FOURTEENTH CONGRESS OF THE REPUBLIC 
First Regular Session 
OF THE PHILIPPINES 
Introduced by Senator Villar 
Exulanatory Note 
Section 1, Article XIV of the 1987 Constitution mandates 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. Towards this end, the 
Constitution further provides that the State shall establish, maintain, and support a 
complete, adequate, and integrated system of education relevant to the needs of the 
people and society and that the State shall encourage non-formal, informal and 
indigenous learning systems, as well as self-learning, independent, and out-of-school 
study programs particularly those that respond to the community levels (Sec. 2, Art. XlV, 
1987 Constitution). 
While the government continuously labors towards upholding these constitutional 
mandates, it is a sad reality that it encounters difficulty in providing quality and 
accessible education to all due to budgetary constraints resulting in the lack of classrooms 
and teachers. On the other hand, on the part of the a great number of our poor Filipino 
families, it is unfortunate that they cannot afford the everyday expenses involved (e.g. 
daily allowances for transportation, meals and other school-related incidental expenses) 
in sending their children to tertiary education the traditional way. 
In the preceding 
years, we have witnessed the decline in the quality of education and the significant 
increase in the number of students not pursuing andor finishing higher education. In 
addition, many of our young people necessarily had to leave school and shelve their 
dream of acquiring college degree for them to work in low-paying jobs to help in the 
upkeep of their families. 
The Open Learning and Distance Education could be a suitable response to this 
reality. This System has minimal need €or classrooms and teachers, it does not entail 
daily school expenses/allowances on the part of the student and it will enable the student 
to pursue work or earn a living to help their families while studying. Unlike traditional 
education in which one goes to school regularly to meet teachers and classmates, a 
student availing himself or herself of distance learning can attend classes while at home 
or in the workplace with the use of modules, e-mail, chat and video conference to name a 
few. Like the traditional learning experience, distance education follows a curriculum. 
There are deadlines set for the inputs of the students but studying can be done at ones 
pace. To ensure efficiency and quality, mechanisms are employed to monitor and ensure 
the academic progress of the students. 
This bill seeks to strengthen and regulate the offering of open learning and 
This innovative delivery of education to learners 
distance education in the country. 
could make higher education accessible to a great number of our people pursuant to the 


Constitutional mandate. 
As long 
as the necessary support for the efficient 
implementation of the system as enunciated in the bill are followed, open learning and 
distance education could well serve as effective engines to develop our people and nation. 
Early approval of the bill is earnestly recommended. 
\ 


’ .  - 
O W , .  
: , x i  ;,i.ciiLT,&,RIF 
~..? 
FOURTEENTH CONGRESS OF THE REPUBLIC 
.. 
OF THE PHILIPPINES 
i’ “A‘( 
-6; 
f: , j  ~* 
First Regular Session 
_i ! 
IC 
1 i 
1 
2 
3 
4 
5 
6 
7 
8 
9 
10 
11 
12 
13 
14 
15 
16 
17 
18 
19 
20 
21 
22 
23 
24 
25 
Introduced bv Senator Villar 
AN ACT 
STRENGTHENING THE OPEN LEARNING SYSTEM OF HIGHER EDUCATION 
IN THE PHILIPPINES, APPROPRIATING FUNDS THEREFOR AND FOR 
OTHER PURPOSES 
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 Open Tertiary 
Education Act of 2008. 
SEC. 2. Declaration of Policy. - It is hereby declared the policy of the 
State to expand and further democratize educational opportunities for our 
people in a more effective and economical manner through the utilization of 
innovative educational technologies. In view thereof, the State recognizes the 
open learning system as a necessary mode to widen access to quality tertiary 
education even as it guarantees academic freedom of higher education 
institutions on what to teach and how to teach. 
SEC. 3. Definition of Terms. - For purposes of this Act, the following 
terms are hereby defined: 
“(a) Open Learning System - A philosophy of learning that is highly 
flexible and learner-centered, that is the conditions for learning are controlled 
I 


4 
5 
6 
7 
8 
9 
10 
11 
12 
13 
14 
15 
16 
17 
18 
19 
20 
21 
22 
23 
24 
25 
26 
by the learner, thus enabling him to learn at the time, place and pace which 
satisfy his circumstances and requirements. It includes Expanded Tertiary 
Education, Equivalency and Accreditation Program (ETEEAP), prior learning, 
portfolio learning, non-traditional, or sorts of prior learning that could be 
submitted for formal recognition. 
“(b) Distance Education - A system of delivering educational services 
to students who are disadvantaged by limited time, distance, or physical 
disability, among others, through the use of specially designed materials and 
methods and supported by organizational and administrative structures and 
arrangements. It is characterized by the separation of learner and teacher, the 
influence of an organization, the possibility of occasional meetings and face-to- 
face interactions, the recourse to an industrialized form of education, and the 
use of technical media such as print, radio, audio, video and computers. 
“(c) Open University - A university which makes use of the open 
learning system by offering distance education programs at the tertiary level to 
students who cannot complete their education using the traditional mode. 
Sec. 4. 
Coverage. This Act shall apply to public and private higher 
education institutions with existing open learning programs and to other 
institutions which shall later be authorized as qualified implementers of the 
System. 
SEC. 5. 
Admission Requirements. - Admission to an open tertiary 
education shall be governed by these admission requirements: 
27 
28 
2 


1 
2 
3 
4 
5 
6 
7 
8 
9 
10 
11 
12 
13 
14 
15 
16 
17 
18 
19 
20 
21 
22 
23 
24 
25 
26 
27 
28 
29 
a. 
Completion of high school education evidenced by a high school 
certificate/ transcript of records shall be required for admission; 
and 
b. 
Admission requirements by the admitting educational institution 
shall be instituted in accordance with standards 
set by the 
Commission on Higher Education (CHED). 
SEC. 6. Program Requirements. - There shall be defined a set of courses 
(subjects) and/or examinations, the completion of which shall be required for 
graduation from a program, and which shall be equivalent to those under the 
formal system. 
a. The place, pace and mode of study shall be done at the option and 
convenience of the student, except in the case of examinations whose 
context, content and conduct shall be determined by the institution. 
b. The Commission on Higher Education and/or the institution 
concerned shall develop and implement a mechanism to monitor the 
academic progress of the students. 
c. The programs to be offered and the curricula to be implemented 
under the open tertiary education shall conform with the CHED’s 
updated policies and guidelines on open learning and distance 
education. 
d. 
Completion of a program shall be evidenced by the award of the 
appropriate certificate or diploma. 
3 


1 
5 
6 
7 
8 
9 
10 
11 
12 
13 
14 
15 
16 
17 
18 
19 
20 
21 
22 
23 
24 
25 
26 
27 
e. 
For the practice of the profession for which one has acquired the 
necessary academic credentials in the Open Tertiary Education, 
the existing requirements of passing a board or exams shall apply. 
SEC. 7. Mode ofDeliuey. - Open Learning System /Distance Education 
may be delivered using the following: 
(a) 
Media 
1. Print - textbooks, study guides, workbooks, course syllabi, 
correspondence feedback, and other print formats; 
2. Audio-visual - radio, audio cassette tapes, slides, film, 
videotapes, television, telephone, fax, audio-conferencing, 
video-conferencing; 
3. Electronic/Computer Technology - CD-ROM, electronic mail, e- 
bulletin boards, world-wide web, E-learning or online delivery of 
education; and 
4. Face-to-face sessions. 
(b) Autonomous open learning/distance education institutions or 
independent open learning/distance education departments of a 
conventional or traditional institute, college or university; 
(c) Consortium model consisting of open learning/distance education 
departments of different institutions. 
SEC. 8. Support to Distance Education Programs. - Higher education 
institutions with open learning programs shall be provided support based on 
the following criteria to be determined by the CHED: 
4 


1 
2 
3 
4 
5 
6 
7 
8 
9 
10 
11 
12 
13 
14 
15 
16 
17 
18 
19 
20 
21 
22 
23 
24 
25 
26 
27 
28 
29 
30 
(a) Qualified faculty with experience and/or training in distance 
education; 
(b) Relevant curricular programs; 
(c) Appropriate educational materials; 
(d) Suitable student support services and delivery system; and 
(e) Linkages with other appropriate institutions as study centers. 
Sec. 9. 
Support to Students. - Any student enrolled under this Act 
shall be given access to all privileges, opportunities and entitlements that a 
student similarly situated under the traditional system may have access to, 
including but not necessarily limited to, availment of scholarships, grants 
and loans from the government or government-administered funding sources. 
Specifically, higher education institutions shall be tasked to perform the 
following support services: 
(a) Maintain faculty-student dialogue in strategic sites and/or establish 
learning centers or linkages with other HEIs to ensure greater access 
to the clientele for admission, tutorial, counseling, testing and 
evaluation activities; 
(b) Provide clear admission policies and procedures for applicants; 
(c) Provide for an efficient and reliable communication system and media 
support including equipment and facilities; 
(d) Show evidence of regular monitoring of learners’ progress; and 
31 
5 


1 
(e) Provide liberty and learning resources for the students. 
2 
3 
4 
5 
6 
7 
8 
9 
10 
11 
12 
13 
14 
15 
16 
17 
18 
19 
20 
21 
22 
23 
24 
25 
26 
27 
28 
Sec. 10. Role of the Commission on Higher Education (CHED). - The 
CHED has the authority to identify the higher educational institutions which 
shall be allowed to offer open learning/distance education programs and be 
given allocation for the continued implementation of these programs. As 
such, it shall: 
(a) Promulgate the necessary rules and regulations for the effective 
implementation of the System; 
(b) Propose approaches to improve the quality of distance education in 
the country and formulate a quality control mechanism 
for 
distance education; 
(c) Monitor and evaluate existing open learning programs; 
(d) Review and approve proposals for new open learning programs 
from educational institutions; and 
(e) Recommend to the Department of Budget and Management (DBM) 
the budget for open learning programs of qualified higher education 
institutions based on the CHED monitoring and evaluation results. 
SEC. 1 1. Role of Broadcast Stations and Telecommunications Network. - 
Broadcast stations and telecommunications networks are encouraged to 
provide assistance and cooperation in support of the open learning system or 
in the delivery of distance education, which may include but not necessarily 
G 


1 
2 
3 
4 
5 
6 
7 
8 
9 
10 
I? 
12 
13 
14 
15 
16 
17 
18 
19 
20 
21 
22 
23 
24 
25 
26 
limited to, the transmission of materials for formal and non-formal courses to 
learners not only in the Philippines but also outside the country. 
SEC. 12. Tax Incentives. - Private entities such as broadcast stations 
and telecommunications networks and others which shall provide appropriate 
materials, time and services to the system shall be given corresponding tax 
credits in accordance with existing rules and regulations. 
SEC. 13. Appropriations. - The amount necessary to carry out the 
initial implementation of this Act shall be charged to the appropriations of the 
Commission on Higher Education under the current General Appropriation 
Act. Thereafter, the funds necessary for the continuous implementation of this 
Act in the ensuing years shall be included in the annual appropriations of 
CHED in the General Appropriations Act. 
SEC. 14. Implementing Rules and Regulations. - The Commission on 
Higher Education (CHED), in consultation with relevant stakeholders in higher 
education, is hereby mandated to formulate the rules and regulations to 
implement this Act within a period of ninety (90) days from the effectivity 
thereof. 
SEC. 15. Separability Clause. - If any provision of this Act or any part 
thereof be declared unconstitutional or invalid, the other provisions, far as they 
are separable from the invalid ones, shall remain in force and effect. 
SEC. 16. Repealing Clause. - All laws, decrees, orders, rules and 
regulations or parts thereof specifically inconsistent with this Act are hereby 
27 
repealed or modified accordingly. 
7 


1 
2 
3 
circulation. 
SEC. 17. Effectivity. - This Act shall take effect fifteen (15) days after its 
publication in the Official Gazette or in at least two (2) newspapers of general 
4 
5 
Approved, 
8