Question & AnswerQ&A (Republic Act No. 6425)
The ordinance prohibits school authorities and PTA members in public schools in Quezon City from requiring payment of any fee or voluntary contribution as a prerequisite for the enrollment and/or graduation of students.
Section 17, Article II; Section 1 and Paragraph (2), Section 2, Article XIV of the 1987 Philippine Constitution are cited, emphasizing the State's policy to prioritize education, provide free public elementary and high school education, and promote accessible quality education.
School Authorities refer to the School Head, Principal, Teachers, Non-Teaching Personnel, and other personnel under the control or supervision of the School Head or connected to the school, either directly employed, detailed, or assigned.
PTA Members include parents and teachers who are members of the school organization, regardless of their position, provided their children are enrolled students of the concerned school.
Authorized or voluntary contributions are those allowed by the Department of Education (DepEd) to be collected from students or parents, but these contributions must be voluntary and cannot be a condition for enrollment or graduation.
They are required to post in a conspicuous bulletin board within the school premises the list of school fees and authorized voluntary contributions, with a notice in bold letters stating that these fees and contributions are "ON VOLUNTARY BASIS."
Violations of the prohibition on requiring payment as a condition for enrollment or graduation are punishable by a fine of Five Thousand Pesos (P5,000.00), or imprisonment of one year, or both, at the court's discretion. Administrative cases may also be filed.
The School Head, Principal, and PTA President will each be fined One Thousand Pesos (P1,000.00) for violating the posting requirement.
The City Schools Superintendent of Quezon City is tasked with overseeing and monitoring compliance with the ordinance in all public elementary and high schools.
The ordinance supports the "No Collection Policy" issued in DepEd Order No. 19, S-2008 and reaffirmed in subsequent DepEd Orders No. 40, S-2008 and No. 40, S-2009, which mandates that contributions be voluntary and no payment can be a condition for enrollment or graduation.
If any section or provision is declared invalid or unconstitutional by a competent court, the remaining sections or provisions unaffected by such declaration remain in full force and effect.
The ordinance is enacted under Section 458 (a)(1)(v) of Republic Act No. 7160 (Local Government Code of 1991), which empowers the City Council to enact ordinances to prevent fraudulent devices or ways to obtain money or property.