Amending R.A. No. 10931 (Universal Access to Quality Tertiary Education Act)

Piter off; TWENTIETH CONGRESS OF THE REPUBLIC OF THE PHILIPPINES 25 JUL 14 A11:41 First Regular Session SENATE RECEIVED OV S. No. - Introduced by Senator Loren Legarda AN ACT AMENDING SECTION 7 OF REPUBLIC ACT NO. 10931, OTHERWISE KNOWN AS THE "UNIVERSAL ACCESS TO QUALITY TERTIARY EDUCATION ACT", TO ENHANCE THE EFFICIENCY, EQUITY, AND ACCOUNTABILITY OF THE TERTIARY EDUCATION SUBSIDY PROGRAM EXPLANATORY NOTE "Quality education is an inalienable right of all Filipinos," this is the declaration of Republic Act No. 10931 or the Universal Access to Quality Tertiary Education Act (UAQTEA). This landmark law was enacted to ensure that higher education is accessible to all. It aims, among others, to provide adequate funding and mechanisms to increase access to tertiary education, prioritizing academically capable students from economically disadvantaged families. One of the pillars of this act is the Tertiary Education Subsidy (TES), a subsidy to support the cost of tertiary education or any part or portion thereof, established for all Filipino students who shall enroll in undergraduate post-secondary programs of state universities and colleges (SUCs), local universities and colleges (LUCs), private higher education institutions (HEIs), and all technical vocational institutions (TVIs). The TES follows a prioritization system, prioritizing students from households listed in the Listahanan 2.0, ranked by per capita income, followed by those students outside Listahanan 2.0 based on validated income documentation. However, due to budgetary limitations, the second criterion is rarely accommodated. Notably, in private institutions under cities or municipalities without state or local universities and colleges

(PNSLs), the prioritization criteria are not applied, and students are deemed qualified regardless of financial capacity. Over the years, concerning trends have been observed. Findings by the Second Congressional Commission on Education reveal that the share of TES grantees from the poorest households (Pantawid Pamilyang Pilipino Program or 4Ps and Listahanan) has dramatically decreased, from 74.24% in Academic Year (A.Y.) 2018-2019 to only 30.74% in A.Y. 2022-2023. Conversely, students from PNSLs have received the majority of subsidies, increasing their share from 25.76% to 69.26% during the same period. This shift warranted careful reassessment, as it challenges the intent of R.A. No. 10931, which was crafted to ensure that the most vulnerable members of our are and support. society given priority This proposed measure seeks to reinforce the principles of equity in the allocation of TES. It guarantees automatic eligibility for TES to students from 4Ps households, subject only to their successful completion of senior high school and admission to a CHED-recognized higher education institution. The remaining TES slots will then be allocated based on a ranking system of applicants' per capita household income, ensuring equitable distribution of resources. Moreover, this measure strengthens TES's implementation, monitoring, and quality assurance to uphold its integrity and ensure it effectively bridges the gap between poverty and opportunity. Education remains the most effective tool in breaking the cycle of poverty. By ensuring targeted assistance and enhancing student financing schemes, we place those most in need at the forefront of our relentless pursuit of universal and equitable access to education. In doing so, we not only empower individuals to realize their full potential but also drive forward the social and economic development of our nation. In view of the foregoing, the immediate passage of this bill is earnestly sought. LOREN LEGARDA

TWENTIETH CONGRESS OF THE REPUBLIC OF THE PHILIPPINES 25 JUL 14 A11:41 First Regular Session SENATE RECEIVED BY S. No. - Introduced by Senator Loren Legarda AN ACT AMENDING SECTION 7 OF REPUBLIC ACT NO. 10931, OTHERWISE KNOWN AS THE "UNIVERSAL ACCESS TO QUALITY TERTIARY EDUCATION ACT", TO ENHANCE THE EFFICIENCY, EQUITY, AND ACCOUNTABILITY OF THE TERTIARY EDUCATION SUBSIDY PROGRAM Be it enacted by the Senate and the House of Representatives of the Philippines in Congress assembled:

Section 1. Section 7 of Republic Act No. 10931 is hereby amended to read as

follows: "SECTION 7. TES for Filipino Students. - To support the cost of tertiary education or any part or portion thereof, a TES is hereby established for all Filipino students who shall enroll in undergraduate post-secondary programs of SUCs, LUCs, private HEIs and all TVIs. The TES shall be administered by the UniFAST Board and the amount necessary to fund the TES shall be included in the budgets of the CHED and the TESDA: Provided, That [prioritization shall be given to students in the following order: (a) students who-are part of houscholds included in the Listahanan 2.0, ranked according to the estimated per capita household income, and (b) students not part of the Listahanan 2.0, ranked according to estimated per capita household income based on submitted documentation of proof of income to be determined by the UniFAST Boare] SECONDARY EDUCATION STUDENTS FROM HOUSEHOLDS UNDER THE PANTAWID PAMILYANG PILIPINO PROGRAM (4PS)

SHALL BE GUARANTEED TES, CONDITIONAL ON SUCCESSFUL COMPLETION OF SENIOR HIGH SCHOOL AND ACCEPTANCE IN A CHED-RECOGNIZED HIGHER EDUCATION INSTITUTION: Provided, further, That [such] SUBJECT TO AVAILABLE FUNDS, THE REMAINING TES SLOTS SHALL BE AWARDED BASED ON [prioritization shall not apply to Filipino students in cities and municipalities with no existing SUC or LUC campus] THE RANKING OF APPLICANTS BASED ON THEIR PER CAPITA INCOME HOUSEHOLD USING THE MOST UPDATED LISTAHANAN AND/OR SUBMITTED DOCUMENTS AS PROOF OF INCOME. The TES may, among others, and to support the cost of tertiary education or any part or portion thereof, cover the following: (a) FULL [F]tuition and other school fees (TOSF) in private HEIs, and private or LGU-operated TVIs, which shall be equivalent to the tuition and other school fees of the nearest SUC or state-run TVI in their respective areas: PROVIDED, THAT SUCH TOSF SHALL NOT EXCEED THE AVERAGE AMOUNT SPENT BY GOVERNMENT PER STUDENT UNDER THE FREE HIGHER EDUCATION PROGRAMS IN SUCS AND LUCS; PROVIDED, FURTHER, THAT IN CASES WHERE THE TOSF EXCEED THIS AVERAGE AMOUNT, THE UNIFAST BOARD SHALL ADMINISTER GUIDELINES IN SETTING THE AMOUNT OF THE TES; (b) An allowance for books, supplies, transportation, and miscellaneous personal expenses, including a reasonable allowance for the documented rental or purchase of a personal computer or laptop, and other education-related expenses; (c) An allowance for room and board cost incurred by the student; (d) For a student with a disability, an allowance for expenses related to the student's disability, including special services, personal assistance, transportation, equipment, and supplies that are reasonably incurred; and

(e) For a student in a program requiring professional license or certification, the one (1)-time cost of obtaining the first professional credentials or qualifications, which may include the following: application fees, notarial fees, review classes fees, insurance premium fees and documentation fees: Provided, That the amount of subsidy shall be based on the guidelines set forth by the UniFAST Board and on the annual budgetary appropriation for this purpose."

Sec. 2. A new Section 7-A is hereby inserted to read as follows:

"SECTION 7-A. FIXING AMOUNTS UNDER THE TES. - IN DETERMINING THE APPROPRIATE AMOUNTS OF ALLOWANCES AND SUBSIDIES UNDER TES AS PROVIDED IN SECTION 7-A HEREOF FOR PUBLIC STATE UNIVERSITIES AND COLLEGES, AND PRIVATE HIGHER EDUCATION INSTITUTIONS, RESPECTIVELY, THE UNIFAST SHALL BE GUIDED BY THE FOLLOWING: (1) TES IN PUBLIC HIGHER EDUCATION INSTITUTIONS IS FOR ALLOWANCES OF STUDENTS, AND DOES NOT COVER TUITION AND MISCELLANEOUS FEES AS THESE ARE ALREADY COVERED BY THE FREE HIGHER EDUCATION PROGRAM; AND (2) TES IN PRIVATE HIGHER EDUCATION IS FOR FULL TUITION SUBSIDY AND ALLOWANCES OF QUALIFIED POOR BUT DESERVING STUDENTS. PROVIDED, THAT A HIGHER UPPER LIMIT OF THE TES AMOUNT SHALL BE APPLIED FOR STUDENTS THAT WILL ENROLL IN PRIORITY COURSES JOINTLY IDENTIFIED BY CHED AND THE DEPARTMENT OF ECONOMY, PLANNING, AND DEVELOPMENT (DEPDEV). PROVIDED, FURTHER, THAT THE AMOUNTS HEREIN SHALL BE REVIEWED AND ADJUSTED EVERY TWO (2) YEARS TO TAKE INTO ACCOUNT THE CHANGES IN THE COST OF TERTIARY EDUCATION AND

INFLATION."

Sec. 3. A new Section 7-B is hereby inserted to read as follows:

SECTION 7-B. IMPLEMENTATION, MONITORING, AND QUALITY ASSURANCE OF THE TES. - THE UNIFAST SHALL: (1) IMPLEMENT A SYSTEM FOR MONITORING AND VALIDATION TO ENSURE THAT TES ALLOWANCES ARE UTILIZED IN ACCORDANCE WITH THE PURPOSES PROVIDED UNDER SECTION 7, AND IMPOSE SANCTIONS, INCLUDING DISQUALIFICATION FROM THE SUBSIDY, FOR NON-COMPLIANCE; (2) IN CONSULTATION WITH THE DBM AND COMMISSION ON AUDIT (COA), DEVELOP AN EFFICIENT DISBURSEMENT SYSTEM, INCLUDING THE DISBURSEMENT OF ADMINISTRATIVE SUPPORT COST, TO ENSURE TES GRANTEES RECEIVE THEIR SUBSIDIES DURING THE SEMESTER FOR WHICH THEY ARE APPLYING THE TES AS WELL AS TO FUND THE PROVISION OF LEARNER SUPPORT SERVICES, AND MAY UTILIZE THE PHILIPPINE IDENTIFICATION SYSTEM (PHILSYS) TO FACILITATE THE VALIDATION OF ELIGIBLE BENEFICIARIES; (3) COORDINATE WITH THE DEPARTMENT OF EDUCATION, DEPARTMENT OF SOCIAL WELFARE AND DEVELOPMENT, AND OTHER GOVERNMENT AGENCIES, TO ESTABLISH A SYSTEM THAT INFORMS SENIOR HIGH SCHOOL STUDENTS UNDER THE 4PS OF THEIR AUTOMATIC ELIGIBILITY TO RECEIVE TES; AND, (4) MONITOR AND EVALUATE THE TES PROGRAM EVERY FIVE (5) YEARS, INCLUDING THE UTILIZATION OF AN ONLINE INFORMATION SYSTEM TO MONITOR THE PROGRESS OF TES GRANTEES WHILE THEY ARE IN THE HEI, AND TRACER SURVEYS CONDUCTED BY PUBLIC AND PRIVATE HEIS TO

ASSESS AND ENHANCE THE PROGRAM DESIGN AND IMPLEMENTATION, AND UTILIZE THE PHILSYS NUMBERS OF TES GRANTEES FOR MONITORING AND EVALUATION PURPOSES. FURTHER, PUBLIC AND PRIVATE HEIS SHALL UTILIZE THE PHILSYS NUMBERS OF TES GRANTEES FOR MONITORING AND EVALUATION PURPOSES AND LIKEWISE PROVIDE LEARNER SUPPORT SERVICES TO TES BENEFICIARIES, INCLUDING BUT NOT LIMITED TO CAREER COUNSELING, BRIDGING PROGRAMS, AND TUTORIALS. THE CHED, IN COORDINATION WITH UNIFAST, SHALL ESTABLISH A REGULAR QUALITY ASSURANCE PROCESS FOR HEIS ENROLLING TES GRANTEES. THIS SHALL INCLUDE PERIODIC ASSESSMENTS OF BOTH INSTITUTIONAL PERFORMANCE AND PROGRAM QUALITY, WITH A FOCUS ON ACADEMIC STANDARDS, GRADUATE OUTCOMES, AND COMPLIANCE WITH CHED POLICIES. HEIS FAILING TO MEET THE MINIMUM QUALITY STANDARDS SHALL BE REEVALUATED AND MAY BE DISQUALIFIED FROM ENROLLING NEW TES GRANTEES UNTIL COMPLIANCE IS ACHIEVED.

Sec. 4. Implementing Rules and Regulations. - Within sixty (60) days from the

effectivity of this Act, the UniFAST Board, in consultation with the CHED, DepEd, DSWD, TESDA, and other stakeholders in higher and technical education, shall promulgate the revised implementing rules and regulations of R.A. 10931 necessary to ensure the efficient and effective implementation of this Act: Provided, That the failure of the Board to promulgate the said rules and regulations shall not prevent or delay the effectivity and implementation of this Act.

Sec. 5. Separability Clause. - If any portion or provision of this Act is declared

unconstitutional, the remainder of this Act or any provision not affected thereby shall remain in force and effect.

Sec. 6. Repealing Clause. - Any law, presidential decree or issuance, executive

order, letter of instruction, rule or regulation inconsistent with the provisions of this

1 Act is hereby repealed or modified accordingly.

Sec. 7. Effectivity. - This Act shall take effect after fifteen (15) days following

3 its complete publication in the Official Gazette or a newspaper of general circulation. Approved,