Policies, Guidelines and Procedures Governing Increases in Tuition and Other School Fees, and Introduction of New Fees, by Higher Education Institutions for the Law Program

December 29, 2016

LEB MEMORANDUM ORDER NO. 08-16

 

Pursuant to the pertinent provisions of Republic Act No. 7662, otherwise known as the "Legal Education Reform Act of 1993," these policies, guidelines and procedures are hereby adopted in all higher education institutions that operate academic law programs, as approved by the Legal Education Board (LEB) under Resolution No. 2016-74 during its 58th (Regular) Board Meeting, upon due consultation with the legal education sector on November 28, 2016.

These guidelines are grounded on the Supreme Court ruling in Lina vs. Carino (G.R. No. 100127, April 23, 1993) regarding the authority of the then Department of Education Culture and Sports devolved to the CHED, and eventually to this Office upon its constitution in September 2009 over law programs; the Constitutional provision which allows for reasonable State supervision over all higher education institutions; as well as the decision of the Supreme Court in "St. Joseph College vs. St. Joseph College Workers Association" (G.R. No. 155609, January 17, 2005).

ARTICLE I

Statement of Policy

1. Pursuant to the declared policy of the State that the national government shall contribute to the financial support of the education programs such as law programs, pursuant to the goals of education as enunciated in the Constitution, the LEB shall:

1.1 Adopt measures to broaden access to education by ensuring the reasonableness and propriety of tuition and other school fees charged to law students in higher education institutions (HEIs) offering law programs;

1.2 Encourage private support to the legal education sector, through fiscal and other assistance measures for the sustainability and viability of school operations taking into consideration factors such as the regional inflation rate;

1.3 Ensure that the imposition, collection, and increase in tuition, other school fees, and the introduction of new school fees shall be allowed provided these are transparent and compliant with the requirements set forth by law and this regulation;

1.4 All charges, increases, and impositions on tuition and other school fees of HEIs that operate the Law program which have passed through the consultation process and other requirements herein provided shall be deemed reasonable and therefore collectible. In approving these abovementioned charges, the LEB may consider other factors, such as:

a. Regional Inflation Rate (RIR) as may be determined by the NEDA (prevailing economic conditions as shown by various economic indicators such as the consumer price index, incidence of poverty);

b. Financial standing of the HEI offering the Law program;

c. Financial capacity of the Law student population;

d. Impact of force majeure or calamities;

e. Quality track record of the HEI's Law program; and

f. Mission and vision of the HEI.

ARTICLE II

Coverage

2. These policies, guidelines and procedures shall cover the increase in tuition and other school fees including the introduction of new fees, in both public and private HEIs offering law programs.

3. Tuition and other school fees which may be charged by the HEIs offering law programs to its incoming freshmen law students are not covered by these guidelines. HEIs offering law programs, however, are directed to post in conspicuous places in their premises the schedule of tuition fees for incoming freshmen in law programs on or before February 28 of the academic year preceding the Academic Year (AY) that the rates are to take effect. A certification that such posting requirement has been accomplished is deemed an important pre-requisite for the approval of the LEB on such tuition rate for freshmen law students in the succeeding AY of implementation.

ARTICLE III

Consultation Process and Requirements

For purposes of this Guidelines, consultation shall refer to actual meetings and/or discussions on the advantages and disadvantages of the proposed increase wherein the participants are given an opportunity to air their objections, sentiments and the like, examine the records and rationale of the intended increases and charges, without fear, and under a free and candid atmosphere.

4. The Consultation Process — All public and private HEIs offering law program intending to increase their tuition and other school fees, and introducing new fees for law programs in the ensuing Academic Year (AY) shall conduct consultations, as defined hereunder, with their law student council/governments, and their law faculty, and law alumni, as follows:

4.1 In the absence of a law student council/government in an HEI offering law programs, representatives of the Law student body numbering not more than ten (10) shall be selected by the HEI from the recognized Law student organizations who may participate in the consultation.

4.2 The consultation must be initiated by the Presidents/Heads of HEIs offering law programs or their duly authorized representatives. They shall inform the LEB about the proposed date, time and place of such consultation at least fifteen (15) days before the actual dates of consultations. Parents of bona fide Law students may attend the consultation as observers. During the consultation, the LEB may send a representative, if deemed necessary by the LEB.

4.3 The HEIs offering the Law program intending to implement increases and charges referred to in these guidelines shall include the information on the collections, duration and justification on the charging of other school fees and similar requirements during the consultation.

5. Requirements

5.1 Notice — Notices must be sent to and received by all parties involved and shall be posted conspicuously on the HEI's bulletin boards and websites at least fifteen (15) days before the actual dates of consultations with their respective constituents.

 The HEIs' latest audited financial statements shall be made available to the consultation participants upon request.

5.2 Consultation Period — The consultation period must be completed not later than February 28 of the academic year preceding the AY that the intended increases and new fees shall take effect.

6. Procedures

6.1 For Public HEIs offering the Law program

 As provided in the "Higher Education Modernization Act of 1997" (R.A. No. 8292), the governing boards of State Universities and Colleges (SUCs) shall have the power to fix the tuition fees and other necessary school charges such as, but not limited to, matriculation fees, and graduation fees as their respective board may deem proper to impose after due consultations with the involved sectors. This shall include all the fees referred to in this Guidelines for law programs.

 Corollarily, the respective governing boards of Local Universities and Colleges (LUCs) with authority to offer the law programs shall have the prerogative to fix the fees enumerated above for SUCs, subject to the same requirement of due consultation with the constituents or interested applicants to the said LUC's law programs.

 The Presidents/Heads of public HEIs shall certify under oath that the required consultation has been conducted, certification of which shall be submitted to the LEB, within fifteen (15) days from the date of termination of the proceedings relative thereto.

 The LEB takes due note that under R.A. No. 8292, every state university and college shall adopt and implement a socialized tuition fee scheme approved by its Board of Regents/Trustees. Relative to law programs, such scheme which is aimed at democratizing access to quality higher education particularly the law program, shall be based on the law student's family income/financial capacity, with law programs and course offerings harmonized with the LEB's policy reforms in legal education pursuant to its mandate under R.A. 7662.

6.2 For Private HEIs offering the Law program

 The following documents duly notarized must be submitted to the LEB on or before the 15th day of April of the year of the HEI's approved planned tuition and/or other school fees increase for the Law Program that shall take effect:

(1) A Letter of Advice (LOA) signed by the President/Head of the HEI informing the LEB of its intention to increase tuition and/or other school fees;

(2) A Certificate of Intended Compliance (COIC);

(3) A Certificate of Compliance (COC);

(4) A comparative schedule of tuition and other school fees for the current Academic Year (AY) and the proposed increases for the ensuing AY with the difference(s) expressed in both peso and percentage terms;

(5) A Certification that shall include all information on the conduct and results of such consultation, including objections raised by the law student government/council or representative group, the faculty association, and/or other parties to the consultation. Such formal objections if presented, including counter proposals where made, should form part of the information required in the certification; and

(6) A list of officers of the law student council/government and/or in their absence, the duly recognized law student organization/societies with their corresponding officers.

6.3 The Certificate of Intended Compliance (COIC) shall state that:

 FOR INTENDED INCREASE IN TUITION, seventy percent (70%) of the proceeds to be derived from the tuition fee increase shall be used for the payment of increase in salaries, wages and allowances and other benefits of its teaching and non-teaching personnel and staff, except administrators who are principal stockholders of the HEI, and may be used to cover increases as provided for in the Collective Bargaining Agreement (CBA), if any, existing or in force at the time when Republic Act (RA) 6728 was approved and made effective. At least twenty percent (20%) shall go to the improvement of buildings or other facilities required for the offering of law programs pursuant to the policies and standards of the LEB. The COIC shall be certified under oath by the head of the HEI offering the law program.

6.4 The Certificate of Compliance (COC) shall state that:

 FOR INCREASE IN TUITION, seventy percent (70%) of the proceeds derived from the tuition fee increase for the current school year are being used for the payment of increase in salaries, wages, allowances and other benefits of its teaching and non-teaching personnel and other staff, except administrators who are principal stockholders of the HEI, and may be used to cover increases as provided for in the Collective Bargaining Agreement (CBA), if any, existing or in force at the time when RA 6728 was approved and made effective. At least twenty percent (20%) shall go to the improvement of buildings or other facilities required for the offering of the Law Program pursuant to the policies and standards of the LEB. The COC shall be certified under oath by the President/Head of the HEI offering law programs.

7. Authority of the LEB

Upon full compliance with the procedures and requirements provided in these guidelines, the LEB shall be the exclusive body with authority to approve, disapprove or modify any intended increase in tuition fee, other school fees and charges, as well as imposition of new fees of HEIs operating law programs.

The decision of the LEB as described above shall be relayed to the applicant HEI offering law programs as far as practicable not later than May 15 of the year of intended increase or charges, provided all the necessary requirements have been met by the applicant HEI offering law programs. The LEB's decision shall be deemed final and executory.

HEIs offering law programs with approved tuition and other school fee increases and new fees shall submit a report to the LEB within thirty (30) days after each AY of implementation. It shall include information on the amount of incremental fees collected, and its utilization, duly certified to by the HEI's President/Head and the School Treasurer.

ARTICLE IV

Complaints and Grievances; Sanctions for Violations

8. All complaints and grievances regarding increases in tuition, other school fees and new fees without the benefit of consultation shall be reported/endorsed by the recognized and legitimate law student council to the LEB within thirty (30) days after the consultation period conducted by the HEI offering law programs.

9. Charges and impositions on miscellaneous and other school fees collected and found to be without the benefit of consultation or in violation of the provisions of these guidelines, shall be disallowed, and the HEI offering law programs shall be ordered to refund any such fee to the law students if already collected. The HEI's Treasurer shall hold such sum(s) in trust for the students in the financial books of the HEI.

10. In case of any violation of the provisions of this Guidelines, the LEB after duly verifying and evaluating the existence of such violation through documents submitted to the LEB by the concerned party, may bar the HEI or cancel its application for fee increase and introduction of new fees intended for law programs, without prejudice to the filing of administrative and other proper charges against it and/or its responsible officers acting knowingly under existing laws. The imposition of penalties such as revocation of permits, downgrading of status, phase-out and such other penalties may likewise be validly imposed by the LEB to the concerned HEI after due process.

11. Any HEI offering law program that shall refuse to furnish copies of its latest audited financial statements as requested by authorized parties in the process of consultation shall forfeit its right to increase its other school fees and introduce new fees, in addition to other penalties or sanctions as may be imposed by the LEB.

ARTICLE V

Repealing Clause

12. All previous issuances by previously authorized agencies concerning tuition fee increases and other school charges for the Law Program of HEIs operating this course, issued by said body or agency prior to these guidelines shall be deemed repealed, revoked or rescinded effectively beginning AY 2017-2018.

ARTICLE VI

Transitory Provision

13. All HEIs offering law programs shall submit a schedule of tuition and other school fees as approved by the Commission on Higher Education for AY 2015-2016 and AY 2016-2017 on or before February 15, 2017. Otherwise, no applications for increase in tuition fees and other school charges for the law programs of HEIs offering this course shall be received and acted upon by the LEB for AY 2017-2018.

ARTICLE VII

Effectivity

14. This Guidelines shall take effect fifteen (15) days after publication in a newspaper of general circulation and filing of a copy with the Office of the National Administrative Register at the U.P. Law Center. This Guidelines shall be enforced starting AY 2017-2018 for tuition and other school fee increases including new school fees, and until revoked or amended.

Manila, Philippines, December 29, 2016.

(SGD.) EMERSON B. AQUENDEChairman