No permit, no exam is now illegal

Dear PAO,

My husband got involved in a motor vehicle accident, and he was unable to go to work for a prolonged period of time. Thus, we were unable to pay our daughter’s tuition on time. I’m afraid that she won’t be able to take her scheduled periodic and final exams since she won’t be issued exam permits. I’m a housewife, so we just depend on my husband’s income. Can our daughter be allowed to take her periodic and final exams even if we haven’t settled her school fees? Thank you.

Kristine

Dear Kristine,

To end the shaming and discrimination of less fortunate students, all public and private educational institutions are now mandated by law to accommodate and allow disadvantaged students, who are unable to pay tuition and other fees, to take the scheduled periodic and final examinations without requiring a permit. This is specifically provided under Section 4 of Republic Act (RA) 11984, otherwise known as No Permit, No Exam Prohibition Act, which states that:

“SEC. 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 Students 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 (OSWD), 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 good 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.”

Thus, in your situation, considering that you are not able to pay your daughter’s tuition fee due to the accident that your husband experienced, you may talk to the school for consideration as a disadvantaged student or secure the necessary certification on your daughter’s disadvantaged status from the municipal, city, or provincial social welfare and development officer, or the regional office of the Department of Social Welfare and Development due to other good or justifiable reasons, so that she may be able to take her periodic or final examinations in the school.

Nevertheless, this shall be without prejudice to the right and power of your daughter’s school to require the submission of a promissory note, or withhold records and credentials of your daughter, and such other legal and administrative remedies available to them for the collection of unpaid fees.

We hope that we were able to answer your queries. This advice is 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.

Editor’s note: Dear PAO is a daily column of the Public Attorney’s Office. Questions for Chief Acosta may be sent to [email protected]