Protecting students~ rights to choose review centers

Section 2 declares it the State policy to promote and protect the right to education enshrined in the Philippine Constitution.
Section 2 recognizes the complementary roles of public and private institutions in enhancing and strengthening the educational system.
Section 2 imposes on the State the responsibility to ensure students are protected from possible abuses by Higher Educational Institutions (HEIs) related to students’ right to choose their review centers.

Section 3 covers all public and private HEIs, including local colleges and universities.
Section 3 applies to HEIs offering courses requiring professional licensure examinations.

Section 4 identifies specific acts by HEIs that are unlawful in light of students’ freedom to choose their review center.
Section 4(1) prohibits compelling students enrolled in courses requiring professional examinations to take review classes that are not part of the curriculum in a review center of the HEI’s choice.
Section 4(2) prohibits making such review classes a prerequisite for graduation or completion of the course.
Section 4(3) prohibits forcing students to enroll in a review center of the school’s choice and to pay corresponding fees that include transportation and board and lodging.
Section 4(4) prohibits withholding the student’s transcript of scholastic records, diploma, certification, or any essential document needed to support the application for professional licensure examinations in order to compel attendance in a review center of the HEI’s choice.

Section 5 imposes penalties on any HEI official or employee found guilty of violating any unlawful act in Section 4.
Section 5 expressly includes deans, coordinators, advisers, professors, and other concerned individuals.
Section 5 provides a penalty of prision correccional, or imprisonment from six (6) months and one (1) day to six (6) years, and a fine of PHP 750,000.00.
Section 5 requires additional sanctions: the offender shall be suspended from office and his/her professional license revoked.
Section 5 authorizes the Commission on Higher Education (CHED) to impose disciplinary sanctions against the violating HEI official or employee pursuant to Section 13 of Republic Act No. 7722 (Higher Education Modernization Act of 1994).

Section 6 tasks CHED to issue the Implementing Rules and Regulations for the Act.
Section 6 requires CHED to issue the IRR within thirty (30) days after the Act takes effect.

Section 7 contains a separability clause: if any provision is declared unconstitutional, the remaining provisions remain valid.
Section 8 repeals, amends, modifies, or supersedes all laws, presidential decrees or issuances, executive orders, letters of instruction, administrative orders, administrative memoranda, and rules and regulations inconsistent with the Act.
Section 9 states the Act’s effectivity rule: 15 days after publication in the Official Gazette or in two (2) newspapers of general circulation.

The Act originated in the House of Representatives and was finally passed by the House on December 8, 2010 and by the Senate on June 5, 2013.
The Act was approved on August 23, 2013 by the President of the Philippines.