SIXTEENTH CONGRESS OF THE REPUBLIC 
OF THE PHILIPPINES 
First Regular Session 
SENATE 
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S. B. No. __ 2=· =2 ...... 7 ..... 4L" 
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(In substitution of S. Nos. 140,639,1340,1414 and 2155) 
Prepared Jointly by the Committees on Education, Arts and Culture; Finance; and, 
Ways and Means with Senators Villar, Recto, Trillanes, Defensor-Santiago, Estrada, 
Angara and (P.) Cayetano as authors 
AN ACT TO EXPAND ACCESS TO EDUCATION THROUGH OPEN LEARNING AND 
DISTANCE EDUCATION IN TERTIARY LEVELS OF EDUCATION, APPROPRIATING 
FUNDS THEREFORE AND FOR OTHER PURPOSES 
Be it enacted by the Senate and House of Representatives of the Philippines in 
Congress assembled: 
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SECTION 1. Short Title. - This Act shall be known as the "Open Learning and 
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Distance Education Act of 2014," 
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SEC. 2. Declaration of Policy. - It is hereby declared the policy of the State to 
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expand and further democratize access to quality education at the tertiary levels. 
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SEC. 3. Coverage.- This Act shall apply to public and private higher education 
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institutions (HEls) and post-secondary schools in the Philippines which have existing 
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open learning and distance education programs, and to other HEls and post-secondary 
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schools which shall later be authorized as qualified implementers of open learning and 
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distance education programs. 
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SEC. 4. Definition of Terms.- For purposes of this Act, the following terms are 
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hereby defined: 
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a) Distance Education refers to a mode of educational delivery whereby the 
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teacher and learner are separated in time and space, and the instruction is 
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delivered through specially designed materials and methods using appropriate 
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technologies and learning management systems and supported by organizational 
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and administrative structures and arrangements; 
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b) Formal Educatio,n refers to a systematic and deliberate process of hierarchically 
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structured and sequential learning corresponding to the general concept of 
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sohooling in a classroom setting; 
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c) Higher Education Institution (HEI) refers to an educational institution, private or 
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public, undertaking operations of higher education degree program/s, with an 
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organized group of students pursuing defined studies in higher education, 
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receiving instructions from teachers, usually located in a building or group of 
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buildings in a parlticular site specifically intended for educational purposes; 
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d) Higher Educatioll1 Degree Programs refer to specific courses of study in the 
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higher level of the education system leading to a bachelor's, master's or doctoral 
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degree; 
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e) Open Learning refers to a philosophy of learning that is learner-centered and. 
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flexible, enabling learners to learn at a time, place and pace which satisfies their 
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circumstances and requirements; 
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f) Post-Secondary School refers to an institution that offers non-degree technical-
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vocational programs accredited by the Technical Education and 
Skills 
9 
Development Authority (TESDA); 
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g) Technical-Vocational Programs refer to post-secondary certificate courses, 
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officially recognized as non-degree programs aimed at preparing technicians, 
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paraprofessionals and other categories of middle-level workers by providing them 
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with a broad range of general education, theoretical, scientific and technological 
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studies, and related job skills training; and 
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h) Tertiary EducaHon refers to higher education degree programs, as well as 
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technical-vocational programs. 
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SEC. 5. Establishment of Distance Education. - Distance education is hereby 
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established under the Non-Conventional Higher Education Division of CHED and the 
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National Institute for Teehnical Education and Skills Development (NITESD) of TESDA 
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to provide access to tertiary education through open learning. 
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SEC. 6. Admission and Other Academic Policies and Requirements. -
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Admission and other academic policies and requirements in HEls and post-secondary 
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schools offering higher education degree programs and technical-vocational programs, 
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respectively, through distance education programs, shall be governed by a set of 
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policies, standards and requirements set for higher education degree programs by duly 
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authorized academic bodies such as Commission on Higher Education (CHED), and/or 
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their Board of RegentsITrustees, University/Faculty Councils, and for technical-
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vocational programs by TESDA. 
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SEC. 7. Program, Curriculum and Course Development Offerings and 
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Requirements. - Open learning and distance education course offerings and programs, 
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as well as curricula requirements for admission and graduation, should be comparable 
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to the standards, practices, and policies of formal education systems, and should 
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similarly be subject to regulations by CHED and/or TESDA, as applicable. 
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There shall be defined a set of courses/subjects and/or examinations, and/or 
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special projects and activities, the completion of which shall be required for graduatiori 
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from higher education degree programs or technical-vocational programs, and which 
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shall be equivalent to that under the formal education system. The following shall also 
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be considered: 
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(a) The place, pace, and mode of study of the student shall be at the option and 
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convenience of the student within the time frame as may be prescribed by the 
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iearning institution: Provided, That the content, context and conduct of 
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examination shall be determined by the HEls or post-secondary schools offering 
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the distance education program; 
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(b) The HEI or post-secondary school shall formulate and implement a mechanism 
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to monitor the academic progress of the students; 
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(c) The curricular offerings using the open learning philosophy which are offered 
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through the distance education mode shall conform to respective policies, 
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standards, and guidelines for distance education of CHED and TESDA, as 
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applicable; 
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(d) Practicum or on-tile-job trainings shall be observed for courses that require the 
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same; 
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(e) Completion of all the requirements for the academic program shall be evidenced 
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by the award of the appropriate academic degree or certificate; 
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(f) For the practice of the profession for which one has acquired the necessary 
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academic credentials through distance education, the existing requirements of 
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passing a board examination shall apply. 
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SEC. 8. Mode of De/ivery.-Open learning and distance education programs 
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may be delivered using information and communications technology and other 
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approaches, such as but not limited, to the following: 
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(a) Print - textbooks, study guides, workbooks, course syllabi, correspondence 
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feedback, and other print formats; 
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(b) Audio-Visual - radio, audio cassettes, slides, film, videotapes, television, 
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telephone, fax, audio-conferencing, and video-conferencing; 
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(c) Electronic/Computer Technology and Virtual Classrooms -
CD-ROM, 
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electronic mail,e-bulletin boards, world-wide web, pod casts, m-Iearning, i-
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lectures, e-Iearning or online learning management systems; and 
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(d) Face-to-face sessions - conducted in learning and study centers. 
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SEC. 9. Support to Open Learning and Distance Education Programs.- The 
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CHED, TESDA, and thle University of the Philippines Open University (UPOU) shall 
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provide support to HEls and post-secondary schools in developing and providing high 
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quality programs and oj,ferings in open learning and distance education. This support 
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includes, among others: 
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(a) Training of qualified teachers, providers, and other professionals; 
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(b) Curriculum, courseware, and program development; 
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(c) Cyber infrastructure planning, resource sourcing, and implementation; 
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(d) School operations and management planning and development, including 
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support services, learning management systems, instructional design and 
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development, and research on emerging technologies; and 
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(e) Institutionallinka!leS and networking can also avail of scholarships under existing 
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guidelines. 
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SEC. 10. Schok,rships and Support to Students. - Any student enrolled in 
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open learning and distance education programs under the auspices of this Act shall 
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have access to all privileges, opportunities, and entitlements that a student similarly 
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situated under the formal education system may have access to, including, but not 
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limited to, availment of scholarships, grants, and loans from the government or 
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government-administered funding sources. 
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HEls and post-secondary schools engaged in open learning and distance 
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education programs shall likewise be tasked to perform the following student support 
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services: 
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(a) Provide clear admission policies and procedures for applicants; 
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(b) Maintain faculty-student dialogue and interactivity through virtual classrooms 
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linked electronically or through established learning centers or both, whichever 
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may be feasible, to ensure greater knowledge sharing, access to counseling and 
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other support services: 
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(c) Provide for an 
efficient and 
reliable communication system, feedback 
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mechanism, especially on learners' academic progress, and multimedia support; 
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(d) Show evidence of regular monitoring of learners' progress; and 
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(e) Provide a wide range of relevant, updated and accessible learning resources that 
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are easily accessible to students. 
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SEC. 11. Role of the University of the Philippines Open University.-The 
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University of the Philippilles Open University, hereinafter referred to as the UPOU, shall 
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be designated as the National Open University. As such, it shall: 
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(a) Provide leadership in the development of open learning and distance education 
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expertise in the country and in the appropriate use of information and 
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communications technologies in support of quality higher education; 
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(b) Promote best practices in open learning and distance education in the 
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Philippines; 
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(c) Share knowledge through informed and innovative research and other 
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development activities related to distance education through its exemplary 
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policies, programs, materials, learning management systems guidelines and 
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offerings; 
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(d) Provide technical assistance to CHED and TESDA on matters relating to 
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distance 
education 
policies, 
guidelines 
and 
standards, 
particularly 
in 
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implementing an accreditation system for open learning and distance education 
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programs and institutions in the country; 
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(e) Design model curricular programs which shall serve as prototype programs upon 
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which similar programs to be offered by other HEls in the country shall be 
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patterned after; 
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(f) Develop and promote appropriate information and communication technologies 
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to facilitate quality open learning and distance education programs in the country; 
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(g) Design and produce quality learning materials and objects both in print and 
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multimedia formats, for higher education and post-secondary instruction in the 
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country; 
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(h) Make instructional materials for distance education programs accessible to the 
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public through collaborative arrangements and other appropriate mechanisms; 
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(i) Assist other interested educational institutions in developing their distance 
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education programs, courses, and materials for specific learner groups or the 
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public at large; 
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U) Design and implement a continuing program to develop high level expertise in 
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the fields of open learning and distance education in the Philippines through 
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quality higher education degree programs and technical-vocational programs 
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through either or both distance and face-to-face modes of instruction and 
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training; and 
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(k) Help capacitate distance education teachers and practitioners through capacity-
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building and professionalization programs. 
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SEC. 12. Roles I')f the CHED and the TESDA.- The CHED and the TESDA" 
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shall be respective regulators of HE Is and post-secondary schools involved in open 
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learning and distance education. As such, they shall: 
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(a) Formulate, promulgate, disseminate and implement the necessary policies, 
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standards, guidelines, rules and regulations for the effective implementation of 
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open learning and distance education in the country; 
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(b) Formulate and implement strategies to improve the quality of open learning and 
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distance education programs and implement a system of quality control for open 
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learning and distance education in the country; 
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(c) Monitor and evaluate existing open learning and distance education programs 
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and effect the continuation or closure of programs in accordance with the 
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provisions of the implementing rules and regulations for distance education in the 
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country; 
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(d) Review and approve or disapprove proposals from HEls and post-secondary 
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schools for the implementation of new open learning and distance education 
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programs; and 
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(e) Endorse to the Department of Budget and Management (DBM) the budget for 
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open learning and distance education programs of qualified state HEls and public 
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post-secondary schools based on the respective monitoring and evaluation 
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results of the CHED and TESDA. 
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SEC. 13. Roles of Broadcast Media and Telecommunications Networks. -
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Broadcast media and tellecommunications networks are encouraged to provide as much 
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assistance and cooperation to HEls and post-secondary schools offering open learning 
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and distance education programs. Such assistance may include, but not necessarily be 
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limited to, the transmission of learning materials for formal and non-formal courses to 
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learners not only within the Philippines, but also outside the country. 
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SEC. 14. Tax Incentives.-Any donation, contribution, bequest and grant, in cash 
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and/or services which may be made by individuals and organizations, including, but not 
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limited, to private entities such as private schools, broadcasting companies, 
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telecommunications networks which shall provide appropriate materials, time and 
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delivery support services for the promotion of open learning and distance education in 
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partnership with HEls delivering academic degree programs and post-secondary 
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schools offering technical-vocational programs through distance education, shall be 
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exempt from the donor's tax and the same shall be considered as allowable deduction 
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from the gross income in the computation of the income tax of the donor in accordance 
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with the provisions of the National Internal Revenue Code of 1997, as amended. 
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SEC. 15. Implementing Rules and Regulations.- The CHED, through its 
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Technical Panel for Dist.ance Education, the TESDA, and the UPOU, in consultation 
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with relevant stakeholders in higher degree and post-secondary education, are hereby 
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mandated to formulate the rules and regulations to implement this within a period of 
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ninety (90) days from the effectivity thereof. 
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SEC.16. Appropl'iations.-The amount necessary to carry out the provisions of 
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this Act shall be included in the respective budget of the CHED, TESDA, UPOU and 
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public HEls and post-secondary schools which have existing open learning and 
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distance education programs in the annual General Appropriations Act. 
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SEC. 17. Separability C/ause.- If any provision of this Act or any part thereof be 
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declared unconstitutional or invalid, the same shall not affect the validity of the other 
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provisions of this Act. 
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SEC. 18. Repealing Clause. - All laws, decrees, orders, rules and regulations or 
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parts thereof which are inconsistent with the provisions of this Act are hereby repealed, 
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amended or modified aCGOrdingly. 
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SEC. 19. Effectivity. - This Act shall take effect fifteen (15) days after its 
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publication in a newspaper of general circulation. 
Approved, 
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