Dear PAO,
I enrolled my daughter in one of the private colleges in Batangas. She is now in her third year college. In 2025, I was suddenly dismissed from employment, so I was unable to pay her tuition fees. During the previous major examinations, her teacher did not allow her to sit for the exams due to the unpaid balance on her tuition fees. According to the teacher, the school implements a “No Permit, No Exam Policy.” Is this policy legal?
Angelita
Dear Angelita,
The school’s “No Permit, No Exam” policy is illegal.
On March 11 2024, H. E. President Ferdinand R. Marcos Jr. signed into law Republic Act (RA) 11984, otherwise known as the “No Permit, No Exam Prohibition Act,” banning all public and private institutions from denying students with unpaid tuition and other fees the right to take examinations. This Act is consistent with the State’s policy to make education accessible to all citizens regardless of their economic status.
In this regard, Section 4 of the said law mandates that all educational institutions shall allow disadvantaged students, who are cleared by the Department of Social Welfare and Development (DSWD), to take part in their periodic or final examinations even without permits and notwithstanding their unpaid financial obligations, to wit:
“Section 4. Mandate of Educational Institutions to Disadvantaged Students. – All public and private educational institutions covered by this Act are hereby mandated to accommodate and allow Disadvantaged Student unable to pay tuition and other fees to take the scheduled periodic and final examinations without requiring a permit: Provided, however, That in the case of K to 12 students, the mandate shall be for the entire school year: Provided, That the Municipal, City or Provincial Social Welfare and Development Officer, or the Regional Office of the Department of Social Welfare and Development (DSWD), as the case may be, shall issue the necessary certificate on the disadvantaged status of the student due to calamities, emergencies, force majeure and other food or justifiable reasons in accordance with the rules and regulations to be issued by the DSWD: Provided, further, That this Act shall be without prejudice to the right and power of educational institutions to require the submission of a promissory note, withhold records and credentials of students and such other legal and administrative remedies available to them for the collection of unpaid fees: Provided, finally, That educational institutions may voluntarily, without need of the certification mentioned herein, allow a Disadvantaged student with outstanding tuition and other fees to take examinations and release their relevant records and credentials in accordance with its policies, rules and regulations.”
Moreover, any educational institution found guilty of violating this Act shall be penalized with administrative sanctions by the Department of Education (DepEd), Commission on Higher Education (CHED), and Technical Education and Skills Development Authority (Tesda), as prescribed in Section 5 thereof, which reads:
“Section 5. Administrative Sanctions. – All covered public and private educational institutions found guilty of violating Section 4 of this Act shall be subject to administrative sanctions that may be imposed by the Department of Education, Commission on Higher Education, and Technical Education and Skills Development Authority, as the case may be.”
Hence, applying the foregoing to your case, the school was incorrect in applying the No Permit, No Exam policy to their students. If the college indeed denied your daughter from taking in an examination on account of unsettled tuition fees; then, you may lodge a complaint before CHED for violation of this Act.
We hope that we were able to answer your queries. This advice was based solely on the facts you have narrated and our appreciation of the same. Our opinion may vary when other facts are changed or elaborated.
Thank you for your continued trust and support.
Editor’s note: Dear PAO is a daily column of the Public Attorney’s Office. Questions for Chief Acosta may be sent to dearpao@manilatimes.net
