Documentos de Académico
Documentos de Profesional
Documentos de Cultura
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Foreword
Welcome Students!
It is, undoubtedly, a must to promote and maintain peace and tranquility of the
University and, by doing so, attain harmonious relationships with fellow students, the
teaching and academic staff and other personnel, and ultimately, foster an
environment conducive to learning and growth.
Again, welcome and enjoy your stay at the city-funded University of the City of
Makati…the University of Makati or UMak.
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Table of Contents
Foreword 3
Acronyms 8
Preliminaries
Makati Hymn 9
University Hymn 9
Philosophy 9
The University of Makati Story 10
Vision 14
Mission 14
Goals 14
Objectives 15
University Seal 15
Board of Regents 16
Executive Committee 16
Academic Colleges/Centers/Schools 17
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13. Issuance of Transcript of Records, Transfer 30
Credentials, Form 137-A
14. Issuance of Requested Certification 30
B. Academic Policies
1. General Weighted Average - (For 1st year going 31
to 2nd year students)
2. Quota System and Qualifying Examinations 31
3. Students Appealing for Re-Admission 31
4. Student Appealing for Admission 33
5. Students Appealing for Retention 33
6. Procedure for Appeal 33
7. Retention Policies 33
8. Dropping of Course(s) 34
9. Amendment of Grades 35
10. Leave of Absence 35
11. Marks of 4.0 or Conditional Failure and Incomplete 35
12. Crediting of Courses 36
13. Equivalence 36
14. Overload of Graduating Students 36
15. Maximum Residency Requirements 37
16. Prerequisite 37
17. Cross Enrollment 37
18. Transfer Credentials (Honorable Dismissal) 38
19. Graduation Requirements 38
Academic Awardees or Graduates with Honors 38
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1. Collection of Membership Fees 52
2. Budget Approval 52
3. Allotment of Funds 52
4. Disbursement of Funds 52
5. Liquidation of Cash Advances 53
6. Expenditures of Self-Generated Revenues 53
7. Purchasing Non-Expendable Property 53
8. Supervision of Organizations 53
9. Supreme Student Government 54
a. College Student Council Representatives 54
b. Electoral Process 54
10. University Library 54
a. Entrance Policy 54
b. Borrowing Books 54
c. Returning Books 55
d. Renewal/Reloaning of Books 55
e. Fines 55
f. Lost or Damaged Library Books on Loan 55
g. Unsettled obligations 55
h. Use of Discussion Room: Graduate and 55
Allied Health Library
i. Frequently Asked Questions 56
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K. Supply and Property Management Office 74
L. Corporate Communications Center 74
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ACRONYMS
8
MAKATI HYMN ALMA MATER SONG
I (University Hymn)
Minsan mayro‘ng isang bayan I
Na halos bilang ang daan We cheer to thee Alma Mater
Ilang kabahayan napapaligiran Dear University of Makati
Ng sapa at talahiban Rejoice we‘re here,
onward marching
II Be it shine, storm cloud or rain
At iyan ang aking nagisnan Let all our voices keep ringing
Ang kwento ni Lola minsan For the glory of our Alma Mater
Takang-taka ako, ibang-iba ito Pride of Makati
Sa ngayong kabihasnan and of our Fatherland
Beloved UMak proudly stands
Refrain:
Makati, Makati, ‗Yan ang bayan II
Pinakamaganda siya Arise, thy sons and daughters
kanino man Fill the air with the joy
Makati, Makati ‗Yan ang tunay of Alma Mater
Unang-una siya ang kulay Resound our
Nitong aking buhay gladness and tidings
Every echo by far and near
III Hail to thee
Kayong mga kaibigan ko our dear beloved UMak
Tiyak na maiibigan n‘yo Faithfully we brace
Dito manirahan our mind and spirit
sa tangi kong bayan We‘re proud to be
Makati po lamang. at thy command
Future builders of this land
(Repeat Refrain & III)
(Repeat II)
Coda:
Dear University of Makati,
Future builders of this land.
PHILOSOPHY
University of Makati
is the University of the City of Makati.
We serve the children of less privileged citizens of the City
so they can actively participate in and
competitively partake of the City‘s economic progress.
We must never forget who we are, whom we are for,
and what we have to do for those for whom we are.
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THE UNIVERSITY OF MAKATI STORY
Originally located at the corner of Osmeña Highway and Sen. Gil Puyat
Avenue, MPCC was initially conceived as a technical college with courses offered in
the areas of industrial and business technology. As a community college, it was
authorized by law to offer courses for the upgrade, development, or re-orientation of
skills in both degree and non-degree levels.
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Elevation to a Chartered University
The integration of the former Fort Andres Bonifacio College paved the way
for the elevation of the college to a university through Resolution No. 242, which was
approved by the Municipal Council on March 13, 1990. By virtue of Municipal
Ordinance No. 433, series of 1991, Makati College was renamed Pamantasan ng
Makati (PnM) and operated as a chartered university beginning December 19, 1991.
Soon after, PnM transferred to its current site along J. P. Rizal Extension in West
Rembo.
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A Legacy of Institutionalizing a New Education Paradigm
As the government laid the
ground work for the senior high school
program in 2011, UMak accepted the
challenge to become one of the model
schools, introducing its version with its
trademark Filipino legacy integration –
the Higher School ng UMak (HSU) –
beginning Academic Year 2012-2013,
and coinciding with the 40 milestone
years of the University. The tripartite
Memorandum of Agreement between
the City of Makati, the Department of UMak is a pioneer of the senior high school
Education, and the Technical program and has produced the largest number of
Education and Skills Development Grade 12 graduates in the country since 2014.
Authority, another UMak milestone,
was signed on August 15, 2012. And in April 2014, HSU made history as more than
3,000 of its students became part of the first and biggest batch of senior high school
graduates in the country.
In June 2013, the School of Continuing Professional Education was
relaunched offering market-driven executive, equivalency and ladderized programs in
governance and management, business, IT, and post-baccalaureate innovative
education, utilizing fast-paced, customized and modular teaching methods. The
continuous upgrading of the quality of academic programs and administrative
processes has allowed the University to break new grounds in local governance,
business management, information technology, and teacher education, not only for
Makati but for the rest of the country.
A new addition to the UMak academic roster is the College of Maritime and
Leadership Innovation established through BOR Resolution No. 2014-039.
Launched in Academic Year 2014-2015, the college gave opportunities to students
from different parts of the country for a ―study-now, pay-later‖ program in a high-
paying industry with huge overseas demand for Filipinos. Through a responsive, well-
connected, and generous industry partner, training facilities, highly-qualified trainers
and instructors are made available, deployment for actual shipboard training is
facilitated, and employment is guaranteed after graduation. Following this academic
partnership model, the College of Construction Sciences and Civil Engineering was
recently introduced to address the growing demand for skilled graduates in the fields
of construction sciences and engineering.
Through the years, the educational landscape has continued to change
rapidly and UMak has responded with innovative strategies, such as the blended
learning of classroom teaching embedded with cutting edge technology and online
delivery mode. Moreover, students are provided opportunities for industry and
workplace exposure in collaboration with the University‘s growing roster of
established and well-known industry partners. Students are, therefore, well-rounded
and better prepared for the workplace theoretically, through the academicians and
an applicable, industry-specific curriculum, and experientially, through the
practitioners and relevant on-the-job training and internship in the industry where
they will employed.
These innovations developed, realized and institutionalized, especially in
the last five years, are testaments of a new education paradigm that UMak is
bringing forth as its legacy to the Philippine educational system.
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Redefining Higher Educational Goals, Strategies and Strengthening Processes
For over four decades, UMak has made a mark as a globally competitive
educational institution, confronting the new frontier, and institutionalizing a new
education paradigm as it moves towards technology-based education to build an
innovative nationwide agenda for the youth.
As UMak approaches its golden year and the third decade of the
millennium, it reflects on its purpose and vision as a University – redefining its higher
educational goals, strategies and strengthening processes. All these so that UMak
can continue to blaze the trail of education innovation, producing graduates
equipped with the most relevant knowledge, progressive skills and desirable attitude
necessary to be productive and prosperous citizens of the world.
UMAK VISION
UMAK MISSION
GOALS
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OBJECTIVES
The TORCH symbolizes the light that guides the University in its devotion to
serve the nation through instruction, research and community extension.
The HANDLE OF THE TORCH has three nodes historically signifying the
progressive transformation of the school from Makati Polytechnic Community College
to Makati College and finally to UNIVERSITY OF MAKATI.
The RAYS OF THE TORCH represent the geographic pattern of Makati and
its 33 barangays that the University has pledged to serve.
The GEAR stands for the business course the University initially offered
when it was established in 1972. It aims to meet the demands of Makati and to
further affirm the city‘s distinction as the foremost business center of the country.
The TRIANGLE denotes technology, Industrial Technology, one of the
original courses the institution developed. The University also aims to utilize all
existing technologies in order to provide the highest quality of instruction in the
academe.
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BOARD OF REGENTS
The Board of Regents (BOR) - The government body and corporate powers
of UMak shall be vested in and exercised by the Board of Regents which is composed
of the following:
1. The City Mayor who shall automatically be the Chair of the BOR; He/She will
be the Presiding Officer at every meeting of the BOR;
2. The President of the University who shall act as the Presiding Officer of the
BOR in the absence of the Chair;
3. The Vice Chairman who shall be the Chair of the Committee on Education of
Sangguniang Panlungsod of Makati. He/She shall represent the
government sector in the BOR;
4. The Vice Chairman who shall be the President of a reputable private
company in Makati chosen and appointed by the City Mayor and shall
represent the business sector in the BOR;
5. The Director of the Commission on Higher Education in the National Capital
Region (NCR);
6. The Director of the Technical Education and Skill Development Authority in
NCR;
7. The superintendent of the City Schools of Makati who shall serve as the
representative of the Department of Education in the BOR;
8. The Faculty Representative of the University;
9. The Student Council Representative of the University;
10. The Alumni Representative of the University;
11. The two representatives from the Non-Government Organizations (NGO) and
People‘s Organizations (PO) in Makati to represent the private sector who
shall be appointed by the City Mayor; and
12. Board of Regents of UMak shall have a Board Secretary appointed by the
Chairman and whose term of office is co-terminus with the Chairman.
He/She shall likewise serve as the ExCom Secretary.
EXECUTIVE COMMITTEE
Note: All acts and resolution approved by the ExCom shall be ratified by the BOR.
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ACADEMIC COLLEGES/CENTERS/SCHOOLS
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College of Governance and Public Policy (CGPP)
CGPP is UMak‘s teaching, research and training hub for politics, public
administration, development and governance. It offers baccalaureate and post-
baccalaureate programs in political science and public administration, and the same
fields of specialization under the executive program to government officials,
employees and staff.
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SECTION I: ADMISSION REQUIREMENTS, PROCEDURES AND FINANCIAL
ASSISTANCE
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c. Pay Php50.00 Registration and Testing Fee (UMak Cashier-
Ground Floor, Administration Building) and secure the
examination schedule and permit from the TASC;
d. Take the CQE based on the schedule of examination provided;
e. If admitted, secure the Notice of Admission based on the schedule
given by TASC;
f. Proceed to the UMak Medical and Dental Office for medical and
dental examination;
g. Qualified applicant will be tagged on the academic program of
his/her choice based on the academic grade required by the
college/center.
h. Claim College Admission Notice and password for Online
Enrolment; and
i. Proceed to Online Enrolment of academic program qualified in,
through the UMak website.
4. Admission Test
a. All freshmen-applicants for collegiate admission are required
to take the CQE. This examination covers Language Skills
(English and Filipino), Mathematics, General Physics, Science
and General Information which will be conducted in three
hours. In addition, a Personality Test will be administered.
5. College Transferees
a. Admission Qualifications
i. College student who completed at least two semesters
with a General Weighted Average (GWA) equivalent to
85% and above, and with the following requirements:
(1) No failing grades acquired and accumulated for a
total of nine units in one semester, or accumulated
for a total of 15 units in different semesters
(2) No remarks in the Transcript of Records (TOR) of
Unofficially Dropped (UD) accumulated for a total of
15 units
ii. College graduate who wish to pursue another academic
program
b. Admission Requirements
i. CQE result
ii. Two 1.5‖ x 1.5‖ ID Picture
iii. Photocopy of TOR or Certified True Copy of Grades
iv. Photocopy of Honorable Dismissal
v. Photocopy of NSO Birth Certificate
vi. Residency Verification Form (from the Accounting Office)
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c. Admission Process
i. Apply for the CQE online, through the UMak website (On
scheduled date, proceed to UMak Accounting Office for
Residency Verification);
d. Admission Test
All college transferees are required to take the CQE and
Personality Test.
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B. Scholarship and Student Financial Assistance Programs
The program has been centralized to include all scholarship and financial
assistance programs offered by UMak. It advocates excellence in education
through the granting of endowments to deserving students of Makati based
on academic performance, talent, financial need and community
involvement. Full scholarships or 100% exemption from payment of basic
tuition fee, and partial scholarships or 50% exemption from payment of
basic tuition fee are awarded.
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SECTION II: ACADEMIC PROCEDURES AND POLICIES
A. Academic Procedures
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(2) Strictly follow the total number of units allowed
every term;
(3) For students who want to apply for change in
residency, download and print the residency
verification form from the UMak website enrollment
page (http://umak.edu.ph/olea). Fill out the form
completely and submit the form with the
requirements to the Accounting Office for approval.
(4) For the students who want to apply for scholarship,
download and print the scholarship application form
from the UMak website home page
(http://umak.edu.ph/) and enrollment page
(http://umak.edu.ph/olea). Fill out the form
completely and submit the form with the
requirements to the TASC for approval.
iii. Print class schedule with Assessment online;
iv. Pay the token and other miscellaneous fees at the Cash
Office;
v. Print COR online; and
vi. Proceed to the Office of the Registrar for ID validation.
b. Reminders:
i. Only students who are cleared from
accountabilities/responsibilities and have secured ROG
online may access the Online Registration.
ii. Choose course/s and class schedule carefully before you
click the ―SAVE‖ button.
iii. Pre-requisite course/s must have been taken and
passed before enrolling the advanced course/s,
otherwise, it will not be given credit.
iv. Only graduating students are allowed to have an
overload, provided it will not exceed 28 units.
b. Procedure:
i. Secure advising slip for the Change of Matriculation from
the Office of the Registrar;
ii. Fill out the advising slip with the course/s to be
added/changed/dropped, then seek the approval of the
concerned Professor/Department Head/Dean or
Executive Director of the College/Center/School:
(1) Once approved, proceed to the Office of
the Registrar for encoding and issuance of
payment slip;
iii. Proceed to the Cash Office for payment;
iv. Proceed to the Office of the Registrar for the printing of
the Change of Matriculation form; and
v. Affix and receive copy of Change of Matriculation form.
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(1) Once the completion form is signed by
the Dean/Executive Director of the
College/Center/School, it is submitted
to the Office of the Registrar.
(2) The Office of the Registrar machine
validates the completion form and
issues the original copy to the student.
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13. Issuance of Transcript of Records, Transfer Credentials and Form 137-A
a. Requirements:
i. Any valid ID
ii. Authorization letter and valid ID with photocopies (if the
owner is not present to claim the requested documents)
b. Procedure:
i. Secure clearance form and payment slip from the Office
of the Registrar;
ii. Seek clearance by securing the authorized signature/s
from each of the offices indicated in the form and pay
the necessary fees to the Cash Office;
iii. Submit the accomplished clearance form and the official
receipt to the Office of the Registrar;
iv. Receive the claim stub indicating when to claim the
requested document (average of 18 working days);
v. The Office of the Registrar processes and prints the
requested records. and
vi. Claim the requested documents on the scheduled date
indicated in the claim stub.
a. Requirements:
i. Any valid ID
ii. Authorization letter and valid ID with photocopies (if the
owner is not present to claim the requested documents)
b. Procedure:
i. Secure clearance form and payment slip from the Office
of the Registrar;
ii. Seek clearance by securing the authorized signature/s
from each of the offices indicated in the form and pay
the necessary fees to the Cash Office;
iii. Submit the accomplished clearance form and the official
receipt to the Office of the Registrar;
iv. Receive the claim stub indicating when to claim the
requested document; and
v. The Office of the Registrar issues the requested
document upon presentation of the claim stub of the
student.
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B. Academic Policies
1. General Weighted Average (GWA) – (for 1st Year Going to 2nd Year
Students)
a. The University Council (UC) and Executive Committee (EXCOM)
approved GWA for incoming second year students is 2.25.
b. The GWA of all first year students will be computed after the first
and second semesters.
c. Computation of GWA will not include grades in Physical Education
(PE) and ROTC.
d. Students who did not qualify or will not be allowed to continue
their program are advised to transfer to any three-year program
offered by the College of Engineering and Technology
Management (CETM).
e. Students who decide to transfer to another school/university may
secure their Transfer Credentials from the Office of the Registrar.
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b. Transferees
Transferees are students who were previously enrolled in other schools
who wish to continue their program in University of Makati. They are
further classified as follows:
i. Makati residents who graduated from/enrolled in
schools outside Makati.
ii. Honor students/Dean‘s listers
iii. Students with GWA of 2.01-2.05 or better
c. Returnees
Returnees are undergraduate students who were previously enrolled in
University of Makati. They are further classified as follows:
i. Enrolled before the implementation of the Leave of
Absence (LOA) Policy (in effect in June 1997)
ii. Unofficially Dropped (UD) students who will be treated as
freshmen on a probationary status
iii. Students who failed to enroll for not more than two
semesters, with GWA of 2.50
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4. Student Appealing for Admission
a. Students ineligible for entry to University of Makati, due to existing
university policies, may be reconsidered under the following
conditions:
i. The student has considerable professional experience in
the field they intend to pursue (with Certificate of
Employment).
ii. The student has completed any two-year non-formal
degree or Bachelor‘s Degree (not necessarily related to
intended field of study).
iii. The intended course is a prerequisite for promotion,
sponsorship, scholarship, etc. (with supporting papers).
iv. The student is recommended by the
College/Center/School Dean/Executive Director
(application for admission must be accompanied with
appropriate justification from the Dean/Executive
Director).
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i. Failure should be treated cumulatively.
(1) A student who fails in three courses or
equivalent of nine units in a semester
shall be barred from re-registration.
(2) A student who accumulates a total of five
failing grades or the equivalent of fifteen
units of failing grades shall be barred from
re-registration.
(3) A student who fails in two technical or
skilled courses or the equivalent of ten
units shall be barred from re-registration.
The total number of units shall be counted
regardless of the number of courses.
(4) Failure in non-credit courses shall not be
considered in unit count.
ii. A student who fails twice in the same course in his
professional program shall not be readmitted in the
same program.
b. Professional Program
i. A student who fails twice in the same course in his
professional program shall not be readmitted in the
same program.
ii. Third and fourth year students who fail in two major
courses shall be advised to change their field of
specialization and shall be allowed to register only if not
more than 15 units.
iii. Failure in three major courses shall be barred from re-
registration.
c. Non-Formal Program Education
i. Students who dropped out of any non-formal program in
the College of Engineering and Technology Management
(CETM)/Makati Training Placement and Livelihood
Consortia (MTPLC) will not be allowed to re-register.
(Noncompliance with any of the requirements will bar
the student from re-enrollment).
8. Dropping of Course(s)
a. Officially Dropped (OD)
i. A student who is officially registered but stops attending
class(es) and has previously filed the prescribed/official
form for dropping of courses shall be marked OD.
ii. A student may drop a course anytime during semester,
but not later than a week after the midterm examination
period. If the student intends to drop a course, he
should accomplish the dropping form and seek the
approval of the concerned teacher and the
Dean/Executive Director of the College/Center/School.
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b. Unofficially Dropped (UD)
i. A student who is officially registered but did not attend
the scheduled class(es) and did not file the prescribed
dropping form shall be marked UD.
ii. A student who is officially registered, attended,
performed and participated in the class, then stopped
attending without filing the official dropping form shall
be marked UD instead of grade of 5.0.
c. A student who accumulates a total of five Unofficially Dropped
(UD) courses or the equivalent of 15 units (excluding ROTC), the
student shall be barred from re-enrollment.
9. Amendment of Grades
(Includes both students initiated and faculty initiated)
a. Amendment of Grade/s or inclusions of name of student in the
Grade Sheets has to be made within a year after the issuance
period of the ROG. This has to be approved by the Council of
Deans and Directors.
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incurred, otherwise the student cannot claim credit for the
advanced course/s.
i. If a student is unable to complete the grade of ―INC‖
within the prescribed time, the grade of ―INC‖ will remain
with zero until, then the student has to re-enroll the said
course(s).
13. Equivalence
Equivalence (also referred to as substitute course) is a course in the
current curriculum that can be taken as an equivalent or substitute to
the course that is no longer offered. This is determined jointly by the
Academic Department (i.e. Dean/Executive Director/Department
Head) and the Office of the Registrar, following the principle that the
substitute course must be similar to the course requirement.
16. Prerequisite
A student should not register in a course for which the prerequisite has
not been satisfied. However, in meritorious cases, a student may be
allowed to register and attend a course for credit even without having
passed or earned credit for the prerequisite course, if he has
previously registered and fully attended it; i.e., the student incurs an
―INC‖ which can be completed at the time when the second course is
in process.
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the time he needs them. No credit shall be given for any work
done in violation of this rule.
b. A student from other school may cross enroll with the University
upon proper request from the student‘s school.
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Existing Policies Revisions on the Policies
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UNIVERSITY GRADING SYSTEM
INC Incomplete
OD Officially Dropped
UD Unofficially Dropped
Effective up to Academic Year 2017-2018 for old students who were admitted
during the First Semester, Academic Year 2014-2015; and up to Academic Year
2018-2019 for those enrolled in Five Year Programs.
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REVISED GRADING SYSTEM
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SECTION III: STUDENT RIGHTS, DUTIES AND RESPONSIBILITIES
a. Student Rights
Students who are officially enrolled in the University have the following rights:
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b. Duties and Responsibilities
i. To exert their best efforts to develop their potential for community
service and leadership, particularly by undergoing an education
appropriate to their needs and abilities, and thus become assets
to their families and to society;
ii. To uphold the academic excellence of the University, and to abide
by its rules and regulations governing their academic
responsibilities and moral integrity;
iii. To promote and maintain peace and order within the University by
observing University rules of discipline embodied in this Student
Handbook, and other pronouncements in writing the University
authorizes, to exert efforts toward the development of harmonious
relationship with their fellow students, University faculty and
personnel;
iv. To actively participate in civic affairs and in the promotion of the
general welfare, particularly on social, economic and cultural
development activities of the University and the larger Makati City
community, toward the attainment of a just, compassionate, and
orderly society;
v. To responsibly exercise their rights and be answerable for any
infringement or violation of the general welfare or the rights of
others;
vi. To contribute to the development of the University by observing
and upholding University regulations as well as the Constitution
and By-Laws of their respective organizations;
vii. To report to appropriate authorities any relevant information
affecting the integrity and reputation of the University and their
respective organizations in accordance with existing rules; and
viii. To abide by the prescribed provision of the student code of
conduct.
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D. Student Activities
The University adheres to its role to provide student development programs
and projects that aim to enhance leadership skills and sustainable social
responsibility by recognizing the establishment and operation of student
organizations and activities. The University through the Office of Student Life (OSL)
and the Center for Student Affairs, Formation, and Discipline (CESAFORD) supervises,
recognizes, and monitors student organizations and their activities such as
leadership programs, student organizations, sports development, volunteerism, peer
helper program, among others.
Student organizations shall have a system of accreditation, re-accreditation,
monitoring and evaluation using participatory institutional procedures and processes
in recognition of basic rights to organize. Requirements and procedures for
recognition/ accreditation of student groups shall be widely disseminated. Through
its student services, centers under the Office of Student Life (OSL) shall provide
adequate, sustainable, and productive leadership trainings for organizational growth
and community development. It shall promote programs and opportunities designed
to develop social awareness, personal internalization and meaningful contribution to
nation building, and to ensure opportunities for meaningful socio-civic involvement of
students which includes volunteerism, environment protection, etc.
3. Student Organizations
a. All students are free to establish their organizations subject to the provisions
of this manual.
b. The requirements for the establishment of student organizations are the
following:
i. For Re-Enlistment (Existing Organizations)
(1) Accomplishment Report (with proper documentation and evaluation
data in all activities)
(2) Financial Clearance (to be secured from the Accounting Office)
(3) Current List of Officers and Adviser
(4) General Plan of Action
(5) Constitution and By-Laws (if revised)
ii. For New Organizations or Re-activation of Organizations
(1) Vision-Mission of Organization
(2) Constitution and By-Laws
(3) General Plan of Action
(4) Current List of Officers and Adviser
(5) Endorsement of the Dean
c. CESAFORD shall accredit the student organizations based on the compliance
of the aforementioned documents and thereby approved by OSL Dean.
d. Non-compliant student organizations shall be barred from conducting
activities inside or outside of the University.
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d. A faculty adviser can be replaced or renewed by their respective advisees
based on their Constitution and By-Laws.
e. The faculty adviser shall have the following duties and responsibilities:
i. Advise student organization officers on their plans, programs, and
projects;
ii. Be present in all student activities of the student organization;
iii. Monitor and evaluate student organization activities;
iv. Monitor academic performances of the student organization officers;
v. Lead investigations in connection with student organization-related
issues;
vi. Approve endorsements for disciplinary actions or removal of student
organization officers to CESAFORD;
vii. Counter-liquidate properties and financial records of the student
organization;
viii. Approve annual procurement to CESAFORD as scheduled for the
reinstitution of the student organization; and
ix. Coordinate meetings with CESAFORD.
f. A faculty adviser who is accused of being negligent of his/ her duties and
responsibilities or accused of committing grave abuse of discretion shall be
subject to due process by an investigative tribunal with a composition to be
determined by OSL.
g. A faculty adviser found guilty of the abovementioned charges shall be
replaced by the student organization members and shall not be allowed to hold
advisorship of any student organization in the future.
h. The faculty adviser shall submit a copy of his/ her profile to the College Dean
or Center Executive Director/Director. Another copy must be submitted to
CESAFORD and OSL.
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g. All properties/equipment shall be reported annually through an inventory list
and physical presentation to CESAFORD. The said inventory shall be submitted
to CESAFORD and OSL.
h. The student organization shall be liable for any loss and damage subject to
the existing provisions of their Constitution and By-Laws. The student
organizations are regulated to donate properties to colleges, academic centers,
or departments, subject to the approval of all officers of the student organization
and majority of its members, and clearance from CESAFORD, OSL, and SPMO.
i. CESAFORD Director shall be the lead person in the investigation and issuance
of penalties regarding lost or damaged properties/equipment together with the
faculty adviser, Department Head, and the Student Council Chairman of the
college concerned.
j. A motion for reconsideration on the decision of CESAFORD can be filed with
OSL for review and decision.
k. Non-resolution of the above provisions on related matters shall deny the
reinstatement of accreditation of the student organization involved.
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j. For any activity that will be conducted outside the University, student-
participants and the student organization officers shall secure an approval from
CESAFORD and OSL, a waiver form that will be legibly signed by their parent or
guardian, and a letter of appearance and assurance from the adviser/faculty
regarding students‘ safety and security during the off-campus activity. These
documents shall be submitted to CESAFORD at least three working days before
the conduct of the off-campus activity.
k. Any student or student organization who will conduct off-campus activities in
violation of this manual shall be sanctioned following due process.
7. Community Development
a. A student organization shall have at least one significant and related
community development program per academic year. All community
development programs or extension services shall be endorsed to CESAFORD,
approved by the Dean of OSL, and coordinated with the Center for Extension
Services and Livelihood Education (CESELE).
b. In case of inadequate resources, the student organization can create
partnerships with other accredited student organizations and/or private
establishments, subject to the provisions on partnerships and linkages.
c. Accredited student organizations shall participate in the University-sponsored
or University-approved community development projects.
d. Community development programs shall be sustainable and shall provide
communities with relevant services, such as livelihood, literacy training, cultural
exchange, infrastructure, health and wellness, and technology-driven projects.
e. All community development projects shall be properly documented to include
at least 15 pictures with descriptions. Format shall be provided by CESAFORD.
2. Enlistment
Students desiring to establish student organizations and publications shall
have the right to do so, subject to the following guidelines and regulations:
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a. A letter of intent addressed to the Dean of OSL through the Director of
CESAFORD should be submitted with the following documents or information, for
evaluation:
i. Constitution and By-Laws
ii. List of officers and the mode of selection qualifications of officers (a
student who failed in any academic subject is disqualified to hold any
position from the organization)
iii. Designated faculty member as adviser/consultant
b. A faculty member will be chosen as adviser/consultant through a vote of
confidence from the officers of the organization and/or endorsement of the
Department Head approved by the Dean of the College.
c. A faculty member designated as adviser/consultant will be deloaded by three
units from his/her regular teaching load. His/her functions are to assist/guide
the officers in their work plan; to oversee the implementation of the
organization‘s plan and projects; to design leadership training/activities suitable
for the student organization‘s need; to help in values formation of the leaders
and their members especially on the aspect of leadership and accountability; to
establish networks linkage thereby promoting the good name of the University
and the City of Makati; to submit semestral-progress report that will form part of
the organization‘s accomplishment report; to monitor the academic performance
of all the members of the organization.
d. Only one adviser will be reflected officially. Students may decide to include a
co-adviser. However, deloading cannot be applied to the co-adviser.
e. The adviser will have a one year term of office, renewable annually.
f. The adviser can be replaced by another faculty member on a semestral basis
if he/she resigns, if there is loss of confidence, or if found guilty of
misappropriation of funds or sexual harassment.
g. The adviser cannot be replaced in the middle of the semester since the
advisorship is part of his/her regular teaching load.
h. In case of complaints, a committee will be established to evaluate the merits
of the case. The committee will be composed of the Dean of OSL as Chairman,
and the members will be composed of the CESAFORD, Faculty Club President,
Department Head of the concerned faculty member, and the USC President. The
CESAFORD may temporarily oversee the management of the organization while
the committee is deliberating on the merits of the complaint. In case the
committee does not agree to a decision, the OSL Dean will endorse the case to
the Vice President for Academic Affairs (VPAA) for elevation to the University
Legal Officer for final decision.
i. Membership fees for student organizations are allowed to be collected in order
to support the activities and projects of the organizations, subject to the
approval of the OSL Dean prior to the organization‘s collection of fees. The
funding of the organization and their operations shall be taken from the
membership and other fees.
j. Collected fees, donations and any form of contribution to the organization shall
be covered by an acknowledgement receipt.
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k. Funds shall be deposited under the organization‘s name, and the signatories
should be composed of the adviser, the president and the treasurer of the
organization. This is to ensure the safety of the member student‘s interest.
l. Every organization should submit a short term plan for the academic year and
a long term plan covering a period of three to five years.
m. Upon approval of the enlistment, a notice of enlistment will be given to the
president/representative of the organization.
3. Retention
a. Student organizations will be evaluated based on their performance for the
academic year.
b. An active organization will be allowed to continue to operate provided they
submit the semestral-progress report and financial statement after every
activity. Organizations who fail to comply with these requirements will not be
allowed to hold another activity until such time that they have submitted the
required reports.
c. All expenses for an activity or project must be liquidated immediately after the
activity or project. Should the student assigned to liquidate expenses be
graduating, he/she must submit the liquidation report/s prior to being given
clearance to graduate by CESAFORD or OSL. The Office of the Registrar will not
release documents such as TOR, diploma, etc. until compliance to liquidate has
been done.
d. A record book that contains the minutes of meetings should be readily
available.
e. Organizations should adhere to the strict implementation of university policies
on extra-curricular and off-campus activities.
f. Hazing, initiation, or any activity that may inflict physical, moral and
psychological harm, or be a source of unnecessary financial burden to students
are prohibited.
g. Organizations inviting guests or visitors, such as speakers, seminar
participants, moderators, government and non-government officials, from
outside the campus are required to submit a letter of request to the Dean of OSL
through CESAFORD stating the name/s of the visitor/s, the expected time of
arrival/departure, and the purpose of the visit.
h. Any member of a student organization who will participate in outside activities
as official representative/s of the University must advise the OSL through
CESAFORD.
i. Off-campus activities should be approved prior to departure. The following
should be submitted to OSL through CESAFORD prior to departure:
i. Letter requesting for approval addressed to OSL through CESAFORD
ii. Approval of the College Dean for academic organizations
iii. Waiver duly signed by the parents/guardian of the participant/s
iv. List of participant/s
v. Itinerary
vi. Name of faculty/adviser who will be with the group during the activity
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vii. Written acceptance of responsibility from the faculty/adviser for the
supervision of the participant/s during the trip.
A financial statement/liquidation of expenses should be submitted to the OSL
through CESAFORD immediately after the activity.
j. Failure to comply with any of the above requirements means waiving the right
to continue the existence of the organization.
4. Renewal of Enlistment
a. The approval of enlistment of each organization is valid for one academic
year, after which student organizations should reapply for the renewal of their
enlistment.
b. For the renewal of their enlistment, the organization should submit the year-
end accomplishment report and the updated report on the status of the
organization.
c. Any organization that violates the rules and regulations set forth by the
University will be barred from renewing their enlistment.
5. Accreditation
a. CESAFORD may accredit student organizations that have Constitution and By-
Laws not contrary to the University‘s vision and mission.
b. Accreditation may be granted after the specific period of observation and
upon submission of the requirements to CESAFORD and endorsement to OSL.
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c. Cash receipts for the collection of membership fees should be
remitted/deposited intact daily on the day of cash receipt or the next banking
day, at the latest.
d. Summary of collection and deposits will be forwarded to the Accounting Office
for record and audit purposes.
2. Budget Approval
a. All eligible student organizations that desire funding from student fees will
prepare an action plan with corresponding budget request at the start of the
school year and will submit this itemized request to the appropriate student
body for review and recommendation.
b. Each student organization will be given an opportunity to defend and explain
their budget request before the student review group.
c. Following such review, the student budget review group will advise CESAFORD
of their recommended amount of funding for each requesting group.
d. CESAFORD will review the budget request considering the student fee revenue
projection made by the student organization and will make the corresponding
budget allocation recommendations.
3. Allotment of Funds
a. After the amount of budget funding has been approved and communicated to
each organization, CESAFORD will prepare a memorandum listing each funded
activity, the approved budget, the student or faculty member financially
responsible for the management of funds, and the amount allocated.
4. Disbursement of Funds
a. No disbursements shall be made without a written request from the president
or any authorized representative of the student organizations. The request shall
include the following information:
i. The purpose for the disbursement which shall be consistent with the
approved programs of the organization;
ii. The amount of cash advance, which, in no case, shall exceed the budget
appropriation;
iii. The period when the expenses will be incurred; and
iv. Properly filled-out application form for the disbursement of fund from the
CESAFORD Office.
b. All requests for cash advances shall be made through a check voucher. The
voucher shall be co-signed by the adviser, recommended by CESAFORD, and to
be approved by OSL Dean.
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i. Meals/Food/Services
(1) Official Receipts
(2) Attendance Sheet/List of Participants
(3) A Notarized Contract (for catering, hotel accommodation, rental of
sound system, etc.)
ii. Seminars/Trainings/Assembly
(1) Attendance sheet of the participants duly certified by the person in
charge
(2) Program of Activities
(3) Handouts of Topics Presented
(4) Speaker‘s Profile (if there is honorarium pay)
iii. Transportation Expense
(1) Itinerary of Travel and Justification
(Hiring taxi cabs shall not be allowed unless justified by the prevailing
circumstances such as, but not limited to carrying large amounts of cash
or bulky equipment which cannot be conveniently transported through
ordinary mode of transportation.)
b. Expenses of more than Php1,000 should be accompanied by a price canvass
from three suppliers.
c. No new cash advances will be processed until the previous cash advance has
been properly liquidated.
8. Supervision of Organizations
The OSL Dean supervises and regulates the operations and activities of all
duly recognized student organizations through the CESAFORD. This is to guide the
organizations in maximizing student‘s academic and human potentials in
consonance with the University goals and objectives.
9. USC
The USC is the highest union and organization of undergraduate students in
the University. The USC is a democratic organization that shall serve as the
representative and main forum for the articulation of student needs and aspirations,
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while upholding the students‘ rights, interests, and welfare that are not contrary to
the University rules and regulations.
The USC Executive Board is composed of the elected student
representatives from all existing colleges and academic centers in the University. The
elected student representatives shall convene to elect their spokesperson in the
Executive Committee and the Board of Regents.
a. College Student Council Representatives
The political and administrative subdivisions of the USC are the College
Student Councils. Each council is composed of officers duly elected by the
students belonging to their particular college. The elected College Student
Council Chairman shall automatically become a member of the committee in the
Executive Board.
b. Electoral Process
The regular student council election shall be scheduled every academic
year based on the prescribed date as stated in the Constitution and By-Laws of
the USC. Each college and center shall have its own date of elections within the
said date as determined by the Commission on Student Elections (COSEL).
The COSEL shall preside over the conduct of student council election. Its
members shall be appointed by the President of the USC upon the approval of
the majority of the members of the Student Representatives‘ Assembly (SRA).
The President of the USC shall submit a list of appointees to the SRA during its
first monthly session for the first semester of the academic year.
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SECTION IV. STUDENT FORMATION AND DISCIPLINE
All institutions design policies to concretize the vision, mission and goals of
their organization. University of Makati, as a higher educational institution, is
determined to be a pioneer in the learning instruction of locally funded universities in
terms of students‘ academic, non-academic and moral aptitude. The Center for
Student Affairs, Formation and Discipline (CESAFORD), under the Office of Student
Life (OSL), monitors and supervises students‘ moral rectitude. It envisions UMak
students who are refined, responsible, respectful, and self-disciplined individuals
imbued with values of MakaDiyos, Makabayan, Makatao and Makakalikasan. To
realize this, the center ensures the effective implementation of the student code of
conduct, other existing rules and regulations on student discipline and the promotion
of positive discipline programs conducive to the total development of the students in
collaboration with all stakeholders and partners of the University.
1. The center acts as the administrative office directly responsible for the
enforcement of student discipline policies of the University.
2. The Director of the Center serves as the liaison officer between the University
Officials and other administrative personnel on all matters concerning student
discipline.
3. Exercise general supervision over students‘ behavior in academic, social,
athletic, recreational and cultural activities in and out of the University;
4. Determine the gravity of offense/s, whether minor or major, committed by
students, in the determination of probable cause to warrant the filing of the case
committed by both parties, and in the recommendation of further investigation
as the case requires;
5. Hear and investigate complaints, grievances, or other similar or related cases
and render appropriate sanctions/penalties with regard to major or minor
offenses;
6. Maintain records of disciplinary cases of the students and coordinates with
their parents;
7. Furnish the college/department with copy of records of the status of students
with disciplinary sanctions;
8. Refer students to the GCC for counseling services;
9. Provide a data base of the cases on student disciplinary infractions;
10. Implement the Student Handbook and Student Code of Conduct;
11. Formulate programs and activities to promote positive discipline and to help
students avoid violations;
12. Establish partnership with local officials, Makati Ant-Drug Abuse Council
(MADAC), Philippine National Police Makati, POs/NGOs, Barangay Peace and
Order Council for external support;
13. Support the Student Crime Prevention Committee and its Junior Police Force
and Student Anti-Drug Abuse Council;
14. Convene the Student Disciplinary Committee (SDC) in case of appeal of the
student-respondents regarding cases punishable by longer period of
suspension, exclusion, dismissal and expulsion from the University;
15. Enforce the Student Discipline Policies of the University;
16. Review and update the Student Discipline Policies in consultation with all
the stakeholders of the University;
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17. Sustain the revitalization of co-curricular programs of the University through
active participation of student organizations;
18. Establish the Student Crime Prevention Committee as mandated by the
Commission on Higher Education (CHED) Memorandum Order No. 42 series of
2005, Department of Education (DepEd) Order No. 1, series 2006, and
Memorandum of Understanding dated 01 September 2005, made, executed
and entered into by and among the National Police Commission, DepEd and
CHED regarding the Creation and Composition of the Student Crime Prevention
Committee (SCPC);
19. Conduct trainings, seminars and forums on anti-substance abuse, anti-
bullying/anti-cyber bullying, sexual harassment, anti-hazing, values and personal
leadership formation, teen sexuality, positive discipline, and existing laws and
city ordinances pertaining to discipline; and
20. Support the effort in institutionalizing university-wide random drug testing in
coordination with MADAC.
All students of UMak are expected to conduct themselves properly, to respect the
persons around them and the rights of their fellow students, faculty members,
school administrators, school authorities and employees. They should also preserve
human dignity and uphold the good name of the University, at all times. Specifically,
the students should conduct themselves in accordance with the following:
1. General Behavior
a. Students shall at all times be neat, clean and decent in their clothing;
orderly, respectful, and courteous in their manners.
b. Students shall refrain from using bad language and from committing acts
that are disrespectful, vulgar, or indecent, or which in any manner may
cause or tend to disturb other students, faculty members, employees, or
officials of the University.
c. Students shall not bring into the University objects, pictures or literature
that are morally offensive.
d. Students shall at no time bring into premises of the University any
alcoholic drink or any prohibited drug or opiate, or enter the University
premises under the influence of liquor or prohibited drugs.
e. Students shall not smoke within the school premises.
f. Students shall not write or draw indecent or lewd words or figures or any
form of graffiti on blackboards, chairs and walls.
g. Students shall not damage any property of the University.
h. Students shall not bring into the University premises deadly weapons of
any kind, whether concealed or openly. The use or threat to use of such
weapons shall aggravate the act.
i. Students shall not affiliate knowingly or unknowingly with any
unauthorized organization operating within the University.
j. Students shall not commit any form of littering or unsanitary acts within
the University premises.
k. Students shall not disturb classes.
l. Students shall follow all University rules and regulations governing them
during emergencies, such as fire, earthquake, flood and similar disaster.
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2. Behavior in the Classroom
a. Students shall attend their classes regularly and punctually. Tardiness of
more than fifteen minutes without justifiable reason shall be considered as
absence.
b. Students shall rise when called upon to recite or when asking questions.
c. Students shall leave the room quietly and in an orderly manner.
d. Students waiting to occupy a classroom shall enter only when the
outgoing class has left the room.
e. Students may leave the classroom only with permission of the professor.
f. Students shall not smoke in classroom, and within the University
premises.
g. Students shall not cheat or commit any form of dishonesty in relation
to their studies.
3. Behavior in the Library - Rules and regulations governing the use of the library
shall be followed.
7. Behavior Outside the Campus - Students shall, at all times, refrain from
committing acts that may embarrass or dishonor the University.
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2. The wearing of the following is not allowed inside the campus:
MALE FEMALE
earrings/multiple earrings multiple earrings
cap inside the classrooms/offices sleeveless/string blouse
torn jeans plunging/tube blouse
long/noticeable dyed hair torn jeans/leggings/jeggings
rubber shoes micro mini skirt/short-shorts
make-up (gays) heavy make-up/noticeable dyed hair
cross-dressing (gays) rubber slippers
3. Identification Card
a. Wearing of ID card in the campus is mandatory.
b. Lost ID card must be reported immediately to CESAFORD for the issuance
of Temporary Pass Slip.
c. Temporary Pass Slip is non-renewable and is good for three days only.
d. Students must immediately apply for ID replacement at the Office of the
Registrar upon payment of ID fee and compliance with other requirements
set by CESAFORD.
4. Special Cases
a. Pregnant female students are exempted from wearing the prescribed
uniform only when the pregnancy becomes evident.
b. Old students must wear uniform as soon as the classes start. New
students are given a grace period of two weeks from the start of their
classes to secure their uniform.
5. Students found violating the uniform rules may be meted with the following
penalties:
a. He/She shall not be allowed to enter the University.
b. He/She shall be issued a violation copy by the CESAFORD.
c. The documents of violations shall be part of the record of the student
while studying in UMak.
Students are obliged to be responsible in keeping the University facilities orderly and
clean. Thus, all students shall:
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E. Offenses and Penalties/Sanctions
1. First Offense.
a. If a student is apprehended by security personnel/officer, employee
(faculty or administrative personnel), or co-students due to possession
and/or use of prohibited drugs or chemicals in any form within the school
premises and/or at school sponsored activities even outside the school
premises, he/she shall be turned over to CESAFORD together with the
incident report, evidences and confiscated ID and COR for initial
investigation, assessment, evaluation and preliminary counseling.
b. CESAFORD shall summon the parent/guardian of the student for a
conference and inform them of the case within 24 hours from the time
CESAFORD acquired knowledge of the violation.
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c. With student‘s parent/guardian, CESAFORD shall turn over the student to
the personnel in-charge of the MADAC Office for drug and psychological
testing.
d. If MADAC recommends that the student should undergo in-patient
treatment, the student shall be rehabilitated in any drug rehabilitation
center and shall be pulled out from the University with the consent of the
parent/guardian.
e. If MADAC recommends that the student should undergo out-patient
treatment, he/she shall attend the counseling program to be conducted by
MADAC personnel for a specified period of time.
f. After attending the counseling program of MADAC, the student shall
undergo a parallel counseling session for one week to be conducted by the
University Guidance Counselor.
g. After counseling sessions, the student shall be accompanied by his/her
parent/guardian to report to CESAFORD for signing of UMAK-Student-Parent
Agreement, which includes a provision that the said student shall undergo
an on-the-spot/unannounced drug testing at any given time.
h. After signing the agreement, the student shall be allowed to attend
his/her classes.
G. Guidelines in Releasing Confiscated ID and COR due to Minor and Major Offenses
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8. If during initial investigation the student admitted his/her violation, the
parent/guardian of the student shall be summoned for a conference with
CESAFORD.
9. After complying with the sanctions imposed by CESAFORD and submission of
letter of apology, the student and his parent/guardian shall sign the UMAK-
Parent-Student Agreement before releasing his/her ID and COR.
10. If the student is apprehended and found to be a habitual violator of the
student discipline policies, provisions of the student handbook on procedures
for suspension/dismissal/expulsion of the student shall be applied.
11. Below is the matrix of offenses, penalty system, and complaint procedure
which shall be used for the purpose of imposing sanctions to students who
violate the student discipline policies of the University.
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fraud in connection with his/her
admission, registration,
examination, enrolment or
graduation
Grave act of disrespect that
tends to malign University Exclusion/Dismissal/
officials, faculty members or Expulsion
administrative non-teaching staff
Illegal assembly aggravated by
Exclusion/Dismissal/
disturbances of the peace and Community Service Suspension
Expulsion
order in the campus
Unauthorized possession of
examination materials and Exclusion/Dismissal/
Suspension
documents during examination Expulsion
given by the University
Having somebody else take an
Exclusion/Dismissal/
examination for another
Expulsion
(both shall be liable)
Exclusion/Dismissal/
Cheating during examination Suspension
Expulsion
Exclusion/Dismissal/
Plagiarism
Expulsion
Possession/Distribution in any
form of pornographic material, Exclusion/Dismissal/
Community Service Suspension
sexual objects within the Expulsion
University
Vandalism/Writing/Putting up Exclusion/Dismissal/
Community Service Suspension
feet on tables, chairs and walls Expulsion
Bribing or receiving bribes from
Exclusion/Dismissal/
faculty members, administrators
Expulsion
or non-teaching staff
Misappropriation or
Exclusion/Dismissal/
embezzlement of
Expulsion
organization/class‘ fund
Hazing of any kind inflicted on
students by another student Exclusion/Dismissal/
whether inside or outside the Expulsion
campus
Involvement in any form of
attack to another person such as Exclusion/Dismissal/
rumble, fist fighting, punching, or Expulsion
armed combat
Public Display of Affection –
portrayal of untoward behavior Exclusion/Dismissal/
Suspension
which tends to cause sexual Expulsion
excitement or vulgarity
Actions which tend to dishonor,
humiliate, embarrass, discredit
or contempt the name and Exclusion/Dismissal/
integrity of the institution, Expulsion
administrator, faculty, staff,
employee, and students
Direct physical assault upon
students, faculty members,
Exclusion/Dismissal/
admin or non-teaching staff, or
Expulsion
any person of authority in the
University
Unauthorized collection
(extortion) of money, checks or Exclusion/Dismissal/
other instruments used as Expulsion
University collection purposes
Shouting or creating noise inside Exclusion/Dismissal/
Community service Suspension
and outside the classroom Expulsion
Entering the campus under the
Exclusion/Dismissal/
influence of wine, liquor, or any Suspension
Expulsion
intoxicating beverages
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Thefts of school properties or Exclusion/Dismissal/
similar acts Expulsion
Carrying or possession of
firearms, deadly weapons and Exclusion/Dismissal/
explosives within the school Expulsion
premises
Indiscriminate use of all forms of
musical instruments,
Suspension Exclusion/Dismissal/
megaphones, cameras, cellular Community Service
Expulsion
phones, videos, and other game
devices during class hours
Possession of cigarettes and/or
Exclusion/Dismissal/
smoking within the school Community Service Suspension
Expulsion
premises
Exclusion/Dismissal/
Gambling (in any form) Community Service Suspension
Expulsion
Exclusion/Dismissal/
Oral defamation Suspension
Expulsion
Exclusion/Dismissal/
Serious physical injury
Expulsion
Membership to any
unrecognized Exclusion/Dismissal/
association/organization or Expulsion
fraternity/sorority
Violation of new anti-hazing law
and/or recruitment of a student
Exclusion/Dismissal/
to join unrecognized association,
Expulsion
organization, fraternity and the
like
Violation of Dangerous Drug
Exclusion/Dismissal/
Laws and other similar/related
Expulsion
laws
Violation of Anti-Bullying and/or
Exclusion/Dismissal/
Cyber Bullying Laws and other
Expulsion
similar/related laws
Exclusion/Dismissal/
Convictions by any court of law
Expulsion
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c. To hear and investigate complaints, grievances, and similar cases referred by
CESAFORD involving a student or group of students as respondent/s who
committed major violation; and
d. To render judgment and recommendation after a thorough inquiry of the case.
4. The SDC shall have jurisdiction over the following cases punishable by
suspension, exclusion, dismissal and/or expulsion:
a. Cases brought to its attention by CESAFORD;
b. Cases brought to its attention by the legitimate higher administrative
authorities; and
c. Cases brought to its attention by a group of students with the consent of the
ManCom.
5. The following are the limitations of the powers of SDC:
a. To probe and review cases whether it has a merit in a procedural due process
of the law;
b. To determine the prima facie evidence;
c. To determine correspondingly the violations and sanctions; and
d. To submit the results of the findings to the ManCom.
6. The SDC shall be co-terminus with the final determination of the case that they
are handling.
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d. Reconsideration/Appeals shall be filed with the Office of the President
through the SDC within five days after the student respondent receives the
notice of suspension/dismissal/expulsion, as the case may be.
e. When No Notice of Appeal for reconsideration has been filed with the Office
of the President within the period of time specified, the decision becomes final
and executory.
f. Thereafter, no other appeal shall be entertained and the final order from the
Office of the President shall be executed immediately.
5. If during the preliminary investigation the respondent admits guilt in the form of
writing, the case may be acted upon by the SDC summarily. This shall be put to
record and the CESAFORD shall recommend that a hearing be dispensed with. The
action shall be terminated as soon as the respondent answers the charges and the
members of the SDC shall be done with their clarificatory questions.
COMPLAINT PROCEDURE
Academic
Academic Dishonesty
Step 1. Action of the Director of CESAFORD
Step 2. Action of the SDC
Step 3. Action of the ManCom/University President
Behavioral
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J. Procedures for Dismissal/Expulsion Proceedings
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SECTION V: OFFICES PROVIDING STUDENT SERVICES
These offices are essential arms in providing and implementing basic services that
are necessary to serve the well-being of students.
Services
1. Formation Programs – OSL is responsible in molding students to become
more creative, proactive and responsible student leaders, and eventually
assume top positions in their chosen fields. The CESAFORD supports OSL
in this endeavor.
2. Policy-Making Initiatives – The office takes the lead in crafting, developing
and implementing student policies, rules and regulations, and other
pertinent guidelines prescribed in the Student Handbook as well as in the
University Manual, in collaboration with CESAFORD.
3. Socio-Cultural and Spiritual Services – The office promotes awareness and
appreciation of Philippine history, culture and the arts, sports, environment,
and spiritual development, with the Center for Culture and the Arts (CCA),
Athletic Development Center (ADC), and the University Chaplaincy Office as
the prime movers of the programs.
4. General Supervision Services – The office co-facilitates, supervises and
regulates year-round student programs and activities of the various centers
under the student development cluster. These activities are intended to
develop a holistic UMak student.
5. Student Assistantship Service – The office facilitates and screens students
who want to enlist in the University Student Assistantship Program
(UNISAP), which is a program designed to provide financial assistance to
indigent students of the University in partnership with the HRMO.
6. Supervising and Monitoring Services – The office supervises the activities
and other affairs of the USC and all recognized student organizations,
approves the recognition of new student organizations, monitors the
collection of miscellaneous fees, endorses budget requests of student
organizations to the Accounting Office and scouts for sponsorship to
student-related activities.
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The center is the University‘s arm in developing student leaders by
encouraging them to establish and empower student organizations. It is the
paramount duty of the center to supervise the affairs of the USC and other
recognized student organizations in UMak in conducting trainings, seminars, and
other activities that help students become transformative leaders.
Services
1. Student Development Programs – The center provides transformative
leadership and holistic youth development trainings, workshops, and
seminars sponsored by the USC, the University and the City Government of
Makati.
2. Student Holistic Activities – The center, in coordination with other clusters
and organizations in the University and its external linkages, provides
democratic governance under the rule of law as its leadership platform,
activities that are espoused to form good leaders and public servants,
sustainable community extension programs that encourage self-
development and self-sustenance and positive activism that strengthen
social awareness and help in the resolution of basic social problems.
Services
1. Enforcement of Student Code of Conduct – The center is accountable for
the enforcement of student discipline policies of the University. It hears and
investigates complaints, grievances, and other similar or related cases,
determines the gravity of offense/s committed and renders appropriate
sanctions/penalties.
2. Coordinating Services – The center serves as the liaison between the
University officials and other administrative personnel on all matters
concerning the student discipline.
3. Formation Programs – The center exercises the general supervision over
the students‘ behavior in academic, social, athletic, recreational and
cultural activities in and out of the University.
Services
1. Information Orientation – New and old students alike are acquainted and
familiarized with the University‘s history, philosophy, vision, mission, goals,
routine, rules and regulations, personnel, program services, resources, and
facilities available in the University.
2. Individual Inventory – The center preserves and furnishes pertinent data of
students‘ personal information, family background, academic records,
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health, interests, aptitude, personal and social adjustments for reference
and counseling purposes.
3. Counseling – School counselor/s for group or individual sessions are made
available for students‘ academic, personal, social, psychological and
emotional concerns.
4. Psychological Testing – Various psychological tests help students in the
assessment and diagnosis of learning difficulties and social adjustment,
and serve as basis for guidance and counseling.
5. Referral Service – Students are linked with relevant people, organizations
or institutions that could provide or support their needs.
6. Peer Mentoring Program – This serves as an extension arm of the GCC to
provide a venue in establishing healthy relationships as ―Big Brother-Big
Sister‖.
7. Research and Evaluation Service – Knowledge relevant to establish a
tracer or standard measurement that serves as a basis for restructuring,
improving, or enhancing the Guidance and Counseling Services Program is
provided.
8. Follow-up Service – This is a post-counseling service to determine whether
students who have undergone counseling are making progress and to trace
their performance development and activity.
9. Exit Interview – An exit interview is conducted for each student who desires
to terminate schooling or has made the decision to leave school or to
explore the consequences of the choice to leave school.
10. Ancillary Services
11. Professor-As-Advisor Program (PAP) for college level and Teacher-As-
Advisor Program (TAP) for HSU – Teachers/professors are assisted and
equipped with adequate skills in conducting and managing developmental
guidance to foster among students mature personal, emotional, social, or
career-related decisions.
12. Academic Intervention Program (AIP) – This program assists students to
detect early symptoms of academic problems, and then develop their
adjustment ability.
13. Professional Career Guidance and Development Program (Homeroom
Guidance) – Students are provided with the necessary information for their
vocation planning and decision, thus their various academic developmental
needs are addressed.
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business, and industry providing financial and infrastructure support to the
University.
2. Employment Assistance – It caters to graduating students and alumni
through job vacancy posting, job fairs, graduate list/directory provided to
requesting companies, academe-industry dialogue and career education,
and partnership with job sites.
E. University Chaplaincy
The University Chaplaincy is a center for spreading God‘s love and mercy. It
contributes to the University‘s goal of bringing students to their solace and
awareness that God is journeying with them through the presence of the University
Chaplain with the Campus Ministry which implements its programs and activities.
Services
1. Liturgical Services – One of the main services of the University Chaplaincy
is to conduct Eucharistic celebrations every twelve o‘clock noon and other
times when needed. It also holds the University mass for the grand opening
celebration in honor of the Holy Spirit during the opening of the academic
year, the thanks giving or convocation mass before the year ends in
December, and the baccalaureate mass during graduation. It also does
regular exposition of the Blessed Sacrament every Thursday at the
University Chapel.
2. Psycho-Spiritual Services – The University Chaplaincy provides spiritual
direction through vocational, character, family, and personal activities for
students. It also extends services to students through general counseling
and recommendations to offices in need of further professional assistance.
3. Ministerial Services – The University Chaplaincy regularly conducts
confessions and administers the sacraments, and
recollections/retreats/talks. Together with the Campus Ministry, it
organizes campus activities, such as the vocational campaign, the living
rosary every October, devotions to the Mother of Perpetual Help every
Wednesday and the Sacred Heart every first Friday of the month. It also
organizes and recruits volunteers for the altar service, the praise and music
ministry, and the lector & commentator service.
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Services
1. On-Site Performances – The center provides various programs and shows for
colleges and student organizations. It spearheads the University-wide activities
organized by the Management, and likewise conducts organizational-based
activities, such as trainings for major and minor productions.
2. Community Performances – It facilitates invitations for public and private
institutions to perform in the University and promotes student involvement in
cultural events organized by other cultural groups, whether local or national. It
assists in processing documents for students participating in various national
competitions organized by private and public institutions.
Services
1. Registration and Admission Service – TASC facilitates the conduct of
admission tests for incoming new students.
2. Reservation of Programs – The center reserves programs in the different
academic colleges and centers based on the students‘ qualifications in the
CQE and GWA.
3. Coordinating Office – It coordinates with the Office of the Registrar and the
colleges on the programs being offered.
4. Administration of Evaluation – It prepares, administers, and prepares the
report on the students‘ faculty evaluation.
5. Research and Test Development – It provides personnel assessment,
vocational and psycho-diagnostic testing, research and testing
development, programming and networking.
6. Scholarship Programs
Services
1. Structured and Organized Sports Program – The center provides the best
possible experience to student-athletes and opportunities for them to fully
develop their athletic potentials.
2. Recruitment Program – The center recruits competitive student-athletes
who will form part of the different sporting events and who desire to
continue quality tertiary education and, at the same time, build-up their full
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athletic potential. The requirements are: academic performance (high
school general average not lower than 80%), athletic achievement
(participation in regional or national competitions), should undergo health
and fitness conditioning test, and should pass the medical test of the
University as well as the sports specific test.
3. Overseeing and Supervision – It oversees intercollegiate athletic programs
and activities of the University and supervises all coaches and athletic staff,
including shared responsibility for hiring and disciplining, and full
responsibility for their training, mentoring, and performance evaluation.
Services
1. Infirmary Services – MDC attends to common health and medical problems
encountered in the school premises, such as fever, headache, abdominal
pain, and common medical emergencies.
2. Immunization Services – MDC promotes the control and prevention of
serious communicable diseases by providing available active
immunizations free of charge.
3. Student Comprehensive Health Assessment – MDC provides assessment
guidelines in dealing with critical health issues that concern adolescents
and young adults.
4. Education, Promotion and Advocacy on Health and Wellness – MDC
conducts trainings and workshops on specific topics about health and
wellness.
5. Handling of Medical Emergencies and Emergency Transport to Ospital ng
Makati (OsMak) – MDC handles medical emergencies in coordination with
OsMak. It informs and requests for authorization from the
parents/guardians of students to act on the medical emergency and
process necessary documents.
J. Center for Alumni Affairs (CAA) and Association of University of Makati Alumni, Inc.
(AUAI)
Since a University‘s greatness is perpetuated by its graduates, the
University sees the embodiment and expression of the ideals and teachings in her
alumni. The center, therefore, serves as the main coordinating body for all alumni
activities and the link between the University and the alumni through its alumni
association, the AUAI, and any alumni chapter to establish, renew, and foster lifelong
and mutually-beneficial relations with their Alma Mater and amongst the alumni.
Services
1. Alumni Member Database Updating and Tracking – CAA serves as the ―exit‖
point of graduates for their clearance, issues them alumni IDs and enlists
them as alumni members as they update their information profile. The
member profile provides the data for the alumni tracking and employability
report. All alumni are expected to become bona fide members of AUAI by
paying their alumni membership and ID fees upon graduation:
(1) Doctorate – Php300.00; (2) Master – Php250.00; (3) Bachelor –
Php200.00; (4) Associate/Certificate – Php150.00.
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2. Alumni Networking and Communication Arm – CAA and AUAI serve as the
―re-entry‖ points of graduates to continuously keep contact with them and
connect them with each other, disseminate information and build a positive
image for UMak and the alumni association, and generate support for
lifelong involvement in the undertakings of the University through AUAI. An
alumni general assembly is organized every year where the officers present
the accomplishment report and financial standing. An election of alumni
board of trustees and officers is conducted every two years during the
general assembly. Other activities are facilitated or implemented year-
round, such as homecomings and reunions, exhibits, workshops, seminars,
etc. for fellowship, fundraising, to showcase the excellence and
contributions of the UMak alumni to nation building, or to simply revitalize
alumni participation in University activities and bring them back to their
Alma Mater. Information dissemination is facilitated through the official
UMak alumni website (http://www.auai.org.ph/) and the official UMak
alumni Facebook page (https://www.facebook.com/officialumakalumni/).
3. Alumni and University Assistance and Endowments – AUAI generates funds
to support fellow alumni, projects and activities that would redound to the
benefit of the alumni and the UMak academic community. This includes
the ―Triple A Scholarship: Amazing Anak ng Alumni” Academic Scholarship
Program to deserving children of AUAI members. Assistance is also
provided in job placement and career advancement, community service and
extension programs.
Services
1. Logistics and Equipment Assistance – As requested by students, the SPMO-
Instructional Media Center (IMR) and Science Laboratory lend necessary
tools and equipment for instructional use. Requisition slips to be
accomplished by the borrowers are provided to avail of this service.
Scheduling of laboratory use is done with the proper endorsement of the
respective college deans. Baggage counters are made available to store the
personal belongings of students while using the laboratories.
2. Implementation of Bringing-In and Bringing-Out of Personal Property –
Students may bring in and bring out their personal properties by filling-out a
Permit to Bring-In/Out which will be processed by the SPMO. It is mandatory
to accomplish this permit for security purposes.
Services
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1. University of Makati Official Website (https://umak.edu.ph/) – The website
may be accessed for general and relevant information and news about the
University, with links to the AUAI and CERIN websites and the official social
networking sites of UMak. A student portal is included for online
application and enrollment, and to access report of grades. Downloadable
forms for scholarship, on-the-job training, and website content posting are
also made available through the website. Students may contribute content
to the website by submitting their content to CCC together with the duly
accomplished and signed website content posting approval form.
Guidelines for posting are provided at the back of the approval form.
2. University of Makati Official Facebook Page
(https://www.facebook.com/UniversityOfMakati1/) – This social media
page supplements the UMak website in information dissemination using a
platform that is more immediate, interactive, and collaborative. Links to the
official UMak website and the other official social networking sites are
provided.
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GUIDELINES
The University strongly upholds a school environment where all members of the
learning community value the dignity of every individual. The faculty members,
academic and administrative personnel, and the students should mutually respect
one another and behave in consonance with the highest ethical standards. The
University commits itself to the implementation of these laws. Below are excerpts
from the original documents of the enumerated laws and statutes provided herein, to
wit:
Section 4. If the person subjected to hazing or other forms of initiation rites suffers
any physical injury or dies as a result thereof, the officers and members of the
fraternity, sorority or organization who actually participated in the infliction of physical
harm shall be liable as principals. The person or persons who participated in the
hazing shall suffer:
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1. The penalty of reclusion perpetua (life imprisonment) if death, rape, sodomy
or mutilation results therefrom.
2. The penalty of reclusion temporal in its maximum period (17 years, 4 months
and 1 day to 20 years) if in consequence of the hazing the victim shall become
insane, imbecile, impotent or blind.
3. The penalty of reclusion temporal in its medium period (14 years, 8 months
and one day to 17 years and 4 months) if in consequence of the hazing the
victim shall have lost the use of speech or the power to hear or to smell, or shall
have lost an eye, a hand, a foot, an arm or a leg or shall have lost the use of any
such member shall have become incapacitated for the activity or work in which
he we habitually engaged.
4. The penalty of reclusion temporal in its minimum period (12 years and one
day to 14 years and 8 months) if in consequence of the hazing the victim shall
become deformed or shall have lost any other part of his body, or shall have lost
the use thereof, or shall have been ill or incapacitated for the performance on
the activity or work in which he was habitually engaged for a period of more than
90 days.
5. The penalty of prision mayor in its maximum period (10 years and one day to
12 years) if in consequence of the hazing the victim shall have been ill or
incapacitated for the performance on the activity or work in which he was
habitually engaged for a period of more than 30 days.
6. The penalty of prision mayor in its medium period (8 years and one day to 10
years) if in consequence of the hazing the victim shall have been ill or
incapacitated for the performance on the activity or work in which he was
habitually engaged for a period of 10 days or more, or that the injury sustained
shall require medical assistance for the same period.
7. The penalty of prision mayor in its minimum period (6 years and one day to 8
years) if in consequence of the hazing the victim shall have been ill or
incapacitated for the performance on the activity or work in which he was
habitually engaged from one to nine days, or that the injury sustained shall
require medical assistance for the same period.
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c. When the recruit, neophyte or applicant having undergone hazing is
prevented from reporting the unlawful act to his parents or guardians, to
the proper school authorities, or to the police authorities, through force,
violence, threat or intimidation;
d. When the hazing is committed outside of the school or institution; or
e. When the victim is below 12 years of age at the time of the hazing. The
owner of the place where hazing is conducted shall be liable as an
accomplice, when he has actual knowledge of the hazing conducted
therein but failed to take any action to prevent the same from occurring. If
the hazing is held in the home of one of the officers or members of the
fraternity, group, or organization, the parents shall be held liable as
principals when they have actual knowledge of the hazing conducted
therein but failed to take any action to prevent the same from occurring.
The school authorities including faculty members who consent to the hazing
or who have actual knowledge thereof, but failed to take any action to
prevent the same from occurring shall be punished as accomplices for
the acts of hazing committed by the perpetrators. The officers, former
officers, or alumni of the organization, group, fraternity or sorority who
actually planned the hazing although not present when the acts
constituting the hazing were committed shall be liable as principals. A
fraternity or sorority‘s adviser who is present when the acts constituting the
hazing were committed and failed to take action to prevent the same from
occurring shall be liable as principal. The presence of any person during the
hazing is prima facie evidence of participation therein as principal unless
he prevented the commission of the acts punishable herein. Any person
charged under this provision shall not be entitled to the mitigating
circumstance that there was no intention to commit so grave a wrong. This
section shall apply to the president, manager, director or other
responsible officer of a corporation engaged in hazing as a requirement for
employment in the manner provided herein.
Section 6. All laws, orders, rules or regulations, which are inconsistent with or
contrary to the provisions of this Act, are hereby amended or repealed accordingly.
Section 7. This Act shall take effect 15 calendar days after its publication in at least
two national newspapers of general circulation.
The CHED strongly condemns any form of violence committed in the name
of establishing fraternal bonds. Hazing, and all other forms and/or kinds of violence
must be banned.
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The universities and all other institutions must fully assume authority and
responsibility in dealing with fraternities and all other student aggrupation. The CHED
supports firmly this position of universities and all institutions of higher education.
Towards this, the CHED would make available to these organizations fora to
harness their potentials as development agents in campuses, specifically, and in
society generally. These fora would similarly serve to discuss, settle differences, and
differing organizations and students views to transform these organizations into
constructive and productive entities.
Section 1. Short Title. - This Act shall be known as the ―Anti-Violence Against Women
and Their Children Act of 2004‖.
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2. Depriving or threatening to deprive the woman or her children of financial
support legally due her or her family, or deliberately providing the woman‘s
children insufficient financial support;
3. Depriving or threatening to deprive the woman or her child of a legal
right;
4. Preventing the woman in engaging in any legitimate profession,
occupation, business or activity or controlling the victim‘s own money or
properties, or solely controlling the conjugal or common money, or
properties;
f. Inflicting or threatening to inflict physical harm on oneself for the purpose of
controlling her actions or decisions;
g. Causing or attempting to cause the woman or her child to engage in any
sexual activity which does not constitute rape, by force or threat of force,
physical harm, or through intimidation directed against the woman or her child
or her/his immediate family;
h. Engaging in purposeful, knowing, or reckless conduct, personally or through
another that alarms or causes substantial emotional or psychological distress to
the woman or her child. This shall include, but not be limited to, the following
acts:
1. Stalking or following the woman or her child in public or private places;
2. Peering in the window or lingering outside the residence of the woman
or her child;
3. Entering or remaining in the dwelling or on the property of the woman or
her child against her/his will;
4. Destroying the property and personal belongingness or inflicting harm to
animals or pets of the woman or her child; and
5. Engaging in any form of harassment or violence;
i. Causing mental or emotional anguish, public ridicule or humiliation to the
woman or her child, including, but not limited to, repeated verbal and emotional
abuse, and denial of financial support or custody of minor children of access to
the woman‘s child/children.
Section 6. Penalties. - The crime of violence against women and their children, under
Section 5 hereof shall be punished according to the following rules:
a. Acts falling under Section 5(a) constituting attempted, frustrated or
consummated parricide or murder or homicide shall be punished in accordance
with the provisions of the Revised Penal Code. If these acts resulted in
mutilation, it shall be punishable in accordance with the Revised Penal Code;
those constituting serious physical injuries shall have the penalty of prison
mayor; those constituting less serious physical injuries shall be punished by
prision correccional; and those constituting slight physical injuries shall be
punished by arresto mayor.
b. Acts falling under Section 5(b) shall be punished by imprisonment of two
degrees lower than the prescribed penalty for the consummated crime as
specified in the preceding paragraph but shall in no case be lower than arresto
mayor.
c. Acts falling under Section 5(c) and 5(d) shall be punished by arresto mayor;
d. Acts falling under Section 5(e) shall be punished by prision correccional;
e. Acts falling under Section 5(f) shall be punished by arresto mayor;
f. Acts falling under Section 5(g) shall be punished by prision mayor;
g. Acts falling under Section 5(h) and Section 5(i) shall be punished by prision
mayor. If the acts are committed while the woman or child is pregnant or
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committed in the presence of her child, the penalty to be applied shall be the
maximum period of penalty prescribed in the section.
In addition to imprisonment, the perpetrator shall (a) pay a fine in the amount of not
less than one hundred thousand pesos (Php100,000.00) but not more than three
hundred thousand pesos (Php300,000.00); (b) undergo mandatory psychological
counseling or psychiatric treatment and shall report compliance to the court.
Section 1. Title. This Act shall be known as the ―Anti-Sexual Harassment Act of
1995.‖
Section 2. Declaration of Policy. The State shall value the dignity of every individual,
enhance the development of its human resources, guarantee full respect for human
rights, and uphold the dignity of workers, employees, applicants for employment,
students or those undergoing training, instruction, or education. Towards this end, all
forms of sexual harassment in the employment, education, or training environment is
hereby declared unlawful.
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3. When the sexual favor is made a condition to the giving of a passing
grade, or the granting of honors and scholarships, or the payment of a
stipend, allowance or other benefits, privileges, or consideration, or;
4. When the sexual advances result in an intimidating, hostile, or
offensive environment for the student, trainee, or apprentice.
Any person who directs or induces another to commit any act of sexual
harassment as herein defined, or who cooperates in the commission thereof by
another, without which it would not have been committed, shall also be held liable
under this Act.
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Section 5. Liability of the Employer, Head of Office, Educational, or Training
Institution. The employer or head of office, educational, or training institution shall be
solitarily liable for damages arising from the acts of sexual harassment committed in
the employment, education, or training environment, if the employer or head of
office, educational, or training institution is informed of such acts by the offended
party and no immediate action is taken.
Section 6. Independent Action for Damages. Nothing in this Act shall preclude the
victim of work, education, or training-related sexual harassment from instituting a
separate and independent action for damages and other affirmative relief.
Section 7. Penalties. Any person who violates the provisions of this Act shall, upon
conviction, be penalized by imprisonment of not less than one month nor more than
six months, or a fine of not less than ten thousand pesos (Php10,000.00) nor more
than twenty thousand pesos (Php20,000), or both such fine and imprisonment at the
discretion of the court. Any action arising from the violation of the provisions of this
Act shall prescribe in three years.
Section 8. Separability Clause. If any portion or provision of this Act is declared void
or unconstitutional, the remaining portions or provisions hereof shall not be affected
by such declaration.
Section 9. Repealing Clause. All laws, decrees, orders, rules and regulations, other
issuances, or parts thereof inconsistent with the provisions of this Act are hereby
repealed or modified accordingly.
Section 10. Effectivity Clause. This Act shall take effect 15 days after its complete
publication in at least two national newspapers of general circulation.
Section 1. Title. This Act shall be known as the ―Special Protection of Children
against Abuse, Exploitation and Discrimination Act.‖
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protect and rehabilitate children gravely threatened or endangered by circumstances
which affect or will affect their survival and normal development and over which they
have no control. The best interests of children shall be the paramount consideration
in all actions concerning them, whether undertaken by public or private social welfare
institutions, courts of law, administrative authorities, and legislative bodies,
consistent with the principle of First Call for Children as enunciated in the United
Nations Convention of the Rights of the Child. Every effort shall be exerted to
promote the welfare of children and enhance their opportunities for a useful and
happy life.
a. ―Children‖ refers to persons below 18 years of age or those over, but are
unable to fully take care of themselves or protect themselves from abuse,
neglect, cruelty, exploitation, or discrimination because of a physical or mental
disability or condition.
b. ―Child abuse‖ refers to the maltreatment, whether habitual or not, of the child,
which includes any of the following:
1. Psychological and physical abuse, neglect, cruelty, sexual abuse and
emotional maltreatment;
2. Any act by deeds or words which debases, degrades or demeans the
intrinsic worth and dignity of a child as a human being;
3. Unreasonable deprivation of his basic needs for survival, such as food
and shelter, or;
4. Failure to immediately give medical treatment to an injured child
resulting in serious impairment of his growth and development or in his
permanent incapacity or death.
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3. Obscene publications and indecent shows
4. Other acts of abuses
5. Circumstances which threaten or endanger the survival and normal
development of children.
Section 5. Child Prostitution and Other Sexual Abuse. Children, whether male or
female, who for money, profit, or any other consideration, or due to the coercion or
influence of any adult, syndicate or group, indulge in sexual intercourse or lascivious
conduct, are deemed to be children exploited in prostitution and other sexual abuse.
Section 10. Other Acts of Neglect, Abuse, Cruelty or Exploitation and Other Conditions
Prejudicial to the Child‘s Development.
a. Any person who shall commit any other acts of child abuse, cruelty or
exploitation or to be responsible for other conditions prejudicial to the child‘s
development including those covered by Article 59 of Presidential Decree No.
603, as amended, but not covered by the Revised Penal Code, as amended,
shall suffer the penalty of prison mayor in its minimum period.
b. Any person, owner, manager or one entrusted with the operation of any public
or private place of accommodation, whether for occupancy, food, drink or
otherwise, including residential places, who allows any person to take along with
him to such place or places any minor herein described shall be imposed a
penalty of prison mayor in its medium period and a fine of not less than
Php50,000.00), and the loss of the license to operate such a place or
establishment.
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ARTICLE X. CHILDREN IN SITUATIONS OF ARMED CONFLICT
Section 22. Children as Zones of Peace. Children are hereby declared as Zones of
Peace. It shall be the responsibility of the State and all other sectors concerned to
resolve armed conflicts in order to promote the goal of children as zones of peace. To
attain this objective, the following policies shall be observed.
a. Children shall not be the object of attack and shall be entitled to special
respect. They shall be protected from any form of threat, assault, torture or other
cruel, inhumane, or degrading treatment.
...
c. Public infrastructure such as schools, hospitals, and rural health units shall
not be utilized for military purposes such as command posts, barracks,
detachments, and supply depots.
...
Section 27. Who May File a Complaint. Complaints on cases of unlawful acts
committed against the children as enumerated herein may be filed by the following:
a. Offended party
b. Parents or guardians
c. Ascendant or collateral relative within the third degree of consanguinity
d. Officer, social worker, or representative of a licensed child-caring institution
e. Officer or social worker of the Department of Social Welfare and Development
f. Barangay chairman, or
g. At least three concerned responsible citizens where the violation occurred.
Section 28. Protective Custody of the Child. The offended party shall be immediately
placed under the protective custody of the Department of Social Welfare and
Development pursuant to Executive Order No. 56, series of 1986. In the regular
performance of this function, the officer of the Department of Social Welfare and
Development shall be free from any administrative, civil, or criminal liability. Custody
proceedings shall be in accordance with the provisions of Presidential Decree No.
603.
Section 29. Confidentiality. At the instance of the offended party, his name may be
withheld from the public until the court acquires jurisdiction over the case. It shall be
unlawful for any editor, publisher, and reporter, or columnist in case of printed
materials, announcer or producer in case of television and radio broadcasting,
producer and director of the film in case of the movie industry, to cause undue and
sensationalized publicity of any case of violation of this Act which results in the moral
degradation and suffering of the offended party.
Section 30. Special Court Proceedings. Cases involving violations of this Act shall be
heard in the chambers of the judge of the Regional Trial Court duly designated as
Juvenile and Domestic Court. Any provision of existing law to the contrary
notwithstanding and with the exception of habeas corpus, election cases, and cases
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involving detention prisoners and persons covered by Republic Act No. 4908, all
courts shall give preference to the hearing or disposition of cases involving violation
of this Act.
Except for the following instances, no search and seizures of students shall be
deemed valid: a. Searches made at the point of ingress and egress in the University
and in the buildings of the University by authorized personnel of the school b.
Searches and seizures of the illegal articles as defined by the Revised Penal Code
and other related penal laws and the Student Handbook c. Searches and seizures of
articles falling in plain view of duly authorized personnel d. Searches made when the
student is attempting to commit, is committing, has just committed, or has been
committing a crime or a serious infraction of the school‘s rules and regulations e.
Searches made with a valid search warrant f. Searches under any circumstance
conducted on reasonable grounds.
NOTES a. U.S. v. Arceo, 3 Phil. 381 b. Revised Penal Code and Pertinent Penal
Statutes. c. Roan v. Gonzales, 145 SCRA 687 and People v. Alfonso, 219 SCRA 102
d. People v. Delos Santos, 200 SCRA 431, and People v. Gerente, 219 SCRA 756 e.
Alvaro v. Dizon, 76 Phil. 837; Rules of Court, Rule 113 f. Terry v. Ohio
Sec. 1. Short Title. - This Act shall be known as the ―Electronic Commerce Act of
2000‖.
Sec. 2. Declaration of Policy. - The State recognizes the vital role of information and
communications technology (ICT) in nation-building; the need to create an
information-friendly environment which supports and ensures the availability,
diversity and affordability of ICT products and services; the primary responsibility of
the private sector in contributing investments and services in telecommunications
and information technology; the need to develop, with appropriate training programs
and institutional policy changes, human resources for the information technology
age, a labor force skilled in the use of ICT and a population capable of operating and
utilizing electronic appliances and computers; its obligation to facilitate the transfer
and promotion of adaptation technology, to ensure network security, connectivity and
neutrality of technology for the national benefit; and the need to marshal, organize
and deploy national information infrastructures, comprising in both
telecommunications network and strategic information services, including their
interconnection to the global information networks, with the necessary and
appropriate legal, financial, diplomatic and technical framework, systems and
facilities.
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SEC. 31. Lawful Access. - Access to an electronic file or an electronic signature of an
electronic data message or electronic document shall only be authorized and
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enforced in favor of the individual or entity having a legal right to the possession or
the use of the plain text, electronic signature or file and solely for the authorized
purposes. The electronic key for identity or integrity shall not be made available to
any person or party without the consent of the individual or entity in lawful
possession of that electronic key.
SEC. 32. Obligation of Confidentiality. - Except for the purposes authorized under this
Act, any person who obtained access to any electronic key, electronic data message,
or electronic document, book, register, correspondence, information, or other
material pursuant to any powers conferred under this Act, shall not convey to or
share the same with any other person.
SEC. 33. Penalties. - The following Acts shall be penalized by fine and/or
imprisonment, as follows: (a) Hacking or cracking which refers to unauthorized
access into or interference in a computer system/server or information and
communication system; or any access in order to corrupt, alter, steal, or destroy
using a computer or other similar information and communication devices, without
the knowledge and consent of the owner of the computer or information and
communications system, including the introduction of computer viruses and the like,
resulting in the corruption, destruction, alteration, theft or loss of electronic data
messages or electronic document shall be punished by a minimum fine of one
hundred thousand pesos (Php100,000.00) and a maximum commensurate to the
damage incurred and a mandatory imprisonment of six months to three years.
Section 1. Short Title. This Act shall be known and cited as the ―Comprehensive
Dangerous Drugs Act of 2002.‖
Section 2. Declaration of Policy. It is the policy of the State to safeguard and integrity
of its territory and the well-being of its citizenry particularly the youth, from the
harmful effects of dangerous drugs on their physical and mental well-being, and to
defend the same against acts or omissions detrimental to their development and
preservation. In view of the foregoing, the State needs to enhance further the efficacy
of the law against dangerous drugs, it being one of today‘s more serious social ills.
Toward this end, the government shall pursue an intensive and unrelenting campaign
against the trafficking and use of dangerous drugs and other similar substances
through an integrated system of planning and implementation and enforcement of
anti-drug abuse policies, programs, and projects. The government shall however aim
to achieve a balance in the national drug control program so that people with
legitimate medical needs are not prevented from being treated with adequate
amounts of appropriate medications, which include the use of dangerous drugs. It is
further declared the policy of the State to provide effective mechanisms or measures
to reintegrate into society individuals who have fallen victims to drug abuse or
dangerous drug dependence through sustainable programs of treatment and
rehabilitation.
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ARTICLE I. DEFINITION OF TERMS
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Section 3. Definitions. As used in this Act, the following terms shall mean:
a. Administer – Any act of introducing any dangerous drug into the body of any
person, with or without his/her knowledge, by injection, inhalation, ingestion or
other means, or of committing any act of indispensable assistance to a person
in administering a dangerous drug to himself/herself unless administered by a
duly licensed practitioner for purposes of medication.
b. Board – Refers to the Dangerous Drugs Board under Section 77, Article IX of
this Act. c. Centers – Any of the treatment and rehabilitation centers for drug
dependents referred to in Section 34, Article VIII of this Act.
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a. Confirmatory Test – An analytical test using a device, tool or equipment with a
different chemical or physical principle that is more specific which will validate
and confirm the result of the screening test.
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b. Controlled Precursors and Essential Chemicals – Include those listed in
Tables I and II of the 1988 UN Convention against Illicit Traffic in Narcotic Drugs
and Psychotropic Substances as enumerated in the attached annex, which is an
integral part of this Act.
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a. Dangerous Drugs – Include those listed in the Schedules annexed to the
1961 Single Convention on Narcotic Drugs, as amended by the 1972 Protocol,
and in the Schedules annexed to the 1971 Single Convention on Psychotropic
Substances as enumerated in the attached annex which is an integral part of
this Act.
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a. Drug Dependence – As based on the World Health Organization definition, it is
a cluster of physiological, behavioral, and cognitive phenomena of variable
intensity, in which the use of psychoactive drug takes on a high priority thereby
involving, among others, a strong desire or a sense of compulsion to take the
substance and the difficulties in controlling substance taking behavior in terms
of its onset, termination, or levels of use.
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v. Cannabis or commonly known as ―Marijuana‖ or ―Indian Hemp‖ or by its any
other name – Embraces every kind, class, genus, or specie of the plant
Cannabis sativa L. including, but not limited to, Cannabis Americana, hashish,
bhang, guaza, churrus, and ganjab, and embraces every kind, class, character of
marijuana, whether dried or fresh and flowering, flowering or fruiting tops, or any
part or portion of the plant and seeds thereof, and all its geographic varieties,
whether as a reefer, resin, extract, tincture, or in any form whatsoever.
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y. Opium – Refers to the coagulated juice of the opium poppy, Papaver
somniferum L., and embraces every kind, class and character of opium, whether
crude or prepared; the ashes or refuse of the same; narcotic preparations
thereof or therefrom; morphine or any alkaloid of opium; preparations in which
opium, morphine or any alkaloid of opium enters as an ingredient; opium poppy;
opium poppy straw; and leaves or wrappings of opium leaves, whether prepared
for use or not. z. Opium Poppy – Refers to any part of the plant of species
Papaver somniferum L., Papaver sentigerum DC, Papaver orientale, Papaver
bracteatum and Papaver rhoeas, which includesthe seeds, straws, branches,
leaves, or any part thereof, or substances derived therefrom, evenfor fl oral,
decorative, and culinary purposes.
ff. Pusher – Any person who sells, trades, administers, dispenses, delivers,
or gives away to another, on any terms whatsoever, or distributes,
dispatches in transit, or transports dangerous drugs, or who acts as a
broker in any of such transactions, in violation of this Act.
ii. Sell – Any act of giving away any dangerous drug and/or controlled
precursor and essential chemical whether for money or any other
consideration.
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kk. Use – Any act of injecting, intravenously or intramuscularly, of
consuming either by chewing, smoking, sniffing, eating, swallowing,
drinking, or otherwise introducing into the physiological system of the body,
any of the dangerous drugs. . . .
The penalty of life imprisonment to death and a fine ranging from five hundred
thousand pesos (Php500,000.00) to Ten million pesos (Php10,000,000.00) shall be
imposed upon any person, who, unless authorized by law, shall sell, trade,
administer, dispense, deliver, give away to another, distribute dispatch in transit or
transport any dangerous drug, including any and all species of opium poppy
regardless of the quantity and purity involved, or shall act as a broker in any of such
transactions.
The penalty of imprisonment ranging from 12 years and one day to 20 years and a
fine ranging from one hundred thousand pesos (Php100,000.00) to five hundred
thousand pesos (Php500,000.00) shall be imposed upon any person, who, unless
authorized by law, shall sell, trade, administer, dispense, deliver, give away to
another, distribute, dispatch in transit or transport any controlled precursor and
essential chemical, or shall act as a broker in such transactions.
For drug pushers who use minors or mentally incapacitated individuals as runners,
couriers and messengers, or in any other capacity directly connected to the
dangerous drugs and/or controlled precursors and essential chemical trade, the
maximum penalty shall be imposed in every case.
The maximum penalty provided for under this Section shall be imposed upon any
person who organizes, manages or acts as a ―financier‖ of any of the illegal activities
prescribed in this Section. The penalty of 12 years and one day to 20 years of
imprisonment and a fine ranging from One hundred thousand pesos
(Php100,000.00) to five hundred thousand pesos (Php500,000.00) shall be
imposed upon any person, who acts as a ―protector/coddler‖ of any violator of the
provisions under this Section.
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authorized by law, shall possess any dangerous drug in the following quantities,
regardless of the degree of purity thereof:
1. 10 grams or more of opium
2. 10 grams or more of morphine
3. 10 grams or more of heroin
4. 10 grams or more of cocaine or cocaine hydrochloride
5. 50 grams or more of methamphetamine hydrochloride or ―shabu‖
6. 10 grams or more of marijuana resin or marijuana resin oil
7. 500 grams or more of marijuana
8. 10 grams or more of other dangerous drugs such as, but not limited to,
methylenedioxymethamphetamine (MDMA) or ―ecstasy‖,
paramethoxyamphetamine (PMA), trimethoxyamphetamine (TMA), lysergic acid
diethylamine (LSD), gamma hydroxybutyrate (GHB), and those similarly designed
or newly introduced drugs and their derivatives, without having any therapeutic
value or if the quantity possessed is far beyond therapeutic requirements, as
determined and promulgated by the Board in accordance to Section 93, Article
XI of this Act.
Otherwise, if the quantity involved is less than the foregoing quantities, the penalties
shall be graduated as follows:
1. Life imprisonment and fine ranging from four hundred thousand pesos
(Php400,000.00) to five hundred thousand pesos (Php500,000.00), if the
quantity of methamphetamine hydrochloride or ―shabu‖ is 10 grams or more but
less than 50 grams
2. Imprisonment of 20 years and one day to life imprisonment and a fine ranging
from four hundred thousand pesos (Php400,000.00) to five hundred thousand
pesos (Php500,000.00), if the quantities of dangerous drugs are five grams or
more but less than 10 grams of opium, morphine, heroin, cocaine or cocaine
hydrochloride, marijuana resin or marijuana resin oil, methamphetamine
hydrochloride or ―shabu‖, or other dangerous drugs such as, but not limited to,
MDMA or ―ecstasy‖, PMA, TMA, LSD, GHB, and those similarly designed or newly
introduced drugs and their derivatives, without having any therapeutic
requirements; or three hundred (300) grams or more but less than five (500)
grams of marijuana
3. Imprisonment of 12 years and one day to 20 years and a fine ranging from
three hundred thousand pesos (Php300,000.00) to four hundred thousand
pesos (Php400,000.00), if the quantities of dangerous drugs are less than five
grams of opium, morphine, heroin, cocaine or cocaine hydrochloride, marijuana
resin, or marijuana resin oil, methamphetamine hydrochloride or ―shabu‖ or
other dangerous drugs such as, but not limited to, MDMA or ―ecstasy‖, PMA,
TMA, LSD, GHB, and those similarly designed or newly introduced drugs and
their derivatives, without having any therapeutic value or if the quantity
possessed is far beyond therapeutic requirements; or less than three hundred
(300) grams of marijuana.
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person, who, unless authorized by law, shall possess or have under his/her control
any equipment, instrument, apparatus, and other paraphernalia fit or intended for
smoking, consuming, administering, injecting, ingesting, or introducing any
dangerous drug into the body: Provided, That in the case of medical practitioners and
various professionals who are required to carry such equipment instrument,
apparatus and other paraphernalia in the practice of their profession, the Board shall
prescribe the necessary implementing guidelines thereof. The possession of such
equipment, instrument, apparatus, and other paraphernalia fit or intended for any of
the purposes enumerated in the preceding paragraph shall be prima facie evidence
that the possessor has smoked, consumed, administered to himself/herself,
injected, ingested or used a dangerous drug and shall be presumed to have violated
Section 15 of this Act.
Section 36. Authorized Drug Testing. Authorized drug testing shall be done by any
government forensic laboratories or by any of the drug testing laboratories accredited
and monitored by the DOH to safeguard the quality of test results. The DOH shall take
steps in setting the price of the drug test with DOH accredited drug testing centers to
further reduce the cost of such drug test. The drug testing shall employ, among
others, two testing methods, the screening test, which will determine the positive
result as well as the type of the drug used, and the confirmatory test, which will
confirm a positive screening test. Drug test certificates issued by accredited drug
testing centers shall be valid for a one-year period from the date of issue and which
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may be used for other purposes. The following shall be subjected to undergo drug
testing:
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a. Students of secondary and tertiary schools.- Students of secondary and
tertiary schools shall, pursuant to be related rules and regulations as contained
in the school‘s student handbook and with notice to the parents, undergo a
random drug testing: Provided, That all drug testing expenses whether in private
or public schools under this Section will be borne by the government.
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ARTICLE IV. PARTICIPATION OF THE FAMILY, STUDENTS, TEACHERS, AND SCHOOL
AUTHORITIES IN THE ENFORCEMENT OF THIS ACT
Section 41. Involvement of the Family. The family, being the basic unit of the Filipino
society, shall be primarily responsible for the education and awareness of the
members of the family on the ill effects of dangerous drugs and close monitoring of
family members who may be susceptible to drug abuse.
Section 42. Student Councils and Campus Organizations. All elementary, secondary
and tertiary schools‘ student councils and campus organizations shall include in their
activities a program for the prevention of and deterrence in the use of dangerous
drugs, and referral for treatment and rehabilitation of students for drug dependence.
Section 43. School Curricula. Instruction on drug abuse prevention and control shall
be integrated in the elementary, secondary, and tertiary curricula of all public and
private schools, whether general, technical, vocational, or agro-industrial, as well as
in non-formal, informal and indigenous learning systems. Such instructions shall
include:
1. Adverse effects of the abuse and misuse of dangerous drugs on the person,
the family, the school and the community
5. Misconceptions about the use of dangerous drugs such as, but not limited to,
the importance and safety of dangerous drugs for medical and therapeutic use
as well as the differentiation between medical patients and drug dependents in
order to avoid confusion and accidental stigmatization in the consciousness of
the students.
Section 44. Heads, Supervisors, and Teachers of Schools. For the purpose often
forcing the provisions of Article II of this Act, all school heads, supervisors, and
teachers shall be deemed persons in authority and, as such, are hereby empowered
to apprehend, arrest, or cause the apprehension or arrest of any person who shall
violate any of the said provisions, pursuant to Section 5, Rule 113 of the Rules Court.
They shall be deemed persons in authority if they are in the school or within its
immediate vicinity, or even beyond such immediate vicinity if they are in attendance
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at any school or class function in their official capacity as school heads, supervisors,
and teachers.
Any teacher or school employee, who discovers or finds that any person in the school
within its immediate vicinity is liable for violating any of said provisions, shall have
the duty to report the same to the school head or immediate superior who shall, in
turn, report the matter to the proper authorities.
Failure to do in either case, within a reasonable period from the time of discovery of
the violation shall, after due hearing, constitute sufficient cause for disciplinary
action by the school authorities.
Section 45. Publication and Distribution of Materials on Dangerous Drugs. With the
assistance of the Board, the Secretary of the Department of Education (DepEd), the
CHED, and the Director-General of the Technical Education and Skills Development
Authority (TESDA), shall cause the development, publication, and distribution of
information and support educational materials on dangerous drugs to students, the
faculty, the parents, and the community.
Section 46. Special Drug Education Center. With the assistance of the Board, the
Department of Interior and Local Government (DILG), the National Youth Commission
(NYC), and the Department of Social Welfare and Development (DSWD), shall
establish in each of its provincial offices a special education drug center for out-of-
school youth and street children. Such Center, which shall be headed by the
Provincial Social Development Officer, shall sponsor drug prevention programs and
activities and information campaigns with the end in view of educating the out-of-
school youth and street children regarding the pernicious effects of drug abuse. The
programs initiated by the Center shall likewise be adopted in all public and private
orphanage and existing special centers for street children.
WHEREAS, Section 36 (c) , Article III of Republic Act 9165, mandates that the
students of secondary and tertiary schools shall undergo drug testing and that all
drug testing expenses whether in public or private schools under this Section will be
borne by the government;
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SECTION 1. Subject, is hereby amended by including ―students of vocational and
technical schools‖, as among those covered by the guidelines which should now read
as follows:
Item 2.a. should read as: ―The Supervising Agency shall inform all schools on their
inclusion in the random drug testing program.‖
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c. In case the test results are positive at the screening level, the same specimen
shall immediately be submitted for confirmation observing all strict chain of
custody procedures and confidentiality of records.
ii. The Supervising Agency shall then transmit the results to the concerned
school/ institution by informing the particular school/institution‘s random
drug testing (RDT) Coordinator previously assigned by the selection board.
1. The Supervising Agency shall remind the RDT Coordinator of the
confidential nature of the results and strict handling of the ―chain of
custody‖ of the information should be observed.
iii. The school/institution‘s RDT Coordinator shall then inform the parent
and the student of the results and how the information is regarded with
utmost secrecy and confidentiality
1. The Coordinator shall remind the student that divulging the results
with anybody will be at his own risk; and
2. That if possible, the information should remain in the confines of their
house.
iv. The parent, the RDT Coordinator and the student shall then prepare
for a case conference to discuss issues of drug use and possible
dependency.
v. The Drug Testing Coordinator shall refer the student and his/her
parent to a government-owned DOH- accredited facility or DOH-
accredited government physician to determine the student‘s dependency
level.
vi. A date and venue shall be selected for the case conference
1. Date should be agreeable to all concerned in the case conference
(Parent, Student, RDT Coordinator and the DOH Accredited Physician).
2. Venue should have a semblance of privacy (preferably in a room, with
an office table where group discussions and individual sessions can be
done).
3. Whichever is more convenient for the student and parent, venue could
be as follows:
a. Regional Office or hospital of the DOH
b. Regional Office of the Supervising Agency
c. Other designated venue which can assure privacy
vii. The RDT Coordinator shall inform Supervising Agency Central Office
coordinator on the possible dates and venue for further discussions of
options.
viii. Once, finalized, the group shall proceed as planned with the case
conference.
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1. Drug dependency level of the student shall be evaluated;
2. Cross reference of information shall be validated from the parent and
RDT Coordinator;
3. Treatment planning for the student shall be discussed and presented
to the student and parent;
4. Options for treatment should be presented to the parent and student;
5. If a student (below 18 years of age) is found to be a drug dependent,
the school authority shall refer him/her to the Department of Social
Welfare and Development (DSWD) or a local social worker for counseling
and other intervention;
6. The parent and the student may choose to enroll the student in a
private rehabilitation center or program or opt to avail of the
rehabilitation services of the government through a DOH-accredited
facility.
a. If child opts for government service, the DOH treatment and
rehabilitation centers nearest to the area can provide services;
b. If the parent and student would opt for private services, appropriate
referrals will be done, taking note of the progress of treatment on a
regular basis;
7. Trained guidance counselors can also be utilized.
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the same student population, and the student is found positive the second
time, the school shall proceed in accordance with Section 61, R.A. 9165.
i. If the parents refuse to act, the school shall proceed in accordance to
Sec. 61 of RA 9165 without prejudice to the provision of Section 73, RA 9165.
The DepEd, CHED, Technical Education and Skills Development Authority (TESDA),
the Philippine Drug Enforcement Agency (PDEA) and Dangerous Drugs Board (DDB) in
coordination with each other, shall formulate and conduct the training program for
guidance counselors for the purpose of enhancing their skills in handling drug abuse
prevention programs and handling drug dependency cases. The school guidance
counselors and other qualified medical personnel shall be encouraged to undergo
DOH accreditation.
H. ENFORCEMENT OF COMPLIANCE
Students who refuse to undergo random drug testing shall be dealt with in
accordance with the rules and regulations of the schools; provided that at no time
refusal to undergo testing shall not give rise to a presumption of drug use or
dependency; provided further that the school may implement interventions on such
refusal other than the offense of drug use or dependency. Interventions should be
consistent with the provisions of this Board Regulation and it‘s guiding principles.
Schools that refuse to implement the random drug testing program shall be liable
under Section 32 of RA 9165 without prejudice to other administrative sanctions
imposed by the Supervising Agencies. The Supervising Agency shall report the
same to the Philippine Drug Enforcement Agency (PDEA) and the Dangerous Drugs
Board (DDB).
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activities shall submit reports to the Supervising Agencies for proper accreditation of
the Department of Health. Attached is the flow chart of activities which shall be an
integral part of this Regulation. All issuances, including Board Regulation No. 6, s.
2003 or part thereof inconsistent herewith, are deemed repealed or modified
accordingly.
SECTION 7. Effectivity – This Regulation shall take effect after fifteen (15) days after
its publication in two newspapers of general circulation and after its registration with
the Office of the National Administrative Register (ONAR), UP Law Center, Quezon
City.
Section 1. Short Title. – This Act shall be known as the Tobacco Regulation Act of
2003.
Section 2. Policy. – It is the policy of the State to protect the populace from
hazardous products and promote the right to health and instill health consciousness
among them. It is also the policy of the State, consistent with the Constitutional ideal
to promote the general welfare, to safeguard the interests of the workers and other
stakeholders in the tobacco industry. For these purposes, the government shall
institute a balanced policy whereby the use, sale and advertisements of tobacco
products shall be regulated in order to promote a healthful environment and protect
the citizens from the hazards of tobacco smoke, and at the same time ensure that
the interests of tobacco farmers, growers, workers and stakeholders are not
adversely compromised.
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b. ―Advertising‖ – refers to the business of conceptualizing presenting,
making available and communicating to the public, through any form of
mass media, any fact, data or information about the attributes, features,
quality or availability of consumer products, services or credit.
For the purpose of this Act, advertising shall be understood as tobacco
advertising. This shall specifically refer to any messages and images
promoting smoking; the purchase or use of cigarette or tobacco
products; and cigarette or tobacco trademarks, brand names, design
and manufacturer‘s names;
c. ―Advertiser‖ – refers to a person or entity on whose account or for whom
an advertisement is prepared and disseminated by the advertising
agency, which is a service established and operated for the purpose of
counseling or creating and producing and/or implementing advertising
programs in various forms of media;
d. ―Cigarette‖ - refers to any roll or tubular construction, which contains
tobacco or its derivatives and is intended to be burned or heated under
ordinary conditions of use;
e. ―Distributor‖- refers to any person to whom a tobacco product is delivered
or sold for purposes of distribution in commerce, except that such term
does not include a manufacturer or retailer or common carrier of such
product;
f. ―Mass Media‖ – refers to any medium of communication designed to
reach a mass of people. For this purpose, mass media includes print
media such as, but not limited to, newspapers, magazines, and
publications; broadcast media such as, but not limited to, radio,
television, cable television, and cinema; electronic media such as but
not limited to the internet;
g. ―Minor‖ - refers to any person below 18 years old;
h. ―Manufacturer‖ – refers to any person or entity, including a re-packer,
who makes, fabricates, assembles, processes, or labels a finished
product;
i. ―Package‖ – refers to packs, boxes, cartons or containers of any kind in
which any tobacco product is offered for sale to consumers;
j. ―Person‖ – refers to an individual, partnership, corporation or any other
business or legal entity;
k. ―Point-of-Sale‖ – refers to any location at which individual can purchase
or otherwise obtain tobacco products;
l. ―Promotion‖ – refers to an event or activity organized by or on behalf of a
tobacco manufacturer, distributor or retailer with the aim of promoting a
brand of tobacco product, which event or activity would not occur but for
the support given to it by or on behalf of the tobacco manufacturer,
distributor or retailer. It may also refer to the display of tobacco product
or manufacturer‘s name, trademark, logo, etc. on nontobacco products.
This includes the paid use of tobacco products bearing the brand names,
trademarks, logos, etc. in movies, television and other forms of
entertainment. For the purpose of this Act, promotion shall be
understood as tobacco promotion;
m. ―Public Conveyances‖ – refer to modes of transportation servicing the
general population, such as, but not limited to, elevators, airplanes,
buses, taxicabs, ships, jeepneys, light rail transits, tricycles, and similar
vehicles;
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n. ―Public Places‖ – refer to enclosed or confined areas of all hospitals,
medical clinics, schools, public transportation terminals and offices, and
buildings such as private and public offices, recreational places,
shopping malls, movie houses, hotels, restaurants, and the like;
o. ―Retailer‖ – refers to any person who or entity that sells tobacco products
to individuals for personal consumption;
p. ―Smoking‖ – refers to the act of carrying a lighted cigarette or other
tobacco products, whether or not it is being inhaled or smoked;
q. ―Sponsorship‖ – refers to any public or private contribution to a third
party in relation to an event, team or activity made with the aim of
promoting a brand of tobacco product, which event, team or activity
would still exist or occur without such contribution. For the purpose of
this Act, sponsorship shall be understood as tobacco sponsorship;
r. ―Tobacco‖ – refers to agricultural components derived from the tobacco
plant, which are processed for use in the manufacturing of cigarettes and
other tobacco products;
s. ―Tobacco Product‖ – refers to any product that consists of loose tobacco
that contains nicotine and is intended for use in a cigarette, including any
product containing tobacco and intended for smoking or oral or nasal
use. Unless stated otherwise, the requirements of this Act pertaining to
cigarettes shall also apply to other tobacco products;
t. ―Tobacco Grower‖ – refers to any person who plants tobacco before the
enactment of this Act and classified as such by the National Tobacco
Administration (NTA); and
u. ―Warning‖ – refers to the notice printed on the tobacco product or its
container and/ or displayed in print or aired in broadcast or electronic
media including outdoor advertising and which shall bear information on
the hazards of tobacco use.
HEALTHFUL ENVIRONMENT
Section 6. Designated Smoking and Non-smoking Areas. - In all enclosed places that
are open to the general public, private workplaces and other places not covered
under the preceding section, where smoking may expose a person other than the
smoker to tobacco smoke, the owner, proprietor, operator, possessor, manager or
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administrator of such places shall establish smoking and non-smoking areas. Such
areas may include a designated smoking area within the building, which may be in an
open space or separate area with proper ventilation, but shall not be located within
the same room that has been designated as non-smoking area.
All designated smoking areas shall have at least one legible and visible sign posted,
namely ―SMOKING AREA‖ for the information and guidance of all concerned. In
addition, the sign or notice posted shall include a warning about the health effects of
direct or secondhand exposure to tobacco smoke. Non-smoking areas shall likewise
have at least one legible and visible sign, namely: ―NON-SMOKING AREA‖ or ―NO
SMOKING.‖
PENAL PROVISIONS
Section 33. Programs and Projects. – For a period not exceeding five years, the
National Government and the concerned departments and agencies shall provide the
following programs and projects:
INFORMATION PROGRAM
Section 34. Information Drive. – Consistent with the provisions of this Act, the DOH
shall, in cooperation with the DepEd and with the assistance of the Philippine
Information Agency (PIA), undertake a continuous information program on the
harmful effects of smoking.
The DOH shall enlist the active participation of the public and private sectors in the
national effort to discourage the unhealthy habit of smoking.
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Section 35. Instruction on the Hazardous Effect of Smoking as Part of School
Curricula. – Instruction on the adverse effects of cigarette/tobacco smoking,
including their health, environmental and economic implications, shall be integrated
into the existing curricula of all public and private elementary and high schools.
The DepEd Secretary shall promulgate such rules and regulations as may be
necessary to carry out the above stated policy hereof, and, with the assistance of the
Secretary of Health, and with the approval of the IAC-Tobacco, shall cause the
publication and distribution of materials on unhealthy effects of smoking to students
and the general public.
Section 1. Title. — This Act shall be known and cited as the ―Magna Carta for
Disabled Persons.‖
Section 2. Declaration of Policy — The grant of the rights and privileges for disabled
persons shall be guided by the following principles:
(a) Disabled persons are part of Philippine society, thus the State shall give
full support to the improvement of the total well-being of disabled persons
and their integration into the mainstream of society. Toward this end, the
State shall adopt policies ensuring the rehabilitation, self-development and
self-reliance of disabled persons. It shall develop their skills and potentials
to enable them to compete favorably for available opportunities.
(b) Disabled persons have the same rights as other people to take their
proper place in society. They should be able to live freely and as
independently as possible. This must be the concern of everyone — the
family, community and all government and non-government organizations.
Disabled persons‘ rights must never be perceived as welfare services by the
Government.
(c) The rehabilitation of the disabled persons shall be the concern of the
Government in order to foster their capacity to attain a more meaningful,
productive and satisfying life. To reach out to a greater number of disabled
persons, the rehabilitation services and benefits shall be expanded beyond
the traditional urban-based centers to community based programs that will
ensure full participation of different sectors as supported by national and
local government agencies.
CHAPTER II EDUCATION
Section 12. Access to Quality Education. — The State shall ensure that disabled
persons are provided with access to quality education and ample opportunities to
develop their skills. It shall take appropriate steps to make such education
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accessible to all disabled persons. It shall be unlawful for any learning institution to
deny a disabled person admission to any course it offers by reason of handicap or
disability. The State shall take into consideration the special requirements of
disabled persons in the formulation of educational policies and programs. It shall
encourage learning institutions to take into account the special needs of disabled
persons with respect to the use of school facilities, class schedules, physical
education requirements, and other pertinent consideration.
The State shall also promote the provision by learning institutions, especially higher
learning institutions of auxiliary services that will facilitate the learning process for
disabled persons.
Section 13. Assistance to Disabled Students. — The State shall provide financial
assistance to economically marginalized but deserving disabled students pursuing
post-secondary or tertiary education. Such assistance may be in the form of
scholarship grants, student loan programs, subsidies, and other incentives to
qualified disabled students in both public and private schools. At least five percent
(5%) of the allocation for the Private Education
Student Financial Assistance Program created by virtue of R.A. 6725 shall be set
aside for disabled students pursuing vocational or technical and degree courses.
Section 1. Short Title – This Act shall be known as the ―Ecological Solid Waste
Management Act of 2000.‖
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the best environmental practice in ecological waste management
excluding incineration;
(e) Promote national research and development programs for improved
solid waste management and resource conservation techniques, more
effective institutional arrangement and indigenous and improved
methods of waste reduction, collection, separation and recovery;
(f) Encourage greater private sector participation in solid waste
management;
(g) Retain primary enforcement and responsibility of solid waste
management with local government units while establishing a
cooperative effort among the national government, other local
government units, non- government organizations, and the private
sector;
(h) Encourage cooperation and self-regulation among waste generators
through the application of market-based instruments;
(i) Institutionalize public participation in the development and
implementation of national and local integrated, comprehensive, and
ecological waste management programs; and
(j) Strengthen the integration of ecological solid waste management and
resource conservation and recovery topics into the academic
curricula of formal and non-formal education in order to promote
environmental awareness and action among the citizenry.
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(j) Disposal shall refer to the discharge, deposit, dumping, spilling, leaking
or placing of any solid waste into or in an land;
(k) Disposal site shall refer to a site where solid waste is finally discharged
and deposited;
(l) Ecological solid waste management shall refer to the systematic
administration of activities which provide for segregation at source,
segregated transportation, storage, transfer, processing, treatment,
and disposal of solid waste and all other waste management activities
which do not harm the environment;
(m) Environmentally acceptable shall refer to the quality of being re-usable,
biodegradable or compostable, recyclable and not toxic or hazardous
to the environment;
(n) Generation shall refer to the act or process of producing solid waste;
(o) Generator shall refer to a person, natural or juridical, who last uses a
material and makes it available for disposal or recycling;
(p) Hazardous waste shall refer to solid waste management or combination
of solid waste which because of its quantity, concentration or physical,
chemical or infectious characteristics may:
SEC. 1. Short Title. – This Act shall be known as the "Anti-Bullying Act of 2013".
SEC. 2. Acts of Bullying. – For purposes of this Act, "bullying" shall refer to any severe
or repeated use by one or more students of a written, verbal or electronic expression,
or a physical act or gesture, or any combination thereof, directed at another student
that has the effect of actually causing or placing the latter in reasonable fear of
physical or emotional harm or damage to his property; creating a hostile environment
at school for the other student; infringing on the rights of the other student at school;
or materially and substantially disrupting the education process or the orderly
operation of a school; such as, but not limited to, the following:
a. Any unwanted physical contact between the bully and the victim like
punching, pushing, shoving, kicking, slapping, tickling, headlocks,
inflicting school pranks, teasing, fighting and the use of available
objects as weapons;
b. Any act that causes damage to a victim‘s psyche and/or emotional well-
being;
c. Any slanderous statement or accusation that causes the victim undue
emotional distress like directing foul language or profanity at the target,
name-calling, tormenting and commenting negatively on victim‘s looks,
clothes and body; and
d. Cyber-bullying or any bullying done through the use of technology or any
electronic means.na
SEC. 3. Adoption of Anti-Bullying Policies. – All elementary and secondary schools are
hereby directed to adopt policies to address the existence of bullying in their
respective institutions. Such policies shall be regularly updated and, at a minimum,
shall include provisions which:
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(a) Prohibit the following acts:
(1) Bullying on school grounds; property immediately adjacent to
school grounds; at school-sponsored or school-related activities,
functions or programs whether on or off school grounds; at school
bus stops; on school buses or other vehicles owned, leased or
used by a school; or through the use of technology or an electronic
device owned, leased or used by a school;
(2) Bullying at a location, activity, function or program that is not
school-related and through the use of technology or an electronic
device that is not owned, leased or used by a school if the act or
acts in question create a hostile environment at school for the
victim, infringe on the rights of the victim at school, or materially
and substantially disrupt the education process or the orderly
operation of a school; and
(3) Retaliation against a person who reports bullying, who
provides information during an investigation of bullying, or who is
a witness to or has reliable information about bullying;
(b) Identify the range of disciplinary administrative actions that may be
taken against a perpetrator for bullying or retaliation which shall be
commensurate with the nature and gravity of the offense: Provided, That, in
addition to the disciplinary sanctions imposed upon a perpetrator of
bullying or retaliation, he/she shall also be required to undergo a
rehabilitation program which shall be administered by the institution
concerned. The parents of the said perpetrator shall be encouraged by the
said institution to join the rehabilitation program;
(c) Establish clear procedures and strategies for:
(1) Reporting acts of bullying or retaliation;
(2) Responding promptly to and investigating reports of bullying or
retaliation;
(3) Restoring a sense of safety for a victim and assessing the
student‘s need for protection;
(4) Protecting from bullying or retaliation of a person who reports
acts of bullying, provides information during an investigation
of bullying, or is witness to or has reliable information about
an act of bullying; and
(5) Providing counseling or referral to appropriate services for
perpetrators, victims and appropriate family members of said
students;
(d) Enable students to anonymously report bullying or retaliation: Provided,
however, That no disciplinary administrative action shall be taken against a
perpetrator solely on the basis of an anonymous report;
(e) Subject a student who knowingly makes a false accusation of bullying to
disciplinary administrative action;
(f) Educate students on the dynamics of bullying, the anti-bullying policies of
the school as well as the mechanisms of such school for the anonymous
reporting of acts of bullying or retaliation;
(g) Educate parents and guardians about the dynamics of bullying, the anti-
bullying policies of the school and how parents and guardians can provide
support and reinforce such policies at home; and
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(h) Maintain a public record of relevant information and statistics on acts of
bullying or retaliation in school: Provided, That the names of students who
committed acts of bullying or retaliation shall be strictly confidential and
only made available to the school administration, teachers directly
responsible for the said students and parents or guardians of students who
are or have been victims of acts of bullying or retaliation.
All elementary and secondary schools shall provide students and their parents or
guardians a copy of the anti-bullying policies being adopted by the school. Such
policies shall likewise be included in the school‘s student and/or employee handbook
and shall be conspicuously posted on the school walls and website, if there is any.
The DepEd shall include in its training programs, courses or activities which shall
provide opportunities for school administrators, teachers and other employees to
develop their knowledge and skills in preventing or responding to any bullying act.
SEC. 4. Mechanisms to Address Bullying. – The school principal or any person who
holds a comparable role shall be responsible for the implementation and oversight of
policies intended to address bullying.
If an incident of bullying or retaliation involves students from more than one school,
the school first informed of the bullying or retaliation shall promptly notify the
appropriate administrator of the other school so that both may take appropriate
action.
SEC. 5. Reporting Requirement. – All schools shall inform their respective schools
division superintendents in writing about the anti-bullying policies formulated within
six months from the effectivity of this Act. Such notification shall likewise be an
administrative requirement prior to the operation of new schools.
Beginning with the school year after the effectivity of this Act, and every first week of
the start of the school year thereafter, schools shall submit a report to their
respective schools division superintendents all relevant information and statistics on
acts of bullying or retaliation. The schools division superintendents shall compile
these data and report the same to the Secretary of the DepEd who shall likewise
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formally transmit a comprehensive report to the Committee on Basic Education of
both the House of Representatives and the Senate.
SEC. 7. Implementing Rules and Regulations. – Within 90 days from the effectivity of
this Act, the DepEd shall promulgate the necessary rules and regulations to
implement the provisions of this Act.
SEC. 8. Separability Clause. – If, for any reason, any provision of this Act is declared
to be unconstitutional or invalid, the other sections or provisions hereof which are not
affected thereby shall continue to be in full force or effect.
SEC. 9. Repealing Clause. – All laws, decrees, orders, rules and regulations or parts
thereof which are inconsistent with or contrary to the provisions of this Act are hereby
repealed, amended or modified accordingly.
SEC. 10. Effectivity. – This Act shall take effect fifteen (15) days after its publication
in at least two national newspapers of general circulation.
Sec. 1. Title. This Act shall be known as the "Cybercrime Prevention Act of 2012.
Sec.2. Declaration of Policy. The State recognizes the vital role of information and
communications industries such as content production, telecommunications,
broadcasting electronic commerce, and data processing, in the nation‘s overall social
and economic development. The State also recognizes the importance of providing
an environment conducive to the development, acceleration, and rational application
and exploitation of information and communications technology (ICT) to attain free,
easy, and intelligible access to exchange and/or delivery of information; and the
need to protect and safeguard the integrity of computer, computer and
communications systems, networks, and databases, and the confidentiality, integrity,
and availability of information and data stored therein, from all forms of misuse,
abuse, and illegal access by making punishable under the law such conduct or
conducts. In this light, the State shall adopt sufficient powers to effectively prevent
and combat such offenses by facilitating their detection, investigation, and
prosecution at both the domestic and international levels, and by providing
arrangements for fast and reliable international cooperation.
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Sec. 3. Definition of Terms. For purposes of this Act, the following terms are hereby
defined as follows:
(a) Access refers to the instruction, communication with, storing data in, retrieving
data from, or otherwise making use of any resources of a computer system or
communication network.
(b) Alteration refers to the modification or change, in form or substance, of an
existing computer data or program.
(c) Communication refers to the transmission of information through ICT media,
including voice, video and other forms of data.
(d) Computer refers to an electronic, magnetic, optical, electrochemical, or other data
processing or communications device, or grouping of such devices, capable of
performing logical, arithmetic, routing, or storage functions and which includes any
storage facility or equipment or communications facility or equipment directly related
to or operating in conjunction with such device. It covers any type of computer device
including devices with data processing capabilities like mobile phones, smart
phones, computer networks and other devices connected to the internet.
(e) Computer data refers to any representation of facts, information, or concepts in a
form suitable for processing in a computer system including a program suitable to
cause a computer system to perform a function and includes electronic documents
and/or electronic data messages whether stored in local computer systems or online.
(f) Computer program refers to a set of instructions executed by the computer to
achieve intended results.
(g) Computer system refers to any device or group of interconnected or related
devices, one or more of which, pursuant to a program, performs automated
processing of data. It covers any type of device with data processing capabilities
including, but not limited to, computers and mobile phones. The device consisting of
hardware and software may include input, output and storage components which
may stand alone or be connected in a network or other similar devices. It also
includes computer data storage devices or media.
(h) Without right refers to either: (i) conduct undertaken without or in excess of
authority; or (ii) conduct not covered by established legal defenses, excuses, court
orders, justifications, or relevant principles under the law.
(i) Cyber refers to a computer or a computer network, the electronic medium in which
online communication takes place.
(j) Critical infrastructure refers to the computer systems, and/or networks, whether
physical or virtual, and/or the computer programs, computer data and/or traffic data
so vital to this country that the incapacity or destruction of or interference with such
system and assets would have a debilitating impact on security, national or economic
security, national public health and safety, or any combination of those matters.
(k) Cybersecurity refers to the collection of tools, policies, risk management
approaches, actions, training, best practices, assurance and technologies that can
be used to protect the cyber environment and organization and users assets.
(l) Database refers to a representation of information, knowledge, facts, concepts, or
instructions which are being prepared, processed or stored or have been prepared,
processed or stored in a formalized manner and which are intended for use in a
computer system.
(m) Interception refers to listening to, recording, monitoring or surveillance of the
content of communications, including procuring of the content of data, either directly,
through access and use of a computer system or indirectly, through the use of
electronic eavesdropping or tapping devices, at the same time that the
communication is occurring.
(n) Service provider refers to:
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(1) Any public or private entity that provides to users of its service the ability
to communicate by means of a computer system; and
(2) Any other entity that processes or stores computer data on behalf of
such communication service or users of such service.
(o) Subscribers information refers to any information contained in the form of
computer data or any other form that is held by a service provider, relating to
subscribers of its services other than traffic or content data and by which identity can
be established:
(1) The type of communication service used, the technical provisions taken
thereto and the period of service;
(2) The subscribers identity, postal or geographic address, telephone and
other access numbers, any assigned network address, billing and payment
information, available on the basis of the service agreement or
arrangement; and
(3) Any other available information on the site of the installation of
communication equipment, available on the basis of the service agreement
or arrangement.
(p) Traffic data or non-content data refers to any computer data other than the
content of the communication including, but not limited to, the communications
origin, destination, route, time, date, size, duration, or type of underlying service.
Sec. 4. Cybercrime Offenses. The following acts constitute the offense of cybercrime
punishable under this Act:
(a) Offenses against the confidentiality, integrity and availability of computer data
and systems:
(1) Illegal Access. The access to the whole or any part of a computer system
without right.
(2) Illegal Interception. The interception made by technical means without right
of any non-public transmission of computer data to, from, or within a computer
system including electromagnetic emissions from a computer system carrying
such computer data.
(3) Data Interference. The intentional or reckless alteration, damaging, deletion
Or deterioration of computer data, electronic document, or electronic data
message, without right, including the introduction or transmission of viruses.
(4) System Interference. The intentional alteration or reckless hindering or
interference with the functioning of a computer or computer network by
inputting, transmitting, damaging, deleting, deteriorating, altering or
suppressing computer data or program, electronic document, or electronic data
message, without right or authority, including the introduction or transmission of
viruses.
(5) Misuse of Devices.
(i) The use, production, sale, procurement, importation, distribution, or
otherwise making available, without right, of:
(aa) A device, including a computer program, designed or adapted
primarily for the purpose of committing any of the offenses under
this Act; or
(bb) A computer password, access code, or similar data by which
the whole or any part of a computer system is capable of being
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accessed with intent that it be used for the purpose of committing
any of the offenses under this Act.
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of further commercial electronic messages (opt-out) from the
same source;
(bb) The commercial electronic communication does not
purposely disguise the source of the electronic message; and
(cc) The commercial electronic communication does not
purposely include misleading information in any part of the
message in order to induce the recipients to read the message.
(4) Libel. The unlawful or prohibited acts of libel as defined in Article 355 of the
Revised Penal Code, as amended, committed through a computer system or any
other similar means which may be devised in the future.
Sec. 5. Other Offenses. The following acts shall also constitute an offense:
(a) Aiding or Abetting in the Commission of Cybercrime. Any person who willfully abets
or aids in the commission of any of the offenses enumerated in this Act shall be held
liable.
(b) Attempt in the Commission of Cybercrime. Any person who willfully attempts to
commit any of the offenses enumerated in this Act shall be held liable.
Sec. 6. All crimes defined and penalized by the Revised Penal Code, as amended,
and special laws, if committed by, through and with the use of information and
communications technologies shall be covered by the relevant provisions of this
Act: Provided, That the penalty to be imposed shall be one degree higher than that
provided for by the Revised Penal Code, as amended, and special laws, as the case
may be.
Sec. 7. Liability under Other Laws. A prosecution under this Act shall be without
prejudice to any liability for violation of any provision of the Revised Penal Code, as
amended or special laws.
Sec. 8. Penalties. Any person found guilty of any of the punishable acts enumerated
in Sections 4(a) and 4(b) of this Act shall be punished with imprisonment of prision
mayor or a fine of at least Php200,000.00 up to a maximum amount commensurate
to the damage incurred or both.
Any person found guilty of the punishable act under Section 4(a)(5) shall be punished
with imprisonment of prision mayor or a fine of not more than Php500,000.00 or
both.
If punishable acts in Section 4(a) are committed against critical infrastructure, the
penalty of reclusion temporal or a fine of at least Php500,000.00 up to maximum
amount commensurate to the damage incurred or both, shall be imposed.
Any person found guilty of any of the punishable acts enumerated in Section 4(c)(1)
of this Act shall be punished with imprisonment of prision mayor or a fine of at least
Php200,000.00 but not exceeding Phpl,000,000.00 or both.
Any person found guilty of any of the punishable acts enumerated in Section 4(c)(2)
of this Act shall be punished with the penalties as enumerated in Republic Act No.
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9775 or the "Anti-Child Pornography Act of 2009″: Provided, That the penalty to be
imposed shall be one degree higher than that provided for in Republic Act No. 9775,
if committed through a computer system.
Any person found guilty of any of the punishable acts enumerated in Section 4(c)(3)
shall be punished with imprisonment of arresto mayor or a fine of at least
Php50,000.00 but not exceeding Php250,000.00 or both.
Any person found guilty of any of the punishable acts enumerated in Section 5 shall
be punished with imprisonment one degree lower than that of the prescribed penalty
for the offense or a fine of at least Phpl00,000.00 but not exceeding Php500,000.00
or both.
Sec. 9. Corporate Liability. When any of the punishable acts herein defined are
knowingly committed on behalf of or for the benefit of a juridical person, by a natural
person acting either individually or as part of an organ of the juridical person, who
has a leading position within, based on: (a) a power of representation of the juridical
person provided the act committed falls within the scope of such authority; (b) an
authority to take decisions on behalf of the juridical person: Provided, That the act
committed falls within the scope of such authority; or (c) an authority to exercise
control within the juridical person, the juridical person shall be held liable for a fine
equivalent to at least double the fines imposable in Section 7 up to a maximum of
Php10,000,000.00.
If the commission of any of the punishable acts herein defined was made possible
due to the lack of supervision or control by a natural person referred to and
described in the preceding paragraph, for the benefit of that juridical person by a
natural person acting under its authority, the juridical person shall be held liable for a
fine equivalent to at least double the fines imposable in Section 7 up to a maximum
of Php5,000,000.00).
The liability imposed on the juridical person shall be without prejudice to the criminal
liability of the natural person who has committed the offense.
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UNIVERSITY OF MAKATI
J.P. Rizal Ext., West Rembo, Makati City
CONTRACT
Date: __________________
Greetings!
This is to inform you that I personally read, studied and understood the
contents of the University of Makati, Undergraduate Student Handbook, 2016
Edition, and will abide by the school policies.
_______________________________
Student‘s signature over printed name
_______________________________
Parent‘s signature over printed name
Note: Please detach this form and submit immediately to the Office of Student Life.
The Office is located at Room 205, Academic Building II.
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