Republic of the Philippines
House of Representatives
Quezon City

SEVENTEENTH CONGRESS
First Regular Session

HOUSE BILL NO 4509

INTRODUCED BY CONGRESSMAN ALFRED VARGAS

EXPLANATORY NOTE

It is the policy of the State to protect and promote the welfare of Filipino students
According to the 1987 Constitution, the Government shall prioritize education, with the aim of
fostering patriotism and nationalism, accelerating social progress, and promoting total human
liberation and development among the Filipino youth. The State also recognizes its obligation
to protect and promote the right of all citizens to quality education at all levels, taking
appropriate steps to make education accessible to all, and guaranteeing the students’ enjoyment
of academic freedom in all institutions of higher learning,

However, despite this clear mandate under the Constitution, there are still existing
school policies that prevent students from fully enjoying their rights. Among these are
deregulated tuition fees increases, lack of independent student representation, restrictions on
freedom of speech, campus journalism censorship, and other policies that inhibit the students’
academic freedom

This proposed legislation aims to provide a national framework for the students’ rights
and welfare in order to specifically recognize that education is a right and such as, it can only be
exercised and enjoyed fully when the rights and welfare of Filipino students are promoted and
protected. This bill also acknowledges that education is essential to the full participation of
Filipinos in nation-building, instilling critical and creative thinking, and other values necessary
to promote civil liberties, human rights, and fundamental freedoms. There is also a need to
affirm that students have the right to meaningful participation in decision-making, especially in
the constructing and formulation of policies directly affecting them. Finally, this bill reinforces
the students’ right to organize student organizations, student unions, and student councils and
governments.

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

‘ALFRED VARGAS


Republic of the Philippines
House of Representatives
Quezon City

SEVENTEENTH CONGRESS
First Regular Session

nouse'siLNo._4 508

INTRODUCED BY CONGRESSMAN ALFRED VARGAS

ANACT
PROVIDING FOR A NATIONAL FRAMEWORK FOR STUDENTS’ RIGHTS AND WELFARE

Be it enacted by the Senate and the 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 of
2016.”

SECTION 2. Declaration of Policy. - Pursuant to Article I, Section 1 of the 1987 Philippine
Constitution, which makes it an obligation of the government to prioritize education, science
and technology, arts, culture and sports with the end of fostering patriotism and nationalism,
accelerating social progress, and promoting total human liberation and development, to Article
III of the Constitution which guarantees the fundamental rights of every Filipino citizen; and in
accordance with State obligations under international agreements, including the International
Convention on Civil and Political Rights, International Convention on Economic and Social Rights,
the Universal Declaration on Human Rights, International Convention on the Rights of the Child,
Convention on the Elimination of All Forms of Discrimination Against Women, it is hereby
declared a policy of the State to protect and promote the welfare of Filipino students.

Pursuant to Article XIV, Sections 1 and 5(1) of the Constitution, the State hereby recognizes
its obligation to protect and promote the right of all citizens to quality education at all levels,
shall take appropriate steps to make education accessible to all, and guarantees the enjoyment
of academic freedom in all institutions of higher learning.

‘Towards this end, the State:

a) Recognizes that education is a right and such as it can only be exercised and enjoyed
fully when rights and welfare of students and young Filipinos are promoted and
protected,

b) Acknowledges that education is essential to the full participation of Filipinos in
nation-building. It is also essential in instilling nationalism, critical and creative thinking,
and values necessary to promote civil liberties, human rights, and fundamental
freedoms.



©) Affirms that students have the right to meaningful participation in decision-making
processes inside and outside educational institutions, especially in the crafting and
formulation of policies directly affecting them. The promotion of this right to participate
is an integral part of the nation’s democratic processes.

) Affirms that the fundamental right to expression of students shall be unabridged and
autonomous from the influences of educational institutions.

e) Affirms the students’ right to organize, which encompasses the right to establish
student organizations, student unions, and student councils and governments,

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

a) “School” 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 studentry, 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,

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

4) “Governing board” refers to the highest policy-making body of the school such as a
Board of Directors, Regents, or Trustees. :

¢) “Student council” or “Student government” 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 government at large following election rules in the charter or
constitution of the student council or the student government.

A) "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.

4g) “Tuition” refers to amounts paid for the privilege to receive education in a school.

h) “Other school fees” refers to 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 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 free 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 be 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 government 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 concerned 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 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 turn 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
government 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 operations in any part of a 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 of 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 concerned.

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
will 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 journalists and
representatives from the faculty and the students.

Ethics in journalism shall be observed by the editorial staff. It shall be the responsibility
of the editorial staff to ensure that the student 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 (1) functioning clinic and a registered
nurse to provide basic care for common ailments;

) 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,
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 school's highest policy-making body. - There
shall be a student representative in the highest policy-making 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 as 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.

‘Atthe minimum, students shall have access to the following documents:

a) Official school acts embodying school policies;

b) The school’s annual budget information, including pertinent transactions; and
) 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 written 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:

4) 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;


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

4d) To express their opinion on any subject or public or general concern which directly or
indirectly affects the students of the educational system;

e) 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 o}
classrooms;

ions inside and outside the

4g) 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 guided throughout the school term.

b) Class requirements and measure 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,

d) 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 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 shall 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 hearing before the board, which includes the right to present one’s case and
submit evidence in support thereof;

b) Against self-incrimination;

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

d) 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;

To have the deciding body, in all controversial questions, render its decision in such a
manner that the issues involved and the reasons for any decision rendered are made
clear to the student;

4g) To confidentially; and

h) Any other rights as 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 concerned 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 illegi

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 school 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;

¢) Personal circumstances, whether facts or otherwise, especially those which are, 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 Section 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 government have an open discussion with the school
administration regarding the proposed increase. The head of the governing board shall

10


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.

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

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

The Commission on Higher Education, Technical Education and Skills Development
Authority, Commission on Human Rights, in coordination with the National Youth Commission,
representatives of national student organizations and representatives of school administration
shall promulgate the necessary rules and regulations to implement the provisions of the Act
within ninety (90) days from the approval 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 organization may file written complaints before the CHED, DepEd, and
TESDA

4a) Upon a finding that a school is guilty of violating rights guaranteed under this Act,
either CHED, DepEd, or TESDA, as the case may be, may cause the suspension or
revocation of the license or permit to operate of any school, college, or university.

b) The order of suspension or revocation of license or permit to operate may carry with
it a fine of not less than two hundred thousand Philippine pesos (Php 200,000.00) but
not more than five hundred thousand Philippine pesos (Php 500,000.00).

c) If the person violating the provisions of this Act is a student or student organization,
the CHED, DepEd, or TESDA, may issue a recommendation for the suspension or
expulsion of the student or the suspension or revocation of the accreditation of the
school organization.

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 for 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 50,000.00) but not more
than one hundred thousand Philippine pesos (Php 100,000.00), or both, at the discretion of the
court,

If the offender is a juridical person, the penalty shall be 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.

Refusal of any government official, including those working in state colleges and
universities, whose duty includes investigating or acting on any complaint for a violation of this
‘Act to perform his or her duty shall be considered as gross negligence on the part of such official
who shall suffer the appropriate penalty under civil service laws, rules, and regulations.

a


Any student whose rights have been violated as stipulated in this Act may file
independent civil case for damages against the offending persons, natural or juridical. He or she
shall be exempt from filing fees,

SECTION 25, Annual Report. - The CHED, DepEd, and TESDA shall monitor the
implementation of this Act and shall submit and annual report of the results of its monitoring to
the Office of the President and to the Philippine Congress.

SECTION 26, Separability Clause. - If, for any reason, any part, section, or provision of
this Act is held invalid or unconstitutional, the remaining provisions not affected thereby shall
continue to be in full force and effect.

SECTION 27. Repealing Clause. ~ All laws, decrees, executive orders, proclamations,
rules and regulations, and other issuances, or part or parts thereof, including inconsistent
provisions of the Education Act of 1982, which are inconsistent with the provision of this Act, are
hereby repealed, amended, or modified accordingly.

SECTION 28, Effectivity Clause. - This Act shall take effect immediately after the
completion of its publication in the Official Gazette or at least two (2) newspaper of general
circulation,

Approved,

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