Student-choice protection: unlawful acts
- Section 4 treats the following acts by HEIs as unlawful in recognition of students’ freedom to choose their review centers:
- 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 chosen by the HEI.
- 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 HEI’s choice and to pay corresponding fees that include transportation and board and lodging.
- Section 4(4) prohibits withholding a student’s transcript of scholastic records, diploma, certification, or any essential document needed for the student’s application for professional licensure examinations, in order to compel attendance in a review center chosen by the HEI.
Penalties for HEI violations
- Section 5 provides criminal liability for any HEI official or employee, including deans, coordinators, advisers, professors, and other concerned individuals, found guilty of violating Section 4.
- Section 5 imposes the penalty of prision correccional (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 the offender’s 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, the Higher Education Modernization Act of 1994.
CHED implementing rules
- Section 6 tasks CHED to issue the implementing rules and regulations for Republic Act No. 10609.
- Section 6 requires CHED to issue these implementing rules within thirty (30) days after the law takes effect.
Separability, repeal, and effectivity
- Section 7 provides a separability clause: if any provision is declared unconstitutional, the remaining provisions remain valid.
- Section 8 contains a repealing clause: all laws, presidential decrees or issuances, executive orders, letters of instruction, administrative orders, administrative memoranda, and rules and regulations inconsistent with Republic Act No. 10609 are amended, modified, or repealed accordingly.
- Section 9 establishes effectivity: Republic Act No. 10609 takes effect fifteen (15) days after its publication in the Official Gazette or in two (2) newspapers of general circulation.
Title, approval date, and approval context
- Section 1 states the short title: “Protection of Students’ Right to Enroll in Review Centers Act of 2013.”
- The Act was approved on August 23, 2013.
- Republic Act No. 10609 was passed by the House of Representatives and the Senate on December 8, 2010 and June 5, 2013, respectively.