Atty. Ada D. Abad Atty. Ada D. Abad

POLICY AND LEGAL UPDATES: ISSUES AND CONCERNS AFFECTING PRIVATE EDUCATION
CONCURRENT SESSION 22 SEPT 2011
ATTY. ADA D. ABAD

Legal Counsel, CEAP Former ViceVice-Dean, Lyceum College of Law; Managing Associate Antonio H. Abad & Associates Law Office
CEAP DAVAO LEGAL UPDATES 092211 1
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 EDUCATION
CMO NO. 2 S. 2011 ON REVISED GUIDELINES FOR FORMULATION OF CHED POLICIES IN ACADEMIC PROGRAMS INDEFINITE SUSPENSION OF THE STUDENT INTERNSHIP ABROAD PROGRAM UNDER CM0 NO. 22 S 2010
CEAP DAVAO LEGAL UPDATES 092211
ACADEMIC FREEDOM OF TEACHERS VS. THE SCHOOL ON CONTENTIOUS OR 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
(e.g., father/ Parent or guardian of his country)

PARENS PATRIAE
The State is obliged to ensure that its citizens enjoy their basic fundamental rights as human beings, including the right to education. Hence:
Everyone has the right to education education. . Education shall be free, at least with the elementary and that xxx technical and professional education shall be made generally accessible to all on the basis of merit. merit .
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; (3) the admission, examination and retention of students until graduation; (4)the allocation of income among the different categories of expenditure.
WHO MAY BE ADMITTED TO THE STUDY (and graduate)?

1.
RIGHT TO ADMISSION DISCRETIONARY UPON PRIVATE SCHOOLS such that
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 education institution is open to all students not otherwise disqualified by law, or rules of the Commission or the higher educational institution.
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GENERAL RULE: A student who qualifies for enrollment shall qualify to stay for the entire period for which he is expected to complete his program of study in the institution, 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;

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,
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Home > Nation > Top Stories 08/04/2011 | 04:53 PM
House OKs bill vs no permit, no exam school policy

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. CEAP DAVAO LEGAL UPDATES 092211 17
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 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
(b)
taking the midterm or final examination; 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 periodic or final examination; and
other school fees from
(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 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.

(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 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 UNREASONABLE. The
Constitution provides that the State shall exercise REASONABLE supervision and regulation over all educational institutions

IT VIOLATES PRINCIPLE ON EQUAL PROTECTION OF LAW. The State is
supposed to protect and balance the interests of both the students AND THE SCHOOLS.

IT IMPAIRS OBLIGATION OF CONTRACTS. CONTRACTS It encourages the students to default on their contractual obligation to pay tuition fees
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It is a CONSENTUAL contract giving rise to RECIPROCAL obligations
vs
To provide quality education To provide safe and secure environment conducive to learning
To pay tuition and fees To abide by academic requirements and behavioral rules of school
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INSTALLMENT PAYMENT SCHEME

GENERAL RULE: WHEN A STUDENT FAILS TO PAY TUITION 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 OF INCOME FOR PRIVATE SCHOOLS ARE ITS TUITION 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 school. In this connection, Schools have to ensure payment of its tuition fees in order that it may be able to sustain its daily CEAP DAVAO LEGAL UPDATES 092211 29 operations
APPROVING THE BILL IN ITS PRESENT FORM WILL BE
CATASTROPHIC TO
THE VERY EXISTENCE OF PRIVATE SCHOOLS. IT WILL SIGNAL THE DEATH KNELL OF PRIVATE EDUCATION IN THIS COUNTRY.
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Sec.99 of the 2008 Manual of Regulations for 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 institution may withhold the final grades or may refuse rere-enrollment of such student student. . PROVIDED THAT, in case of withholding of final grades, the final THAT 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 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 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 (THROUGH INSTALLMENT PAYMENT SCHEME), AND THE NEED OF SCHOOL TO SUSTAIN THE OPERATIONS.
THIS NEW BILL ONLY SHATTERS THAT TENUOUS AND FRAGILE BALANCE
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A SUMMARY OF THE LAW ON TUITION AND MISCELLANEOUS FEES INCREASES
Notes of Atty. Ada D. Abad

CONSTITUTIONAL BASIS
The right to education is constitutionally mandated in Article XIV, which states:
The State shall 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.
The State shall establish, maintain and support a complete, adequate and integrated system of education relevant to the needs of the people and society. society .
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It shall also establish and maintain a system of free public education in the elementary and high school levels. Without limiting the natural right of parents to rear their children, elementary education is compulsory for all children of school age. age .
Quality education at what cost?
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As of AY 2009-2010, there are 44,846
schools in basic education and 10,384 schools in

secondary education
Total enrollment: 13.9 Million for all basic education institutions, and 6.8 Million for all secondary education.
Basic Ed Schools
Enrollment
Total 44,846
Public 37,607
Private 7.084
1,134,222
13,934,172 12,799,950
High School Schools

Enrollment
Total 10,384
6,806,079
Public 5,677
5,465,623
Private 4,707
1,304,456
SOURCE: DepEd Fact Sheet as of Sept 2010

Tertiary Schools
Enrollment
Total 2,180
2,770,965
Public 925
1.083,194
Private 1,573
1,687,771
Private Sector Schools

Enrollment
Total 1,573
6,806,079
Non-Sect
Sectarian
324
5,465,623
1,249
1,304,456
SOURCE: CHED Statistical Data 2009-2010

http://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.
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As of AY 2000, SUCs received 2.63% of the national budget allocated to 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 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.)
Interest of the Students and Parents

While
parents recognize that quality education is essential to their childrens future because it promises a better life for their children --they however DEMAND FOR:
Interest of the Students and Parents

lower tuition fees or a moratorium on increase on tuition and other school 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 competitiveness technological advances in education
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WHAT ARE THE USUAL OVERHEAD EXPENSES OF THE SCHOOL?

Salaries Fringe Benefits Transportation and Travelling Representation and Entertainment Repairs and Maintenance Office Stationeries, Supl. & Printing Postage, telephone and Telegram Administrative Development Retirement Expenses Professional Fee Janitorial and Security Services Provision for Income Tax Publications Faculty/Support Staff development expenses Utilities: water, electricity Insurance Taxes and Licenses Employers contribution SSS Medicare discounts/scholarships
Interests of the Faculty and NonNon -Faculty members

financial uplift of the schoolteachers 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 salary of a lawyer was P240.00 a month.
In 2010, a beginning teacher without a Masters 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.
State Reaction: Balancing of Interests
The State recognizes that on one arm of the balance hang 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 Government encourages schools to generate their own income.
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, allowances and other benefits of the school personnel.
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Tuition Fees
This is monetary sum an educational 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.
Miscellaneous or Other School Fees

This term refers to charges for other services and use of school facilities needed to 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).
Consultation
to seek information or advice; to take into account, consider (feelings, interests). [Oxford
Dictionary definition: 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, 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.
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IN THE ABSENCE OF A STUDENT COUNCIL OR GOVERNMENT, RECOGNIZED STUDENT ORGS AND 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 meeting which shall be held to discuss views, positions, reactions to the proposed tuition fee increases.
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It is mandated that every sincere effort should be exerted to allow all sectors to express themselves freely in order to arrive at an acceptable compromise. However, consultation does not necessarily mean agreement.
CLARIFICATION REGARDING INCREMENTAL PROCEEDS FROM TUITION FEE INCREASES Previously, DepED Order No. 88 series 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 longstanding practice and jurisprudence. Hence, NEW AMENDMENT under Department Order No. 11 series of 2011:
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70% tuition fee increase shall be allocated for payment of salaries, wages, allowances and other benefits for faculty and nonfaculty staff of the School.
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Faculty and non-faculty employees, including administrators

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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 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 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, UNPAID SCHOOL PERSONNEL CLAIMS, AND SUCH OTHER BENEFITS OR PAYMENTS as may be prescribed by mandated wage orders, collective bargaining agreements and voluntary employer practices ... (B.P. 232, Sec. 42;
Emphasis supplied) CEAP DAVAO LEGAL UPDATES 092211
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INCREMENTAL PROCEEDS FROM TUITION FEE INCREASES

PD 451 As to % What can be charged Authority to regulate Who may avail 60% Salaries and wages only DECS BP 232 60% Salaries, wages, benefits and emoluments Private schools subj to MECS issuances RA 6728 70% Salaries, wages, benefits and emoluments Private schools subj to DECS issuances
Faculty and non-faculty employees, including administrators (not owners) The actual amount collected from the imposition of tuition fee increases Three (3) years from accrual of the cause of action
Basis for computing Prescriptive period to file claim
WHETHER OR NOT SECRETARY OF EDUCATION AND CHED HAS AUTHORITY TO SET MAXIMUM PERMISSIBLE TUITION FEE LEVELS? YES. Each private school shall determine 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 maximum permissible rates or levels of tuition and other school fees, and to issue guidelines for the imposition and collection thereof, thereof 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 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)
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Partylist bucks hidden fees of schools

by Rey Salita
Leading schools are imposing charges in the guise of miscellaneous fees, said Kabataan partylist Rep. Raymond Palatino
There are colleges and universities that display banners saying no tuition fee increase. Thats true... there are increases in miscellaneous fees that they can forego tuition fee increases, he said.
Palatino said St. Scholasticas College charged students for thesis proposal, thesis editing and resum printing while Collegio de San Juan de Letran collected Pistang Pinoy fee. According to him, University of Nueva Caceles in Naga Citys 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 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 AS OF JULY 2011
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BASIC/CORE OTHER SCHOOL FEES.

Registration Medical/dental Athletics/Sports Guidance and counseling ID Library Laboratory (general education) Student Handbook Student publication Student organizations Insurance
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INCIDENTAL OTHER SCHOOL FEES .

Affiliation fee Community extension Cultural fee Drug test Graduation fees Program Laboratory Retreat and recollection Research/thesis Student development Transcript and diploma fee Energy fee Internet Fee
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The On-the-Job or Practicum Fee shall be treated as a program fee so that this shall be included in the tuition fee charges.
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ARTICLE V
GUIDELINES ON ALLOWABLE INCREASES IN OTHER FEES Section 5. Any increases in other 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.
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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 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. CEAP DAVAO LEGAL UPDATES 092211 96
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; 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 FOR CONSULTATION OF MISCELLANEOUS FEES
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During the CHED 06 July tri-partite hearing, the CEAP was able to hit its two objectives in the matter of consultation of miscellaneous fees
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 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 CMO13
NEW PROPOSAL: CMO-13-A

1. ALL MISCELLANEOUS FEES SHOULD BE MADE SUBJECT TO CONSULTATION. 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
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4. INCORPORATE THE GRIEVANCE
MECHANISM TO ADDRESS AND EXPEDIENTLY RESOLVE COMPLAINTS WHERE HEIs HAVE IMPOSED DUBIOUS, UNCONSCIONABLE AND/OR UNREASONABLE MISCELLANEOUS FEES
5. ENSURE MECHANISMS FOR GENUINE CONSULTATION 6. STRENGTHEN CHEDS DISCIPLINARY POWER TO IMPOSE PENALTIES UPON HEIs FOUND NOT COMPLYING WITH THE CMOS.
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Section 6.2.5, CMOCMO-1313-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 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 Education (EGASTPE)
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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 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 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. CEAP DAVAO LEGAL UPDATES 092211 109
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% publicprivate 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 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: 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 farflung public high school, even though there is a DAVAO LEGAL UPDATES 092211 112 nearby private high CEAP 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.

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 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 congested .
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 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 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 nations leaders.
WHO MAY TEACH

RIGHT TO DECIDE WHO MAY BE HIRED IS A MANAGEMENT PREROGATIVE, SUBJECT TO THE REQUIREMENTS OF: 1. MANUAL OF REGULATIONS FOR PRIVATE SCHOOLS 2. LABOR CODE 3. SPECIAL LAWS: REPUBLIC ACT NOS. 7836 AND 8981
PROBLEM:
PROBATIONARY EMPLOYMENT FOR TEACHERS WITH A SPECIFIC TERM
USUAL POLICY AND INDUSTRY PRACTICE:

PROBATIONARY PERIOD OF THREE
YEARS TEACHERS ON PROBATIONARY PERIOD GIVEN YEAR-TO-YEAR OR SEMESTER-TO-SEMESTER CONTRACTS EXPIRATION OF CONTRACT EVERY YEAR OR SEMESTER
PREVIOUS PRACTICE WHICH WAS RECOGNIZED BY SUPREME COURT:

THE TERM CONTRACTS OF THE 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/HER
HENCE, THERE WERE PREVIOUS SUPREME COURT DECISIONS TO WIT:

SECURITY OF TENURE OF PROBATIONARY FACULY IS LIMITED TO 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]).

HOWEVER: NEW CASE OF YOLANDA MERCADO VS.

AMA COMPUTER COLLEGE PARANAQUE.
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WHAT IS STILL RECOGNIZED AS VALID EXISTING EDUCATIONAL INDUSTRY PRACTICE:

PROBATIONARY FACULTY EMPLOYEES CAN STILL BE HIRED AND GIVEN TERM 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 DAVAO LEGAL UPDATES 092211 TRIMESTERS OF CEAP SATISFACTORY SERVICE
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WHAT THE SUPREME COURT MODIFIED:

SCHOOL CANNOT SIMPLY INFORM PROBATIONARY FACULTY EMPLOYEES THAT THEY WILL NOT BE RENEWED. THE PROBATIONARY NATURE OF CONTRACT SHALL BE GIVEN PRIMARY CONSIDERATION, RATHER THAN THE TERM
HENCE IN A SITUATION WHERE COLLEGE HAS DECIDED NOT TO RENEW A PROBATIONARY EMPLOYEE WITH A TERM CONTRACT.
WHAT MUST BE DONE, AND WHEN MUST IT BE DONE?

129
1. PROBATIONARY FACULTY MUST BE INFORMED OF THE FACT THAT: HE/SHE FAILED TO QUALIFY FOR PERMANENT STATUS 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 NONRENEWAL WITH STATED REASONS
132
WITHIN A REASONABLE TIME PRIOR TO THE EXPIRATION OF THE CURRENT PROBATIONARY EMPLOYMENT CONTRACT, VIZ., ONE MONTH.
WHAT MAY BE TAUGHT?

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.
POSSIBLE CONFLICTS ON THE ISSUE OF WHAT TO TEACH

Despite curricular autonomy however, academic institutions may however exercise self-censorship by: (a) refusing to offer subjects which are contradictory to its vision-missiongoals;
(b) exercising supervisory powers by restricting teachers from discussing matters contradictory to visionmission-goals; (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: 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 FORMULATION OF CHED POLICIES, STANDARDS AND GUIDELINES OF THE ACADEMIC PROGRAMS,
140
141
142
143
144
145
CM0 NO. 22 S 2010
INDEFINITE 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 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
THE INSTITUTION, BOARD OF TRUSTEES AND OFFICERS
HOST TRAINING
ESTABLISHMENT
UCORD SINGAPORE OJT
149
LOCAL PLACEMENT AGENCY
HRM - SIAP
FOREIGN PLACEMENT AGENCY
UCORD SINGAPORE OJT
150

Atty. Ada D. Abad Atty. Ada D. Abad

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POLICY AND LEGAL UPDATES: ISSUES AND CONCERNS AFFECTING PRIVATE EDUCATION

CONCURRENT SESSION 22 SEPT 2011

ATTY. ADA D. ABAD

SCOPE OF OUR TALK TODAY:

CEAP DAVAO LEGAL UPDATES 092211

(e.g., father/ Parent or guardian of his country)

CEAP DAVAO LEGAL UPDATES 092211

WHO MAY BE ADMITTED TO THE STUDY (and graduate)?

RIGHT TO ADMISSION DISCRETIONARY UPON PRIVATE SCHOOLS such that

an admission is a mere privilege rather than a right

2008 Manual of Regulations for Private Higher Education (MORPHE):

CEAP DAVAO LEGAL UPDATES 092211

school fees and other obligations;

CEAP DAVAO LEGAL UPDATES 092211

Home > Nation > Top Stories 08/04/2011 | 04:53 PM

House OKs bill vs no permit, no exam school policy

House Bill 4791 on

SECTION 7. Unlawful Acts.

other school fees from

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

but not more than Fifty Thousand Pesos (P50,000.00).

SECTION 6. Right of Schools.

House Bill No. 4791 is UNCONSTITUTIONAL

House Bill No. 4791 is UNCONSTITUTIONAL

House Bill No. 4791 is UNCONSTITUTIONAL

CEAP DAVAO LEGAL UPDATES 092211

It is a CONSENTUAL contract giving rise to RECIPROCAL obligations

CEAP DAVAO LEGAL UPDATES 092211

INSTALLMENT PAYMENT SCHEME

APPROVING THE BILL IN ITS PRESENT FORM WILL BE

CEAP DAVAO LEGAL UPDATES 092211

CEAP DAVAO LEGAL UPDATES 092211

CEAP DAVAO LEGAL UPDATES 092211

A SUMMARY OF THE LAW ON TUITION AND MISCELLANEOUS FEES INCREASES

Notes of Atty. Ada D. Abad

CEAP DAVAO LEGAL UPDATES 092211

Quality education at what cost?

CEAP DAVAO LEGAL UPDATES 092211

As of AY 2009-2010, there are 44,846

schools in basic education and 10,384 schools in

High School Schools

SOURCE: DepEd Fact Sheet as of Sept 2010

Private Sector Schools

SOURCE: CHED Statistical Data 2009-2010

CEAP DAVAO LEGAL UPDATES 092211

Interest of the Students and Parents

Interest of the Students and Parents

Interest of the Private School

CEAP DAVAO LEGAL UPDATES 092211

WHAT ARE THE USUAL OVERHEAD EXPENSES OF THE SCHOOL?

Interests of the Faculty and NonNon -Faculty members

State Reaction: Balancing of Interests

CEAP DAVAO LEGAL UPDATES 092211

Miscellaneous or Other School Fees

Under DECS issuances, it has been defined to mean:

CEAP DAVAO LEGAL UPDATES 092211

CEAP DAVAO LEGAL UPDATES 092211

CEAP DAVAO LEGAL UPDATES 092211

CEAP DAVAO LEGAL UPDATES 092211

CEAP DAVAO LEGAL UPDATES 092211

Faculty and non-faculty employees, including administrators

INCREMENTAL PROCEEDS FROM TUITION FEE INCREASES

Basis for computing Prescriptive period to file claim