Republic of the Philippines
HOUSE OF REPRESENTATIVES
Constitution Hills, Quezon City

SIXTEENTH CONGRESS
First Regular Session

nouse piNo.__ 1408

Introduced by Representative Harlin Cast. Abayon

EXPLANATORY NOTE

It is the policy of the State to democratize educational opportunities for our people. The
use of the Open Learning and Distance Education System is strengthened in this measure. ‘This
measure was previously filed by Senator Manny Villar in the 15" Congress. Passage of this Bill

is earnestly sought now in the 16 Congress.

S—

HARLIN CAST. ABAYON
Representative
First District of Northern Samar


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Constitution Hills, Quezon City

SIXTEENTH CONGRESS
First Regular Sessi

House BLLNo.__ 1408

Introduced by Representative Harlin Cast. Abayon

_ 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 2018.

SECTION 2. Declaration of Policy. - it is hereby declared the policy of
the State to expand and further demoeratize 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.

SECTION 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
learer-centered, that is the conditions for leaming are controlled by the
leamer, 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 es
print, radio, audio, video and computers.

©) Open University = A university which makes use of the open leaming
system by offering distance education programs at the tertiary level to
students who cannot complete their education using the traditional mode.

SECTION 4, Coverage. This Act shall apply to public and private higher
education institutions with existing open learning programs and to other

1


institutions which shall later be authorized as qualified implementers of the
System.

SECTION 5. Admission Requirements. - Admission to an open tertiary
education shall be governed by these admission requirements:

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).

SECTION 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.

) 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.

4) Completion of a program shall be evidenced by the award of the
appropriate certificate or diploma.

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.

SECTION 7. Mode of, Delivery. - 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, ebulletin
boards, world-wide web, E-learning or online delivery of education; and

4, Face-to-face sessions.

b) Autonomous open leaming/distance education institutions or independent
‘open leaming/distance education departments of a conventional or
traditional institute, college or university;

©) Consortium model consisting of open leaming/distance education
departments of different institutions.

SECTION 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:

a) Qualified faculty with experience and/or training in distance education;

b) Relevant curricular programs;

¢) Appropriate educational materials;

d) Suitable student support services and delivery system; and

e) Linkages with other appropriate institutions as study centers


SECTION 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 govemment-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
leaming 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;

©) 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

€) Provide liberty and learning resources for the students.

SECTION 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;

) Propose approaches to improve the quality of distance education in
the country and formulate a quality control mechanism for distance
education;

©) Monitor and evaluate existing open learning programs;

4d) Review and approve proposals for new open leaming 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.

SECTION 11. 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
limited to, the transmission of materials for formal and non-formal courses to
learners not only in the Philippines but also outside the country.

SECTION 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,

SECTION 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.

SECTION 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.


SECTION 15. Separability Clause. - if any prov Act or any
part thereof be declared unconstitutional or invalid, the other provisions, as far as
they are separable from the invalid ones, shall remain in force and effect.

SECTION 16. Repealing Clause. - Ali laws, decrees, orders, tules and
regulations or parts thereof specifically inconsistent with this Act are hereby
repealed or modified accordingly

SECTION 47. 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 circulation. e

Approved,