EIGHTEENTH CONGRESS )
REPUBLIC OF THE PHILIPPINES )
First Regular Session

HOUSE OF REPRESENTATIVES

Introduced by Representative Rufus B. Rodriguez
6368

House Bill No.

EXPLANATORY NOTE

Article |, Section 17 of the 1987 Constitution provides that, “The State shall give priority to
education, science and technology, arts, culture, and sports to foster patriotism and
nationalism, accelerate social progress, and promote total human liberation and
development’,

The 1987 Constitution also provides that “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” and that “Academic freedom shall be enjoyed in all institutions of
higher learning’.

Despite this, it cannot be denied that there are still some educational institutions that have
policies that run counter to the provisions of the 1987 Constitution.

This bill aims to provide a national framework for the students’ rights and welfare in order to
ensure that education is provided to all and that the rights and privileges that students are
entitled to are protected and promoted. And one such right is the right of students to
organize and participate in student organizations, student unions, and student councils and
governments.

In view of the foregoing, immediate approval of this measure is earnestly requested.

RUFUS B. RO! jUEZ


EIGHTEENTH CONGRESS )
REPUBLIC OF THE PHILIPPINES )

First Regular Session )
HOUSE OF REPRESENTATIVES
Introduced by Representative Rufus B. Rodriguez
House Bill No, 6368
AN ACT

PROVIDING FOR A NATIONAL FRAMEWORK FOR STUDENTS’ RIGHTS AND
WELFARE

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 "Students Rights and Welfare
Act”.

SECTION 2, Declaration of Policy. — Pursuant to Article II, Section 17 of the 1987
Philippine Constitution, it is the policy of the State to “give priority to education, science and
technology, arts, culture, and sports to foster patriotism and nationalism, accelerate social
Progress, and promote total human liberation and development’. Further, it is hereby
declared that it is also the policy of the State to protect and promote the welfare of Filipino
students.

SECTION 3. Definition of Terms. — As used in this Act:

a) “Schoo! refers to a private, public or government-run and funded institution for learning in
all levels of education. For purposes of this Act, the term shall include institutions for
vocational and technical education but excludes those institutions for enhanced basic
education. A school is comprised of the student body, administration, faculty, and non-
faculty personnel;

b) "School Campus" refers to areas designated by the school administration for use by
students, which shall include, but are not limited to, facilities, contiguous or proximate
buildings, and the school grounds;

c) “Student” refers to any person enrolled in a particular school, as the latter is defined in
‘sub-paragraph (a) of this Section;

) “Governing Board’ refers to the highest policy-making body at the school such as a Board
of Directors, Regents, or Trustees;

e) “Student Council” or “Student Goverment” is the collective term to refer to the
representatives of students in a school or of students in different independent units of a
school, college, or university. A designated student population annually elects members of
the student council or of the student goverment at large following election rules in the
charter or constitution of the student council or the student government;

f) “Council of leaders” refers to a duly constituted body composed of the heads of all, or
almost all student organizations in a school. The chairperson or the president of the student
council or student government, or any student duly elected by the members of the council of
leaders shall preside over the council of leaders;


Q) “Tuition” refers to amounts paid for the privilege to receive education in a school;

‘h) “Other school fees" refer fees other that tuition. These include library and athletic fees,
laboratory fees, entrance fees, National Service Training Program Fees, student council or
‘student government fees, graduation fees, medical and dental fees, and other similar fees.

SECTION 4. Right against discrimination in educational institutions. — No student shall
be denied admission or dropped from the rolls of an institution, punished with disciplinary
action, given mandatory counseling, or denied welfare services, scholarships, and other
student privileges solely on the basis of physical handicap, socio-economic status, political
and religious beliefs, sexual orientation, gender identity, or expression or membership in
organizations.

SECTION 5. Right to competent instruction and accessible, quality, relevant
education. ~ Students have the right to accessible, competent, holistic, quality, and relevant
education that is essential to personal development and to the development of the nation.
Students shall also take part in teacher performance assessments through written
evaluations at the end of each school term. The conduct of such assessments shall be the
obligation of the school administration

SECTION 6. Right to organize. - The right of students to form, assist, or join
organizations, alliances, or federations shall not be abridged

The student council or the student government and the council of leaders shall formulate
guidelines for the accreditation of student organizations. Such guidelines shall be
implemented by the office of student affairs, in coordination with the student council or
student government, which shall adopt a mechanism to resolve issues that may be raised in
the accreditation process.

The accreditation requirements shall not unduly restrict the right of students to organize and
may include submission of documentary requirements such as, but not limited to, a written
application for accreditation, a copy of the constitution and by-laws of the organization, a
general plan of action or list of activities, list of incumbent officers, and a list of members.

Accredited student organizations shall coordinate with the office of student affairs for on-and
off-campus, activities. The school shall provide, free of charge, a hall or building within the
school campus where a student organization may establish its office or permanent meeting
area

Furthermore, the school administration shall allow student organizations to use school
facilities for their activities tree of charge.

SECTION 7. Right to establish a student council or government. — There shall be a
student council or student government recognized in every school, university or college, as
the case may be.

a) In schools, universities, or colleges where there is no existing student council or student
government, the following procedure shall be followed in establishing the student council or
student government.

A constitution or charter of the student council or student government resulting from a
consultative process involving the council of leaders and representatives of unaffiliated
students shall he adopted. The constitution or charter shall be formally adopted after its
ratification by at least two-thirds (2/3) of the designated student population. It shall contain


provisions on the structure, functions, and responsibilities of the student council or student
government.

Every student council or student goverment shall have the right to determine its policies
and programs on student activities subject to the provisions of its charter or constitution and
in consonant with school rules and regulations: Provided, that the latter does not infringe on
the basic rights and freedoms of students,

The election of the members or officers of the student council or the student government
shall be conducted by an independent commission on elections which shall ensure that such
elections are honest, orderly, and peaceful. The members of the commission of elections
shall be chosen from a list of nominees from members of the council of leaders. The school
concemed shall ensure that the commission on elections has sufficient funds to carry out its
mandate.

b) In schools, universities, or colleges where there are existing student councils or student
governments, student representation shall still be lodged in the duly-elected student councils
or student governments.

The existing procedure for the election of members of student councils or student
governments shall be retained and enforced as long as it conforms to the provisions of this
Act. Otherwise, the existing procedure shall have transitory effects until the designated
student population has adopted a new charter or constitution consistent with the provisions
of this Act. Such adoption shall be among the primary activities of the existing student
council or student government.

A “student council or student government fee” may be collected from students to finance the
operations of the student council or student government, the amount of which shall be
determined by the student council or student government in consultation with the student
body and should be consistent with the student council's or student government's general
plan of action or list of activities for a specific term. The school administration shall facilitate
the collection of the student council or student government fee and shall tum over the
collected amount to the student council or student government within fifteen (15) days after
the start of the semester or school period. The student council or student government shall
release a financial report at the end of its term. To take effect, a proposal to increase the
student council or student govemment fee shall require a vote of simple majority by the
designated student population. No policy restricting the right of student councils or student
governments to join federations or alliances of student councils shall be imposed by the
school administration.

SECTION 8. Right against campus militarization. —- Students have the right to an
academic environment free from fear and surveillance from military and police agents and
instruments.

Prior notification shall be given by a commander of an AFP or PNP unit intending to conduct
any military or police operation in any part of the school campus, to the school president,
dean, or their respective officers in charge in the event of their absence, when the situation
so warrants,

Except in cases of hot pursuit and similar occasions of emergency, or in cases defined in the
next succeeding paragraph, or ordinary transit through a school campus, no member of the
AFP or PNP shall enter the premises of a school. Whenever requested by law enforcers, the
appropriate school officials shall extend the necessary assistance in the enforcement of the
law within school premises.


Whenever the president, dean, or their respective officers-in-charge is of the opinion that the
assistance the AFP or PNP is indispensable to the maintenance of security, peace, and
‘order within campus premises, the said official shall inform in writing the head of the AFP or
PNP unit in the area and the latter shall promptly dispatch such assistance as may be
warranted by the circumstances.

In case the request for assistance is granted, only uniformed members of the AFP or PNP
with proper identification shall be allowed entry into the campus concemed,

Members of the AFP or PNP shall not interfere with peaceful protest actions by students
within school premises. The pertinent school officials shall be deemed responsible for the
behavior of their students, faculty, and employees in such activities

SECTION 9. Right to publish a student newspaper and other similar publications. — In
accordance with Republic Act No. 7079 or the "Campus Journalism Act of 1991, students
shall have the right to publish a student newspaper and other similar publications.

The editorial staff of the student paper shall be comprised of students. The editorial staff
shall have a faculty adviser who has the role of providing technical assistance.

The selection of the student editor-in-chief and the members of the editorial staff shall be
conducted annually through fair and competitive examinations to be administered by an
impartial board of judges which shall be comprised of professional joumalists and
representatives from the faculty and the student body

Ethics in journalism shall be observed by the editorial staff. It shall be the responsibility of the
editorial staff to ensure that the paper is not used for purposes contrary to law.

Unless sooner removed for cause and with due process, the editor-in-chief and editorial staff
shall have security of tenure for the duration of his/her prescribed term.

The student publication shall be financially autonomous from the school administration. A
“student publication fee” shall be collected from the students and shall be held in trust by the
school administration. No policy shall be imposed by the school administration to hamper the
access of the editorial staff to such fund, subject to existing school regulations in the
disbursement of funds. The school administration shall also be prohibited from using such
fund. At the end of each term, the editorial board shall publish a financial statement.

SECTION 10. Right to adequate welfare services and academic facilities. - The school

administration shall endeavor to provide the following services;

a) Health services for students with at least one (3) functioning clinic and a registered nurse
to provide basic care for common ailments;

b) Legal assistance in cases involving the exercise and enjoyment of rights and freedoms
provided in this Act;

c) Counseling;

d) Adequate laboratory, library, research, recreation, and physical education facilities;

e) Effective communications system to ensure that students are promptly notified and
informed;

f) Adequate, safe, and clean board and lodging facilities, such as dormitories, inside the
school campus. In case the school has no in-campus dormitories, the school administration
and the student council or student government shall be required to accredit or recommend
out-of-campus dormitories where students are encouraged to stay.


SECTION 11. Representation in the schoot's highest policy-making body. ~ There shall
be a student representative in the highest policy-malting body of the school. The selection
process for the student representative will be formulated by the student council or student
government, but adopted through a referendum among the students

The student representative shall have the same rights as the other members of the
governing board; Provided, that no monetary compensation shall be given to the student
representative except reimbursement of actual and necessary expenses incurred in
attending meetings and representing the governing board.

SECTION 12. Right to information. — The right of students to information on matters
affecting their welfare shall be recognized.

At the minimum, students shall have access to the following documents:

a) Official school acts embodying schoo! policies;

b) The school's annual budget information, including pertinent transactions; and
c) Any other document that involves the rights and welfare of the students.

‘Any student who wishes to obtain information from the school administration shall simply
forward a letter request through mail or through electronic means to the assigned custodian
of the requested information or document.

SECTION 13. Right to freedom of expression. — Students shall have the right to freely
express their views and opinions. They shall have the right to peaceably assemble and
Petition the government and school authorities for the redress of their grievances. No school
regulation shall be imposed violating or abridging the student's right to assembly.

Students shall have access to print and broadcast media in their activities. They shall also
have the right to print, circulate, and/or mount leaflets, newsletters, posters, wall news
petitions, and such other materials. School authorities shall ensure the provision of facilities
such as bulletin boards.

SECTION 14. Academic freedom. — Students’ academic freedom shall 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 relation to curricular and extra-curricular
activities;

c) To choose a field of study and to pursue the quest for truth;

d) To express their opinion on any subject or public or general concer which directly or
indirectly affects the students of the educational system;

€) To invite off-campus speakers or resource persons to student-sponsored assemblies,
forums, symposia, and other similar activities;

f) To express contrary interpretations or — dissenting opinions inside and outside the
classrooms;

g) To participate in the drafting of a new curriculum and in the review or revision of the old
through consultations and membership in working groups;

h) To participate in the process of revising the student handbook and school rules and
regulations. A copy of the existing student handbook will be given to students upon
admission to the school: and

i) To decided and choose actions according to personal and political beliefs, and be free
from the imposition of any thought, ideology, or principle,

SECTION 15. Rights on Academic Procedure. —


a) Syllabus

A syllabus should clearly define and reflect the contents of the curriculum. The course
syllabus shall be provided to students before the start of classes to ensure that students are
Quided throughout the school term.

b) Class requirements and measures for evaluation
1. Criteria for grading should be formal and appropriately quantified;

2. Mere absences from scheduled classroom lectures should not be the sole basis for
grading: Provided, that a maximum number of absences shall be prescribed;

3. A student shall have the right to do make-up work in the event that requirements were
not accomplished because of excusable inability to be physically present.

¢) Class performance.
Students have a right to know their class performance data from submitted papers, quizzes,
long or short examinations and other similar class requirements

4) Consultations.

Members of the school faculty shall have regular consultation hours and make themselves
available to discuss relevant student concerns. These hours should be made known to the
students at the beginning of the term.

SECTION 16, Right to due process. - The right of a student to due process shall be
observed and respected especially during disciplinary proceedings.

There shall be an independent student disciplinary board to be composed of one (1)
representative from the school administration, two (2) faculty members, and two (2)
students: Provided, that the representatives shall have the written endorsement of the
student council or student government.

The board shall conduct investigations and decide student disciplinary cases following the
adopted guidelines for the proceedings. The representative from the administration shalll sit
in the board for five (5) years, the representative from the faculty for three (3) years, and the
representative from the students for one (1) year.

Blacklisting, expulsion, suspension, and other disciplinary sanctions that may be imposed
against an erring student shall be imposed only if the following rights have been observed
and accorded the student.

a) To a hearing before the board, which includes the right to present one's case and submit
evidence in support thereof;

b) Against self-incrimination;

©) To be defended by a representative or counsel of choice, adequate time being given for
the preparation of the defense;

) To have the decision rendered on the evidence presented at the hearing, or at least
contained in the record and disclosed to the parties affected;

€) To appeal adverse decisions of the student disciplinary board to the governing board and
ultimately to the appropriate education agencies;
f) To have the deciding body, render its decision in such a manner that the issues involved
and the reasons for any decision rendered are made clear to the student;

g) To Confidentiality; and

h) Any other rights as are afforded and guaranteed to an accused under the Constitution.

Subject to existing laws, a decision on a case filed before a student disciplinary board shall
be resolved within three (3) months after the filing of such a case or complaint.


The office of the guidance counselor of the concemed school, in consultation with the
student disciplinary board, shall publish on a periodic basis a list of acts that violate school
rules and regulations and their corresponding disciplinary sanctions: Provided, that such
rules and regulations do not violate the rights guaranteed herein and under the Constitution.

SECTION 17. Right against illegal searches and seizures. Except for the following, any
other form of search and seizure shall be unreasonable and illegal:

a) Searches made with a valid search warrant;
b) Searches made at the point of ingress and egress by a person authorized by the school;
©) Seizure of articles deemed illegal under existing laws falling in the plain view of duly
confiscating authority; and

d) Searches and seizures made when the student is about to commit, is committing, or has
just committed a crime or a serious infraction of such rules and regulations.

Articles seized in violation of this Section shall be deemed fruits of an unlawful search and
seizure and therefore cannot be used as evidence against the student in any disciplinary
action.

SECTION 18. Access to school records and issuance of official certificates. — Students
shall have access to their own school records, and have the right to be issued official
certificates, diplomas, copies of transcripts of records, copies of grades, documents required
as transfer credentials, and other similar documents within thirty (30) days from the filing of
a written request together with other reasonable requirements.

The school shall strictly maintain the confidentiality of all school records.

SECTION 19. Right to privacy. - The right of students to the privacy of their communication
and correspondence is affirmed and shall remain inviolable. This right to privacy also
extends to the following

a) The public use of student's name or likeness;

b) A student's private affairs, including seclusion or solitude;

c) Personal circumstances, whether facts or otherwise, especially those which, from the
Point of view of the student, will cause him embarrassment when made public; and

d) That information which might put any person in false light and destroy good reputation.

SECTION 20. Ban on Firearms. — No person shall carry firearms or explosives in school
campuses except if such person has the necessary permit to carry such firearm issued by
appropriate government authorities by reason of his obligation to ensure peace and security
of the school campus, such as that of a member of the Philippine National Police.

SECTION 21. School fees and other tariffs. - Contributions which do not pertain to the
tuition or other fees, as well as to other fees allowed to be collected in this Act, shall prima
facie be considered unnecessary and shall be prohibited from being collected.

To comply with student requests for information as provided in Suction 18 of this Act,
schools are prohibited from imposing fees beyond the actual cost of reproducing school
records, official certificates, copies of transcript of records, copies of grades, and other
documents required as transfer credentials,

No increase in tuition or other school fees shall be allowed unless:
a) A notice of increase specifying the particular fee to be increased is publicly announced
and posted in conspicuous locations a year prior before the proposed increase is planned to
take effect. The council of leaders and the student council or student government shall be
directly notified about the proposed increase.


b) At least one (1) public meeting was held where students, the council of leaders, and the
student council or student govemment have an open discussion with the school
administration regarding the proposed increase. The head of the goveming board shall be
Present during this public meeting. Parents of students may be allowed to attend. The
conduct of the public meeting shall not be interpreted as denying the students a continuous
consultation process in relation to the proposed increase.

¢) All documents pertaining to the proposed increase is made available to the student
council or student government

) The presentation of a counterproposal or position of the student representative to the
governing board has been conducted.

SECTION 22. Implementing Rules and Regulations. — Within six (6) months from the
date of effectivity of this Act, the DepEd, CHED, TESDA, CHR, NYC representatives of
national student organizations and representatives of school administration shall issue the
implementing rules and regulations (IRR) of this Act.

SECTION 23. Administrative bodies and remedies. - The CHED, DepEd, and TESDA
are hereby vested with powers necessary to investigate and impose administrative penalties
to ensure the enforcement of this Act. Any student, member of a student council or student
governments, or youth organizations may file written complaints before the CHED, DepEd
and TESDA.

SECTION 24. Penal Provisions. — Any person who shall willfully interfere with, restrain, or
coerce any student in the exercise and enjoyment of rights guaranteed by this Act shall,
upon conviction, be punished by imprisonment of not less than one (1) year but not more
than five (5) years, or a fine of not less than Fifty Thousand Philippine pesos (Php 50,000)
but not more than One Hundred Thousand Philippine pesos (Php 100,000), or both, at the
discretion of the court

If the offender is a juridical person, the penalty shall he imposed upon the president,
treasurer, secretary or any officer or person responsible for the violation. If the offender is a
Public officer or employee, the Court shall, in addition to the penalties above, order his or her
dismissal from government service.

SECTION 25. Separability Clause. - if any provision of this Act shall be held
unconstitutional or invalid, the other provisions not otherwise affected shall remain in full
force and effect.

SECTION 26. Repealing Clause. - All laws, decrees, executive orders, rules and
regulations or parts thereof which are contrary to or inconsistent with this Act are hereby
repealed, amended or modified accordingly.

SECTION 27. Effectivity. - This Act shall take effect fifteen (15) days after its complete
publication either in the Official Gazette or in a newspaper of general circulation.

Approved,