Students Rights and Welfare Act of 2025

Senate Difice of the ta retaip TWENTIETH CONGRESS OF THE REPUBLIC OF THE PHILIPPINES 25 SEP 23 P4:49 First Regular Session SENATE RECEIVED BY. S.B. No. 1403 INTRODUCED BY SENATOR RISA HONTIVEROS AN ACT PROVIDING FOR A NATIONAL FRAMEWORK FOR STUDENTS' RIGHTS AND WELFARE EXPLANATORY NOTE The 1987 Philippine Constitution affirms that the State shall "protect and promote the right of all citizens to quality education at all levels" and "make such education accessible to all" (Art. XIV, Sec. 1). It also guarantees the exercise of academic freedom in all institutions of higher learning (Art. XIV, Sec. 5[2]), and recognizes the right of the people, including the youth, to participate in nation-building (Art. II, Sec. 13). Yet despite these constitutional guarantees, many students continue to experience systemic violations of their rights: abridgment of freedom of expression, suppression of student publications, restrictions on student organizations, lack of participation in policymaking, arbitrary tuition and other fee increases, and weak safeguards for due process in disciplinary proceedings. In some instances, students face harassment, red-tagging, and even violence for exercising their democratic rights within campuses. The absence of a comprehensive national law that clearly defines, protects, and promotes students' rights and welfare has left learners vulnerable to inconsistent, and at times, abusive practices across schools and universities. While laws such as the Education Act of 1982, the Campus Journalism Act of 1991 (RA 7079), and the Universal Access to Quality Tertiary Education Act (RA 10931) address specific areas of education, there remains no overarching framework that ensures students are guaranteed their fundamental rights as members of academic communities. This proposed measure, the "Students' Rights and Welfare (STRAW) Act of 2025," seeks to fill that gap. It establishes a clear and enforceable national framework for the protection and promotion of students' rights, including: • General Rights and Freedoms - protection of the rights to expression, assembly, academic freedom, privacy, and information.

• Representation and Organizing - recognition of student councils and publications, freedom of organization, and participation in policymaking processes. • Academic Rights - transparency in academic procedures, fair access to records, and meaningful student evaluation of instruction. • Due Process and Protection - safeguards against arbitrary punishment, discrimination, harassment, illegal searches, and campus militarization. • Financial Accountability - clear rules on tuition and other school fees, including mandatory consultations and transparency mechanisms. • Implementation and Enforcement - establishment of a multi-stakeholder Students' Rights and Welfare Commission, coupled with administrative and penal sanctions for violations. The measure also reflects the realities of today's learning environment. In the digital age, where technology, data, and artificial intelligence (AI) increasingly shape academic life, students must be protected from unfair or opaque uses of technology. Thus, the bill recognizes the right of students to the fair, transparent, and ethical use of AI in assessment and academic monitoring. It ensures that no learner is judged solely by an algorithm without human review, and that schools adopt clear, responsible policies for AI use in consultation with students and faculty. Further, the bill affirms students' right to organize, conduct fundraising, and freely affiliate with national, regional, and international alliances of youth and student organizations. These provisions guarantee that student participation extends beyond school grounds into the broader civic and democratic sphere. This bill is anchored on the belief that a strong, inclusive, and democratic education system cannot exist without students' active participation and protection of their rights. By ensuring that campuses are spaces of learning, dialogue, and empowerment-not fear, silence, or exclusion-we also ensure that our future leaders are nurtured in an environment of freedom, responsibility, and justice. In view of the foregoing, the immediate passage of this bill is earnestly sought. intera carefuel RISA HONTIVEROS Senator

Beltate Office of the Sett crarg TWENTIETH CONGRESS OF THE REPUBLIC OF THE PHILIPPINES First Regular Session SEP 23 P4:49 SENATE RECEIVED BY. S.B. No. 1403 INTRODUCED BY SENATOR RISA HONTIVEROS AN ACT PROVIDING FOR A NATIONAL FRAMEWORK FOR STUDENTS' RIGHTS AND WELFARE Be it enacted by the Senate and the House of Representatives of the Philippines in Congress assembled:

SECTION 1. Short Title. - This Act shall be known as the "Students' Rights and

2 Welfare Act of 2025."

Sec. 2. Declaration of Policy. - Pursuant to Article II, Section 17 of the 1987

5 Constitution, which declares education as a priority of the State, and Article XIV, 6 Sections 1 and 5(2), which recognize the right to quality education and guarantee academic freedom, it is hereby declared the policy of the State to protect and promote the rights and welfare of students in order to foster democratic participation, ensure access to quality education, and uphold human dignity and social justice. Towards this end, the State shall: a) Recognize education as a right that can only be exercised fully when students' rights and welfare are promoted and protected; b) Acknowledge education as essential to nation-building, nationalism, critical and creative thinking, and the promotion of human rights; c) Affirm the right of students to meaningful participation in decision-making processes affecting them, consistent with democratic principles; d) Protect students' right to freedom of expression, subject only to the limits of law;

e) Protect the right of students to organize, form associations, student councils, and unions, free from undue interference.

Sec. 3. Definition of Terms. - As used in this Act:

a) School - refers to public or private institutions of learning, including senior high schools, higher education institutions (HEIs), and technical-vocational education and training (TVET) institutions. b) School campus - areas designated by the school for use by students, including facilities, buildings, and grounds. c) Student - any person enrolled in a school as defined in (a). d) Student council/government - the duly elected representative body of students in a school, college, or university unit. e) Council of leaders - a body composed of the heads of recognized student organizations within a school, presided over by the student council/government chairperson or a duly elected leader. ) Campus militarization - the unauthorized or unnecessary presence of military or police forces on school grounds, excluding duly authorized ROTC activities. g) Tuition fees - fees charged for instruction. h) Other school fees - necessary instructional support fees (e.g., library, laboratory, ID). Red-tagging - the baseless labeling of persons or organizations as communists, subversives, or enemies of the State, which endangers safety and reputation of the students.

Sec. 4. Coverage. - This Act shall apply to students in senior high schools,

HEIs, and TVET institutions, whether public or private. Schools shall uphold the rights and welfare of students as herein provided. Government agencies shall ensure compliance and enforcement. CHAPTER I. GENERAL RIGHTS AND FREEDOMS

Sec. 5. Right to Freedom of Expression. - Students shall have the right to freely

express views, publish materials, and peacefully assemble, subject only to existing

laws. No school regulation shall abridge these rights.

Sec. 6. Right to Academic Freedom. - Students shall enjoy academic freedom,

4 which includes: a) To pursue a field of study, research, and publication of findings; b) To hold discussions, symposia, and invite speakers; c) To express contrary interpretations and dissenting views; d) To be consulted on curricular reviews, subject to final authority of academic bodies under institutional academic freedom; e) To participate in reviewing student handbooks and rules; f) To be free from imposition of ideology or belief.

Sec. 7. Right to Privacy. - Students' right to privacy of communication and data

shall be inviolable. Schools may not collect or share student data without informed consent. This extends to use of name, likeness, and personal affairs.

Sec. 8. Right to Information and Transparency. - Students shall have access to

information affecting their welfare, including: a) Official school policies; b) Annual budget and financial reports, as applicable; c) Tuition and fee allocation data; d) Other documents concerning student rights. CHAPTER II. REPRESENTATION, ORGANIZING, AND PARTICIPATION

Sec. 9. Right to a Student Council or Government. - Every school shall have a

duly recognized student council/government established through democratic elections. Its constitution shall be ratified by at least two-thirds (2/3) of voting students. Every student council or student government shall have the right to determine its policies and programs on student activities subject to the provisions of its constitution and in consonant with school rules and regulations: Provided, That the

latter does not infringe on the basic rights and freedoms of students.

Sec. 10. Non-Interference. - School administrations shall not interfere in

student council or government elections, policies, or activities, except where acts are contrary to law.

Sec. 11. Student Council Funds. - A student council fee shall be collected and

remitted by the school not later than 30 (thirty) days after the enrollment period. The student council or student government shall release a financial report at the end of its term. Student councils may accept donations not from unlawful sources. Random 11 audits by the Commission on Audit (for SUCs) or internal auditors (for private schools) shall ensure accountability.

Sec. 12. Right to Organize. - Students may form or join organizations,

alliances, or federations. Schools shall provide reasonable access to facilities free of charge.

Sec. 13. Student Participation in Policymaking. - Students shall be represented

in school governing or policy bodies, including curriculum and disciplinary committees, in a consultative and advisory capacity, consistent with institutional academic freedom.

Sec. 14. Right to Publish. - In accordance with RA 7079 (Campus Journalism

23 Act of 1991), students shall have the right to publish newspapers or similar media. Editorial independence shall be respected.

Sec. 15. Student Publication Funds. - A publication fee shall be collected and

remitted collected and remitted by the school not later than thirty (30) days after the enrollment period. The editorial board shall release a financial report at the end of its term. The editorial board may accept donations not from unlawful sources. Student publications shall be financially autonomous, subject to financial transparency and random audits.

Sec. 16. Tuition and Other Fees. - No tuition and other fees increase shall be

2 allowed unless: a) A one-year prior notice is given and publicly posted, and the Council of Leaders and the Student Council or student government are notified; b) At least one consultation with students, faculty, and parents is conducted; c) Supporting financial documents are provided, including but not limited to past allocations of tuition fee increases, the school's latest audited financial statements, and detailed plans for the proposed increase; and d) Student representatives are allowed to present counterproposals. For SUCs, RA 10931 shall prevail. For private HEIs and TVET institutions, this Act governs.

Sec. 17. Right to Conduct Fundraising Activities. - Student councils, student

publications, and recognized student organizations shall have the right to plan and conduct fundraising activities to support their operations, projects, and advocacies, subject to the following: a) Activities shall not contravene existing laws; b) Schools shall facilitate, not hinder, such activities, and may only regulate them for safety and order; c) No portion of the proceeds shall be diverted to school administration or other non-student purposes.

Sec. 18. Right to Join National, Regional, and International Alliances. - Student

councils, publications, and organizations shall have the right to freely affiliate with, or participate in, national, regional, or international alliances, associations, or networks of students, without interference from school administrations. Provided, That such participation does not contravene national laws. No student shall be penalized or discriminated against on account of lawful participation in such alliances. Provided 29 further, That such national and regional student alliances shall be consulted in all matters affecting students' rights and welfare. CHAPTER III. ACADEMIC RIGHTS

Sec. 19. Rights on Academic Procedure. - Students shall have the right to be

informed of their course syllabi prior to the commencement of their respective classes. They shall be graded fairly based on clearly defined rubrics for all assignments and 4 examinations. Students shall also have the right to participate in class evaluations, 5 which shall be considered for the improvement of academic instruction and testing materials.

Sec. 20. Right to Access School Records and Issuance of Official Certificates. -

9 Students are entitled to have access to their own school records, and have the right 10 to be issued official certificates, diplomas, copies of transcript of records, copies of grades, documents required as transfer credentials, and other similar documents within fifteen (15) days from the filing of a written request together with other reasonable requirements. The school must strictly maintain the confidentiality of all school records.

Sec. 21. Right to Fair and Ethical Use of Artificial Intelligence (AI). - Students

shall have the right to fair, transparent, and ethical use of Al in education. In particular: a) Students must be informed when AI is used for assessment or monitoring that affects their grades or standing; b) No student shall be penalized based solely on Al-generated results without human review; c) Al use in schools shall respect fairness, privacy, and non-discrimination; and d) Schools shall guide students on the responsible and ethical use of Al in academic work. CHAPTER IV. DUE PROCESS AND PROTECTION

Sec. 22. Right to Due Process. - Students shall not be sanctioned without due

process. An independent disciplinary board shall consist of: one (1) administration representative, one (1) faculty member, one (1) student endorsed by the student council, and one (1) external adviser (legal/guidance) as observer. Rights include written notice, hearing, counsel, protection against retaliation,

and appeal mechanisms. Preventive suspension may only be imposed if the student poses a clear and present danger.

Sec. 23. Right against Discrimination, Harassment, and Violence. - No student

shall be discriminated against on account of disability, socio-economic status, political or religious belief, sexual orientation, gender identity, or membership in lawful organizations. Schools shall adopt policies against harassment, red-tagging, and violence, whether committed online or offline. These policies shall include administrative penalties for these acts committed by a school official, faculty member, employee, 11 student, or persons contractually related to the school.

Sec. 24. Free legal assistance for students facing discrimination, violence, and

harassment. - Students facing acts of discrimination, harassment and violence by public and or private persons and groups, shall be ensured access to free legal services from the Public Attorney's Office (PAO). Free legal assistance under this provision shall include, but are not limited to: a) Legal representatives in civil, criminal, or administrative proceedings, as far as practicable; b) Legal advice or consultations; c) Preparation of pleadings, motions, memoranda, and all other legal forms and documents; d) Court fees and other related fees; and e) Notarization of documents.

Sec. 25. Right against Illegal Searches and Seizures. - Searches and seizures

are valid only with: a) A search warrant; b) Routine inspection at ingress/egress; c) Plain view of illegal articles; d) When a crime or serious infraction is being committed. Unlawful seizures are inadmissible in proceedings.

Sec. 26. Ban on Firearms. - No person shall carry firearms or explosives in schools,

except duly authorized security forces with permits.

Sec. 27. Right against Campus Militarization. - Military or police presence in

schools shall be prohibited except: a) With prior notice to school officials; b) In hot pursuit or emergencies; c) When law enforcement is indispensable and requested by school officials. Peaceful student protests shall not be interfered with. CHAPTER V. IMPLEMENTATION AND FINAL PROVISIONS

Sec. 28. National STRAW Commission. - A Students' Rights and Welfare

(STRAW) Commission shall be created, composed of the Department of Education (DepEd), Commission on Higher Education (CHED), Technical Education and Skills Development Authority (TESDA), National Youth Commission (NYC), Commission on Human Rights (CHR), student formations, civil society, and school administrators. It shall oversee implementation, compliance, and grievance handling.

Sec. 29. Monitoring and Review. - The STRAW Commission shall submit an

annual report to Congress and the President. A comprehensive review shall be conducted every three (3) years. Schools shall hold annual student rights orientations.

Sec. 30. Implementing Rules and Regulations. - DepEd, CHED, TESDA, CHR,

and NYC, in consultation with national student formations, and school administrators, shall promulgate IRR within ninety (90) days.

Sec. 31. Administrative Sanctions. - The CHED, DepEd, and TESDA are hereby

vested with powers necessary to investigate and impose administrative penalties to ensure the enforcement of this Act. Any student, member of a student council or student government, or a national organization of student councils or student

governments, or youth organization may file written complaints before the CHED, DepEd, and TESDA. The CHED, DepEd, and TESDA may impose graduated sanctions on schools violating this Act: a) Warning and compliance order; b) Fines from ₽200,000 to P500,000; c) Suspension of programs; d) Revocation of permit or license for grave, repeated violations.

Sec. 32. Penal Provisions. - Any person who willfully and maliciously obstructs

the exercise of rights under this Act shall be liable to imprisonment of one (1) to five (5) years, or a fine of ₽50,000 to ₽100,000, or both. If the offender is a juridical entity, responsible officers shall be held liable. Public officials found guilty shall, in addition, be dismissed from service.

Sec. 33. Interpretation. - All doubts in the implementation and interpretation

of this Act, including its Implementing Rules and Regulations (IRR), shall be resolved in favor of upholding students rights and welfare.

Sec. 34. Separability Clause. - If any part of this Act is declared

unconstitutional, the remainder shall remain valid.

Sec. 35. Repealing Clause. - All inconsistent laws, rules, and regulations,

including provisions of the Education Act of 1982, are repealed or modified accordingly.

Sec. 36. Effectivity. - This Act shall take effect fifteen (15) days after

publication in the Official Gazette or two (2) newspapers of general circulation. Approved.