalism. It 
SECTION. 20. Academic Freedom. - 
Students’ academic freedom shall 
shall be assured of security of tenure n the course of its prescribed term. 
consist of, but not limited to, the following rights: 
a) To conduct researches in connection with academic work, and to freely 
discuss and publish their findings and recommendations; 
b) To conduct inquiry within the campus in curricular and extracurricular 
activities; 
c) To choose a field of study and to pursue the quest for truth; to express their 
opinion on any subject of public or general concern which affects the students or 
the educational system; 
d) To invite off-campus speakers or resource persons to student-sponsored 
assemblies, fora, symposia, and other activities of similar nature; 
e) To express contrary interpretations or dissenting opinions inside and outside 
the classroom; 
t) To participate in the drafting of a new curriculum and in the review or revision 
of the old curriculum; 
g) To participate in the drafting andlor revision of the student handbook which 
shall include the school rules and regulations, a copy of which shall be furnished 
to the students upon admission to the school; and 
h) To be free from any form of indoctrination leading to imposed ideological 
homogeneity. 
CHAPTER 6 
RIGHT TO DUE PROCESS IN DISCIPLINARY PROCEEDINGS 
SECTION. 21. Right to Due Process. - 
a) A student subject to disciplinary proceedings shall have the right to defend 
himself, to be heard and to present evidence on his behalf before an impartial 
body. There shall be a Student Disciplinary Board to be Composed of one (I) 
representative from the school administration, two faculty members and two (2) 


students to conduc:t investigations into and decide on cases of student violations 
of disciplinary standards. 
b) The blacklisting, expulsion, suspension and other disciplinary sanction that 
may be taken against a student shall not be valid unless the following rights have 
been observed and accorded the student: 
1) The right to be informed in writing of the nature and cause of the 
accusation against him; 
2) The right to confront witnesses against him and to full access to the 
evidence in the case; 
3) The right to defend himself and to be defended by a representative or 
counsel of his choice, adequate time being given him for the preparation 
of his defense; 
4) The right to a hearing before the Student Disciplinary Board; 
5) The right against self incrimination; and 
6) The right to appeal adverse decisions of the Disciplinary Board to the 
governing board and ultimately to the appropriate agencies of the 
Government. 
c) The decision in any disciplinary proceeding must be rendered on the basis of 
relevant and substantial evidence presented at the hearing, or at least contained 
in the record and disclosed to the student affected. 
The deciding body must act on its own independent consideration of the 
facts of the case, The body shall, in all controversial questions, render its 
decision in such a manner that the issues involved and the reasons for any 
decision are made clear to the student. 
d) Disciplinary sanctions shall be corrective rather than punitive or penal in 
nature. The gravity of disciplinary sanctions must be proportionate to the 
seriousness of the violation committed. 
The Office of the Guidance Counselor or any office dealing with student 
discipline of the respective schools shall publish on a periodic basis acts which 
are deemed violative of school rules and regulations and the corresponding 
disciplinary sanctions: Provided, That such rules and regulations do not violate 
the rights guaranteed here and under the Constitution. 
CHAPTER 7 
OTHER RIGHTS 
SECTION. 22. Right Against Unreasonable Searches and Seizures. - 
Every student shall be free from any form of unreasonable search and seizure. 
Except for the following instances no search or seizure of a student shall be 
deemed valid: 


a) Searches made at the point of ingress and egress by authorized 
personnel of the school; 
b) Searches and seizure of illegal article or articles falling in the plain view 
of duly authorized personnel; 
c) Searches and seizure of articles that are illegal, discovered 
inadvertently by duly authorized personnel; 
d) Searches made when the student is about to commit, is committing or 
has just committed a crime or a serious infraction of the school’s rules and 
regulations; 
e) 
Searches 
made 
with 
a 
valid 
search 
warrant. 
Articles seized in violation of the hereinabove provided rights shall not be used 
as evidence against the student in any disciplinary action that maybe brought 
against himlher. 
SECTION. 23. Access to School Records and Issuance of Official 
certificate. - 
Subject to the provision of the following section, every student shall 
have access to his own school records, the confidentiality of which the school 
shall maintain. He shall have the right to be issued official certificates, diplomas, 
transcript of records, grades, transfer credentials and other similar documents 
within! thirty (30) days from the filing of request and accomplishment of all 
pertinent requirements. 
SECTION. 24. Unpaid Tuition Fees and Examinations. - 
No student shall 
be prohibited from taking a periodic or final examination because of unpaid tuition 
and other school fees not exceeding two (2) installments under the established 
terms of payment prescribed by the school concerned and approved by the 
appropriate government agency. 
The students with delinquent fees permitted to take an examination shall 
nevertheless be subject to the right of the school concerned to withhold the 
release or issuance to these students their school records or of the documents 
mentioned in the preceding section or to deny these students admission at the 
succeeding semester, term, or year until the prior delinquencies are fully paid. 
SECTION. 25. Security of Tenure. - It shall be the right of students to 
finish their entire courses of study in a given school, except in cases of academic 
deficiency or violation of disciplinary regulations. 
In cases wherein the school authorities refuse to allow a student to enroll 
for the subsequent semesterlterm or year due to the causes hereinabove stated, 
the student may appeal such ruling to the appropriate education agency. 
SEC. 26. Collection of Student Paper and Student Council Fees. - 
The 
school administration, shall assist the Student Publications and Student 
CouncillGovernment by facilitating the collection of the Student Publications and 
Student CouncillGovernment fees from the students. The student paper fees 
shall be held in trust for their unhampered use in the publication of the student 
paper. The full amount of Student CouncillGovernment fees shall be turned over 
to the Student council after thirty (30) days, from the last day of registration at the 
start of every school year. Thereupon, the Student CouncillGovernment shall be 
accountable 
to the 
student 
body for 
such 
hinds 
and subject 
to 
semestral/trimestral audit by the Student Affairs of the school. 


SECTION. 27. 
Privacy of Communication. - The privacy of 
SECTION. 28. Scholarship Grants and Privileges. - 
Opposition to school 
policies inimical to students’ interests shall not be a ground for denying or 
withdrawing scholarship grants and privileges to deserving students. 
SECTION. 29. Right to Adequate and Safe Housing/Dormitomy Facilities. 
- 
The State and the respective school authorities shall endeavor to provide the 
students adequate, safe and clean housing facilities. 
communication and correspondence among students shall remain inviolable. 
SECTION. 30. Guarantee of Demilitarized School Campuses. - 
Except in 
cases of national or local emergencies, such as war, natural calamities or if the 
prevailing situation so requires, military detachments may not be installed or 
maintained in a campus. Military elements and/or policemen in uniform or in plain 
clothes and school security forces shall not interfere with student activities, 
particularly peaceflil mass action, inside the school campus. 
SECTION. 31. Firearms Ban. - 
Students shall not be allowed to carry 
They shall be required to deposit such firearms with the school security 
firearms inside the school campus. 
force prior to their entrance to the premises. 
CHAPTER 8 
RESPONSIBILITIES OF THE STUDENTS 
SECTION. 33. Student Responsibilities. - Students shall have the following 
responsibilities: 
(a) To develop their potentials to the utmost in order that they may be of service 
to their families and society; 
(b) To strive for academic excellence and to abide by their school rules and 
regulations pertaining to their academic responsibilities; 
(c) To exert utmost efforts towards the realization of the harmonious relationship 
with the rest of the academic community; 
(d) To participate actively in school activities including athletics and civic affairs 
for the development of the community and the nation; 
(e) To uphold, preserve and maintain the good name of their alma mater, and 
(9 To exercise the abovementioned rights responsively. 
CHAPTER 9 
FINAL PROVISIONS 
SECTION. 34. Rules and Regulations. -With 
ninety (90) days from the 
approval 
of 
this 
Act, the DECS, and CHED in collaboration with the representatives of national 
student organizations, representatives of school administrations and the National 


Youth 
Commission 
(NYC) shall promulgate the necessary rules and regulations to implement the 
provisions 
of 
this 
Act. 
SECTION. 35. Adminishfive Powers. - 
The Department of Education, 
Culture and Sports (DECS) shall create a multi-sectoral body composed of 
representatives from DECS, the school’s administration and the student body to 
monitor the different school campuses to ensure that the student rights are 
protected. When there is a final finding of the school’s willful and repetitious 
infringement of students right, the body shall recommend to the proper agency of 
the DECS measures appropriate to the situation including, when necessary, the 
suspension or cancellation of its license or permit to operate the school. 
SECTION. 36. Separability Clause. - If any provision of this Act is 
declared invalid, the remainder thereof not affected thereby shall continue to be 
in full force and effect. 
SECTION. 37. Repealing Clause - 
All laws, decrees, order, rules and 
regulations or other issuances or parts thereof inconsistent with the provisions of 
this Act are hereby repealed or modified accordingly. 
SECTION. 38. Effecfivity. -This Act shall take effect upon its approval. 
Approved,