policy and legal updates: issues and … issues and concerns affecting private ... no permit”...
Post on 08-Mar-2018
216 Views
Preview:
TRANSCRIPT
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
CEAP DAVAO LEGAL UPDATES 092211 4
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
CEAP DAVAO LEGAL UPDATES 092211 5
EMPLOYMENT
� APPRAISAL/CHARGE SHEET
� FIVE DAYS WITHIN WHICH TO EXPLAIN
� LACK OF ADMINISTRATIVE HEARING
IS NOT LACK OF DUE PROCESS
� NOTICE OF TERMINATION
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..
CEAP DAVAO LEGAL UPDATES 092211 7
“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
CEAP DAVAO LEGAL UPDATES 092211 8
• 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;
CEAP DAVAO LEGAL UPDATES 092211 9
(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
CEAP DAVAO LEGAL UPDATES 092211 10
THE STUDY THE STUDY
(and graduate)?(and graduate)?
1. RIGHT TO
ADMISSION
DISCRETIONARY
UPON PRIVATE
SCHOOLS such that
an admission is a
CEAP DAVAO LEGAL UPDATES 092211 11
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
CEAP DAVAO LEGAL UPDATES 092211 12
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
CEAP DAVAO LEGAL UPDATES 092211 14
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;
CEAP DAVAO LEGAL UPDATES 092211 15
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
CEAP DAVAO LEGAL UPDATES 092211 17
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
CEAP DAVAO LEGAL UPDATES 092211 18
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
CEAP DAVAO LEGAL UPDATES 092211 19
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
CEAP DAVAO LEGAL UPDATES 092211 20
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
CEAP DAVAO LEGAL UPDATES 092211 21
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
CEAP DAVAO LEGAL UPDATES 092211 22
Constitution provides that the
State shall exercise
REASONABLEREASONABLE supervision and
regulation over all educational
institutions
House Bill No. 4791 is
UNCONSTITUTIONAL
•• IT VIOLATES PRINCIPLE IT VIOLATES PRINCIPLE
CEAP DAVAO LEGAL UPDATES 092211 23
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.
House Bill No. 4791 is
UNCONSTITUTIONAL
•• ITIT IMPAIRS OBLIGATION IMPAIRS OBLIGATION
CEAP DAVAO LEGAL UPDATES 092211 24
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
CEAP DAVAO LEGAL UPDATES 092211 26
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
CEAP DAVAO LEGAL UPDATES 092211 27
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
CEAP DAVAO LEGAL UPDATES 092211 28
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
CEAP DAVAO LEGAL UPDATES 092211 29
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.
CEAP DAVAO LEGAL UPDATES 092211 30
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
CEAP DAVAO LEGAL UPDATES 092211 32
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
CEAP DAVAO LEGAL UPDATES 092211 33
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
CEAP DAVAO LEGAL UPDATES 092211 34
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
CEAP DAVAO LEGAL UPDATES 092211 35
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
CEAP DAVAO LEGAL UPDATES 092211 36
A SUMMARY OF THE LAW ON
TUITION AND MISCELLANEOUS
FEES INCREASES
CEAP DAVAO LEGAL UPDATES 092211 38
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
CEAP DAVAO LEGAL UPDATES 092211 39
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..
CEAP DAVAO LEGAL UPDATES 092211 40
ItIt shallshall alsoalso establishestablish
andand maintainmaintain aa systemsystem
ofof freefree publicpublic
educationeducation inin thethe
elementaryelementary andand highhigh
schoolschool levelslevels.. WithoutWithout
limitinglimiting thethe naturalnatural
CEAP DAVAO LEGAL UPDATES 092211 41
limitinglimiting thethe naturalnatural
rightright ofof parentsparents toto rearrear
theirtheir children,children,
elementaryelementary educationeducation
isis compulsorycompulsory forfor allall
childrenchildren ofof schoolschool
ageage..””
As of AY 2009-2010,
there are 44,846
schools in basic
CEAP DAVAO LEGAL UPDATES 092211 43
schools in basic
education and
10,384 schools in
secondary
education
Total enrollment:
• 13.9 Million for all basic
education institutions,
CEAP DAVAO LEGAL UPDATES 092211 44
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
CEAP DAVAO LEGAL UPDATES 092211 45
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
CEAP DAVAO LEGAL UPDATES 092211 46
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.
CEAP DAVAO LEGAL UPDATES 092211 47
As of AY 2000,
SUCs received
2.63% of the
national budget
allocated to
education, even if
CEAP DAVAO LEGAL UPDATES 092211 48
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
CEAP DAVAO LEGAL UPDATES 092211 49
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
CEAP DAVAO LEGAL UPDATES 092211 50
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
CEAP DAVAO LEGAL UPDATES 092211 51
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
CEAP DAVAO LEGAL UPDATES 092211 52
• 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
CEAP DAVAO LEGAL UPDATES 092211 54
•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
CEAP DAVAO LEGAL UPDATES 092211 55
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
CEAP DAVAO LEGAL UPDATES 092211 56
while the
salary of a
lawyer was
P240.00 a
month.
CEAP DAVAO LEGAL UPDATES 092211 57
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
CEAP DAVAO LEGAL UPDATES 092211 58
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
CEAP DAVAO LEGAL UPDATES 092211 59
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?
CEAP DAVAO LEGAL UPDATES 092211 60
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,
CEAP DAVAO LEGAL UPDATES 092211 61
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
CEAP DAVAO LEGAL UPDATES 092211 62
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
CEAP DAVAO LEGAL UPDATES 092211 63
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
CEAP DAVAO LEGAL UPDATES 092211 64
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,
CEAP DAVAO LEGAL UPDATES 092211 65
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
CEAP DAVAO LEGAL UPDATES 092211 66
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
CEAP DAVAO LEGAL UPDATES 092211 67
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
CEAP DAVAO LEGAL UPDATES 092211 69
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.
70CEAP DAVAO LEGAL UPDATES 092211
We pointed out that this was in
contravention of the present long-
standing practice and jurisprudence.
CEAP DAVAO LEGAL UPDATES 092211 71
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.
72CEAP DAVAO LEGAL UPDATES 092211
CEAP DAVAO LEGAL UPDATES 092211 75
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
CEAP DAVAO LEGAL UPDATES 092211 76
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
CEAP DAVAO LEGAL UPDATES 092211 77
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,
CEAP DAVAO LEGAL UPDATES 092211 78
• 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
CEAP DAVAO LEGAL UPDATES 092211 79
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?
CEAP DAVAO LEGAL UPDATES 092211 80
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
CEAP DAVAO LEGAL UPDATES 092211 81
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?
CEAP DAVAO LEGAL UPDATES 092211 82
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
CEAP DAVAO LEGAL UPDATES 092211 83
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
CEAP DAVAO LEGAL UPDATES 092211 84
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
CEAP DAVAO LEGAL UPDATES 092211 87
miscellaneous fees,
said Kabataan
partylist Rep.
Raymond Palatino
CEAP DAVAO LEGAL UPDATES 092211 88
“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
CEAP DAVAO LEGAL UPDATES 092211 89
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
CEAP DAVAO LEGAL UPDATES 092211 90
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
CEAP DAVAO LEGAL UPDATES 092211 91
PROPOSED GUIDELINES
AS OF JULY 2011
Registration
Medical/dental
Athletics/Sports
Student Handbook
Student publication
Student
BASIC/CORE OTHER
SCHOOL FEES.
CEAP DAVAO LEGAL UPDATES 092211 92
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 .
CEAP DAVAO LEGAL UPDATES 092211 93
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
CEAP DAVAO LEGAL UPDATES 092211 94
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
CEAP DAVAO LEGAL UPDATES 092211 95
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
CEAP DAVAO LEGAL UPDATES 092211 96
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;
CEAP DAVAO LEGAL UPDATES 092211 97
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
98CEAP DAVAO LEGAL UPDATES 092211
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.
100CEAP DAVAO LEGAL UPDATES 092211
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
101CEAP DAVAO LEGAL UPDATES 092211
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”
102CEAP DAVAO LEGAL UPDATES 092211
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
103CEAP DAVAO LEGAL UPDATES 092211
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.
104CEAP DAVAO LEGAL UPDATES 092211
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.
CEAP DAVAO LEGAL UPDATES 092211 105
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
CEAP DAVAO LEGAL UPDATES 092211 106
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
CEAP DAVAO LEGAL UPDATES 092211 108
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
CEAP DAVAO LEGAL UPDATES 092211 109
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
CEAP DAVAO LEGAL UPDATES 092211 110
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:
CEAP DAVAO LEGAL UPDATES 092211 111
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
CEAP DAVAO LEGAL UPDATES 092211 112
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.
CEAP DAVAO LEGAL UPDATES 092211 113
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?
CEAP DAVAO LEGAL UPDATES 092211 114
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
CEAP DAVAO LEGAL UPDATES 092211 115
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
CEAP DAVAO LEGAL UPDATES 092211 116
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.
CEAP DAVAO LEGAL UPDATES 092211 117
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
CEAP DAVAO LEGAL UPDATES 092211 118
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.
RIGHT TO DECIDE WHO MAY BE HIRED
IS A MANAGEMENT PREROGATIVE,
SUBJECT TO THE REQUIREMENTS OF:
1. MANUAL OF REGULATIONS FOR
CEAP DAVAO LEGAL UPDATES 092211 120
1. MANUAL OF REGULATIONS FOR
PRIVATE SCHOOLS
2. LABOR CODE
3. SPECIAL LAWS: REPUBLIC ACT NOS.
7836 AND 8981
PROBLEM:
PROBATIONARY
EMPLOYMENT
CEAP DAVAO LEGAL UPDATES 092211 121
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.
125CEAP DAVAO LEGAL UPDATES 092211
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
CEAP DAVAO LEGAL UPDATES 092211 128
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
CEAP DAVAO LEGAL UPDATES 092211 130
• 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.
CEAP DAVAO LEGAL UPDATES 092211 131
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
CEAP DAVAO LEGAL UPDATES 092211 133
CURRENT PROBATIONARY
EMPLOYMENT CONTRACT,
VIZ., ONE MONTH.
Institutions of higher learning have
CEAP DAVAO LEGAL UPDATES 092211 135
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”
CEAP DAVAO LEGAL UPDATES 092211 136
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
CEAP DAVAO LEGAL UPDATES 092211 137
(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:
CEAP DAVAO LEGAL UPDATES 092211 138
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
CEAP DAVAO LEGAL UPDATES 092211 139
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
CEAP DAVAO LEGAL UPDATES 092211 146
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
UCORD SINGAPORE OJT 149
SINGAPOREAN
HOST
TRAININGESTABLISHMENT
THE INSTITUTION,
BOARD OF TRUSTEES
AND OFFICERS
top related