Dear PAO,

I am currently in junior high school. My lola has partially paid for my tuition fee during the start of the school year, but we are now struggling to pay for the balance. You see, even at her old age of seventy, my lola still sells vegetables in our local market to support my education. She has been solely raising me since my parents passed away four years ago. I, on the other hand, sell crocheted stuff as a “side hustle” to help my lola with our daily expenses. Unfortunately, she was hospitalized recently. It was unexpected, and it drained us financially.

Now, I am worried that I may not be able to take the final examinations scheduled next month because of my unsettled balance with our school. I heard from other students that there is a “No Permit, No Exam” policy. I really do not want to miss our examinations and risk not finishing high school on time. I am really looking forward to graduating next school year and finding a good-paying job that can comfortably support myself and my lola. Is there anything I can do or present to our school in order for them to let me take the examinations? Please advise.

Carla

Dear Carla,

Republic Act (RA) 11984, otherwise known as the No Permit, No Exam Prohibition Act, was approved into law on March 11, 2024. It aims to ensure that educational opportunities are accessible to students no matter what their economic status may be. In particular, RA 11984 mandates educational institutions to allow students, who are unable to pay the appropriate tuition fee and are not issued a test permit, to take scheduled examinations if there is a lawful or justifiable reason for his or her failure to make such payment. The law encompasses “all public and private basic (K–12) institutions, higher education institutions and technical-vocational institutions (TVIs): Provided, That in the case of TVIs, this Act shall only cover long-term courses exceeding one (1) year.” (Section 3, id)

Fundamentally, the law provides a leeway for a financially disadvantaged student to secure a certification coming from the Municipal/City/Provincial Social Welfare and Development Office or the Regional Office of the Department of Social Welfare and Development (DSWD) stating his or her disadvantaged status on account of calamities, emergencies, force majeure and such other good or justifiable reasons in accordance with the rules and regulations of the DSWD, and submit the same to the educational institution he or she is attending to so that he or she may be allowed to take the scheduled examinations without requiring the presentation of a test or examination permit. It bears stressing, though, that if the appropriate DSWD certification is issued in favor of the student and the latter will be allowed to take the scheduled examinations, the educational institution may still require the submission of a promissory note, withhold the student’s records and credentials, and avail of such other remedies to ensure the collection of the student’s unpaid balance.

Likewise, the law gives a latitude to educational institutions to voluntarily allow financially concerned students to take scheduled examinations without requiring the presentment of a permit if it is in accord with the institution’s policies, rules and regulations. To be certain, Section 4 of RA 11984 provides:

“Section 4. Mandate of Educational Institutions to Disadvantaged Students. — All public and private educational institutions covered by this Act are hereby mandated to accommodate and allow Disadvantaged Student unable to pay tuition and other fees to take the scheduled periodic and final examinations without requiring a permit: Provided, however, That in the case of K–12 students, the mandate shall be for the entire school year: Provided, That the Municipal, City or Provincial Social Welfare and Development Officer, or the Regional Office of the Department of Social Welfare and Development, as the case may be, shall issue the necessary certificate on the disadvantaged status of the student due to calamities, emergencies, force majeure and other good or justifiable reasons in accordance with the rules and regulations to be issued by the DSWD: Provided, further, That this Act shall be without prejudice to the right and power of educational institutions to require the submission of a promissory note, withhold records and credentials of students and such other legal and administrative remedies available to them for the collection of unpaid fees: Provided, finally, That educational institutions may voluntarily, without need of the certification mentioned herein, allow a Disadvantaged student with outstanding tuition and other fees to take examinations and release their relevant records and credentials in accordance with its policies, rules and regulations.” (Emphasis supplied)

Corollary, it will be best for you to inquire from your school if, consistent with their policies, they can voluntarily allow you to take your scheduled examinations next month despite having an unpaid balance from your tuition fee. Otherwise, you should coordinate with your Municipal/City/Provincial/Regional Social Welfare and Development Office of the DSWD and request for a certification declaring you as a Disadvantaged Student, emphasizing on the fact that your grandmother was hospitalized and that you are currently in financial distress, if such can serve as a good or justifiable reason in accordance with the department’s existing rules and regulations.

We hope that we are able to answer your queries. This advice is based solely on the facts you have narrated and our appreciation of the same. Our opinion may vary when other facts are changed or elaborated.

We appreciate your trust and support.

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