Sixteenth Congress Third Regular Session
Begun and held in Metro Manila, on Monday, the twenty-seventh day of July, two thousand fifteen.
REPUBLIC ACT No. 10687
AN ACT PROVIDING FOR A COMPREHENSIVE AND UNIFIED STUDENT FINANCIAL ASSISTANCE SYSTEM FOR TERTIARY EDUCATION (UniFAST), THEREBY RATIONALIZING ACCESS THERETO, APPROPRIATING FUNDS THEREFOR AND FOR OTHER PURPOSES
Be it enacted by the Senate and House of Representatives of the Philippine Congress Assembled:
ARTICLE I TITLE, POLICY, OBJECTIVES, DEFINITIONS OF TERMS, SCOPE AND COVERAGE
Section 1
Short Title. This Act shall be known as the Unified Student Financial Assistance System for Tertiary Education (UniFAST) Act.
Section 2. Declaration of Policy
It is the declared policy of the State to promote social justice and pursuant thereto, provide all its citizens access to quality education. Towards this end, the State shall provide adequate funding and such other mechanisms to increase the participation rate among all socioeconomic classes in Tertiary Education, especially the poor but academically able and highly motivated students. This policy should enable them to successfully pursue and complete Tertiary Education programs in quality institutions, thereby promoting equitable and Rationalized Access by poor Filipinos to quality Tertiary Education.
The existing publicly-funded national government programs for Scholarships, Grants-in-Aid, and Student Loans for Tertiary Education are hereby unified and harmonized to improve their efficiency and to ensure that deserving Filipinos are given equitable access to educational opportunities.
Section 3. Objectives
The objectives of this Act are as follows:
Section 4. Definition of Terms
For purposes of this Act:
Section 5. Scope and Coverage of the UniFAST
The UniFAST shall consist of all existing modalities of StuFAPs for Tertiary Education and Special Purpose Education Assistance in both public and private institutions, including Scholarships, Grants-in-Aid, Student Loans and government programs in partnership with other stakeholders, among others, and which are nationally funded and/or implemented by national and local government agencies, branches and instrumentalities. A student enrolling in Tertiary Education, whether in public, private, national or local institutions, can avail of any one (1) or more of the said modalities of StuFAP.
The UniFAST under this Act shall harmonize, reform, strengthen, expand, rationalize, and re-focus all legislated or ongoing StuFAPs of the government for greater efficiency, coherence, synchronization, effective funding, and improved coordination among implementing entities in their specific jurisdiction: Provided, That nothing in this Act shall prevent the continuation of effective programs implemented by other government agencies or of state-funded StuFAPs with specific and targeted Beneficiaries such as existing technical-vocational Scholarship programs under the TESDA, Scholarships under the Indigenous Peoples Rights Act (IPRA), the National Agriculture and Fisheries Education System (NAFES), Agriculture Competitiveness Enhancement Fund Scholarship (ACEFS), the Science and Technology Scholarship Act of 1994, the Fast-Tracked S&T Scholarship Act of 2013, the Expanded Government Assistance to Students and Teachers in Private Education (E-GASTPE) Act, Student Grants-in-Aid Program for Poverty Alleviation (SGP-PA) of the CHED and the Department of Social Welfare and Development (DSWD) which shall continue to be under the jurisdiction of the agencies currently responsible for their design and implementation: Provided, further, That the beneficiary-targeting and standards for selection and retention and awards shall be compliant with the overall policies on quality, sustainability and efficiency set by the Board: Provided, finally, That the relevant government agencies shall submit an annual report on the implementation of their StuFAPs to the UniFAST Board.
The above provisions notwithstanding, all other requirements mentioned herein shall be complied with upon the approval of the Implementing Rules and Regulations of this Act.
ARTICLE II MODALITIES OF StuFAPS
Section 6
Scholarship. A unified, improved, and expanded government-funded Scholarship program shall be instituted to promote an environment conducive for the development of bright and talented students to serve the public good and enlarge the pool of world-class Filipino researchers, artists, innovators, thinkers, and leaders.
The Board shall formulate and establish the policies and mechanisms for the identification of Beneficiaries based on objective indicators derived from credible databases, including students whose families are Beneficiaries of the poverty alleviation programs of the government: Provided, That Beneficiaries under the Iskolar ng Bayan Act shall be prioritized.
The financial amount for Scholarships shall be determined by the Board, taking into consideration the actual cost of various programs in the top public and private HEIs: Provided, That the financial amount for Scholarships shall not exceed the actual Cost of Tertiary Education.
Section 7. Grant-in-Aid
To improve equity and facilitate democratic access to quality education given income poverty and inequity, Grants-in-Aid shall be made available to students belonging to poor families and marginalized sectors.
The Board shall formulate and establish the policies and mechanisms for the identification of Grantees based on objective indicators derived from credible databases, including students whose families are Beneficiaries of the poverty alleviation programs of the government.
The financial amount comprising Grants-in-Aid shall be determined by the Board, taking into consideration the actual cost of various programs in the top public and private HEIs.
Section 8. National Student Loan Program
The Board shall pursue a long-term plan for the development of a self- sustaining National Student Loan Program (NSLP) which shall provide qualified students short-term and long-term financial assistance for Tertiary Education. This plan shall be based on a systematic evaluation of lessons learned from current and past Student Loan schemes, both local and international.
To achieve this, the Board shall endeavor to ensure the professionalization of the NSLPs management, the establishment of an appropriate organizational setup that shall best implement the Program, and the institution of accountability mechanisms, sanctions and incentives conducive for the effective and efficient collection of loan repayments.
The Board shall explore different processes, including systematic testing and rigorous evaluation of methods to be undertaken to minimize the risk of non-repayment of loans and collection costs. It shall also encourage private sector participation to ensure the delivery of the best possible service suitable to the needs and objectives of the NSLP.
The Government Service Insurance System (GSIS) and Social Security System (SSS) shall study the feasibility of having an automatic system of salary deduction for Student Loan repayments of members with unpaid Student Loans, pursuant to a memorandum of agreement to be executed by the Board with the GSIS or SSS, respectively, and in accordance with labor laws on deduction of payments.
The top ten (10) graduates of all public high schools shall be given priority in the grant of the Student Loan: Provided, That the loan granted shall be repaid in installment basis after the student graduates or leaves the educational institution: Provided, further, That the educational loan shall be sourced from the five percent (5%) of the total loanable portfolio of the Development Bank of the Philippines without prejudice to the creation of other Student Loan programs.
Section 9. Other Modalities of StuFAPs
The Board may develop other modalities of StuFAPs: Provided, That nothing in this Act shall preclude the Board, the implementing agencies, SUCs, and public TVls from promulgating and developing other forms of StuFAPs, such as private Scholarship or sponsorship programs, and student or graduate assistance programs, in accordance with the standards and guidelines set by the Board.
ARTICLE III ELIGIBILITY OF APPLICANTS AND TERMS OF AVAILMENT
Section 10
Minimum Qualifications of Applicants. The Board shall promulgate and periodically review the qualification criteria of applicants for student financial assistance. An applicant must meet the following minimum qualifications:
Section 11. Disqualifications and Limitations
The right of any Beneficiary to avail of the benefits of the StuFAPs under this Act shall not apply if the student fails to comply with the requirements for good academic standing and such other conditions that may be formulated and imposed by the Board: Provided, That the Board shall consider the supervening circumstances of each Beneficiary that may have an effect on his/her studies, such as death, lingering illness of a family member, or other personal reasons.
The Board shall not unduly deprive eligible applicants of student financial assistance: Provided, That said students may be directed by the Board and/or the implementing agency to enroll in priority courses, as may be identified by the CHED or TESDA, based on the national development plans and labor force demands, in order to avail of student financial assistance: Provided, further, That the Board and/or implementing agency shall not deny financial assistance to applicants or Beneficiaries already enrolled in non-priority courses, especially if the priority courses are not offered in the Tertiary Education institution of the students choice.
Section 12. Terms of Availment of StuFAPs
The Board and/or the implementing agency may, prior to the grant of Scholarship or Student Loan, or other modalities of StuFAP, impose reasonable terms and conditions of availment.
Section 13. Sanctions
The Board and/or the implementing agency may impose reasonable sanctions to any Beneficiary of a Scholarship, Student Loan or other modalities of StuFAP who has been found to have violated any of the provisions of his/her contract.
ARTICLE IV THE UNIFAST BOARD
Section 14
Creation of a UniFAST Board. To carry out the purposes of this Act, there is hereby created a UniFAST Board, hereinafter referred to as the Board, which shall be attached to the CHED, composed of the following:
Section 15. Powers and Functions of the Board
The Board shall exercise the following powers and functions:
Section 16. Meetings
The Board shall hold twelve (12) regular monthly meetings in a year: Provided, That four (4) years after the implementation of this Act, the Board shall determine the frequency of the regular meetings which shall not be less than once every quarter.
The Chairperson of the Board may call a special meeting when necessary: Provided, That the members are notified in writing at least three (3) working days prior to the meeting.
In the absence of the Chairperson, the Co-Chairpersons shall preside over the Boards meetings on a rotation basis. The members of the Board may also designate a representative in his/her absence: Provided, That in the case of the Chairperson, Co-Chairpersons, and the Secretaries of the DepED and DOLE, their respective representatives must be occupying the position of an Assistant Secretary, or its equivalent, and higher. The proceedings of all meetings shall be recorded and the minutes thereof shall be attested to by a simple majority of all regular Board Members.
At least one (1) meeting of the Board in every quarter must be attended by the Chairperson and Co-Chairpersons and shall be devoted to a review of the performance of the UniFAST in terms of the following:
Section 17. Quorum
The attendance of a simple majority of the Board members is necessary in order for the Board to have a quorum to transact business.
Section 18. Creation of a UniFAST Secretariat
There is hereby created a Secretariat to be headed by an Executive Director to support the Board in carrying out its functions. The Board shall provide for the institutional setup, qualifications, and compensation of employees composing the Secretariat in accordance with existing Civil Service and Career Executive Service rules and regulations and consistent with the provision of the Salary Standardization Law for government personnel, and determine the size and composition of the Secretariat.
The Secretariat shall exercise the following functions:
Section 19. The Executive Director
There shall be an Executive Director who shall be appointed by the Board and shall have the rank of an Assistant Secretary. The Executive Director shall have a minimum of seven (7) years managerial experience, be a holder of at least a Masters degree, and be a Career Executive Service eligible. The Executive Director shall perform the following functions:
Section 20
Financial Management and Accountability. All public funds allocated to the government StuFAPs for Tertiary Education shall be managed according to standard government accounting and auditing rules and regulations. In addition, specialized processes and procedures shall be developed to enhance transparency and accountability suitable to the program or project for which the fund has been provided.
Section 21. Accounting and Reporting of UniFAST StuFAP Funds
A separate book of accounts shall be kept by each implementing agency for the UniFAST StuFAP Funds. It shall follow standard government rules and regulations for accounting. Implementing agencies of the StuFAP Funds, however, may adopt additional measures to ensure its safety, particularly in authorizing payments and processing of disbursements from the funds: Provided, That such additional measures shall facilitate a convenient and efficient means of delivering financial assistance to the Beneficiaries.
A mid-year and annual report shall be prepared by all implementing agencies. The report shall have two (2) parts: a financial statement and a report of operations showing the accomplishments of the fund. These reports shall be submitted to Congress and the Department of Budget and Management to inform and aid in decision making and shall be made available to other interested parties for valid and acceptable reasons. The fist of Beneficiaries and the amount of financial assistance received shall be made available upon request.
Section 22. Responsibility of National Government Agencies Implementing StuFAPs
The agencies and instrumentalities implementing StuFAPs are required to submit reports, make their selection process transparent to the public, and comply with the requirements that the Board may impose to ensure that these programs are in line with the national policy framework on student financial assistance.
Section 23. Performance Monitoring and Impact Assessment
The UniFAST shall be evaluated rigorously by the Board in terms of its impact on desired results and its progress towards achieving them shall be monitored regularly. The Board shall clearly define those results and their target values. Impact evaluation shall be measured against, among others:
Section 24. Congressional Oversight Committee
There is hereby created a Congressional Oversight Committee on the UniFAST composed of five (5) members each to be chosen from the membership of the Senate Committee on Education, Arts and Culture and the House of Representatives Committee on Higher and Technical Education. The members from the Senate shall be appointed by the Senate President based on proportional representation of the parties or coalitions therein with at least two (2) Senators representing the minority. The members from the House of Representatives shall be appointed by the Speaker also based on proportional representation of the parties or coalitions therein with at least two (2) Congressmen representing the minority.
The Oversight Committee on the UniFAST shall have the power to oversee the implementation of this Act, including an inquiry into the book of accounts of the Board: Provided, That the Secretariat of the Oversight Committee shall be drawn from the secretariat personnel of the Senate Committee on Education, Arts and Culture and the House of Representatives Committee on Higher and Technical Education. Funding for the expenses of the Committee shall be taken from the appropriations of both the Senate and the House of Representatives.
The Board shall be required to submit to the Congressional Oversight Committee, on a periodic basis, the financial statements, policy statements, issuances and other documents and information of the Board, subject to existing laws and regulations.
ARTICLE VI APPROPRIATIONS
Section 25
Appropriations. The amount necessary to carry out the provisions of this Act, specifically for the creation of the Board and the Secretariat and the initial implementation of this Act, shall be charged against the current years appropriation of the CHED. The budget for the implementation of existing StuFAPs and any modality that may be established shall be charged against the budget of the implementing agencies. Thereafter, such amount as may be necessary for the continued implementation of this Act shall be included in the Annual General Appropriations Act.
Section 26. Other Sources of Funds
Other sources of funds such as grants, donations, and other forms of assistance from local and foreign donor agencies, other public or private entities, and other private domestic and international sources may be tapped and facilitated by the Board to support the program, subject to regular auditing guidelines and procedures: Provided, That in case of donations from foreign sources, acceptance thereof shall be subject to existing government rules and regulations.
All donations, grants, endowments from various sources and other contributions given to specific agencies for StuFAPs shall be retained by the identified done agency for that specific purpose in accordance with government auditing rules and regulations.
Cost-sharing or counter-parting schemes among national government and local government units (LGUs) shall also be encouraged to support the implementation of the UniFAST.
ARTICLE VII IMPLEMENTATION
Section 27
Implementing Rules and Regulations. Within thirty (30) days from the effectivity of this Act, the Board shall constitute itself, in consultation with relevant stakeholders in Tertiary Education, and promulgate the Implementing Rules and Regulations necessary for the proper implementation of this Act within sixty (60) days from the constitution of the Board.
ARTICLE VIII MISCELLANEOUS PROVISIONS
Section 28
Separability Clause. If, for any reason, any provision of this Act is declared unconstitutional or invalid, parts or provisions of this Act which are not affected shall continue to be in full force and effect.
Section 29. Non-Impairment Clause
Nothing in this Act shall be construed as to diminish, impair, or repeal rights recognized, granted, or made available to disadvantaged, marginalized, or specific sectors under existing laws.
Section 30. Repealing Clause
All laws, executive orders, presidential decrees, Implementing Rules and Regulations inconsistent with this Act are hereby repealed or modified accordingly, including the provisions of Republic Act No. 8545 on Tertiary Education.
Section 31. Effectivity
This Act shall take effect fifteen (15) days after its publication in the Official Gazette or in a newspaper of general circulation.
| (Sgd.) FELICIANO BELMONTE JR. Speaker of the House of Representatives | (Sgd.) FRANKLIN M. DRILON President of the Senate |
This Act which is a consolidation of Senate Bill No. 2679 and House Bill No. 4591 was finally passed by the Senate and the House of Representatives on August 3, 2015 and August 4, 2015, respectively.
MARILYN B. BARUA-YAP
Secretary General House of Representatives
OSCAR G. YABES
Secretary of the Senate
Approved: OCT 15 2015
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.