POLICY AND LEGAL UPDATES: ISSUES AND … ISSUES AND CONCERNS AFFECTING PRIVATE ... NO PERMIT” POLICY FOR ... DepEd Fact Sheet as of Sept 2010

POLICY AND LEGAL POLICY AND LEGAL POLICY AND LEGAL POLICY AND LEGAL

UPDATES: ISSUES UPDATES: ISSUES UPDATES: ISSUES UPDATES: ISSUES

AND CONCERNS AND CONCERNS AND CONCERNS AND CONCERNS

AFFECTING PRIVATE AFFECTING PRIVATE AFFECTING PRIVATE AFFECTING PRIVATE

EDUCATIONEDUCATIONEDUCATIONEDUCATION

CEAP DAVAO LEGAL UPDATES 092211 1

EDUCATIONEDUCATIONEDUCATIONEDUCATION

CONCURRENT SESSIONCONCURRENT SESSIONCONCURRENT SESSIONCONCURRENT SESSION

22 SEPT 201122 SEPT 201122 SEPT 201122 SEPT 2011

ATTY. ADA D. ABADATTY. ADA D. ABADLegal Counsel, CEAPLegal Counsel, CEAP

Former ViceFormer Vice--Dean, Lyceum College of Law; Dean, Lyceum College of Law;

Managing AssociateManaging Associate

Antonio Antonio H. Abad & Associates Law OfficeH. Abad & Associates Law Office

SCOPE OF OUR TALK TODAY:

• HOUSE BILL NO. 4791, AN ACT

PENALIZING THE IMPOSITION OF “NO

EXAM, NO PERMIT” POLICY FOR

MIDTERM AND FINAL EXAMINATIONS

• CHED CMO-13-A ON MISCELLANEOUS

AND OTHER SCHOOL FEES

• EXPANDED GOVERNMENT ASSISTANCE

TO STUDENTS AND TEACHERS IN

PRIVATE EDUCATION2CEAP DAVAO LEGAL UPDATES 092211

• CMO NO. 2 S. 2011 ON REVISED

GUIDELINES FOR FORMULATION OF

CHED POLICIES IN ACADEMIC

PROGRAMS

3CEAP DAVAO LEGAL UPDATES 092211

• INDEFINITE SUSPENSION OF THE

STUDENT INTERNSHIP ABROAD

PROGRAM UNDER CM0 NO. 22 S 2010

•ACADEMIC FREEDOM OF

TEACHERS VS. THE SCHOOL

ON CONTENTIOUS OR

CONTROVERSIAL ISSUES


CONTROVERSIAL ISSUES

• PROBATIONARY FACULTY

WITH TERM CONTRACTS

•SPECIAL RULES FOR SCHOOL

PERSONNEL IN LABOR STANDARDS

� HOLIDAY AND SPECIAL DAY PAY

� OVERLOAD IN COMPUTATION OF 13TH

MONTH PAY AND RETIREMENT PAY

� PROCEDURE FOR TERMINATION OF


EMPLOYMENT

� APPRAISAL/CHARGE SHEET

� FIVE DAYS WITHIN WHICH TO EXPLAIN

� LACK OF ADMINISTRATIVE HEARING

IS NOT LACK OF DUE PROCESS

� NOTICE OF TERMINATION


PARENS PATRIAE (e.g., father/

Parent or guardian of his country)

The State is obliged to ensure that its

citizens enjoy their basic fundamental

rights as human beings, including the including the

right to educationright to education.. HenceHence::

“Everyone“Everyone hashas thethe rightright toto educationeducation..


“Everyone“Everyone hashas thethe rightright toto educationeducation..

EducationEducation shallshall bebe free,free, atat leastleast withwith thethe

elementaryelementary andand thatthat xxxxxx technicaltechnical andand

professionalprofessional educationeducation shallshall bebe mademade

generallygenerally accessibleaccessible toto allall onon thethe basisbasis ofof

meritmerit..””

Sec. 26, UN Universal Declaration of Human Rights.

• who may teach

• what may be taught


• how it shall be taught;

• and who may be admitted to

study. (Garcia vs. The Faculty Admission Committee, Loyola

School of Theology, 68 SCRA 277, citing Justice Frankfurter's concurring

opinion in Sweezy v. New Hampshire, 354 US 234, 263 [1957]).

(1) the appointment and tenure of office of

academic staff; and

(2) the curricula for courses of study;


(2) the curricula for courses of study;

(3) the admission, examination and

retention of students until graduation;

(4)the allocation of income among the

different categories of expenditure.

WHO MAY BE WHO MAY BE

ADMITTED TOADMITTED TO

THE STUDY THE STUDY


THE STUDY THE STUDY

(and graduate)?(and graduate)?

1. RIGHT TO

ADMISSION

DISCRETIONARY

UPON PRIVATE

SCHOOLS such that

an admission is a


an admission is a

mere privilege –

rather than a right– on the part of the

student.” (Isabelo vs. Perpetual

Help College and DECS, 227 SCRA 591,

citing Garcia vs. Loyola School of Theology;

Tangonan vs. Pano; Ateneo de Manila vs.

Capulong).

2008 Manual of Regulations for

Private Higher Education (MORPHE):

Sec. 83. Right to Enroll until Graduation. –

In recognition of the Consitutional

guarantee of institutional academic

freedom, admission to any higher


freedom, admission to any higher

education institution is open to all

students not otherwise disqualified by

law, or rules of the Commission or the

higher educational institution.


GENERAL RULE:

A student who qualifies for

enrollment shall qualify to stay for for

the entire period for which he is the entire period for which he is


expected to complete his program expected to complete his program

of study in the institutionof study in the institution, without

prejudice to his right to transfer to

institutions within the prescribed

period.”

EXCEPTIONS:

• academic delinquency,

• violation of rules and regulations of the

institution,

• failure to settle due tuition and other

school fees and other obligations;


school fees and other obligations; • sickness or disease that will prevent the

student to handle the normal pressures of

school work or his continued presence

thereat would be deletrious to the members

of the academic community;

• the closure of a program by the institution,

or of the institution itself,


Home > Nation > Top

Stories 08/04/2011 | 04:53 PM

House OKs bill vs ‘no

permit, no exam’

school policy

The House of Representatives


The House of Representatives

has unanimously approved

House Bill 4791 on Wednesday banning the “no

permit, no exam" policy and

penalizing school officials who

will refuse to administer exams

to students with unsettled

financial obligations.

Kabataan party-list Rep.

Raymond Palatino, one of

the primary authors of the bill,

said the passage of the

measure serves as a warning

to vocational schools,

colleges and universities that


colleges and universities that

implement the “humiliating"

policy.

“This is good news and it sends a message to

schools to desist implementing the ‘no permit, no

exam’ policy," he said in a statement Thursday

SECTION 7. Unlawful Acts. –

(a) Disallowing students with due and unpaid tuition and

other school fees from taking the midterm or

final examination;

(b) Requiring the students to secure a permit to take the midterm or final examination from the school

authorities prior to the administration of midterm or


authorities prior to the administration of midterm or

periodic or final examination; and

(c) Compelling the students to pay upon enrollment a down

payment or first installment equivalent to

more than thirty percent (30%) of the total

amount of the tuition and other school fees for the entire semester or duration of the course.

SECTION 8. Penalties. – Any HEI or

tech-voc institute official or employee,

including the deans, coordinators,

advisers, professors, instructors and other concerned individuals found guilty

of violating any of the unlawful acts


of violating any of the unlawful acts

enumerated in Section 7 of this Act shall

be punished by a fine of not less than

Twenty Thousand Pesos (P20,000.00)

but not more than Fifty Thousand

Pesos (P50,000.00).

SECTION 6. Right of Schools. SECTION 6. Right of Schools.

(a) To withhold the release of the grades of a

student with delinquent account until the unpaid tuition

and other school fees plus interest charges are fully paid;

(b) To deny admission or enrollment of any student

having unsettled tuition or other school fees at the

next succeeding semester classes, in the case of


next succeeding semester classes, in the case of

higher education, or at the next succeeding short-term

course, in the case of post-secondary tech-voc

education, as the case may be, until the previous

delinquencies are fully paid; and

(c) To refuse issuance of school clearance to students with financial obligations to the school until all

previous delinquencies are fully paid.

House Bill No. 4791 is

UNCONSTITUTIONAL

•• IT IS UNREASONABLEIT IS UNREASONABLE. The


Constitution provides that the

State shall exercise

REASONABLEREASONABLE supervision and

regulation over all educational

institutions


UNCONSTITUTIONAL

•• IT VIOLATES PRINCIPLE IT VIOLATES PRINCIPLE


ON EQUAL PROTECTION ON EQUAL PROTECTION

OF LAWOF LAW. The State is

supposed to protect and balance

the interests of both the

students AND THE SCHOOLS.


UNCONSTITUTIONAL

•• ITIT IMPAIRS OBLIGATION IMPAIRS OBLIGATION


OF CONTRACTSOF CONTRACTS. It

encourages the students to

default on their contractual

obligation to pay tuition

fees


• It is a CONSENTUAL contract giving rise

to RECIPROCAL obligations

vs


To provide quality education

To abide by academic

requirements and

behavioral rules of school

To provide safe and

secure environment

conducive to learning

To pay tuition and fees

INSTALLMENT PAYMENT

SCHEME

GENERAL RULE:

WHEN A STUDENT FAILS TO PAY TUITION

AND OTHER CHARGES, OR ANY


AND OTHER CHARGES, OR ANY

INSTALLMENT, THE SCHOOL MAY VALIDLY

DROP HIM/HER FROM THE ROLLS. THE

SCHOOL IS NOT UNDER OBLIGATION TO

TEACH HIM

MAIN SOURCE MAIN SOURCE

OF INCOME OF INCOME

FOR PRIVATE FOR PRIVATE

SCHOOLS ARE SCHOOLS ARE


SCHOOLS ARE SCHOOLS ARE

ITS TUITION ITS TUITION

FEES. FEES.

Tuition fees pay for the salaries,

wages and benefits of its

faculty and non-faculty

personnel, as well as for the

overhead costs such as

utilities, maintenance costs,

and other expenses necessary

for the operations of the


for the operations of the

school.

In this connection, Schools

have to ensure payment of its

tuition fees in order that it may

be able to sustain its daily

operations

APPROVING THE BILL

IN ITS PRESENT

FORM WILL BE

CATASTROPHIC TO

THE VERY EXISTENCE

OF PRIVATE SCHOOLS.


OF PRIVATE SCHOOLS.

IT WILL SIGNAL THE

DEATH KNELL OF

PRIVATE EDUCATION IN

THIS COUNTRY.


Sec.99 of the 2008 Manual of Regulations for Sec.99 of the 2008 Manual of Regulations for

Private Higher Education (MORPHE).Private Higher Education (MORPHE). Denial of

Final Examinations; withholding of grades, and

refusal to re-enroll. -- 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 However, the


corresponding to the school term. However, the However, the

institution may withhold the final grades or may institution may withhold the final grades or may

refuse rerefuse re--enrollment of such studentenrollment of such student.. PROVIDED PROVIDED

THATTHAT, in case of withholding of final grades, the final

grades are duly recorded and submitted together with

the final grades of the rest of the students in

prescribed form.

Par. 119, Manual of Information for Private

Schools, 6th ed 1960 – “This Office

disapproves the practice of excluding from

the final examinations students who have

been permitted to remain in school up to


been permitted to remain in school up to

the last month of the school year or term

without having settled their financial

obligations. When a student fails to meet

his financial obligations, the school should

drop him from the rolls.

But when he is allowed to remain in

school until the end of the term, he

should not be deprived of the

examinations. The school may,

however, withhold from the student his

final grades in such examinations until

he has completely settled his tuition


he has completely settled his tuition

and other accounts with the school;

provided that the grades of such a

student are duly recorded and

submitted with the rest of the students

on the prescribed forms.

SCHOOLS HAVE ALREADY

CREATED MECHANISMS TO

BALANCE THE INTERESTS OF THE

STUDENTS AND PARENTS


STUDENTS AND PARENTS

(THROUGH INSTALLMENT

PAYMENT SCHEME), AND THE

NEED OF SCHOOL TO SUSTAIN

THE OPERATIONS.

THIS NEW BILL ONLY THIS NEW BILL ONLY

SHATTERS THAT TENUOUS SHATTERS THAT TENUOUS

AND FRAGILE BALANCEAND FRAGILE BALANCE



A SUMMARY OF THE LAW ON

TUITION AND MISCELLANEOUS

FEES INCREASES


Notes of Atty. Ada D. Abad

The right to education is

constitutionally mandated

in Article XIV, which

states:

“The State shall

protect and promote

CONSTITUTIONAL BASIS


protect and promote

the right of all citizens

to education at all

levels, and shall take

appropriate steps to

make such education

accessible to all.”

“TheThe StateState shallshall establish,establish, maintainmaintain andand supportsupport aacomplete,complete, adequateadequate andand integratedintegrated systemsystem ofofeducationeducation relevantrelevant toto thethe needsneeds ofof thethe peoplepeople andandsocietysociety..


ItIt shallshall alsoalso establishestablish

andand maintainmaintain aa systemsystem

ofof freefree publicpublic

educationeducation inin thethe

elementaryelementary andand highhigh

schoolschool levelslevels.. WithoutWithout

limitinglimiting thethe naturalnatural


limitinglimiting thethe naturalnatural

rightright ofof parentsparents toto rearrear

theirtheir children,children,

elementaryelementary educationeducation

isis compulsorycompulsory forfor allall

childrenchildren ofof schoolschool

ageage..””

Quality education at Quality education at

what cost?what cost?


As of AY 2009-2010,

there are 44,846

schools in basic


schools in basic

education and

10,384 schools in

secondary

education

Total enrollment:

• 13.9 Million for all basic

education institutions,


education institutions,

and

• 6.8 Million for all

secondary education.

Basic Ed Total Public Private

Schools 44,846 37,607 7.084

Enrollment 13,934,172 12,799,950 1,134,222

High


High

School Total Public Private

Schools 10,384 5,677 4,707

Enrollment 6,806,079 5,465,623 1,304,456

SOURCE: DepEd Fact Sheet as of Sept 2010

Tertiary Total Public Private

Schools 2,180 925 1,573

Enrollment 2,770,965 1.083,194 1,687,771

Private


Private

Sector Total Non-Sect Sectarian

Schools 1,573 324 1,249

Enrollment 6,806,079 5,465,623 1,304,456

SOURCE: CHED Statistical Data 2009-2010http://202.57.63.198/chedwww/index.php/eng/Information/Statistics

The government can barely

provide for all the needs of basic

education, and more so, for

tertiary education.


As of AY 2000,

SUCs received

2.63% of the

national budget

allocated to

education, even if


education, even if

they comprise

only 20.59% (271)

as against 79.40%

(1,045) private

tertiary schools

However, like any other product or

service, quality education does not

come cheap since it is affected by

market forces.

As the former CHED Commissioner


As the former CHED Commissioner

Manuel Punzalan observed: “Quality

education does not come cheap. If you

want quality, you must pay good

money for it.” (UE-ORC Paper on Quality Education and

Tuition Fees: The Dilemma of Private Schools, citing Phil. Daily

Inquirer, 31 May 2001.)

• While parents

recognize that quality

education is essential to

Interest of the Students and

Parents


education is essential to

their children’s future

because it promises a

better life for their

children --- they

however DEMAND FOR:

• lower tuition fees or a

moratorium on increase on

tuition and other school

charges/fees.

Interest of the Students and

Parents


charges/fees.

• education must be high in

standards, consistent with

the national goals, and most

importantly, at reasonable

and affordable prices. (Cebu Inst.

Of Technology vs. Ople, 172 SCRA 567 [1987]

Interest of the Private School

• financial viability

and sustainability

• academic


• academic

competitiveness

• technological

advances in

education


WHAT ARE THE USUAL OVERHEAD

EXPENSES OF THE SCHOOL?

• Salaries

• Fringe Benefits

•Transportation and Travelling

•Representation and

Entertainment

•Professional Fee

•Janitorial and Security Services

•Provision for Income Tax

• Publications

•Faculty/Support Staff development


•Repairs and Maintenance

•Office Stationeries, Supl. &

Printing

•Postage, telephone and

Telegram

•Administrative Development

•Retirement Expenses

•Faculty/Support Staff development

expenses

• Utilities: water, electricity

• Insurance

• Taxes and Licenses

• Employers’ contribution SSS

Medicare

• discounts/scholarships

• financial uplift of

the schoolteachers

and other personnel

Interests of the Faculty and Interests of the Faculty and

NonNon--Faculty membersFaculty members


and other personnel

to keep up with

increasing cost of

living

• professional and

personal growth

In 1960, a

professor

was earning

P4.00/hour

while the


while the

salary of a

lawyer was

P240.00 a

month.


In 2010, a beginning teacher without a

Master’s degree gets from P16,000.00 to

P20,000.00 a month teaching 24 units a week.

A family driver without 4 years of college gets

P10,000.00 to as high as P16,000.00 a month.

The State recognizes that on

one arm of the balance hang

the economic survival of

State Reaction: Balancing of Interests


the economic survival of

private schools and the private

school system, undeniably

performing a complementary

role in the State efforts to

maintain an adequate

educational system in the

country.

In view of the inability

of the State to

provide sufficient and

substantial financial

assistance to private

schools, the


schools, the

Government

encourages schools

to generate their own

income.

The State has tried to promulgate and

WHAT MEASURES HAVE BEEN

UNDERTAKEN BY THE STATE TO

BALANCE THE CONFLICTING

INTERESTS?


The State has tried to promulgate and

implement laws relating to tuition fee increases,

providing that:

(a)schools may increase their tuition fees,

subject to the regulatory powers of the State;

and

b) increases in tuition fees may be

approved provided that 70% of the

incremental proceeds thereof be allotted

for increases in the wages, salaries,


for increases in the wages, salaries,

allowances and other benefits of the

school personnel.

Tuition Fees

This is monetary sum an educational

institution charges the students for


institution charges the students for

instruction, which does not include

institutional fees for other services such as

registration, student activities, health care, or

room and board. This is basic source of

income of private schools.

This term refers to charges for other services

and use of school facilities needed to

complement class instruction such as the

Miscellaneous or Other School Fees


complement class instruction such as the

laboratory, library, medical and dental clinics,

etc.

These fees are collected for particular

purposes, and may now form part of

institutional funds (B.P. 232, Sec. 44).

Dictionary definition: “to seek

Consultation


Dictionary definition: “to seek

information or advice; to take

into account, consider

(feelings, interests)”. [Oxford

Complete Wordfinder]

Under DECS issuances, it has been defined to mean:

“a conference conducted by the school

administration with duly-organized

parents-teachers associations and

faculty associations with respect to

elementary and secondary schools,


elementary and secondary schools, and

with the student governments or councils, alumni

and faculty associations with respect to tertiary

schools as provided in Section 10 of Rep. Act No.

6728.

IN THE ABSENCE OF A

STUDENT COUNCIL OR

GOVERNMENT, RECOGNIZED

STUDENT ORGS AND

SOCIETIES MUST SELECT NOT


SOCIETIES MUST SELECT NOT

MORE THAN TEN (10)

REPRESENTATIVES WHO

SHALL PARTICIPATE IN THE

CONSULTATION

The consultation process

involves at least two (2) weeks

notice to all the parties

abovementioned, prior to the


abovementioned, prior to the

meeting which shall be held to

discuss views, positions,

reactions to the proposed tuition

fee increases.


It is mandated that every sincere

effort should be exerted to allow

all sectors to express themselves

freely in order to arrive at an


freely in order to arrive at an

acceptable compromise.

However, consultation does not

necessarily mean agreement.

• Previously, DepED Order No. 88 series

2010 simply stated that the “70%

CLARIFICATION REGARDING CLARIFICATION REGARDING

INCREMENTAL PROCEEDS FROM INCREMENTAL PROCEEDS FROM

TUITION FEE INCREASESTUITION FEE INCREASES

2010 simply stated that the “70%

incremental proceeds from tuition fee

increases are to be allocated for

payment of salaries and wages of

teaching and non-teaching personnel.


We pointed out that this was in

contravention of the present long-

standing practice and jurisprudence.


Hence, NEW AMENDMENT under

Department Order No. 11 series of

2011:

“70% tuition fee increase

shall be allocated for

payment of salaries, wages,

allowances and other

benefits” for faculty and non-

faculty staff of the School.




Faculty and non-faculty

employees, including

administrators


BUT NOT THE SCHOOL OWNERS

AND/OR STOCKHOLDERS OF

THE STOCK/PROFIT SCHOOL

(2) Assistance under paragraph (1),

subparagraphs (a) and (b) shall be granted and

tuition fees under subparagraph (c) may be

increased, on the condition that seventy percent

(70%) of the amount subsidized allotted for tuition

fee or of the tuition fee increases shall go to the

payment of salaries, wages, allowances and other

benefits of teaching and non-teaching personnel


benefits of teaching and non-teaching personnel

except administrators who are principal

stockholders of the school, and may be used to

cover increases as provided for in the collective

bargaining agreements existing or in force at the

time when this Act is approved and made effective.

(Rep. Act No. 6728, Sec. 5 [2])

WHAT MAY BE CHARGED OFF TO THE

70% INCREMENTAL PROCEEDS FROM

TUITION FEE INCREASES.

Not less than (seventy)

percent of the incremental


percent of the incremental

tuition proceeds shall be

used for salaries or

wages, allowances and

fringe benefits of faculty

and support staff,

It may include:• COST OF LIVING ALLOWANCE

• IMPUTED COSTS OF CONTRIBUTED

SERVICES,

• THIRTEENTH (13TH) MONTH PAY,

• RETIREMENT FUND CONTRIBUTIONS,

• SOCIAL SECURITY, MEDICARE,


• SOCIAL SECURITY, MEDICARE,

• UNPAID SCHOOL PERSONNEL CLAIMS,

AND SUCH OTHER BENEFITS OR

PAYMENTS as may be prescribed by as may be prescribed by

mandated wage orders, collective mandated wage orders, collective

bargaining agreements and voluntary bargaining agreements and voluntary

employer practices ...employer practices ... (B.P. 232, Sec. 42; Emphasis supplied)

INCREMENTAL PROCEEDS FROM

TUITION FEE INCREASES

PD 451 BP 232 RA 6728

As to % 60% 60% 70%

What can be

charged

Salaries and

wages only

Salaries, wages,

benefits and

emoluments

Salaries, wages,

benefits and

emoluments

Authority to DECS Private schools subj Private schools subj


Authority to

regulate

DECS Private schools subj

to MECS issuances

Private schools subj

to DECS issuances

Who may avail Faculty and non-faculty employees, including administrators

(not owners)

Basis for

computing

The actual amount collected from the imposition of tuition fee

increases

Prescriptive

period to file claim

Three (3) years from accrual of the cause of action

YES. “Each private school shall determine

its rate of tuition and other school fees or

WHETHER OR NOT SECRETARY OF WHETHER OR NOT SECRETARY OF

EDUCATION AND CHED HAS AUTHORITY EDUCATION AND CHED HAS AUTHORITY

TO SET MAXIMUM PERMISSIBLE TUITION TO SET MAXIMUM PERMISSIBLE TUITION

FEE LEVELS?FEE LEVELS?


its rate of tuition and other school fees or

charges. The rates and charges adopted by

schools pursuant to this provision shall be

collectible, and their application or use

authorized, subject to rules and regulations

promulgated by the Ministry of Education,

Culture and Sports.

Legal authority of respondent

DECS Secretary to set maximummaximum

permissiblepermissible ratesrates oror levelslevels ofof

tuitiontuition andand otherother schoolschool fees,fees, andand

toto issueissue guidelinesguidelines forfor thethe


toto issueissue guidelinesguidelines forfor thethe

impositionimposition andand collectioncollection thereofthereof,

like DECS Order No. 30, must be

sustained.” (Lina vs. Carino, 221 SCRA 525

[1993])

WHETHER THE CONSULTATION

REQUIREMENT APPLIES ONLY TO

TUITION FEES AND NOT OTHER

SCHOOL FEES?


UNDER PRESENT LAW AND

SUPREME COURT DECISION,

CONSULTATION REQUIRED

ONLY FOR TUITION FEES.

“b. Tuition fee increases within the prescribed

rates above shall not require consultation and

DECS approval, provided that a notice of

increase is submitted to the DECS regional

office not later than ________. Schools may

increase up to a maximum rate of ___% for


increase up to a maximum rate of ___% for

programs below Level II accreditation and up

to a maximum of ___% for programs with

Level II and Level III accreditation based on

approved tuition fee rates in school year

_________, subject to consultation.

d. Other Fees. Schools in all levels

may increase the rates of other fees by not

more than 10%. Consultation and DECS

approval shall not be required provided that


a notice of increase is submitted to the

DECS regional office not later than April 30,

1991. (Lina vs. Carino [1993], ibid., citing

DECS Order No. 30, 1991)”



Leading schools are

imposing charges in

the guise of

miscellaneous fees,

Partylist bucks ‘hidden fees’ of schools by Rey Salita


miscellaneous fees,

said Kabataan

partylist Rep.

Raymond Palatino


“There are colleges and universities that display

banners saying no tuition fee increase. That’s

true... there are increases in miscellaneous fees

that they can forego tuition fee increases,” he

said.

Palatino said St. Scholastica’s College

charged students for thesis proposal,

thesis editing and resumé printing while

Collegio de San Juan de Letran collected

Pistang Pinoy fee.

According to him, University of Nueva


According to him, University of Nueva

Caceles in Naga City’s band fee is

paralleled by a memorabilia fee at

Polytechnic University of the Philippines

alongside a communication fee in Central

Luzon State University

The PACU and CEAP said miscellaneous

charges made possible a more

conducive learning environment.

“Without the necessary increases,

higher education schools would not be


higher education schools would not be

able to afford and maintain additional

services and other school facilities with

the rising cost of basic utilities,

petroleum and energy,” the group said in

a statement.

SALIENT FEATURES OF

ORIGINAL CHED

PROPOSED GUIDELINES


PROPOSED GUIDELINES

AS OF JULY 2011

Registration

Medical/dental

Athletics/Sports

Student Handbook

Student publication

Student

BASIC/CORE OTHER

SCHOOL FEES.


Athletics/Sports

Guidance and

counseling

ID

Library

Laboratory (general

education)

Student

organizations

Insurance

Affiliation fee

Community

extension

Research/thesis

Student

development

INCIDENTAL OTHER SCHOOL

FEES .


extension

Cultural fee

Drug test

Graduation fees

Program Laboratory

Retreat and

recollection

development

Transcript and

diploma fee

Energy fee

Internet Fee

The On-the-Job or Practicum

Fee shall be treated as a

program fee so that this shall


program fee so that this shall

be included in the tuition fee

charges.

ARTICLE V

GUIDELINES ON ALLOWABLE

INCREASES IN OTHER FEES

Section 5. Any increases in other

school fees in all levels to be made by


school fees in all levels to be made by

Higher Education Institutions (HEIs)

shall be subject to consultation with

stakeholders and approval of the

Commission on Higher Education.

Section 6. Any allowable new or existing

other school fees shall be reasonable,

acceptable and in accordance with the

specific circumstances of the school and the

situation in the community in the particular

region. Moreover, the imposition and

collection of such fees shall strictly follow the


collection of such fees shall strictly follow the

guidelines and processes herein stipulated.

Section 7. No increase in incidental fees shall

be allowed unless a genuine process of

consultation pursuant to this Order has been

conducted and all the guidelines complied

with.

Section 8. The following shall serve be

considered, among others, in the imposition of

other school fees and in the determination of

allowable increases in such school fees:

• Regional Inflation Rate( RIR) as may be

determined by NEDA;


determined by NEDA;

• Prevailing economic conditions as shown by

various economic indicators such as the

consumer price index, incidence of poverty;

• Financial standing of the HEI;

• Financial capacity of the general studentry;

• Impact of force majeure or calamities;

• Quality track record of the school.

CHED DRAFT CMO FORCHED DRAFT CMO FOR

CONSULTATION OF CONSULTATION OF MISCELLANEOUS FEESMISCELLANEOUS FEESMISCELLANEOUS FEESMISCELLANEOUS FEES


During the CHED

06 July tri-partite

hearing, the CEAP

was able to hit its

two objectives in two objectives in

the matter of

consultation of

miscellaneous

fees99CEAP DAVAO LEGAL UPDATES 092211

1. Project the HIGH MORAL GROUND

• adherence to the principles of

transparency and advocacy,

• not averse to the CHED Draft

Memorandum calling for consultation of Memorandum calling for consultation of

miscellaneous fees,

• fiduciary nature of said miscellaneous

fees, viz., it cannot be used for purposes

other than that collected.


2. COLLABORATIVE spirit of CEAP

with its partner school associations

(PACU APSCU) when the joint

actions do NOT traverse the

principles of CEAP

• Did not vigorously oppose the PACU

draft

• Agreed to new middle ground

proposal to AMEND EXISTING CMO-

13


NEW PROPOSAL:

CMO-13-A

1. ALL MISCELLANEOUS FEES SHOULD BE

MADE SUBJECT TO CONSULTATION.

2. NO ENUMERATION AS TO CORE AND 2. NO ENUMERATION AS TO CORE AND

INCIDENTAL FEES

3. EXISTING CMO-13 ON CONSULTATION FOR

TUITION FEE INCREASES TO BE AMENDED

TO INCLUDE “MISCELLANEOUS FEES”


4. INCORPORATE THE GRIEVANCE

MECHANISM TO ADDRESS AND

EXPEDIENTLY RESOLVE

COMPLAINTS WHERE HEIs HAVE COMPLAINTS WHERE HEIs HAVE

IMPOSED DUBIOUS,

UNCONSCIONABLE AND/OR

UNREASONABLE

MISCELLANEOUS FEES


5. ENSURE MECHANISMS FOR

GENUINE CONSULTATION

6. STRENGTHEN CHED’S 6. STRENGTHEN CHED’S

DISCIPLINARY POWER TO IMPOSE

PENALTIES UPON HEIs FOUND NOT

COMPLYING WITH THE CMOS.


Section 6.2.5, CMOSection 6.2.5, CMO--1313--A.A.

“As per Section 44 of BP 232, “the proceeds

from tuition fees and other school

charges, as well as other income of schools,

shall be treated as institutional fundsinstitutional funds.


shall be treated as institutional fundsinstitutional funds. Schools may pool their institutional funds, in

whole or in part, under joint management for

the purpose of generating additional financial

resources.”

Expanded Government

Assistance to Students

and Teachers in Private


and Teachers in Private

Education (EGASTPE)


SALIENT POINTS OF EGASTPE:Source: World Bank study on ESC

• Education Service Contracting (ESC) Program

Provides a fixed tuition subsidy to graduates of

elementary schools who opt to enroll in participating

private high schools

Program Features


Program Features

Beneficiaries: Graduates of elementary schools

Opt to enroll in participating private high school

Grantees pay school fees & expenses in excess of

tuition subsidy

Accepted by participating private high school

A school committee processes applications &

screens grant applicants

A. COMMENT ON ESC PARAMETERS:

1. An overcrowded public school

2. A certified private school nearby with slack

capacity

3. A public school student willing to accept

partial subsidy. Grant is only P5,000 but


partial subsidy. Grant is only P5,000 but

average tuition in ESC schools is P10,600

REMARKS:

ESC grant is not a scholarship because merit is not

required.

Financial need provides priority but is not required for

ESC eligibility . Indeed applicants and grantees are

probably not-poor, but no socio-economic data available.

Current data shows that 79% of first year ESC grantees

come from public elementary and 21% come from

private elementary, in accordance with 60-40% public-

private school requirement.

Proposal to make suitable criteria in the

selection of grantees. It should not look at where

the student graduated from and instead , should look at


the student graduated from and instead , should look at

the merits that qualify the student as deserving of the

grant.

Admittedly, we are not sure that the 21% from

private elementary are those that are really

deserving of the grant. But are we sure that the

79% from public elementary deserve the grant?

B. COMMENT ON LOGISTICS

PARAMETER: only graduates from public

elementary schools are automatically eligible for

the ESC grant.

HENCE:


HENCE:

If you are a private elementary graduate, the only chance

for you to become an ESC grantee is if you registered in a

public school and at the same time declared as an eligible

grantee of the program by the public high school principal.

This makes it more circuitous and uncertain for deserving

private elementary graduates to participate in the program


Further, in the situation of many schools in a rural

setting, these public high schools are located far

from each other.

A private student who does not qualify as an AISLE

STUDENT will be forced register and study in a far-

flung public high school, even though there is a

nearby private high school

C. AS TO AMOUNT OF SUBSIDY:

The amount of subsidy for non-NCR

schools is Php 5,500, and for NCR

schools Php 10,000.


The average tuition and other school fees

in non-NCR schools is approximately Php

13,000, and NCR schools Php 25,000. The

average grant differential is at Php 7,500

and Php 15,000 respectively.

COMMENT:

Will there be enough takers from public

elementary graduates, knowing that they

still need to pay a big difference?


And if there are takers from the public

elementary, will they fit the parameter

“poor and deserving” considering that

they are still required to pay a

substantial amount?

Veto Message of Pres. Aquino.Veto Message of Pres. Aquino.

“Consistent with the core mandate of the ESC System

to decongest public secondary schools through

scholarship grants in private institutions, I hereby

direct the implementation of the ESC System under

Deped-OSEC, Special Provision No. 16, ‘Government


Deped-OSEC, Special Provision No. 16, ‘Government

Assistance to Students and Teachers in Private

Education’:, page 65 to be made exclusively to

graduates of public elementary schools and those

coming from congested public secondary schools.

Otherwise the intended purpose of the ESC will not be

achieved and our public secondary schools will

remain congestedU.”

In our considered view, the GASTPE and the EGASTPE

laws were not enacted primarily for the benefit of

decongesting secondary public schools. These were

not enacted for public schools. The public schools

have their budgetary allocations in public money.

The laws were enacted for private students and

teachers. After all, that is the meaning of


teachers. After all, that is the meaning of

GASTPE – the Government Assistance to

Students and Teachers in Private Education.

There is no statement prescribing that the beneficiaries

of the GASTPE provisions be graduates of public

elementary schools nor be first enrolled in congested

public secondary schools.


We ask President Aquino to suspend his

veto. Allow us, together as partners, to

work out a policy consensus for the

implementation of EGASTPE.

We propose to DepEd that the same set of

guidelines as used in the past in selecting ESC

grantees be maintained for this year while

additional study be done for next school year.

The study should focus on among others, the

criteria for the selection of grantees, raising

the subsidy to match the current per capita


the subsidy to match the current per capita

cost in public schools, implementing the

Textbook Subsidy as provided by EGASTPE

and raising the Teacher Salary Subsidy.

It is our prayer that these urgent calls will

resonate in the hearts of our nation’s leaders.

WHO MAY WHO MAY

TEACHTEACH


TEACHTEACH

RIGHT TO DECIDE WHO MAY BE HIRED

IS A MANAGEMENT PREROGATIVE,

SUBJECT TO THE REQUIREMENTS OF:

1. MANUAL OF REGULATIONS FOR


1. MANUAL OF REGULATIONS FOR

PRIVATE SCHOOLS

2. LABOR CODE

3. SPECIAL LAWS: REPUBLIC ACT NOS.

7836 AND 8981

PROBLEM:

PROBATIONARY

EMPLOYMENT


EMPLOYMENT

FOR TEACHERS

WITH A

SPECIFIC TERM

USUAL POLICY AND

INDUSTRY PRACTICE:

• PROBATIONARY PERIOD OF THREE

YEARSYEARS

• TEACHERS ON PROBATIONARY

PERIOD GIVEN YEAR-TO-YEAR OR

SEMESTER-TO-SEMESTER

CONTRACTS

• EXPIRATION OF CONTRACT EVERY

YEAR OR SEMESTER122CEAP DAVAO LEGAL UPDATES 092211

PREVIOUS PRACTICE WHICH PREVIOUS PRACTICE WHICH

WAS RECOGNIZED BY SUPREME WAS RECOGNIZED BY SUPREME

COURT:COURT:

• THE TERM CONTRACTS OF THE

PROBATIONARY FACULTY MEMBER PROBATIONARY FACULTY MEMBER

EXPIRES BY ITS OWN TERMS

• NOTICE IS NOT REQUIRED TO BE

GIVEN THE FACULTY MEMBER ON

PROBATION WHEN THE COLLEGE

DECIDES NOT TO RE-HIRE HIM/HER123CEAP DAVAO LEGAL UPDATES 092211

HENCE, THERE WERE PREVIOUS

SUPREME COURT DECISIONS TO WIT:

• SECURITY OF TENURE OF

PROBATIONARY FACULY IS LIMITED TO

THE PERIOD OF PROBATION (WOODBRIDGE THE PERIOD OF PROBATION (WOODBRIDGE

SCHOOL VS. PE BENITO, 570 SCRA 164 (2008)

• COMPLETION OF PROBATIONARY

PERIOD DOES NOT AUTOMATICALLY

QUALIFY A TEACHER TO BECOME A

PERMANENT EMPLOYEE (LACUESTA VS. ATENEO

DE MANILA UNIVERSITY, 477 SCRA 217 [2005]).124CEAP DAVAO LEGAL UPDATES 092211

HOWEVER: NEW CASE OF

YOLANDA MERCADO VS. AMA COMPUTER COLLEGE –

PARANAQUE.


WHAT IS STILL RECOGNIZED AS

VALID EXISTING EDUCATIONAL

INDUSTRY PRACTICE:

• PROBATIONARY FACULTY EMPLOYEES CAN

STILL BE HIRED AND GIVEN TERM

CONTRACTS (SEMESTER-TO-SEMESTER, CONTRACTS (SEMESTER-TO-SEMESTER,

YEARLY OR TRIMESTRAL)

• SAME QUALIFICATIONS TO BECOME

REGULAR PERMANENT FACULTY: “HIRED

FULL-TIME CONTINUOUSLY FOR THREE

YEARS, OR SIX SEMESTERS, OR NINE

TRIMESTERS OF SATISFACTORY SERVICE” 126CEAP DAVAO LEGAL UPDATES 092211

WHAT THE SUPREME COURT

MODIFIED:

• SCHOOL CANNOT SIMPLY INFORM

PROBATIONARY FACULTY EMPLOYEES

THAT THEY WILL NOT BE RENEWED.THAT THEY WILL NOT BE RENEWED.

• THE PROBATIONARY NATURE OF

CONTRACT SHALL BE GIVEN PRIMARY

CONSIDERATION, RATHER THAN THE

TERM 127CEAP DAVAO LEGAL UPDATES 092211

HENCE IN A SITUATION

WHERE COLLEGE HAS

DECIDED NOT TO RENEW A

PROBATIONARY EMPLOYEE


PROBATIONARY EMPLOYEE

WITH A TERM CONTRACT.

WHAT MUST BE DONE, AND

WHEN MUST IT BE DONE?


1. PROBATIONARY FACULTY MUST

BE INFORMED OF THE FACT THAT:

• HE/SHE FAILED TO QUALIFY FOR

PERMANENT STATUS

• GIVE REASON, E.G., POOR


• GIVE REASON, E.G., POOR

PERFORMANCE EVALUATION AND

DISCUSS THE SAME

• EMPLOYEE MAY BE GIVEN COPY

OF THE EVALUATION

2. TELL THE PROBATIONARY

EMPLOYEE THAT HE/SHE WILL NO

LONGER BE RENEWED FOR SAID

REASONS.


3. THEN GIVE PROBATIONARY

EMPLOYEE THE FORMAL LETTER

INFORMING HIM/HER OF THE NON-

RENEWAL WITH STATED REASONS


WITHIN A REASONABLE

TIME PRIOR TO THE

EXPIRATION OF THE

CURRENT PROBATIONARY


CURRENT PROBATIONARY

EMPLOYMENT CONTRACT,

VIZ., ONE MONTH.

WHAT MAY BEWHAT MAY BE


TAUGHT?TAUGHT?

Institutions of higher learning have


Institutions of higher learning have

the right to determine the curricular

program for the different courses of

study in conformity with their

objectives or mission statements.

Despite curricular autonomy however,

academic institutions may however

exercise self-censorship by:

POSSIBLE CONFLICTS ON THE POSSIBLE CONFLICTS ON THE

ISSUE OF “WHAT TO TEACH”ISSUE OF “WHAT TO TEACH”


exercise self-censorship by:

(a) refusing to offer subjects which are

contradictory to its vision-mission-

goals;

(b) exercising supervisory powers by

restricting teachers from discussing

matters contradictory to vision-

mission-goals;

(c) imposing disciplinary sanctions


(c) imposing disciplinary sanctions

upon teachers who espouse

controversial positions on matters

outside the ambit of his/her subject

GENERAL RULE:

ACADEMIC FREEDOM TO

DETERMINE THE

CURRICULUM

PROVIDED:


PROVIDED:

MINIMUM REQUIREMENTS OF

DepED OR CHED COMPLIED

WITH

CHED CMO NO. 2, SERIES OF

2011 AMENDING CHED SPECIAL

ORDER NO. 42 S 2003

REVISED GUIDELINES IN THE REVISED GUIDELINES IN THE


REVISED GUIDELINES IN THE REVISED GUIDELINES IN THE

FORMULATION OF CHED FORMULATION OF CHED

POLICIES, STANDARDS AND POLICIES, STANDARDS AND

GUIDELINES OF THE ACADEMIC GUIDELINES OF THE ACADEMIC

PROGRAMS, PROGRAMS,







CM0 NO. 22 S 2010

INDEFINITE

SUSPENSION OF THE


SUSPENSION OF THE

STUDENT INTERNSHIP

ABROAD PROGRAM

• CHED MEMORANDUM ORDERS NO. 24 S

2009 AND CMO NO. 22, S. 2010

• INTENTION OF SIAP IS TO ADDRESS • INTENTION OF SIAP IS TO ADDRESS

GLOBALIZATION COMPONENT OF

EDUCATION: (A) ACKNOWLEDGES PRACTICE

AND LEARNING OPPORTUNITIES OF

STUDENTS TRAINING ABROAD; AND (B)

IMPLEMENT GUIDELINES TO ENSURE

SAFETY AND WELL BEING OF STUDENTS

TRAINING ABROAD UCORD SINGAPORE OJT 147

IN THE EXERCISE OF

ACADEMIC FREEDOM, THE

UNIVERSITY INCORPORATED

THE PRACTICUM OR

INTERNSHIP PROGRAM IN THE

CURRICULUM FOR HOTEL AND

RESTAURANT MANAGEMENT

COURSE

UCORD SINGAPORE OJT 148

LOCAL AND

FOREIGN

PLACEMENT

AGENCIES


SINGAPOREAN

HOST

TRAININGESTABLISHMENT

THE INSTITUTION,

BOARD OF TRUSTEES

AND OFFICERS

LOCAL

PLACEMENT

AGENCY

FOREIGN

PLACEMENT

AGENCY

HRM - SIAP


Documents

POLICY AND LEGAL UPDATES: ISSUES AND … ISSUES AND CONCERNS AFFECTING PRIVATE ... NO PERMIT” POLICY FOR ... DepEd Fact Sheet as of Sept 2010