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The National Student Handbook First Edition


Copyright 2014
By National Anti-Poverty Commission Youth and Students Sector Term 2011 2014
Published by National Anti-Poverty Commission
National Anti-Poverty Commission Head Office
LWUA Complex, Training Center Building, Balara
Quezon City 1101 Philippines
Tel. No.: (02) 426-5028
Email: napcyouthamb@gmail.com
Websites: www.antipovertyyouth.wordpress.com / www.napc.gov.ph
The National Student Handbook Project Team
Project Managers
Heart Dino
Alvin Quintans
Writers / Researchers
Marlon Cornelio
Amiel Ayson
Frazdic Sta. Ana
Rafaela David
Bea Reyno
Layout Design
Ruevin Serrano
Nico Macabuhay
Project Coordinator
Alcariza Peregrino

All rights reserved.


Not for commercial use. Reproduction of this handbook may be permissible after due approval of
the publisher and the writers.

ii

National Student
Handbook
First Edition

iii

INTRODUCTION
The National Student Handbook is a project of the National Anti-Poverty
Commission, together with the leading government education agencies. It
aims to provide an up to date and quick references for students on
relevant rules and regulations, and legislations pertaining to students
rights and welfare. It aims to empower students in asserting, promoting
and protecting their rights.

It provides a set of guidelines for secondary and tertiary students on their


rights and welfare, in accordance with the memoranda issued by the
regulatory bodies such as the Commission on Higher Education,
Department of Education, and the Technical Education for Skills
Development Authority. It also tackles students rights and welfare
according to existing Philippine laws.

The National Student Handbook seeks to address the fragmented rules in


regulations governing the different education institutions, which in turn
results to school student handbooks that are against students rights and
welfare. It is a step forward in reviewing these regulations towards
coming up with a national students handbook.

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PARTNER AGENCIES

The development and production of this Handbook is realized with the


support and cooperation of the Commission on Higher Education
(CHED), Department of Education (DepEd) and Technical Education
and Skills Development Authority (TESDA).

The Commission on Human Rights (CHR) CHR provided assistance in


the review of existing laws such as the Magna Carta for Women, Campus
Journalism Act, the Anti-Hazing Act, among others, to come up with a
comprehensive review of legally protected rights of students inside and
outside of the campus. The partnership with CHR is further more
instrumental in tackling and redressing of cases of students rights
violations. The National Youth Commission (NYC) The NYC, as an
advocate of the youth, provided support for the production and
distribution of the National Student Handbook. The NYC has taken on
the role of collecting cases and facilitating prompt actions on students
rights violations.

Aside from government agencies, the Students Rights and Welfare


Coalition, convened by the Youth and Student Sector of NAPC, has been
instrumental in collecting and documentation of cases of students rights
violations. Youth and students through this Coalition are main
stakeholders of the National Student Handbook.

Message from the


National Anti Poverty Commission

Awareness of your rights as students enables you to move forward


common advocacies for the youth and for the entire nation.
The National Anti-Poverty Commission (NAPC) encourages young
Filipinos to actively participate in the affairs of the countryin
developing and formulating policies for social reform.
I commend the Youth and Students Sectoral Council and other agencies
for producing this National Student Handbook that will serve as a guide
to laws about the rights and welfare of students.

Let us continue to empower the young generation and contribute in


building our nation.

Jose Eliseo Rocamora


Secretary and Lead Convenor
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Message from the National Anti Poverty


Commission Youth and Students Sector
(NAPC YS)

Hundreds of thousands of Filipino students today contend with their


economic situation simply to get through higher education. Inside the
schools they have to contend with violation of students rights and
welfare.
The National Student Handbook aims to equip you, young Filipinos, in
knowing and protecting your rights as students.
The Youth and Student Sector of the National Anti-Poverty Commission
recognizes the empowerment and participation of youth and student as
crucial to the fight against poverty. Therefore young peoples awareness
and consciousness of their rights and liberties are crucial to meaningful
participation.

Padayon!
Gibby Gorres
Sectoral Representative
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Message from the National Youth


Commission (NYC)

The National Student Handbook is a collaborative work that we at the


NYC are proud of. It is a guide that aims to educate students about their
rights and safeguard your welfare more importantly to enable you to
exercise your responsibilities as the youth of our motherland.
You are now taking the helms of society and shaping it as far as you can
imagine. This handbook is a manifestation of our shared vision of
inclusive youth development and a call to action towards an empowered
youth sector.

Mabuhay ang kabataang Pilipino!


Gregorio Ramon Gio Tingson
Chairperson

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Republic of the Philippines


COMMISSION ON HUMAN RIGHTS

We at the Commission on Human Rights endorse this handbook, which we


consider a timely and extremely useful tool in the struggle to uphold the human
rights of all students.
Everyone has a right to education, according to article 26 of the Universal
Declaration of Human Rights. The International Convention on Economic,
Social and Cultural Rights and a host of other treaties recognize education as
fundamental to the attainment of a life of dignity. Education empowers and lifts
marginalized groups out of poverty and exclusion. It is a right that paves the
way for the enjoyment of all other rights. In the language of international human
rights law, education contributes to the full development of the human person.
Within the educational system discriminatory actions whether of the State or
by private persons negate the right to education and render academic freedom
illusory for victims. Too often we have seen dissenting students and teachers
locked out of school campuses or worse, dismissed in violation of their rights.
By compiling and annotating all pertinent regulations that enforce the right to
education, the authors of this handbook have developed a very potent weapon to
combat human rights violations. The CHR is a proud partner of the National
Anti-Poverty Commission (NAPC) and all students rights and welfare
(STRAW) advocates in this initiative.
Loretta Ann P. Rosales
Chairperson, CHR

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TABLE OF CONTENTS

I. Chapter 1: (Page 1)
Rules and Regulations on Common Student Rights Violations

II. Chapter 2 (Page 21)


Department Rules and Regulations
-

DepEd Regulations (Page 22)

TESDA Regulations (Page 35)

CHED Regulations (Page 55)

III. Chapter 3. Other Pertinent Laws (Page 73)


-

The Campus Journalism Act (Page 74)

The Higher Education Modernization Act (Page 75)

The Anti Hazing Law (Page 78)

The Magna Carta of Women (Page 80)

IV. Chapter 4: The Students Rights and Welfare (STRAW) (Page 84)
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Chapter 1
Rules and Regulations on
Common Student Rights Violations

This section outlines the relevant provisions for common student rights
violations as reported by students and reported in media. The section is
organized according to the following key issues:
-

admission and enrollment

tuition and other fee increases

student discipline

student rights

student records

bullying and hazing; and

graduation

A quick reference to agencies contact details in case of complaints and


inquiries is also provided.
The detailed guidelines for each of the education agencies of government
are provided in another section for reference.

ADMISSION AND ENROLLMENT

Is Boy/Girl Scout Membership Fee a requirement?


No. School contributions or membership fees such as Boy/Girl Scouts,
Philippine National Red Cross, Anti-TB fund, school publication fee,
and Parents Teachers Association fee, among others are considered
voluntary contributions. Furthermore, not paying these fees should never
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be a basis for non-admission, non-promotion, or non-issuance of


clearance, including withholding of report cards to a student. If any
school employee is found coercing contributions to students, a formal
complaint must be addressed to DepEd.

If a female faculty or student is pregnant, should she be


expelled or not re-admitted to the school?
No. According to RA 9710 or the Magna Carta of Women, expulsion
and non-readmission due to pregnancy of a female faculty and student
(outside of marriage) is illegal and intolerable.

Is no permit, no exam legal?


No. The policy is illegal. A student who has outstanding and property
obligations, including unpaid tuition and other school fees, shall not be
denied to take final examinations. Affected students may undertake a
Promisory Note, guaranteed by parents and subject further to the right of
the school to withhold the release or issuance of their school clearance
prior to graduation until all prior accountabilities are fully settled. Thus,
the final grades should be duly recorded and submitted to the Registrar
with the final grades of the rest of the students in the prescribed form.
(CMO No. 02, s. 2010)

What are the rules on tuition and other fee increases?


There shall be appropriate consultations with students and parents on
proposed increase in the rate of tuition fee. Furthermore, no increase in
tuition or other school fees shall be approved unless 70% of the
proceeds are allocated for increase in salaries of teachers and other
school employees, student assistance and extension services. (D.O. No.
88, S-2010; CHED Memo No. 3-2012)
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Tuition and other Fee Increase


Tuition and other fee increase (TOFI) are not applicable to
public schools because accessing education in such
institutions is free.
For the case of private schools, there should be proper
consultations with students and parents on proposals to
increase tuition fee and other school fees. The increase
shall be filled and approved by the DepEd Regional
Director.
The TOFI may be approved provided that 70% of the
proceeds are allocated to the salary increase of teachers
and other school personnel, student assistance and
extension services.
There should be proper consultations with students and
parents on proposals to increase TOFI.
The TOFI may be approved provided that 70% of the
proceeds are allocated to the salary increase of teachers
and other school personnel, student assistance and
extension services.
The TESDA Board Resolution No. 98-12 provides the
General Guidelines on the Regulation of Increases in
Tuition Fees in All Technical-Vocational Programs
Offered by Private Post-Secondary TVET Institutions.
(2001 TESDA Manual of Policies and Guidelines) (Sec
103, TESDA)
Tuition and other fees for the current school year should
always be posted on school bulletin boards and/or
displayed in appropriate locations in the campus.
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Student Discipline
All forms of punishment that induce physical pain is
not allowed and not tolerated. Furthermore, DepEds
Child Protection Policy prohibits school officials and
personnel to impose corporal punishment defined as,
a kind of punishment or penalty imposed for an
alleged or actual offense, which is carried out or
inflicted, for the purpose of discipline, training or
control, by a teacher, school administrator, an adult,
or any other child who has been given or has
assumed authority or responsibility for punishment or
discipline.
No disciplinary sanctions shall be imposed upon any
student except for valid causes as defined in the
school rules and regulations.
A school official or personnel has the right to impose
appropriate and reasonable disciplinary measures for
minor offenses or violations of good discipline
committed in their presence, provided, that no cruel
or physically harmful punishment shall be imposed
upon any erring student. (CHED D.O. No. 40, S
2008)
School officials and academic personnel have the
right to impose appropriate and reasonable
disciplinary measures in case of minor offenses or
violation of good school discipline committed in their
presence. However, no cruel or physically harmful
punishment shall be imposed or applied against any
student.( 2001 TESDA Manual of Policies and
Guidelines)

The following are forms of corporal punishment:


-

Blows to any part of a childs body, such as beating; kicking;


hitting; slapping; lashing; with or without the use of an
instrument such as a cane, shoes, broom, stick, whip or belt.
Pinching; pulling ears or hair; shaking; twisting joints; cutting
and shaving hair; cutting or piercing skin; carrying, dragging or
throwing a child.
Verbally abusing, scolding, yelling, swearing, ridiculing or
denigrating
Forcing a child, through the use of power, authority or threats, to
perform physically painful or damaging acts, such as holding a
weight or weights for an extended period; kneeling on stones, salt
or pebbles; squatting; standing or sitting in a contorted position.
Deliberately neglecting a childs physical needs, where this is
intended as punishment.
Using external substances, such as burning or freezing materials,
water, smoke, pepper, alcohol, excrement or urine.
Forcing a child to perform hazardous tasks as punishment or for
the purpose of discipline, including those that are beyond a
childs strength or bringing him or her into contact with
dangerous or unhygienic substances; such tasks include sweeping
or digging in the hot sun or rain; using bleach or insecticides;
unprotected cleaning of toilets.
Confining a child in a contained or enclosed space, confinement,
including being shut in a confined space or material, tied up, or
forced to remain in one place for an extended period of time.
Any threat of physical punishment.
Any other physical act perpetrated on a childs body, for the
purpose of punishment or discipline, intended to cause some
degree of pain or discomfort, however light;
Verbally assaulting, threatening or intimidating a child.
Making a child look or feel foolish in front of ones peers or the
public; and
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Other acts or words belittling, humiliating, blaming, ignoring or


isolating the child.

Cases of cruel and physically-harmful punishments that


not allowed and tolerated:
-

Grade 1 student was forced to eat a piece of paper for being


noisy in class in Aklan.

Student was jabbed twice by the school principal for breaking a


window.

Student was forced to swallow a stone for being noisy in North


Cotabato.

Student was slapped by teacher in Pangasinan.

What are the administrative actions and proceedings for


student discipline - for all levels?
An administrative action against a student may be filed in the case of a
violation of disciplinary rules and regulations. The minimum standards
of due process prescribed herein as follows:
1. The student must be informed in writing of the nature and cause
of any accusation against him, and required to answer the
accusation in writing. If the student is a minor, the parent or the
guardian shall be furnished with a copy of show cause letter;

2. If the student denies the accusation or alleges some fact or


matter in justification o mitigation of the offense, the institution
shall form a fact-finding committee to hear and receive
evidence;
3. In all stages of the proceedings, the student shall have the right
to assistance of a counsel of his own choice;
4. The student shall have the right to listen to, and examine the
evidence presented against him, to ask clarificatory questions
through the fact-finding committee, and to present evidence on
his behalf;
5. The fact-finding committee must consider the pieces of evidence
presented, and receive the proceedings;
6. The student shall be informed in writing of the decision
promulgated in his case; and,

7. If the student is found culpable for the offense charged, the


punishment imposed shall be commensurate with the nature and
gravity of the offense. (CHED D.O. No. 40, S 2008)

What are the procedures for handling child abuse,


exploitation, violence and discrimination cases?
DepEds Child Protection Policy outlines procedures in handling child
abuse, exploitation, violence, and discrimination cases:

1. Expeditious conduct of investigation and reporting of cases


2. School Head or the Schools Division Superintendent shall
forward the complaint within 48 hours to the Disciplining
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Authority, who shall issue an Order for the conduct of a factfinding investigation, not later than 72 hours from submission;
3. If the person complained of is a non-teaching personnel, the
Schools Division Superintendent shall cause the conduct of a
fact-finding investigation within the same period;4. Criminal
and civil liability shall not be a bar to the filing of an
administrative case;
4. The Revised Rules of Procedure of DepED in Administrative
Cases shall apply in all other aspects;
5. The identity or other information that may reasonably identify
the pupil or student shall remain confidential; and
\
6. The identity of a respondent-teacher shall likewise be kept
confidential. (DepEd D.O. No. 88, S-2010),

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Is wearing uniform required inside campus?


All public school students are not required to wear
uniforms inside the campus. However, proper school
attire is required under DepEd Order No. 46, s. 2008.
The following are the prescribed proper school attire in
the latter order: Polo shirt or t-shirt with sleeves and
trousers for males; dresses, skirt and blouse or blouse
and trousers for females. Furthermore, wearing IDs is
mandatory inside campus.
Since private schools are autonomous, they are accorded
with the discretion to issue uniforms or other proper
school attire, as well as wearing IDs.
In the tertiary level state-run universities, uniforms are
not required. However, private sectarian and nonsectarian universities and colleges may issue its students
prescribed uniform or school attire in compliance with
school policies.
TVET schools usually prescribe a proper dress code for
its students in compliance with school policies.

Is there a policy for a haircut rule?


None. While most public and private schools strictly enforce a
prescribed haircut for both male and female students, there is no actual
policy or memo from educational institutions such as DepEd and CHED
legitimizing this haircut rule. Although the rationale for the haircut rule
is for proper discipline and grooming, there are instances in which a
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school personnel subject students to corporal punishments. With that


being said, students rights and welfare are sometimes violated.

Is proper grooming necessary inside campus?


Yes. Since schools are centers for learning and growing, one of the
values it aims to teach students is proper grooming, especially inside
campus. Students are asked to be presentable at the very least when
going to school to show respect, uniformity, and courtesy. In private
schools, these rules and regulations are strictly imposed and there are
instances in which school personnel subject students to corporal
punishments. Through this, students rights and welfare are violated.

What are the rights of a student?


To be respected in his/her rights, and to be reasonably
and fairly treated as a student and as a person consistent
with human dignity;
To form, join, or lead student organizations or
associations that may be recognized or authorized to
operate by the school;
To due process to be formally informed of any
complaints against him/her, to be heard by
himself/herself or counsel, to present evidence for his/her
defense, to confront and cross-examine witnesses, to be
informed of the decision on his/her case, and to appeal
the decision to proper authorities, when appropriate.
To be compensated or helped from grievances against any
wrong or injustice committed against him by any member
of the academic community in accordance with the
defined channels of authority therein.
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In order for student life in school to be enjoyable,


opportunities and exposure that may enhance personal
development and certain benefits and privileges are
provided such as:
- Membership in student organizations such as
drama clubs, technology clubs, etc.
- participation in school publication
- provision of health care
- scholarship
- participation in athletic meets
- field trips
- student insurance
- use of school facilities
- student paid labor participation in special projects
like income-generating projects.

What is freedom of religion?


The Philippine Constitution guarantees the rights of citizens to freedom
of religion and non-discrimination on the basis of sex, religion, creed, or
color. DepEd reinforces its policy of respecting the religious rights of
students (see DepEd Order 32 s. 2013: Reiterating DECS Order No 53 s.
2001 Strengthening the Protection of Religious Rights of Students).
Moreover in the case of private sectarian schools, any teaching and nonteaching school official cannot force any student from other religion to
join in activities that is not in accordance with their religious beliefs.

What is right to student publication?


Student publications should serve as the students medium in expressing
their sentiments and opinions on matters that affect the Filipino public
and their respective academic lives. The free and unhampered flow of
ideas and information in the campus shall encourage the members of the
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community in general to be more analytical and logical in their


appreciation of facts, events and circumstances affecting them, directly
or indirectly.

What is right to student organization?


The State recognizes the existence of student councils/ governments as a
tool of representation of students to other stakeholders such as the school
administration, PTA, nearby communities, among others. As an entity
created to serve as the voice and ears of students, there are no restrictions
on the exercise of students rights other than provisions stated in certain
laws which are necessary in the creation of a democratic society, in the
in the interest of national security or public safety, public order, the
protection of public health or morals and the protection of the rights and
freedoms of others.

Student Records
What are the provisions in withholding student records?
The high education institution (HEI) has the right to
withhold the release of transfer credentials or student
records of a student who has outstanding financial and
property obligations to the HEI or is under the penalty of
suspension or expulsion. When the student settles the dues
or the penalty of suspension is served or lifted, the transfer
credentials or student records shall be released
accordingly.

In the case that the HEI, after thorough investigation, is


found to have unjustifiably refused to release the said
school records or transfer credentials, CHED can intervene
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and order the immediate release of the said records, and


may impose sanctions on the HEI.
.
The release of the transfer credentials or student records
may be withheld for reasons of suspension, expulsion or
non-payment of financial obligations or property
responsibilities of the student to the school. The
credentials shall be released as soon as his/her obligations
have been settled or the penalty of suspension or expulsion
is lifted. However, if, after thorough investigation, the
school is found to have unjustifiably refused to issue
transfer credentials and other student records, TESDA may
issue the same without prejudice to the imposition of
appropriate administrative sanctions against the school
concerned.

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Bullying and Hazing

How is bullying handled in schools?


DepEd requires every school to have a Child Protection (Anti-bullying)
Committee which will handle bullying cases. The committee shall be
composed of the following:
1. School Head/Administrator Chairperson
2. Guidance Counselor/Teacher Vice Chairperson
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3. Teachers Representative as designated by the Faculty Club


4. Parents Representative as designated by the Parents- Teachers
Association
5. Student Representative as designated by the Supreme Student
Council
6. Community Representative as designated by the Punong
Barangay
All bullying cases should be settled in the School and shall not be
brought on Barangay-level. Pursuant to Republic Act No. 10627 or the
Anti-Bullying Act of 2013, the Department of Education has issued the
Implementing Rules and Regulations (13 December 2013).

What is hazing?
Hazing, is defined by RA No. 8049 or the Philippine Anti-Hazing Law,
as initiation rite or practice as a prerequisite for admission into
membership in a fraternity, sorority or organization by placing the
recruit, neophyte or applicant in some embarrassing or humiliating
situations such as forcing him to do menial, silly, foolish and other
similar tasks or activities or otherwise subjecting him to physical or
psychological suffering or injury. Hazing is declared illegal and
intolerable, whether conducted inside or outside campus premises.
Hazing is punishable by the law and may subject suspects to expulsion
from the school.

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Graduation

What are the provisions on Mandatory enrollment in


review center?
The RA 10609 or the Protection of Students Rights to Enroll in Review
Centers Act of 2012 defends students from being forced by the school of
the following cases:
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1. Enrollment in review center which are not the students personal


choice.
2. Enrollment in review center as
graduation/completion of the course.

pre-requisite

for

3. Forced payment of corresponding fees including transportation,


board and lodging, and withholding of student records to enroll in
a review centered imposed by the school.
Schools and school personnel violating this Act can be subjected to 6
months to 6 years in prison and a fine of Php. 750,000. Furthermore, the
personnel shall be suspended from his office and revoked of professional
license. CHED is given the authority to impose sanctions against the
school and its officials.

CONTACT DETAILS

Call: DETxt hotlines (02) 6361663 and (02) 6331942 or


E-mail: action@deped.gov.ph.

Higher Education Development


Building
C.P. Garcia Avenue, UP Campus,
Diliman, Quezon City 1101
Trunklines: (+632) 441-0927
(+632) 441-1257
(+632) 441-1258
(+632) 441-1260
(+632) 441-1261
(+632) 441-1404
CHED Hotine: (632) 4411216

Center

(HEDC)

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Tel. No : (632) 887-7777


Send Text to 0917-4794370 (Globe)
Email: tesdacontactcenter@gmail.com

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Chapter 2
Department Rules and Regulations
Department of Education Policy Guidelines
Overview of DepEd and its Mandate
The Department of Education (DepEd) is the agency that formulates,
implements, and coordinates policies, plans, programs and projects in the
areas of formal and non-formal basic education.
Established through Education Decree of 1863, the Department was
eventually mandated through Republic Act 9155, otherwise known as
the Governance of Basic Education Act of 2001.
The Department supervises all elementary and secondary education
institutions, including alternative learning systems, both public and
private; and provides for the establishment and maintenance of a
complete, adequate, and integrated system of basic education relevant to
the goals of national development.
The pertinent rules and regulations highlighted below are based on 2010
DepEd Manual of Regulations for Private Schools (D.O. No. 88, S2010), and other DepEd Orders, as will be indicated.

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What is the hand of DepEd on private schools?


The Department of Education has the power to regulate private schools.
For private schools to be recognized, they are required to comply with
the minimum requirements set in the 2010 Revised Manual of
Regulations for Private Schools in basic Education. However, schools
may choose to adopt higher standards that must be consistent with laws.

Where do general students' rights come from?

Student rights are established and protected by various sources,


such as the Philippine Constitution, laws, and even international
agreements.

As stated in Sec. 1, Art. XIV of the Philippine Constitution, 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.

This means that the State encourages various learning systems


particularly those that respond to the needs of the community and the
people.

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Who can be accepted to schools?


For Public Schools

For Private Schools

Since the State is mandated to


provide free and compulsory
basic education to its citizens,
public schools admit any Filipino
student regardless of their sex,
creed, socio-economic status, race
or ethnicity, and/or political
affiliation.

Sec. 117 of D.O. No. 88, S2010 states that every student has the
right to enroll in any private school
upon meeting its specific standards
or reasonable regulations as well as
the requirements prescribed by law
or regulation.

However, if due to a limited space


in a public school, the student
shall be referred to other public
schools preferably within the
vicinity of the community or even
to a private school under the
Educational Service Contracting
System. Admission to central
schools and schools identified as
leader schools, science or science
and technology schools shall be
based on established criteria (D.I.
No. 47, s. 1998).
Sec. 6 of RA 6655 also says that
admission may be denied when a
student fails for two consecutive
school years in the majority of the
student's subjects unless such a

Exceptions:
In cases of academic delinquency
and/or
Violation of disciplinary regulations
However, the student must still be
allowed enroll for the entire period
and he is expected to complete his
course without any hindrance to his
right to transfer.
Sec. 119 of the same manual states
that no pupil or student shall be
officially enrolled unless he presents
the proper school credentials on or
before the end of the enrollment
period for the school term. A pupil
or student is deemed officially
enrolled after he has submitted his
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failure is due to some valid cause. appropriate admission or transfer


documents, has made an initial
payment of school fees which has
been accepted by the school, and has
been allowed to attend classes in the
school.

What is the usual procedure for schools to increase


tuition?
For Public Schools

For Private Schools

Tuition rate increase is not


applicable to public schools, basic
and secondary because accessing
education in these institutions is
free. (RA 6655 and RA 9155)

In any proposed tuition rate


increase, there must be appropriate
consultations conducted by the
school administration with the
student government and with the
parents of the students. That no
increase in tuition or other school
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fees or charges will be approved


unless 70% of the proceeds is
allocated for an increase in the
salaries of faculty members and all
other employees of the school.

What are the allowed disciplinary measures?


For Public Schools

For Private Schools

In public schools, both school


officials and teachers have the
right to impose appropriate and
reasonable disciplinary measures
in case of minor offenses or
infractions of good discipline.
However, no cruel or physically
harmful punishment shall be
imposed or applied against any
student.

Under Student Discipline,


the administration of each private
school shall be responsible for the
maintenance of good discipline
among students but PHYSICALLY
HARMFUL PUNISHMENT is
disallowed.
No
disciplinary
sanction shall be imposed on any
student except for valid causes as
defined in school rules and
regulations. All this should follow
The method commonly used proper due process as provided in
to enforce the discipline in the this Manual.
institution has methods like
preventive
suspensions,
Each private school shall
suspensions, and expulsions. It is have the authority to create and
also ensured that in any enforce reasonable rules and
administrative case or grievance regulations, as it may deem
that may be filed within the necessary
to
maintain
an
institution, proper due process atmosphere of good discipline,
would be observed at all times.
which
shall
be
effective
immediately, unless otherwise
25

specified. The school


rules
governing student discipline and its
corresponding sanctions therefore
must be clearly specified and
defined in writing, and made
available to the students, parents,
and guardians.
Teaching personnel
or
school officials have the authority
to
impose
appropriate
and
reasonable disciplinary action in
case of minor offenses that are
committed in their presence. When
the offense committed is serious,
they will submit a report
concerning the violation to the head
of the school.
When
the
offense
committed
is
serious
and
circumstances warrant, the school
head shall cause the filing of the
corresponding action against the
erring student. No disciplinary
sanction shall be applied except for
cause, as defined in school rules
and regulations. Proper due process
shall be observed and the
punishment shall be appropriate to
the nature and gravity of the
offense.

26

What are categories of Administrative Penalties?


For Public Schools

Suspensions that will not


exceed for three days may be
authorized
for
minor
offenses. However, parents
must be notified by the
school of any misconduct for
which the disciplinary action
is necessary. For persistent
offenders and those guilty of
a
serious
offense,
a
suspension of not more than
one year may be imposed,
subject to the approval of the
Division Superintendent.
Suspensions for more than
one year and expulsions can
only be ordered by the
Secretary.
Suspensions or expulsions
however, are sanctioned as to
the
following
offenses
depending
on
their
seriousness:
o
Gross misconduct
o
Cheating
and
stealing
o
Assaulting
a
teacher,
school
authorities, or students
o
Smoking
inside

For Private Schools

Suspension will be given


for those who incur
absences exceeding twenty
percent of the prescribed
class days for the school
year or term.

Preventive Suspension will


be given for the student
under investigation of a
case involving the penalty
of expulsion. The student
shall
be
preventively
suspended from school
premises if the evidence of
guilt is strong and the
school head is morally
convinced
that
the
continued presence of the
student during the period of
investigation creates a
distraction to normal school
operations or poses a risk to
the life of persons and
property in school

Exclusion will be given to


an erring student for being
undesirable, and transfer
credentials
should
be
27

o
o
o
o

o
o
o
o
o
o

school premises
Vandalism
Gambling
Drinking
intoxicants and liquor
Carrying
and
concealing
deadly
weapons
Extortion
Fighting
Use,
possession,
selling of illegal drugs
Hazing
Sexual harassment
Instigating, leading,
or
participating
in
concerted
activities
leading to stoppage of
classes
Preventing,
threatening students or
faculty members
Forging/tampering
with school records.

immediately issued. A
summary of investigation
shall have been conducted
and no prior approval by
DepEd is required in the
issuance of the penalty. The
decision of the school,
together with all pertinent
papers shall be filed in the
school for a period of one
year in order for DepEd to
review the incident in case
of an appeal.

Expulsion is the extreme


penalty that can be given to
an erring student and that it
includes non-admission to
any public or private school
in the Philippines and
requires the prior approval
of the Secretary. The
penalty may be imposed for
offenses that constitute
gross
misconduct,
dishonesty, hazing, carrying
deadly
weapons,
immorality, possession of
illegal substances, drug
pushing, and other related
offenses. The decision of
the school in every case,
together with the supporting
papers shall be forwarded to
the
regional
office
28

concerned within ten days


from the termination of the
investigation of each case.
It should be noted that the student
shall be assisted in the proceedings
by parents or counsel. The decision
of the school officials in
administrative actions
against
students may be appealed to the
Divisions School Superintendents
concerned, who must resolve the
appeal within fifteen days of
receipt.

What are the provided rights of a student?

To be respected in their rights, and be treated reasonably and


fairly as a person consistent with human dignity
To form, join, or lead in student organizations or associations as
may be recognized or authorized to operate by the school.
To be informed of any complaint made against the student, to be
heard with or without legal counsel, to present evidence for
defense, to confront and cross-examine witnesses, to be duly
informed of the decision on the case, and to appeal that decision
To be redressed of grievances against any wrong committed
against the student by any member of the academic community in
accordance with the channels of authority.

29

What is Special Needs Education?

As stated by DepEd, Special Needs Education is part of the major


programs in Basic Education. Persons who are gifted, or have any form
of physical, mental, social, or sensory impairment may need
modification of school programs, services and facilities to help them
learn and develop.

The curriculum for Special Needs Education will be based on the


prescriptions of the Department.

How are religious rights of stakeholders inside the


school protected?
Pursuant to the Constitutional Guarantee on the rights of citizens to
freedom of religion and non-discrimination on the basis of sex, religion,
creed, or color, all schools should strive to ensure that these rights of
students are protected and strengthened. (DECS Order 53, s. 2011)
On Teachers wearing hijab
Teachers handling Arabic Language and Islamic Values Education are
requested to remove the veil that covers their face when teaching in the
classroom. This is to promote better teacher-student relationships and
support language instruction since seeing the teacher's lips helps in the
correct production of letter sounds. This does not prohibit Muslim
teachers from wearing hijab at the schools in general.
On Muslim students Wearing Hijab
Muslim girls will be allowed to wear appropriate clothing during
Physical Education classes in line with their religious beliefs. Moreover,
Muslim students shall not be required to participate in non-Muslim
religious rites.
30

What is bullying?
Bullying refers to any severe, or repeated use by one or more students of
a written, verbal or electronic expression, or a physical act or gesture, or
any combination of thereof m, directed at another student that has the
effect of actually causing or placing the latter in reasonable fear or
physical or emotional harm or damage to his property; creating a hostile
environment at school for the other student; infringing on the rights of
another student at school; or materially and substantially disrupting the
education process or the orderly operation of a school; such as but not
limited to, the following:
1.
any unwanted physical contact between the bully and the victim
like punching, pushing, shoving, kicking, slapping, tickling, headlocks,
inflicting school pranks, teasing, fighting and the use of available objects
as weapons;
2.
any act that causes damage to a victims psyche and or emotional
well-being
3.
any slanderous statement or accusation that causes the victim
undue emotional distress like directing foul language or profanity at the
target, name-calling, tormenting and commenting negatively on victims
looks, clothes and body;
4.
cyber-bullying or any bullying done through the use of
technology or any electronic means; harassment, intimidation, or
humiliation through, but not limited to texting, email, instant messaging,
chatting, internet, social media, online games, etc.
5.
social bullying refers to deliberate, repetitive and aggressive
social behavior intended to hurt others or to belittle another individual or
group.
6.
Gender-based bullying refers to any act that humiliates or
excludes a person on the basis of perceived or actual sexual orientation
and gender identity (SOGI)

31

How is bullying prevented in schools?


Pursuant to Republic Act No. 10627 or the Anti-Bullying Act of 2013,
the Department of Education has issued the Implementing Rules and
Regulations (13 December 2013). The law prohibits bullying in school
and adjacent grounds, school services/bus, and school-sponsored or
related activities. All schools are mandated to adopt policies and
programs to address the existence of bullying in their respective
institutions. The policy shall be included in the schools student and/or
employee handbook and shall be conspicuously posted on the school
walls and website, if there is any.

Who handles the cases of bullying?


The Child Protection Committee, established by DepEd Order No. 40, s.
2012, shall be the committee that will handle bullying cases in schools.
The committee shall be composed of the following:
School Head/Administrator Chairperson
Guidance Counselor/Teacher Vice Chairperson
Teachers Representative as designated by the Faculty Club
Parents Representative as designated by the Parents- Teachers
Association
5.
Student Representative as designated by the Supreme Student
Council
6.
Community Representative as designated by the Punong
Barangay
1.
2.
3.
4.

32

What is their Jurisdiction?


Complaints of bullying shall be within the exclusive jurisdiction of the
School or the Department, and shall not be brought for amicable
settlement before the Barangay.

What happens to a child who bullied?


All schools shall include in the schools child protection or anti-bullying
policy a range of disciplinary administrative actions that may be taken
against the perpetrator of bullying or retaliation. Bullying incident or
retaliation shall be treated according to the nature, gravity or severity and
attendant circumstances. If the bullying incident or retaliation resulted to
serious physical injuries or death, the case shall be dealt with in
accordance with the provisions of Republic Act 9344 or the juvenile
Justice and Welfare Act.

How to redress grievances?


As part of the major services of DepEd Central Office (Legal), it shall
exercise the following functions:

interpret laws and rules affecting the operation of the Department

prepare
action/endorsement
on
complaints,
letters,
communications, etc. assigned to it by law and rules or by the Secretary

review decisions/resolutions on appealed cases to the Department


and prepare decision/resolution thereon

prepare resolution on petition for correction of name/date/place


of birth in school records

33

How to contact DepEd?


For queries or to report violations:
Call: DETxt hotlines (02) 6361663; (02) 6331942 or
E-mail:
action@deped.gov.ph

34

Commission on Higher Education


Overview of CHED and its Mandate
The Commission on Higher Education (CHED) is the agency that
formulates, implements, and coordinates policies, plans, programs and
projects in the areas of formal and non-formal higher education, both
public and private.
Established through Republic Act 7722 of the Higher Education Act of
1994, the creation of CHED is part of the reforms outlined in the
Congressional Commission on Education Report in 1992 which
recommended the tri-focalization of the education sector: CHED for
tertiary and graduate education, DepEd for basic education, TESDA for
technical-vocational and middle level education.
The pertinent rules and regulations highlighted below are based on 2008
CHED Manual of Regulations for Private Higher Education (D.O. No.
40, S-208). While generally in accordance with CHED policies, public
state and local universities and colleges are governed by their respective
charters.

What are the objectives of formal higher education in the


Philippines?
Higher education shall have the following objectives:
1.

To provide a general education program that will assist each


individual to develop his potential as a human being, enhance the
quality of citizen participation in the basic function of society,
and promote in each student a sense of national identity, cultural
consciousness, moral integrity and spiritual vigor.
35

2.

To train the nations human resources in the required skills for


national development, and to instill and foster the appropriate and
relevant attitudes, skills and knowledge to enable each individual
to become a useful, productive, globally competitive, and
gainfully employed member of the society.

3.

To develop and maintain the integrity of the professions and


disciplines that will provide leadership for the nation.

4.

To advance the frontiers of knowledge through research work,


and apply the technology gained for improving the quality of
human life and responding effectively to changing social needs
and conditions.

What are alternative systems and


What are they for?
The Commission recognizes that education and acquisition of higher
learning take place both within and beyond the confines of the
classrooms. The Commission recognizes the need to formally
acknowledge higher learning obtained from informal and non-formal
systems of education. The recognition shall be embodied in an
instrument acceptable by the general public.
The Objectives of the alternative systems in education are:
1.

To make quality higher education accessible to a greater number of


qualified students who are otherwise isolated by geographical
location, personal and work commitments, time constraints, and
conventional course structures;

2.

To establish a mechanism for assessment and accreditation of prior


learning from non-formal and informal education and training, and
from relevant work experiences of individuals toward the granting
of equivalency certificates and awards in higher education; and
36

To establish guideline for the award of higher education


certificates and/or degrees to deserving individuals.

Who can be admitted to higher education institutions?


A student who graduates from the secondary level of education from the
Department of Education shall be eligible for admission to any degree
program. However, a student who has not completed the secondary
level, but has qualified in the Philippine Educational Placement Test
(PEPT) may be eligible for admission.

Can a student from a foreign country continue his/her


tertiary level studies here?
A graduate of a foreign secondary school who may not fully satisfy the
specific requirements of a certain degree program may be admitted,
provided, that any deficiency shall be corrected during his initial school
term.
A student who did not graduate from high school, but completed at least
eleven curriculum years in elementary and secondary education in other
countries may be favorably considered for admission to a degree
program, at the discretion of the admitting institution, provided
however, that those who completed the 12th grade may be given
advance credits at the discretion of the admitting higher education
institution.

37

Can a foreigner study here in the Philippines?


Yes. In addition to the conditions for admission of a foreign student into
any degree program provided by law and the policies and rules of the
Commission, it must be shown that the foreign student has the means
sufficient to support his education or study in the Philippines.

What are the cases when a student may not be


allowed to enroll?
Academic delinquency
Violation of rules and regulations of the institution
Failure to settle due tuition and other school fees, and other obligation
Sickness or disease that would prevent the student to handle the normal
pressures of school work or his continued presence thereat would be
deleterious to other members of the academic community
The closure of a program by the institution, or the closure of the
institution itself

What are the general admission credentials?


For admission in the first year of any degree program, uncancelled report
card (Form 138) or its equivalent from the school last attended with the
eligibility certificate indicated and signed by the authorized school
official. The report card or its equivalent shall be deemed cancelled upon
the enrollment of the student in the degree program, and the admitting
school shall immediately request for the permanent record (Form 137)
from the school last attended.
38

For admission into second year and subsequent years of any degree
program, the prescribed transfer credential, normally a Certificate of
Transfer, from the institution last attended.
When a student is unable to present the required school record or
credential indicated in sub-paragraphs 1 and 2, a certificate issued by the
Chairman of the Commission or his duly authorized representative is
required.
No institution can officially enroll a student who has not presented the
proper admission credentials as required. Any violation of this rule may
subject the institution to possible administrative penalties and sanctions,
which may include revocation of permit or recognition.

Who are special students and what are the provisions


for them?
Special student are those gifted or talented, the fast learners, the mentally
retarded, the visually impaired, the hearing impaired, those with
behavior problems, orthopedically handicapped, those with extraordinary
health problems, the learning disabled, the speech impaired or multihandicapped.
All higher education institutions are encouraged to admit special students
needing special education whether in degree, vocation or technical
courses and other training programs.
Institutions with Teacher Training Programs are enjoined to include
Special Education (SPED) courses at the undergraduate and graduate
levels of the said programs, as well as in other related programs.
Whenever possible, said institutions shall offer scholarship programs to
qualified SPED teachers, in coordination with the Commission and other
government and non-government agencies.
39

Can a school not admit a student because he/she is a


handicap?
No. According to CHED rules, all higher education institutions are
encouraged to give importance to the following modified educational
facilities and equipment, for special students needing special education.
1.
For persons with visual impairment sensory and tactile
materials, Braille books and record materials, Braille writing, painting
and reading machines, orientation and mobility equipment.
2.
For persons with hearing impairment group or individual
hearing aids, speech trainers, tape recorded and speech or language kit
containing auditory and language training materials.
3.
For persons with orthopedic handicaps the requirements
provided for by Batas Pambansa Bilang 344, otherwise known as the
Accessibility Law, shall be complied with, including adjustable desks or
chairs and adopted physical education apparatuses.
4.
For persons with mental retardation facilities, equipment and
instructional materials for developing skills in self-care, socialization,
motor cognitive and pre-vocational and vocational training.
Other types of learners with special needs or those with
behavioral problems including the autism, those with learning disabilities
and those with multiple handicaps instructional devices and equipment
for behavior modification, perceptual motor training, daily living skills,
language and speech and cognitive skills development.

40

Can the academic institutions withhold school


credentials?
The higher education institution, at its discretion may withhold the
release of the transfer credentials of a student who has outstanding
financial or property obligations to the institution, or is under penalty of
suspension or expulsion. The transfer credentials shall be released upon
settlement of obligation, or after the penalty of suspension is served or
expulsion lifted.
The Commission may order the release of school records or transfer
credentials of a student, in case the institution is found, after due
inquiry, to have unjustifiably refused to release the said records without
prejudice to the imposition of appropriate administrative sanctions
against the said institution. (CHED D.O. No. 40, S-20O8)

Is no permit, no exam policy permissible?


No higher education institution shall deny final examinations to a
student who has outstanding financial or property obligations, including
unpaid tuition and other school fees corresponding to the school term.
However, the institution may withhold the final grades or may refuse
re-enrollment of such student. Provided, that, in case of withholding of
final grades, the final grades are duly recorded and submitted to the
Registrar together with the final grades of the rest of the students in the
prescribed form.

41

Can a student make a refund for in case s/he decided


to withdraw / transfer?
Unless otherwise provided by institutional policies, rules and
regulations, a student who transfers or withdraws, in writing, within two
(2) weeks after the beginning of classes, and who has already paid the
pertinent tuition and other school fees in full or for any length longer
than one month, may be charged twenty-five per cent (25%) of the total
amount due for the school term if he withdraws within the first week of
classes, or fifty per cent (50%) if within the second week of classes,
regardless of whether or not he has actually attended classes. The
student may be charged for all the school fees in full if he withdraws
any time after the second week of classes.

How far a school can go in terms of disciplining its


students?
Every higher education institution shall maintain discipline inside its
campus as well as within the immediate surroundings of the school
premises. An institution shall also exercise disciplinary authority over
students outside its campus, and beyond school hours, term or year in
the instances as follows:
1.

Where school policies or regulations were violated; and,

2.
Where the misconduct involves or affects a students
status, or the good name and reputation of the school.
Every private higher education institution shall have the right to
promulgate reasonable norms, rules and regulations it may deem
necessary and consistent with the provisions of this Manual for the
maintenance of school discipline and class attendance. Such rules shall
contain an enumeration of specific offenses and their corresponding
penalties.
42

However, a students liability shall not be confined to the offenses


specifically identified and defined in the schools code or rule of
discipline because several offenses may be so generally worded as to
encompass a number of related wrongdoings. Such rules and regulations
shall be effective as of the date of promulgation and notification to
students in an appropriate school issuance or publication.

Is corporal punishment allowed?


No. A school official or personnel shall have the right to impose
appropriate and reasonable disciplinary measures for minor offenses or
infractions of good discipline committed in their presence, provided, that
no cruel or physically harmful punishment shall be imposed upon any
erring student.

What is the usual process once a student violated rules?


A school official or personnel shall have the right to impose appropriate
and reasonable disciplinary measures for minor offenses or infractions of
good discipline committed in their presence, provided, that no cruel or
physically harmful punishment shall be imposed upon any erring
student.
A higher education institution, through any of its authorized
representatives, may cause the filing of an administrative action against
any student for violation of its disciplinary rules and regulations. Any
administrative action filed against a student must comply with the
minimum standards of due process prescribed herein as follows:
1.
The student must be informed in writing of the nature and
cause of any accusation against him, and required to answer the
43

accusation in writing. If the student is a minor, the parent or the guardian


shall be furnished with a copy of show cause letter;
2.
If the student denies the accusation or alleges some fact or
matter in justification o mitigation of the offense, the institution shall
form a fact-finding committee to hear and receive evidence;
3.
In all stages of the proceedings, the student shall have the
right to assistance of a counsel of his own choice;
4.
The student shall have the right to listen to, and examine
the evidence presented against him, to ask clarificatory questions
through the fact-finding committee, and to present evidence on his
behalf;
5.
The fact-finding committee must consider the pieces of
evidence presented, and receive the proceedings;
6.
The student shall be informed in writing of the decision
promulgated in his case; and,
7.
If the student is found culpable for the offense charged,
the punishment imposed shall be commensurate with the nature and
gravity of the offense.

What are the categories of administrative penalties?


A student under investigation may be preventively suspended from
entering the school premises and from attending classes, when the
evidence of guilt is strong, and the responsible school official is morally
convinced that the continued stay of the student pending investigation
would cause sufficient distraction to the normal operations of the
institution, or would pose real or imminent threat or danger to persons
and property inside the institutions premises.
44

The administrative penalties that may be imposed upon the erring


student, for commission of any serious offence or violation of
institutional disciplinary rules and regulations, are provided and
categorized as follows:
1.
Suspension a penalty that allows the higher education
institution to deprive or deny the erring student from attending classes
for a period not exceeding twenty percent (20%) of the total class days
for the school term. A penalty of suspension for a period more than
twenty percent (20%) of the total class days for the school term shall be
deemed suspension for a period equivalent to twenty percent (20%) of
the prescribed total class days for the school term.
2.
Non-readmission a penalty that allows the institution to deny
admission or enrollment of an erring student for the school term
immediately following the term when the resolution or decision finding
the student guilty of the offense as charged and imposing the penalty of
non-readmission was promulgated. Unlike the penalty of exclusion, the
student is allowed to complete the school term when the resolution for
non-readmission was promulgated. Transfer credentials of the erring
student shall be issued upon promulgation, subject to the other
provisions of this Manual.
3.
Exclusion a penalty that allows the institution to exclude or
drop the name of the erring student from the roll of students immediately
upon resolution for exclusion was promulgated. This penalty may be
imposed for acts or offenses such as dishonesty, hazing, carry deadly
weapons, immorality, selling and/or possession of prohibited drugs, drug
dependency, drunkenness, hooliganism, vandalism and other offenses
analogous to the foregoing. Transfers credentials of the erring student
shall be issued upon promulgation, subject to the other provisions of this
Manual.
The institution shall preserve a complete record of the proceedings for a
period of one year in order to afford the Commission the opportunity to
45

review the case in the event the student makes and files an appeal with
the Commission.
4.
Expulsion a penalty where the institution declares an erring
student disqualified for admission to any public or private higher
education institution in the Philippines. In any case, the penalty of
expulsion cannot be imposed without the approval of the Chairman of
the Commission. This penalty may be imposed for acts or offenses
involving moral turpitude or constituting gross misconduct, which are
considered criminal pursuant to existing penal laws.
The institution shall forward a complete record of the proceedings to the
Regional Office concerned within ten days from the termination of the
investigation of each case.

Can a school force its students to enroll in a particular


review center?
RA No. 10609, (Protection of Students Rights to Enroll in Review
Centers Act of 2012) strictly prohibits forcing students to enroll in
review center which are not of their choice, making enrollment in review
center as a pre-requisite for graduation or completion of the course,
forcing the students to pay corresponding fees including transportation
and board and lodging, and withholding of student records as to compel
students to enroll in a review center imposed by the school.
Schools and school personnel violating this Act can be subjected
to 6 months to 6 years in prison and a fine of P 750,000. Furthermore,
the personnel shall be suspended from his office and revoked of
professional license. CHED is given the authority to impose sanctions
against the school and its officials.

46

Who are the parties involved on student internship and


OJT?
The higher education institution (HEI), Host training establishment,
student, parents, and CHED, specifically CHED-RO.

What are the provisions for a student handbook?


Student handbooks should be made and updated into accessible formats
(such as but not limited to electronic, large, print, media, braille, and sign
language) for dissemination, information, and guidance of students and
university stakeholders. A mechanism to archive and retrieve old
handbooks should be in order for the purposes of improving the same.

What are the types of activities a student can engage to


in school?
In order for student life to be more enjoyable and holistic, programs and
activities aimed at developing and strengthening students leadership
skills and social responsibilities. The following but not limited to are
student activities:
-

Leadership programs

Student Publications

Student Organizations

Sports Development Program


47

Peer Helper Program

What are guidelines for student organizations and


activities?
-

A system of accreditation, re-accreditation, monitoring and


evaluation in recognition with the basic right to organize.

Adequate office space and other institutional support from the


HEI.

Participation in anti-drugs abuse, awareness and drug abuse


prevention initiated by Government and Non-Government
organizations.

What are the roles of the HEI for student


councils/governments?
-

The HEI should recognize the rights of the students to govern


themselves as a student body. They should ensure maximum
participation
and
engagement
through
student
councils/governments.

The HEI should ensure the transparency in the


development/revision for guidelines and procedures for student
councils/governments.

48

What are the roles of the HEI for student discipline?


-

The HEI should have gender and disability sensitive rules and
regulations that is formulated through the participation of
students and faculty and published in a student manual that is
accessible to all students.

The HEI should establish a discipline committee to ensure due


process in dealing with student misconduct.

The HEI should set a timely mechanism to handle and address


student grievances.

What are guidelines for an HEI when it comes to


admission services?
-

The HEI should ensure that requirements and admission are in


place with considerate/reasonable accommodations for people
with disabilities.

The HEI should properly update and inform students of the


guidelines of the HEI.

The HEI should post a list of tuition and other school fees and
educational visits and field trips in conspicuous places. (e.g.
bulletin boards, cafeteria, etc.)

49

What are guidelines when it comes to scholarship and


financial assistance?
-

The HEI should ensure that student scholarships and financial


assistance be in various and accessible formats.

The HEI should institutionalize structures to provide access to


scholarships and financial assistance.

The HEI should institutionalize more compassionate policies and


guidelines, particularly for those students belonging to poor
families.

The HEI should provide access on any financial assistance in


cases when the student cannot pay at a particular moment.

What is multi-faith services? What are the roles of the


HEI for this provision?
Multi-faith services are provision to an environment conducive to free
expression of religious orientation/beliefs in accordance with
institutional principles and policies. The HEI should encourage and
ensure freedom of religion is exercised. Moreover, they should provide
mechanisms for the use of facilities.

50

What are the guidelines for Services for Students with


Special Needs and People with Disabilities?

The HEI should ensure academic accommodations for these


students with proper consultations, together with teachers,
parents/guardians, etc. whenever necessary.

The HEI should provide programs for life skills training e.g.
conflict management and counseling or testing referrals,
whenever necessary.

The HEI should regularly submit the list of students with special
needs and disabilities detailing the intervention programs to the
CHEDROs in order to build up the database HEIs
accommodating these students.

51

Directory of CHED
Regional Offices
I

CHED Regional Office I


Government Center
Sevilla, City of San Fernando, La Union
Telephone Nos. (072) 242-0238
(072) 242-5017 / 700-2569
Telefax (072) 242-2750

II

CHED Regional Office II


Regional Development Center
Carig, Tuguegarao City, Cagayan
Telephone Nos. (078) 844-4872 / 846-3635
Telefax (078) 846-4887

II
I

CHED Regional Office III


Regional Government Center
Maimpis, City of San Fernando, Pampanga
Telephone Nos. (045) 436-1846 / 436-1847
Telefax No. (045) 455-1662

I
V
A

CHED Regional Office IV-A


2nd Floor Higher Education Development Center
(HEDC) Bldg.
Carlos P. Garcia Avenue, UP Campus
Diliman, Quezon City
Telephone No. (02) 332-3943
Telefax No. (02) 332-4734

I
V
B

CHED Regional Office IV-B


2nd Floor Higher Education Development Center
(HEDC) Bldg.
Carlos P. Garcia Avenue, UP Campus
Diliman, Quezon City
Telefax No. (02) 386-4781

52

CHED Regional Office V


CHEDRO Building, EMS Barrio South
Brgy. 2, Legazpi City
Telephone Nos. (052) 481-5096 / 820-4813
Fax No. (052) 481-5095

V
I

CHED Regional Office VI


No. 12 Washington Street, Jaro, Iloilo
Telephone Nos. (033) 508-8852 / 320-6963
Telefax No. (033) 320-6976 / 329-5955

V
II

CHED Regional Office VII


National Government Center
Sudlon, Lahug, Cebu City
Telephone Nos. (032) 414-9195
Telefax No. (032) 414-9194

V
II
I

CHED Regional Office VIII


Corner Real Street and Calanipawan Road
Sagkahan, Tacloban City
Telephone Nos. (053) 523-7437 / 523-7288
Fax No. (053) 523-4034

I
X

CHED Regional Office IX


Polytechnic Compound
Baliwasan Chico, Zamboanga City
Telephone Nos. (062) 991-7648
(062) 991-8974 / 991-7080
Fax No. (062) 991-7649

CHED Regional Office X


Mon James Hayes Street
Brgy. 40, Cagayan de Oro City
Telephone No. (08822) 71-1231
Telefax No. (08822) 72-4180

X
I

CHED Regional Office XI


Loyola Street, Barrio Obrero
University of Southeastern Philippines Compound
Davao City

53

Telephone Nos. (082) 295-3418 local 101


Fax No. (082) 295-3418 local 108
X
II

CHED Regional Office XII


Block 2 Reyes Subdivision
Barangay Morales, Koronadal City
Telephone No. (083) 228-1227
Fax No. (082) 228-1130

N
C
R

CHED National Capital Region


2nd Floor Higher Education Development Center
(HEDC) Bldg.
Carlos P. Garcia Avenue, UP Campus
Diliman, Quezon City
Telephone Nos. (02) 441-0985 / 441-1224 / 441-0879
Telefax No. (02) 441-0453
Email address: chedncr@gmail.com

C
A
R

CHED Cordillera Administrative Region


Benguet State University Compound
La Trinidad, Benguet
Telephone No. (074) 422-2415
Fax No. (074) 422-2418

C
A
R
A
G
A

CHED Caraga
Caraga State University Main Campus
Ampayon, Butuan City
Telephone Nos. (085) 342-7384 / 342-7483
Telefax No. (085) 342-7765

A
R
M
M

CHED Autonomous Region in Muslim Mindanao


2nd Floor DILG 12 Building
ARMM Compound, Cotabato City
Telephone No. (064) 421-9575

54

Technical Education and Skills


Development Authority (TESDA)
POLICY GUIDELINES

Overview of TESDA and its Mandate


Republic Act No. 7796 of August 25, 1994 or the Technical Education
and Skills Development Act of 1994" established the Technical
Education and Skills Development Authority (TESDA) through the
merger of the National Manpower and Youth Council (NMYC) of the
Department of Labor and Employment (DOLE), the Bureau of Technical
and Vocational Education (BTVE) of the Department of Education,
Culture and Sports (DECS), and the Apprenticeship Program of the
Bureau of Local Employment (BLE) of the DOLE.
The Technical Education and Skills Development Authority (TESDA)
creates manpower and skills plans; sets proper skills standards; tests,
coordinates, and monitors manpower policies and programs; and
provides policy directions and guidelines for resource allocation for the
TVET (technical, vocational, educational, training) institutions in both
the private and public sectors. It also manages and supervises technical
education and skills development in the Philippines and ensures the full
participation of industry, labor, technical and vocational institutions,
local governments, and civil society for better manpower development
programs. The rules and procedures shown below can be seen in the
2001 TESDA Manual of Policies and Guidelines.
55

School Calendar
How many days make up an academic year?
The academic year for post-secondary technical education courses
should consist of eighteen (18) weeks to thirty-six (36) weeks a
semester. A regular school session is held for a total of one hundred
(100) to two hundred (200) days each semester not including holidays
and registration days.

Are authorities advised to handle classes in some


cases?
If need be, school heads are required to hold classes on Saturdays instead
of a school day to keep up with the increased number of contact hours as
per RA 7797, provided the Authority is informed in advance.

Can some schools/institutions follow a different


calendar?
Special school calendars may be applied and approved for schools that
have Muslim affiliations.

56

How long is the summer term? What is it for?


The summer term is made up of six (6) weeks and starts twenty four (24)
weeks after the beginning of the second semester. These days may be
used for Supervised Industrial Training (SIT) for the operator and
craftsman levels.

Minimum Hour of Subject


How are subjects credited and what are its equivalents?
Each subject taken for one hour with a total of seventeen hours in a
semester is equivalent to one (1) unit of academic credit. One (1) hour
lecture or recitation each week. Two (2) or three (3) hours of laboratory
work (i.e., drafting, shop or fieldwork) each week is equivalent to one
hour of classroom lecture or recitation work.
For both formal and non-formal TVET programs using the competencybased curriculum, the time for starting and completing courses should
not follow rigid time periods, and shall allow learners to enter and exit
programs at different times and levels and to receive rewards for
modules attained at any point.

Tuition and Fees


How are tuition fees made known to the students?
Tuition and other fees for the current school year should always be
posted on school bulletin boards and displayed in appropriate locations
in the campus.
57

How do tuition fee hikes work?


Increases in tuition fee shall be approved following the provisions of
TESDA Board Resolution No. 98-12 providing for the General
Guidelines on the Regulation of Increases in Tuition Fees in All
Technical-Vocational Programs offered by Private Post-Secondary
TVET Institutions.

Refund of Tuition and Other School Fees


When can I withdraw from enrolment?
A student who transfers or withdraws and has already paid the needed
tuition and other school fees in full or for any length longer than one
month may be charged: 10% of the total amount for the term if he
withdraws within the first week of classes and 20% if within the second
week of classes.

Are there instances that I pay the full amount in case I


withdraw?
In case the student withdraws any time after the second week of the start
of classes, he/she will be charged the full amount of the total fees.
However, if a student withdraws any time after the second week of
classes with a valid reason, he shall be charged the required fees
covering until the last month of attendance.
58

Hazing and other forms of Initiation


What are the penalties for hazing?
Hazing or initiation rites in any form or manner by a fraternity, sorority
or organization that involves physical contact resulting to physical pain
or mental suffering are considered illegal, whether outside or inside the
campus. Violation of this is subject to summary expulsion from the
school, without prejudice to filing of civil and criminal sanctions
following RA No. 8049.

School Uniform
Can TVET schools adopt a dress/uniform?
For all TVET schools or institutions, the choice whether to adopt a
school uniform shall be left to the choice of the school. However,
wearing of standard shop/laboratory or workplace uniforms and safety
garments during actual work and practicum will be a requirement.

Grievance Machinery
What are the procedures for grievance machinery?
Every private and public TVET school/institution shall ensure polite
internal procedures. Private TVET schools or institutions shall adopt
procedural guidelines on the processing of complaint to give the parties
involved their sides in the controversy.
59

For public TVET institutions, the grievance machinery guidelines for a


quick decision and adjustment in a fair manner of employee complaints
will apply.

Admission Requirement for the


Post-Secondary Level
How do I get admitted to the post-secondary level
program?
The basic requirement for admission of a student to any post-secondary
technical-vocational education program or course shall be graduation
from a secondary education level program recognized by the
government. Graduates of secondary schools abroad who may not fully
satisfy the specific requirements of certain post-secondary programs or
courses could also be admitted provided that any deficiency will be
complied during the first term of enrolment. Students under the
Equivalency Program who are classified as first year college eligible
may be favorably considered for admission to a post-secondary TVET
program at the decision of the admitting school and to the rules and
regulations given by the authority.

Rules of Registration
When do enrollments happen?
The enrollment of students in TVET schools/institutions shall be done
during the registration days indicated on the approved calendar and
procedures of the school, and subject to the following rules:
60

When a student registers in a post-secondary TVET school, it is


understood that he is enrolling for the entire term of a program.
A student may enroll anytime within the semester and be admitted in
accordance with the CBTES system, except when it is already less than
or exactly one month before the semester ends.
The transfer of an enrolled student from one school to another during the
school year may be allowed provided the permission of both schools are
obtained. As a general rule, inter-school transfer after the enrolment
period is discouraged, especially in the case of students who are
expected to graduate from a course during the school year, at any of the
levels of TVET programs.

A student can only be considered enrolled when he/she is able to show


the needed school credentials on or before the end of the enrolment
period for the school term.
A student is considered officially enrolled after he has submitted the
needed admission or transfer credentials, has made an initial payment of
his school fees which has been accepted by the school, and has been
allowed to attend classes in the school.
No foreign student should be enrolled without the approval of the
Department of Foreign Affairs and the Bureau of Immigration and
Deportation.
For purposes of enrolment, the name and other personal data or
circumstances of each student as indicated in his birth certificate or alien
certificate of registration, will prevail.

61

Admission Credentials
What are the requirements for admission to a
TVET program/course?
The required transfer credentials for the enrolment of a student for
admission at the beginning of the school year are the following:
Admission into to the first year or Operator level of any TVET
program or course,
The report card (Form 138) or its equivalent from the school last
attended with the eligibility certificate indicated and signed by the school
official, and the admitting school shall immediately request for the
permanent school record (Form 137) from the school last attended.
Admission into the second year or Craftsman level, and in the
later years of the three-year technician course of any TVET program
A Certificate of Transfer, from the TVET school/institution last
attended must be presented to the admitting school.

Can I be admitted even without a high school diploma?


If a student is not a high school graduate but qualified under the
equivalency system and the principle of the recognition of prior learning,
the student may be admitted into the operator level, as an entry level.

Content of Student Record


What are the student records for?
The school records of any transferring student sent by one school to
another will contain the final rating in each subject with the
corresponding credits. For technology subjects, a summary of the
62

competency assessments passed by the student/trainee and requested by


the school or institution.

Request for School Records


How do I request for school records?
After the submission and acceptance of the transfer credentials, the
school to which the student has transferred will request for the complete
school record (FORM 137) or transcript of records of the student/trainee.
He/she should forward such records directly to the school within thirty
days upon request.

Release of Records
What are the ground rules for those students under
disciplinary sanctions?
The school records of a student who is under penalty of suspension or
expulsion will not be released until the duration of the penalty; at the
discretion of the school, in the case of suspension; or upon approval by
the Director General, in the case of expulsion.

63

Transfer of Students and Transfer Credentials


Who are eligible for transfer?
A student enrolled in one school is allowed to transfer to another school,
given he has no more dues and obligations with the school he/she was
enrolled in.

How does the transfer for admission work if I am


qualified to transfer?
A student who is qualified for transfer will be provided the needed
transfer credentials by the school. This will allow him/her to transfer to
the school of choice, under the rules and regulations on transfer
admissions of the school. The transfer credentials will then be signed and
approved by the registrar, issued not later than two weeks filing for
application of transfer. Students must also make sure that his/her records
are complete and in order, in the case of transferee from another school.

Withholding of Credentials
Is it possible to have transfer credentials delayed and
withheld?
The release of the transfer credentials of a student maybe withheld for
reasons of suspension, expulsion or non-payment of financial obligations
or property responsibility of the student to the school.

64

For cases of students suspension, expulsions, or unpaid


dues, when will the credential be released?
The credentials will be released as soon as his/her obligations have been
settled or the penalty of suspension or expulsion is removed.

What if they refuse to issue me transfer credentials?


If, after this, a school is found to have refused to issue transfer
credentials, the party concerned may file and issue proper administrative
sanctions against the school concerned.

Authority to Maintain School Discipline


Is good school discipline a must for all TVET
institutions/schools?
Every TVET school or institution will have to maintain good school
discipline inside the school campus as well as outside the school when
students are engaged in activities allowed by the school.

65

Authority to Declare Disciplinary Rules


Do TVET schools have the choice to impose new
disciplinary rules?
Any school/institution will have the right to declare reasonable rules,
regulations, and norms it considers necessary as consistent with the
guidelines of this manual, to maintain good school discipline and class
attendance. These rules and regulations will be considered effective
during the date of declaration and notification to students in the school,
as well as issuance and publication.

Imposition of Disciplinary Action


What happens when students commit offenses or school
violations?
School officials and personnel have the right to make appropriate and
reasonable measures in case of minor offenses or violations of good
school discipline done in their presence. They should not however do
this punishment through ways that could inflict physical or emotional
pain.

66

Filing of Administrative Action


How does a school head give appropriate sanctions
against a student in case of minor offenses?
During serious cases, the school head will have to start the filing of
administrative actions against the student or trainee. No disciplinary
actions will be done upon the student or trainee except for causes
included in the rules and regulations of the school or this manual.

How bad are the consequences for such offenses?


The punishment depends on the nature and weight of the offense.

Categories of Administrative Penalties


What are the three penalties for violations and
undesirable student behaviour?
The three categories of disciplinary sanctions for serious offenses or
violation of school rules which may be given upon a student or trainee
are: Suspension, Exclusion, and Expulsion.
Suspension involves the school to deny a student or trainee of attendance
in classes/training for a period not more than twenty percent (20%) of
the given class days for the school year.
67

Exclusion is a penalty in which the school is allowed to drop the name of


the student from the school rules for being undesirable, and transfer
credentials quickly issued.
Expulsion is an extreme penalty where a student is denied admission to
any public or private TVET institution in the country. This will require
the approval of the Director General.
These penalties will be charged when a student commits the following
offenses: gross misconduct, dishonesty, hazing, carrying deadly
weapons, immorality, selling and/or possession of prohibited drugs such
as marijuana, drug dependency, drunkenness, hooliganism, vandalism,
and other serious school offenses such as assaulting a student or school
personnel, instigating or leading illegal strikes or similar concerted
activities resulting in the stoppage of classes, preventing or threatening
any student or school personnel from entering the school premises or
from attending classes or discharging their duties, forging or tampering
with school records or school forms, and securing or using forged school
records, forms, and documents.

Subject Load and Sequence


How do students/trainees complete levels in the
curriculum?
Subject loads and the sequence of subjects of students will be following
the approved curriculum for each program. Reasonable exemptions
maybe permitted in individual cases taking into consideration the best
interest of the student and the objectives of the educational system.
68

Excess Load for Graduating Students


Can I get additional subject loads?
Any graduating student in any level of formal TVET programs may, as
approved by the school, be allowed an additional subject load consisting
of not more than six academic units not exceeding the normal load
specified by the school for the given school year/term.

Grading and Promotion System


What are the grading systems adopted?
Technology subjects-will make use of the "Passed or Failed" grading
system. A passing mark is given when the student meets all the
requirements and competent skills as standards of industry and trade
experts. Failing mark is given when the student/trainee falls short of the
minimum skills standard.
Tool subjects -the numerical grading system may still be used, provided
that any temporary grade given at the end of the semester or are still
convertible into another grade, such as Incomplete, or Conditional.
A school may choose to grant a final grade that neither earn credits nor
indicate failure (such as NC for No Credit or NG for No
Grade), in cases where the students failed to take the final examination
in the subject, but his performance was considered good enough to get a
passing grade despite absence from the final examination. Such a grade
is permanent and cannot be changed after.
The CBTESD system calls for a modularized and competency-based
learning in a way that each level has a set of competencies based on
69

occupation/skills standards set by industry. The promotion of a student


to the next higher level will be based on the students capability to show
the competencies he has trained for, not by curriculum year.

Benefits, Privileges, and Rights


How do students achieve personal growth besides
learning in the four corners of the classroom?
To make student life and learning more enjoyable, some opportunities
are provided so that students/trainees can achieve personal
developments and benefits and perks, such as:
membership in student organizations such as drama clubs,
technology clubs, etc.
participation in school publications
health care benefits
scholarships
participation in athletic meets
field trips
student insurance
use of school facilities
student paid labour
participation in special projects like income-generating
projects.

70

Campus Organizations
Is there a place for student rights and organization here?
The State recognizes the presence of student councils/ governments. No
limitations may be placed on the exercise of students rights except those
made to comply with law and those that are needed in a free country for
the promotion of national security or public safety, public order, and
freedom for all. With this, every TVET school or institution will:
-Govern campus organizations by requesting minimum valid
requirements. This actually includes submission of the organizations
constitution or by-laws, list of officers of the organization and a letter or
notification by at least an adviser chosen by the organization.
-Recognize the existence of organized campus associations, and will do
needed supervision, under regulations that do not affect their academic,
technical education programs, and other activities with genuine youth
participation
Recognize and ensure the democratic and autonomous existence of
student councils/governments.

School Papers and Publications


What are student publications for?
Student publications will serve as the student's medium to express their
opinions and sentiments on matters that affect them. This free flow of
ideas and information will involve the community members and let them
make sound decisions for their life and their community where they live.
This is also for them to gain knowledge, appreciate facts, events, and
recent developments that are of concern to them. This school paper will
get its funds from student contributions in the amount that would be
enough yet reasonable based on enrolment and the cost of printing. This
will serve as a trust fund.
71

Graduation Honors
What are the grounds for graduating with honors in
TVET schools/institutions?
TVET schools may choose to follow their own criteria for choosing
students that will be awarded with honors in a program or course. These
criteria should be made known to the students. If a private school fails to
adopt a set of criteria, the following rules and guidelines will apply to
clear any issues regarding graduation honors both in private and public
TVET schools:
He/she should take at least two thirds (66.7%) of the requirements in the
curriculum.
Complete and master the cluster of competencies required
for the particular level of the program or course study within the
standard curriculum years, and;
Have no failing mark in any subject.
Career Placement and Industrial Coordination

What happens when the trainees/students


graduate?
Every TVET school or institution will be encouraged to establish and
maintain a job placement and industrial coordination office to improve
the skills development programs of the school and to ensure the
employment of its graduates.
Who is in charge of career job placements and developments and what
is it for?
72

It is that the office will be handled by a full time coordinator


responsible for networking job information and making these
information available to graduates.
The job placement and industrial coordination office will have the
following functions:
- Keep and maintain updated information regarding job openings for both
domestic and international demands.
- Network with the Department of Labor and Employment and other
agencies for possible linkages or supply of skilled workers here and
abroad.
- Keep and maintain updated personal information and employment record
of its graduates.
To perform all other functions that will ensure the employment of
graduates.

Need to contact TESDA?


Telephone Number: (632) 887-7777
Mobile Number:
0917-4794370
Email address: tesdacontactcenter@gmail.com

73

Chapter 3
Salient Points of Other Pertinent Laws

The Campus Journalism Act of 1991


It is the declared policy of the State to uphold and protect the freedom of
the press even at the campus level and to promote the development and
growth of campus journalism as a means of strengthening ethical values,
encouraging critical and creative thinking, and developing moral
character and personal discipline of the Filipino youth. In furtherance of
this policy, the State shall undertake various programs and projects
aimed at improving the journalistic skills of students concerned and
promoting responsible and free journalism.

Can the school administration interfere with the student


publication?
Publication A student publication is published by the student body
through an editorial board and publication staff composed of students
selected by fair and competitive examinations.
Once the publication is established, its editorial board shall freely
determine its editorial policies and manage the publications funds.

74

Can the school administration withhold the release of


funds of the student publication?
Funding of the school publication may include savings from respective
schools appropriation, student subscriptions, donations, and other
sources of funds.
In no instance shall the school administration withhold the release of
funds intended for the student publication. Subscription fees collected
by the school administration shall be released automatically to the
student publication concerned.

The Higher Education Modernization Act of 1997


It is the declared policy of the State to establish, maintain, and support a
complete, adequate and integrated system of education relevant to the
needs of the people and society. Towards this end, the composition of
the governing boards of the chartered state universities and colleges is
hereby modified in order to:
a. achieve a more coordinated and integrated system of higher
education
b. render them more effective in the formulation and
implementation of policies on higher education
c. provide for more relevant direction in governance; and
d. ensure enjoyment of academic freedom as guaranteed by the
Constitution.

75

Who compose the Governing Board of HEIs? How are


they appointed
The Board of Regents (for universities) and the Board of Trustees (for
Colleges) shall be the governing body of HEI, composed of:
1. Chairman of the Commission on Higher Education (CHED),
Chairman
2. President of the University or College, Vice Chairman
3. Chairmen of the Congressional Committees on Education and
Culture
4. Regional Director of National Economic Development Authority
(NEDA) where the main campus is located
5. Regional Director of Department of Science and Technology
(DOST) in case of science and technological colleges; Regional
Director of the Department of Agriculture for agricultural
colleges, or the Secretary of Education for an Autonomous
Region. The commanding generals of Philippine Air Force and
the Philippine Navy shall sit as members of the Board of the
Philippine State College of Aeronautics and the Philippine
Merchant Marine Academy, respectively
6. President of the faculty association
7. President of the supreme student council, or the student
representative elected by the student council
8. President of the alumni association
9. Two prominent citizens who have distinguished themselves in
their professions or fields of specialization chosen from a list of 5
76

persons, as recommended by the search committee constituted by


the President.

What are Powers and duties of the Governing Board?


1. to absorb non-chartered tertiary institutions within their
respective provinces in coordination with CHED and DBM
2. to establish research and extension centers
3. to establish chairs in the university or college and to provide
fellowships for qualified faculty members and scholarships to
deserving students
4. to delegate any of its powers and duties to the president and/or
other officials of the university or college
5. to authorize an external management audit of the institution
6. to collaborate with other governing boards of SUCs
7. to enter into join ventures with business and industry for the
profitable development and management of economic assets of
the college or institutions, proceeds from which to be used for the
development and strengthening of the college or university
8. to develop consortia and other forms of linkages with different
stakeholders
9. to develop academic arrangements for institution capability
building with appropriate institutions
10. to set up the adoption of modern and innovative modes of
transmitting knowledge such as the use of information
technology, etc.

77

11. to establish policy guidelines and procedures for participative


decision-making and transparency within the institution
12. to privatize, where most advantageous to the institution,
management of non-academic services such as health, food,
building or grounds or property maintenance and similar other
objectives; and
13. to extend the term of the president of the college or university
beyond the age of retirement but not later that the age of 70

Guarantee of Academic Freedom


Pursuant to paragraph 2, sec. 5 of Article XIV of the Philippine
Constitution, all institutions of higher learning, public or private, shall
enjoy academic freedom and institutional autonomy (Sec. 11).

No discrimination in admission to schools!


No student shall be denied admission to any university or college by
reasons of sex, nationality, religion, political affiliation, or physical
disability (Section 12)

The Anti Hazing Law (RA 8049)


Hazing, as defined in this act, is an initiation rite or practice as a
prerequisite for admission into membership in a fraternity, sorority or
organization by placing the recruit, neophyte or applicant in some
embarrassing or humiliating situations such as forcing him to do menial,
silly, foolish and other similar tasks or activities or otherwise subjecting
him to physical or psychological suffering or injury.

78

No hazing or initiation rites in any form or manner by a fraternity,


sorority or organization shall be allowed without prior written notice to
the school authorities or head of organization seven (7) days before the
conduct of such initiation. The written notice shall indicate the period of
the initiation activities which shall not exceed three (3) days, shall
include the names of those to be subjected to such activities, and shall
further contain an undertaking that no physical violence be employed by
anybody during such initiation rites.
The head of the school or organization or their representatives must
assign at least two (2) representatives of the school or organization, as
the case may be, to be present during the initiation. It is the duty of such
representative to see to it that no physical harm of any kind shall be
inflicted
upon
a
recruit,
neophyte
or
applicant.

Penalties
Officers and members the fraternity, sorority or organization who
actually participated in the infliction of physical harm shall be liable, and
suffer:
1. reclusion perpetual (life imprisonment), if hazing led to death,
rape, sodomy or mutilation
2. 17 -20 years imprisonment, if hazing cause victim to become
insane, imbecile, impotent or blind to imprisonment of 4-6 years,
if victim sustained physical injuries

The Magna Carta of Women (RA 9710)


The State recognized the role of women in nation building and ensures
the substantive equality of women and men. It shall promote
empowerment of women and pursue equal opportunities for women and
men and ensure equal access to resources and development results and
79

outcome. Further, the State realizes that equality of men and women
entails the abolition of the unequal structures and practices that
perpetuate discrimination and inequality. The State condemns
discrimination against women in all its forms and pursues by all
appropriate means and without delay the policy of eliminating
discrimination against women.

What constitute discrimination against women?


"Discrimination Against Women" refers to any gender-based distinction,
exclusion, or restriction which has the effect or purpose of impairing or
nullifying the recognition, enjoyment, or exercise by women,
irrespective of their marital status, on a basis of equality of men and
women, of human rights and fundamental freedoms in the political,
economic, social, cultural, civil, or any other field.
It includes any act or omission, including by law; policy, administrative
measure, or practice, that directly or indirectly excludes or restricts
women in the recognition and promotion of their rights and their access
to and enjoyment of opportunities, benefits, or privileges.
A measure or practice of general application is discrimination against
women if it fails to provide for mechanisms to offset or address sex or
gender-based disadvantages or limitations of women, as a result of which
women are denied or restricted in the recognition and protection of their
rights and in their access to and enjoyment of opportunities, benefits, or
privileges; or women, more than men, are shown to have suffered the
greater adverse effects of those measures or practices.

What constitute violence against women?


"Violence Against Women" refers to any act of gender-based violence
that results in, or is likely to result in, physical, sexual, or psychological
harm or suffering to women, including threats of such acts, coercion, or
80

arbitrary deprivation of liberty, whether occurring in public or in private


life. It shall be understood to encompass, but not limited to, the
following:
1. Physical, sexual, psychological, and economic violence occurring
in the family, including battering, sexual abuse of female children
in the household, dowry-related violence, marital rape, and other
traditional practices harmful to women, non-spousal violence,
and violence related to exploitation;
2. Physical, sexual, and psychological violence occurring within the
general community, including rape, sexual abuse, sexual
harassment, and intimidation at work, in educational institutions
and elsewhere, trafficking in women, and prostitution; and
3. Physical, sexual, and psychological violence perpetrated or
condoned by the State, wherever it occurs.

Provisions against discrimination of women in education,


scholarships and trainings
Equal Access and Elimination of Discrimination in Education,
Scholarships, and Training.
1. The State shall ensure that gender stereotypes and images in
educational materials and curricula are adequately and
appropriately revised. Gender-sensitive language shall be used at
all times. Capacity-building on gender and development (GAD),
peace and human rights, education for teachers, and all those
involved in the education sector shall be pursued toward this end.
Partnerships between and among players of the education sector,
including the private sector, churches, and faith groups shall be
encouraged.
2. Enrollment of women in nontraditional skills training in
vocational and tertiary levels shall be encouraged.
3. Expulsion and non-readmission of women faculty due to
pregnancy - outside of marriage shall be outlawed. No school
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shall turn out or refuse admission to a female student solely on


the account of her having contracted pregnancy outside of
marriage during her term in school.

Provisions for the Protection of Girl-children


Protection of Girl-Children.
1. The State shall pursue measures to eliminate all forms of
discrimination against girl-children in education, health and
nutrition, and skills development.
2. Girl-children shall be protected from all forms of abuse and
exploitation.
3. Equal access of Moro and indigenous girl-children in the
Madaris, schools of living culture and traditions, and the regular
schools shall be ensured.
4. Gender-sensitive curriculum, including legal literacy, books, and
curriculum in the Madaris and schools of living culture and
traditions shall be developed.
Sensitivity of regular schools to particular Moro and indigenous
practices, such as fasting in the month of Ramadan, choice of
clothing (including the wearing of hijab), and availability of
halal food shall be ensured.

Penalties for violations of the Magna Carta of Women


The Commission on Human Rights shall serve as the Gender and
Development Ombudsman. CHR shall establish guidelines and
mechanisms, among others, that will facilitate access of women to legal
remedies under this Act and related laws, and enhance the protection and
promotion of the rights of women, especially the marginalized women.
The CHR shall assist in the filing of cases against individuals, agencies
and institutions, or establishments that violate the provisions of this Act.
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CHR shall recommend penalties and sanctions for erring government


institutions to the Civil Service Commission or the Department of
Interior and local Government. The person directly responsible for the
violation as well as the head of the agency or local chief executive shall
be held liable under this Act. If the violation is committed by a private
entity or individual, the person directly responsible for the violation shall
be liable to pay damages.
Filing a complaint under this Act shall not preclude the offended
party from pursuing other remedies available under the law and to
invoke any of the provisions of existing laws especially those recently
enacted laws protecting women and children.

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CHAPTER 4
STUDENTS RIGHTS AND WELFARE
(STRAW) BILL

What are the rights that STRAW Bill guarantees?


1.
2.

3.
4.
5.
6.
7.

8.
9.

Right against discrimination in educational institutions


Right to competent instruction and relevant quality education
Rights in academic procedure and academic freedom
Right to organize and right to establish a student council
Right to representation and participation in policy-making bodies
and processes
Right to information
Right to freedom of expression and to publish a school
newspaper
Right to due process
Right to privacy

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What is the STRAW Bill against?


The STRAW Bill seeks to protect the students from unjust and
inappropriate measures imposed in the campus to uphold dignity of the
individual, the right to education, and to ensure the security of the
students and the academic community. The STRAW Bill is against the
following:
Against discrimination on the basis of sex, gender, socio
economic status, political and religious beliefs, ethnicity, or
disability.
Against denial of access to adequate welfare services and

academic facilities.
Against illegal searches and seizures.

Against militarization of the school campus.

Against tuition and/or school fee increase without due

consultation.

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____________________________________________________________________
National Anti-Poverty Commission Youth and Students Sector
National Anti-Poverty Commission Head Office
LWUA Complex, Training Center Building, Balara, Quezon City, Philippines
napcyouthamb@gmail.com / (02) 426-5028
www.antipovertyyouth.wordpress.com / www.napc.gov.ph

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