Republic Act No. 10931


Seventeenth Congress
First Regular Session

Begun and held in Metro Manila, on Monday, the twenty-fifth day of July, two thousand sixteen.

REPUBLIC ACT No. 10931

AN ACT PROMOTING UNIVERSAL ACCESS TO QUALITY TERTIARY EDUCATION BY PROVIDING FOR FREE TUITION AND OTHER SCHOOL FEES IN STATE UNIVERSITIES AND COLLEGES, LOCAL UNIVERSITIES AND COLLEGES AND STATE-RUN TECHNICAL-VOCATIONAL INSTITUTIONS, ESTABLISHING THE TERTIARY EDUCATION SUBSIDY AND STUDENT LOAN PROGRAM, STRENGTHENING THE UNIFIED STUDENT FINANCIAL ASSISTANCE SYSTEM FOR TERTIARY EDUCATION, AND APPROPRIATING FUND THEREFOR

Be it enacted by the Senate House of Representatives of Philippines in Congress assembled:

Section 1. Short Title. – This Act shall be often called the “Universal Access to Quality Tertiary Education Act”.

Section 2. Declaration of Policy. – It is hereby declared that high quality training is an inalienable proper of all Filipinos and it’s the coverage of the State to guard and promote the rights of all students to high quality training in any respect ranges. Therefore, the State shall take applicable steps to make such training accessible to all.

Likewise, the State hereby acknowledges the complementary roles of public and personal larger training establishments and technical-vocational establishments within the academic system and the invaluable contribution that the personal tertiary faculties have made and can make to training. For these intents, the State shall:

(a) Provide sufficient funding and such different mechanisms to extend the participation fee amongst all socioeconomic courses in tertiary training;

(b) Provide all Filipinos with equal alternative to high quality tertiary training in each the personal and public academic establishments;

(c) Give precedence to students who’re academically in a position and who come from poor households;

(d) Ensure the optimized utilization of presidency assets in training;

(e) Provide sufficient steerage and incentives in channeling younger Filipinos of their profession decisions and in the direction of the correct growth and utilization of human assets; and

(f) Recognize the complementary roles of private and non-private establishments in tertiary academic system.

Section 3. Definition of Terms. – As used on this Act:

(a) Cost of Tertiary Education refers to (1) tuition and different college charges, (2) academic bills and (3) the price of residing allowance;

(b) Graduate programs refers to larger teaching programs resulting in a certificates, diploma, grasp’s or doctorate levels, as could also be approved and acknowledged by the Commission on Higher Education (CHED);

(c) Higher training refers back to the stage of formal training, or its equal, requiring completion of secondary training and protecting packages of examine resulting in bachelor and superior levels, together with affiliate levels;

(d) Higher Education Institution (HEI) refers to an training establishment approved and acknowledged by the CHED to supply bachelor’s diploma or graduate programs;

(e) Local universities and faculties (LUCs) refers to CHED-accredited public HEIs established by native authorities models (LGUs) by way of an enabling ordinance, financially supported by the LGU involved, and criticism with the insurance policies, requirements and pointers of the CHED;

(f) National Household Targeting System for Poverty Reduction (NHTS-PR) or Listahanan 2.0 refers back to the data administration of the Department of Social Welfare and Development (DSWD) that identifies who and the place the poor are within the nation. The system makes out there to nationwide authorities businesses and different social safety stakeholders a database of poor households as reference in figuring out potential beneficiaries of social safety packages;

(g) Other education-related bills refers to bills associated to the training of a student resembling books, college provides, uniforms, replica of supplies, digital units obligatory for training and different charges resembling for sensible educating units student publication, yearbook, insurance and student belief funds:

(h) Other college charges refers to charges fees by HEIs and technical-vocational establishments which cowl different obligatory prices supportive of directions, particularly the next: library charges, laptop charges, laboratory charges, college ID charges , athletic charges, admission charges, growth charges, steerage charges, handbook charges, entrance charges, registration charges, medical and dental charges, cultural charges and different related or associated charges;

(i) Private larger training establishment refers to HEI not not owned and managed by the federal government or its instrumentalities;

(j) Private technical-vocational establishment refers to post-secondary technical-vocational establishment run by the personal sector providing packages registered with the Technical Education and Skills Development Authority (TESDA);

(ok) Qualified student refers to any student who possesses all of the {qualifications} below Section 4 and 5 and not one of the disqualifications below Section 6 hereof;

(l) State-run technical-vocational establishments refers to technical-vocational establishments operated by the TESDA or LGUs: Provided, That within the latter case, the identical needs to be accredited by the TESDA;

(m) State universities and faculties (SUCs) refers to public HEIs established by nationwide authorities and are ruled by their respective unbiased boards of trustees or regents;

(n) Student loan program for tertiary training refers to a loan program established below Section 8 of this Act;

(o) Technical-Vocational Education and Training (TVET) refers back to the training course of designed a post-secondary and decrease tertiary ranges, formally acknowledged as nondegree packages geared toward getting ready technicians, paraprofessionals and different classes of middle-level employees by offering them with a board vary of normal training, theoretical, scientific and technological research, and associated job abilities coaching;

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(p) Technical-Vocational Institutions (TVIs) refers to studying establishments providing post-secondary (TVET;

(q) Tertiary training refers back to the stage of training following the secondary cycle which covers post-secondary nondegree diploma, TVET, and better teaching programs, together with graduate training;

(r) Tertiary training subsidy (TES) refers to a subsidy established below Section 7 of this Act;

(s) Tuition charges consult with charges or college fees for topics or course enrolled in by a tertiary eduaction student;

(t) Undergraduate programs refers to any program resulting in a level as could also be approved and acknowledged by the CHED; and

(u) Unified StudentMonetary Assistance System for Tertiary Education (UniFAST) refers back to the harmonized, state-run and administered system of upper training and technical-vocational scholarships, grants-in-aid, student loans, and different modalities of student monetary help program below Republic Act No. 10687.

Section 4. Free Higher Education in SUCs and LUCs. – All Filipino students who’re both cirrently enrolled on the time of the effectivityof this Act, or shall enroll at any time thereafter, in programs in pursuance of a bachelor’s diploma, certificates diploma, o any comparable undergraduate diploma in different college charges for models enrolled in: Provided, That they go the doorway examination and different admission and rentention necessities of the SUCs and LUCs: Provided. Further, That all SUCs and LUCs shall create a mechanism to allow students with the monetary capability to pay for his or her training within the SUC and LUC to voluntarily choose out of the schooling and different college charges subsidy or make a contribution to the college. SUCs and LUCs should report the schooling funds and contributions collected from these students to the CHED: Provided, lastly, That the quantity required to implement the free tuition and different college charges in SUCs and LUCs shall be decided by the respective governing boards of SUCs and LUCs based mostly on the projected variety of enrollees for every educational years, which shall be the first consider computing the annual proposed funds of SUCs and, within the case of LUCs, the CHED for such objective. This shall in flip function the baseline in the course of the preparation of the annual National Expenditure Program (NEP) by the Department of Budget and Management (DBM).

Section 5. Free TVET in Post-Secondary TVIs. – All Filipino students who’re presently enrolled on the time of the effectivity of this Act, or shall enroll at any time thereafter in any post-secondary TVET resulting in nondegree certificates or diploma packages supplied by any state-run TVI below the TESDA shall be exempt from paying tuition and different college charges: Provided, That all state-run TVIs shall create a mechanismto allow students with the monetary capability to pay for his or her training within the TVI to voluntarily choose out of the schooling and different college charges subsidy or make a contribution to the TVI. TVIs should report the schooling funds and contributions collected from these students.

The quantity required to implement the free tuition and different college charges in state-run TVIs shall be decided by the governing board of the TESDA based mostly on the projected variety of enrollees for every course, which shall be major consider computing for the annual proposed funds of the TESDA for such objective. This shall in flip function the baseline in the course of the preparation of the annual NEP by the DBM.

Section 6. Exceptions to Free Tertiary Education. – The following students are ineligible to avail of the free tertiary training:

(a) In SUCs and LUCs:

(1) Students who’ve already attained a bachelor’s diploma or comparable undergraduate diploma from any HEI, whether or not public or personal:

(2) Students who fail to adjust to the admission and retention insurance policies of the SUC or LUC;

(3) Students who fail to finish their bachelor’s diploma or comparable undergraduate diploma inside a yr after the interval prescribed of their program; and

(b) In State-Run TVIs:

(1) Students who’ve obtained a bachelor’s diploma, in addition to those that have obtained a certificates or diploma for a technical-vocational course equal to at the very least National Certificate III and above:

(2) Students who fail in any course enrolled in in the course of the course of this system.

Students ineligible to avail of the free tertiary training shall be charged the schooling and different college charges, as decided by the respective boards of the SUCs and LUCs, and within the case of the state-run TVIs, to be decided by the TESDA.

Section 7. TES for Filipino Students. – To help the price of tertiary training or any half or portion thereof, a TES is hereby established for all Filipino students who shall enroll in undergraduate-post-secondary packages of SUCs, LUCs personal HEIs and all TVIs. The TES shall be administered by the UniFAST Board and the quantity essential to fund the TES shall be included within the budgets of the CHED and the TESDA: Provided, That prioritization shall be given to students within the following order: (a) students who’re a part of households included within the Listahanan 2.0, ranked based on the estimated per capita family earnings; and (b) students not a part of the Listahanan 2.0, ranked based on estimated per capita family earnings based mostly on submitted documentation of proof of earnings to be decided by the UniFAST Board: Provided, additional, That such prioritization shall not apply to Filipino students in cities and municipalities with no present SUC or LUC campus.

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The TES might, amongst others, and to help the price of tertiary training or any half or portion thereof, cowl the next:

(a) Tuition and different college charges in personal HEIs, and personal or LGU-operated TVIs, which shall be equal to the schooling and different college charges of the closest SUC or state-run TVI of their respective areas;

(b) All allowance for books, provides transportation and miscellaneous private bills together with an inexpensive allowance for the documented rental or buy of a private laptop or laptop computer and different education-related bills:

(c) An allowance for room and board prices incurred by the student;

(d) For a student with a incapacity, an allowance for bills associated to the student’s incapacity, an allowance for bills associated to the student’s incapacity together with particular companies, private help, transportation, tools, and provides which are moderately incurred: and

(e) For a student in a program requiring skilled license or certification, the one (1)-time price of acquiring the primary skilled credentials or {qualifications}, which can embody the next: software charges, notarial charges, overview courses charges, insurance premium charges and documentation charges: Provided, That the quantity of subsidy shall be based mostly on the rules set forth by the UniFAST Board and on the annual budgetary appropriation for this objective.

Section 8. Student Loan Program for Tertiary Education. – To help additional the price of tertiary training or any half or portion thereof, a student loan program for tertiary training is hereby likewise established for all Filipino students who shall enroll in SUC, LUC, personal HEI and TVET program in all TVIs registered below the TESDA. The Loan program shall be administered by the UniFAST Board and the quantity essential to fund this system shall be included within the budgets of the CHED and the TESDA: Provided, That the UniFAST might provide short-term or long-term loans: Provided, additional, That those that availed of the loan throughout their undergraduate diploma should avail of one other cycle of student loan for his or her pursuit of graduate research, together with drugs and legislation after they’ve totally paid the beforehand availed loan: Provided, moreover, That those that didn’t avail of the loan program throughout their undergraduate research might avail of it to pursue graduate research together with drugs and legislation: Provided, lastly, That those that didn’t avail of the loan program throughout their undergraduate research might avail of the loan program for his or her overview bills for licensure examinations administered by the Professional Regulation Commission (PRC).

Repayment shall be effected by the incorporating a portion of the loan quantity or a share thereof within the worker’s month-to-month Social Security System (SSS) or Government Service Insurance System (GSIS) contribution, because the case could also be based mostly on an inexpensive schedule of reimbursement and rates of interest. As could also be formulated by the UniFAST Board.

Payment of the loan quantity will begin as soon as the beneficiary secures any gainful employment with compensation, remuneration or earnings that reaches the Compulsory Repayment Threshold (CRT). For functions of this Act, the CRT shall be set and reviewed by the UniFAST Board, and adjusted when obligatory.

The UniFAST Board, in session with related businesses, shall formulate loan cost pointers for loan beneficiaries whose earnings will not be coated by the GSIS or the SSS packages, together with these of abroad Filipino employees (OFWs), emigrants, and self-employed individuals and professionals (SEPs).

Section 9. Requirements for SUCs and LUCs. – SUCs and LUCs are hereby mandated to:

(a) Establish a learner data system in accordance with the rules to be developed by the CHED in an effort to facilitate the monitoring of students and their efficiency;

(b) Submit related data as decided by the CHED on college high quality and efficiency; and

(c) Formulate and undergo the CHED and to the Joint Congressional Oversight Committee on Universal Access to Tertiary Education created below Section 17 of this Act, an in depth SUC growth plan up to date each ten (10) years which shall included plans for services and infrastructure growth and growth.

Section 10. Quality Standard for SUC and LUC Budgets, TES and Student Loan Programs. – The CHED and the TESDA shall guarantee high quality requirements within the overview and consequent endorsement of the funds of the SUCs, LUCs abd state-run TVIs, respectively. The detailed design of the TES and student loan packages shall even be topic to related high quality indicators outlined by the UniFAST Board.

Section 11. Prohibited Act. – Upon effectivity of this Act, it shall be illegal for any particular person, SUC and state-run TVI to gather tuition and different college charges from certified students who voluntarily choose out of the schooling and different college charges subsidy or make a contribution to the college.

Section 12. Penalties. – A violation of the prohibited act below Section 11 of this Act shall be meted a penalty of imprisonment of not lower than six (6) months however not a couple of (1) yr or a nice of not lower than Twenty thousand pesos (?20,000.00) however no more than One hundred thousand pesos (?100,000.00), or each, on the discretion of the courtroom. In case of a college, faculty or another judicial entity, the penalty shall be imposed on the president, treasurer or the officer or particular person chargeable for the violation.

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Section 13. Expansion of the UniFAST Board. – The UniFAST Board shall be expanded to incorporate the next:

(a) President of the Philippine Association of State Universities and Colleges as Member;

(b) Chairman of the Coordinating Council of Private Educational Associations as Member;

(c) President of the Association of Local Colleges and Universities as Member;

(d) President of the GSIS as a nonvoting Member; and

(e) President of the SSS as a nonvoting Member.

The UniFAST Board is allowed to determine an enhanced organizational construction, employees growth and incentives and such different administrative measures wanted for the environment friendly discharge of duties and commensurate to the extent and scope of its obligations. It might faucet the experience and administration companies of eligible service suppliers topic to the suitable pointers promulgated by the UniFAST Board.

Section 14. Reporting Requirements. – All SUCs, LUCs and state-run TVIs shall undergo the CHED and the TESDA respectively, inside 5 (5) days after the final day of late registration for every semester, a report detailing the names of students eligible for the free tuition and different college charges of their establishments.

Section 15. Appropriations. – The quantities obligatory to hold out the provisions of this Act, particularly Section 4, 5, 7 and eight shall be included within the annual General Appropriations Act (GAA) and shall be appropriated below SUCs, CHED and TESDA in accordance with the provisions of this Act: Provided, That an quantity equal to no more than three % (3%) of the TES and student loan program for tertiary training offered below this Act could also be used as administrative price below the UniFAST.

Section 16. Other Sources of Funds. The nationwide authorities is hereby approved to prioritize funding this measure in negotiating and using loan-term deeply concessional official growth help (ODA). Other sources of funds resembling grants, donations, collections, and different types of help from native and international donors or different public or personal entities, and different personal home and worldwide sources could also be tapped and facilitated by the UniFAST Board to help the packages below this Act, topic to the common auditing pointers and procedures;

Provided, That in case of donations from international sources, acceptance thereof shall be topic to present authorities guidelines and rules.

Section 17. Joint Congressional Oversight Committee on Universal Access to Tertiary Eduaction. There is hereby created a Joint Congressional Oversight Committee to supervise, monitor and consider the implementation of this Act.

The Oversight Committee shall be composed of 5 (5) members every from the Senate and from the House of Representatives, and shall embody the next: Chairperson of the Senate Committee on Education, Arts and Culture; Chairperson of the House Committee on Higher and Technical Education; Chairperson of the House Committee on Higher and Technical Education by the Senate President and the House of Representatives and within the Senate. Funding for the bills of the Committee shall be taken from the appropriations of each the Senate and the House of Representatives.

Section 18. Implementing Rules and Regulations. – Within sixty (60) days from the effectivity of this Act, the UniFAST Board, in session with the CHED, the TESDA, and different related stakeholders in larger and technical training, shall promulgate the implementing guidelines and regulation obligatory to make sure the environment friendly and efficient implementation of this Act: Provided, That the failure of the Board to promulgate the stated guidelines and rules shall not stop or delay the effectivity and implementation of this Act in accordance with Section 21 hereof.

Section 19. Separability Clause. – Should any a part of this Act be declared unconstitutional or invalid, the opposite elements or provisions hereof not affected not thereby shall proceed to be in full power and impact.

Section 20. Repealing Clause. – All legal guidelines, government orders, presidential decrees, implementing guidelines and rules or elements thereof inconsistent with the provisions of this Act are hereby replealed or modified accordingly.

Section 21. Effectivity. – This Act shall take impact fifteen (15) days after its publication within the Official Gazzette or in a newspaper of normal circulation.

Approved,

(Sgd.) PANTALEON ALVAREZ
Speaker of the House
of Representatives
(Sgd.) AQUILINO “KOKO” PIMENTEL, III
President of the Senate

This Act which is a consolidation of Senate Bill No. 1304 and House Bill No. 5633 was lastly handed by the Senate and the House of Representatives on May 30, 2017 and May 29, 2017, respectively.

(Sgd.) CESAR STRAIT PAREJA
Secretary General/>House of Representatives
(Sgd.) LUTGARDO B. BARBO
Secretary of the Senate

Approved: August 3, 2017

(Sgd.) RODRIGO ROA DUTERTE
President of the Philippines

The Lawphil Project – Arellano Law Foundation