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Republic Act
Approved August 23, 2013

Republic Act No. 10609

Protection of Students Right to Enroll in Review Centers Act of 2013

AN ACT PROTECTING THE RIGHT OF STUDENTS ENROLLED IN COURSES REQUIRING PROFESSIONAL LICENSING EXAMINATIONS TO ENROLL IN REVIEW CENTERS OF THEIR CHOICE AND PROVIDING PENALTIES FOR VIOLATIONS THEREOF

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In plain language

The Act protects students' right to choose review centers for professional licensing exams, defines unlawful acts by higher education institutions, imposes penalties on violators, and mandates implementing rules by CHED.

  • Protection of the right to choose review centers
  • Definition of unlawful acts by HEIs
  • Penalties including imprisonment and fine
  • Implementation rules by CHED
  • Separability clause
  • Repealing clause
  • Effectivity clause
Education
Higher Education
Student Rights
Legislation

Fifteenth Congress Third Regular Session

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

REPUBLIC ACT NO. 10609

AN ACT PROTECTING THE RIGHT OF STUDENTS ENROLLED IN COURSES REQUIRING PROFESSIONAL LICENSING EXAMINATIONS TO ENROLL IN REVIEW CENTERS OF THEIR CHOICE AND PROVIDING PENALTIES FOR VIOLATIONS THEREOF

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

Section 1. Short Title

This Act shall be known as the "Protection of Students Right to Enroll in Review Centers Act of 2013".

Section 2. Declaration of Policy

It is the declared policy of the State to promote and protect the right to education as enshrined in the Philippine Constitution. While the State recognizes the complementary roles of public and private institutions in the enhancement and strengthening of the educational system, it is also the responsibility of the State to ensure the protection of students against possible abuses by Higher Educational Institutions (HEIs) in relation to the right of students to choose their review centers.

Section 3. Coverage

This Act shall cover all public and private HEIs, including local colleges and universities, offering courses that require professional licensure examinations.

Section 4. Unlawful Acts

In recognition of the students freedom to choose his/her review center, the following acts by HEIs shall be considered unlawful:

(1)Compelling students enrolled in courses requiring professional examinations to take review classes, which are not part of the curriculum, in a review center of the HEIs choice;
(2)Making such review classes a prerequisite for graduation or completion of the course;
(3)Forcing students to enroll in a review center of the schools choice, and to pay the corresponding fees that include transportation and board and lodging; and (4) Withholding the transcript of scholastic records, diploma, certification or any essential document of the student to be used in support of the application for the professional licensure examinations so as to compel the students to attend in a review center of the HEIs choice.

Section 5. Penalties

Any HEI official or employee, including deans, coordinators, advisers, professors and other concerned individuals found guilty of violating any of the unlawful acts enumerated in Section 4 of this Act shall suffer the penalty prision correccional or imprisonment from six (6) months and one (1) day to six (6) years and a fine of Seven hundred fifty thousand pesos (P750,000.00). He/She shall also be suspended from his/her office and his/her professional license revoked.

In addition, the Commission on Higher Education (CHED) may impose disciplinary sanctions against an HEI official or employee violating this Act pursuant to Section 13 of Republic Act No. 7722, otherwise known as the "Higher Education Modernization Act of 1994".

Section 6. Implementing Rules and Regulations

The CHED shall be tasked to issue the implementing rules and regulations of this Act within thirty (30) days after this law takes effect.

Section 7. Separability Clause

Should any provision herein be declared unconstitutional, the same shall not affect the validity of the other provisions of this Act.

Section 8. Repealing Clause

All laws, presidential decrees or issuances, executive orders, letters of instruction, administrative orders, administrative memoranda, rules and regulations inconsistent with the provisions of this Act are hereby amended, modified or repealed accordingly.

Section 9. Effectivity Clause

This Act shall take effect fifteen (15) days after its publication the Official Gazette or in two (2) newspapers of general circulation.

Approved,

| (Sgd.) JINGGOY EJERCITO ESTRADA Acting Senate President | (Sgd.) FELICIANO BELMONTE JR. Speaker of the House of Representatives |

This Act which originated in the House of Representatives was finally passed by the House of Representatives and the Senate on December 8, 2010 and June 5, 2013, respectively.

EMMA LIRIO-REYES

Secretary of the Senate

MARILYN B. BARUA-YAP

Speaker General House of Representatives

Approved: AUG 23 2013

BENIGNO S. AQUINO III

President of the Philippines

For information and research only, and not legal advice. This text may not reflect later amendments. For certified copies, refer to the Official Gazette or the issuing agency.