TI-IIRI'EENTH CONGRESS OF TI-IE 1 
REPUBLIC OF THE PHILIPPINES 1 
Second Regular Session 
1 
Introduced by Senator M.A. Mndrignl 
EXPLANATORY NOTE 
The right to education is recognized as a basic human right under Article 26 of the 
Universal Declaration of Human Rights. 
According to the United Nations Educational, Scientilic and Cultural Organization 
(UNESCO), "the right to ediicntion is n fundnmentnl h.Limnn right. It occupies a central plnce in 
Ifuwinn Xighls nnd is essential nnd iizdispensn6lefor the exercise of all other hunzan rights and 
for, developnwnt. A s  nn empowennent right, educntion is the primniy vehicle by which 
economicrrlly nnd socially mnrginnlized ndiilts and children can lift themselves out of poverty, 
nnd obtnin the menns to pnrticipnte fully in their communities. None of the civil, politicnl, 
economic nnd socinl rights cnri be exercised by individunls unless they hnve received n certain 
nzinimuiiz educntion. " 
In ille Philippines however, the exorbitant tuition fee increases being imposed by private 
ediicational institutions and even state colleges and universities have rendered inutile 
the right to education. For school year 2006 alone, seventy percent (70%) of private 
educational institutions in the National Capital Region are increasing their tuition fees. 
Private education, by virhie of the policy of deregulation mandated by Batas Pambansa 
232, otherwise known as the Education Act of 1982, has turned into a very profitable 
business indeed. In the past 14 years alone, 595 private Higher Education Institutions 
have been established. 
The government agencies tasked to provide protection against profiteering by these 
institutions have failed miserably as increases in tuition, miscellaneous or other fees, 
some of which are even collected redundantly, continued without regard to the 
suffering of the students and their parents. In fact, since the enactment of Batas 
Pambansa Bilang 232 in 1982, tuition fees have riscn 370% and with no end in sight. 
The passage ol this bill is not the final solution to the problems plaguing the education 
sector. The imposition of a three-year moratorium on all fees in all private educational 
institutions and state universities and colleges will however provide relief to the 
overburdened Filipino people. 
In view of the foregoing, iinmediate approval the 


THIRTEENTH CONGRESS OF TIHE ] 
REPUBLIC OF THE PEIILIPPINES ] 
Second Regular Session 
) 
S E N A T E  
Jntrodtrccd by Senntov M.A. Mndripl 
AN ACT IMPOSING A THREE-YEAR MORATORIUM ON TUITION AND OTHER 
FEE INCREASES ON ALL EDUCATIONAL INSTITUTIONS 
Be it enacted by the Senate and the House of Representatives of the Philippines in 
Congress Assembled: 
SECTION 1: Title- This Act shall be known as the "TUITION FEE MORATORlLZM ACT 
OF 2006." 
SECTION 2: Declaration of Basic Policy- It is the policy of the state lo promote quality 
education that is accessible to all and to establish, maintain and support a complete, 
adequate and integrated education system relevant to the needs of lhe Filipino people. 
SECTION 3: Definition of Terms - as used in this Act, the following terms shall mean: 
(a) "Privnte Educntiorinl Institutions" - any school, college, university, company or 
corporation authorized by the state to grant education, either formal or informal; 
technical or non-technical; vocational or non-vocational; and whose subsistence relies 
significantly in it gaining profits, dividends or stocks from giving such. 
(b) "Tuitiou" - is used to refer to the charges that all students pay to attend a private 
educational institution. These are coinposed of specific types: operating fees, building 
fees, services and activities fees and technology fees. 
(c) "'Miscellnneous nnd other school fees"- additional charges other than tuition fees 
coliected for specific actual services rendered to students, as may be identified by the 
school authorities and certified by the recognized student council and faculty association 
such as but not limited to, medical and dental, atlilelic, audio-visual, guidance, 
inscirance, laboratory fee, laboratory deposit, library fee, school publication, registralion, 
and such other fees that refer to services. 
SECTION 4: MANDATE: 
The Department of Education (DepEd) Commission on 
Higher Education (CHED), Technical Education and Skills Authority (TESDA) is hereby 
malidated to impose a three year moratorium on any school fee increase, whether it be 
tuition, miscellaneous and other school fees on all private educational institutions. 
SECTION 5: EXEMPTIONS: A private educational instilution may apply for an increase 
in tyition or other school fees, following existing rules and guidelines implemented by 
the DepEd, CHED and TESDA, provided it has posted no net profit or incurred losses 


on the year preceding the application for fee increases according to its declaration of 
assets, income and liabilities, a copy of which should be filed together with the 
application for exemption. 
SECTION 6: PENALTY CLAUSE: Any educational institution found in violation of this 
Act shall be punished with a fine of NOT LESS THAN 100,000 pesos (100,000 Php) and 
NOT MORE THAN 500,000 pesos (500,000Php) or imprisonment OF NOT MORE 
TI-IAN SIX (6) YEARS or both, in the discretion of tlie court. The misrepresenlation or 
misdeclaration of assets, incomes and liabilities shall be prima facie evidence as 
violating this Act. 
SECTION 7: REPEALING CLAUSE - All laws, presidential dccrees, executive orders, 
rules and regulations or parts thereof which are inconsistent with the provisions of this 
Act are hereby repealed or modified accordingly. 
SECTION 8. SEPARABILITY CLAUSE. - If any part or provision of this Act shall be 
held unconstitutional or invalid, other provisions hereof which are not affected shall 
continue to be in full force and cffect. 
SECTION 9. EFFECTIVITY- This Act shall take effect fifteen (15) days after its 
publication in two (2) national newspapers of general circulation. 
Approved,