Dear Attorney,

I am a concerned parent who wishes to remain anonymous. I recently heard about a school requiring students to contribute certain annual fees and a “school paper fee.” I would like to know if it is truly required under Philippine law for parents or guardians to pay these fees. Are there any specific legal guidelines on this matter, and if so, under what conditions may schools collect such contributions? Any detailed insights or references to relevant statutes, regulations, or Department of Education policies would be highly appreciated. I am hoping to be guided properly on whether it is lawful and mandatory for us to comply with these fees.

Thank you very much for your time and expert advice.

Sincerely,
A Very Concerned Parent

LEGAL ARTICLE ON THE COLLECTION OF ANNUAL AND SCHOOL PAPER FEES IN PHILIPPINE SCHOOLS

Disclaimer: The information provided here is intended for general educational and informational purposes only. It does not constitute legal advice nor create an attorney-client relationship. For specific concerns, readers are encouraged to consult competent counsel.

Ensuring that every Filipino child receives quality and accessible education is a cornerstone of the Philippine legal system. Under the 1987 Philippine Constitution, one of the State’s highest priorities is the education of its citizens. By constitutional mandate, elementary education is compulsory for all children of school age, and public elementary and high school education is free. However, questions often arise about the imposition of certain fees that may appear contrary to the policy of providing free public education. Two such fees commonly discussed by parents, guardians, and school administrators alike are “annual fees” and “school paper fees.” In this comprehensive legal article, we will explore the existing laws, regulations, and policies governing the collection of such fees in Philippine schools, with particular focus on public schools administered and supervised by the Department of Education (DepEd). We will also examine how the rules differ when it comes to private schools, as well as offer guidelines on what parents and guardians can do if they believe such fees are being collected illegally or without proper authorization.

1. Constitutional Foundations of Free Public Education

Article XIV of the 1987 Philippine Constitution clearly states that the State shall protect and promote the right of all citizens to quality education at all levels and shall take appropriate steps to make such education accessible to all. Section 2(2) of this same Article provides that the State shall establish and maintain a system of free public education in the elementary and high school levels. This policy embodies the strong commitment of the government to ensure that no Filipino child is deprived of education due to financial constraints.

From the constitutional perspective, the word “free” is generally understood to mean that the government should not charge tuition fees to students enrolled in public elementary and secondary schools. However, in practice, the scope of “free” education has also been subject to administrative guidelines that regulate the collection of other forms of fees in specific circumstances.

2. DepEd Orders and No Collection Policy

To operationalize the constitutional mandate, the Department of Education has issued various policies to regulate the collection of fees in public schools. One of the more relevant and frequently cited is the “no collection policy,” which has been articulated and reiterated in several DepEd Orders over the years. The policy essentially states that no fees shall be collected from public school students during the enrollment period, and in certain cases, not at all during the school year—especially in the lower grade levels (Kindergarten to Grade 4, for example), unless authorized by specific guidelines.

Some DepEd Orders that have bearing on the matter of fee collection include:

DepEd Order No. 19, s. 2008 – This outlines the Implementing Rules and Regulations (IRR) of Republic Act No. 9155, or the Governance of Basic Education Act. It emphasizes the principle of free public education and prescribes strict guidelines on what can and cannot be collected from students.
DepEd Order No. 41, s. 2012 – This reiterates the no collection policy and lists permissible contributions—such as those for the Boy Scouts and Girl Scouts of the Philippines, the Red Cross, Anti-TB Fund drives, and other similar authorized contributions—but only on a voluntary basis. The same DepEd Order clarifies that collections for school publications (e.g., campus journalism fees) may be allowed, but should not be burdensome and must be done on a voluntary basis.
DepEd Order No. 66, s. 2017 – More recent orders also underline that certain fees, if collected, must not violate the principle of free public education. Further clarifications are given on timing, voluntariness, and the manner of collection.

From these DepEd issuances, one can glean that the Department of Education tries to strike a balance between maintaining free access to public basic education and supporting certain programs and activities that may require funding, such as student publications or organizational fees. However, the consistent theme is that these fees should be voluntary, and no student should be penalized or deprived of education, grades, or clearance for non-payment of such fees.

3. School Paper Fees and Campus Journalism Act

One particular fee that often crops up is the so-called “school paper fee” or “publication fee,” which is sometimes collected to sustain campus journalism activities in public and private institutions. The governing law on this topic is Republic Act No. 7079, also known as the “Campus Journalism Act of 1991.” This law recognizes that campus journalism is vital in promoting the growth and development of responsible journalists and newspapers in the student community. It also allows for the collection of specific fees to support school publications, although the precise amount and mode of collection can vary.

However, the law and subsequent DepEd guidelines are clear that such fees should not be forced upon unwilling or financially incapable students. While the Campus Journalism Act endorses the importance of a school publication, it does not override the policy that the public school system should remain free and accessible to all. In other words, schools may collect fees to fund the school paper—often in minimal amounts and on a strictly voluntary basis—but they cannot make these fees mandatory in a manner that directly or indirectly excludes students who do not or cannot pay.

Under DepEd regulations, a recommended but not required practice is to secure voluntary contributions or to engage in fundraising efforts authorized by the school administration. This approach helps maintain and enhance campus journalism activities without infringing on students’ and parents’ rights under the Constitution and other relevant laws.

4. Annual Fees, PTA Fees, and Other Voluntary Contributions

Beyond the school paper, there are sometimes “annual fees” that schools or Parent-Teacher Associations (PTAs) propose to collect. These fees might be intended to cover various programs, projects, or maintenance and operating expenses for activities that are not funded or insufficiently covered by the government’s budget. For instance, PTAs may collect fees to support improvements in school facilities, hold student events, or purchase equipment beneficial to the student body. But, as guided by DepEd Orders, the following principles generally apply:

Voluntary Nature of Contributions: PTA fees, annual fees, or other similar charges must be on a voluntary basis. Parents and guardians have the right to decide whether to give or withhold these contributions. DepEd guidelines emphasize that schools cannot withhold report cards, clearance, or other essential documents solely on the grounds of non-payment of such fees.
Transparency and Accountability: If a PTA or the school administration intends to collect certain fees, they should present a clear and itemized breakdown of how the funds will be used. Meetings and dialogues with the PTA membership or the larger parent community should be conducted to ensure that the projected usage of these contributions is equitable, beneficial, and properly accounted for. Official receipts should be issued, and audited financial statements or expenditures should be presented to maintain transparency.
Time of Collection: DepEd Orders often specify that any collection of voluntary contributions or fees, if allowed, must not be done during enrollment periods or in a manner that might discourage parents from sending their children to school. They emphasize that no public school student should be denied admission, nor should their enrollment be delayed, for non-payment of PTA fees or other non-tuition charges.

In private schools, annual fees may be more routine or mandatory, depending on the institution’s charter and DepEd’s regulations regarding private education. Private institutions generally have the autonomy to set certain fees, so long as these are approved by the school board or authorized by DepEd if required. However, parents are always encouraged to review their enrollment contracts, student handbooks, and applicable guidelines to ensure that any fees being charged are legitimate.

5. Distinction Between Public and Private Schools

It is important to differentiate between public and private schools in this context because the constitutional guarantee of free basic education directly applies to public institutions. While private schools still fall under the supervision and regulation of DepEd (or other relevant agencies for tertiary levels), they are permitted to charge tuition and other fees, subject to administrative approvals and guidelines.

Public Schools: By virtue of Article XIV, Section 2(2) of the 1987 Constitution and the corresponding DepEd Orders, the default rule is that no fees—except those authorized by DepEd and on a voluntary basis—should be collected.
Private Schools: They may impose fees, including tuition fees, miscellaneous fees, and other charges, provided they comply with pertinent DepEd rules and regulations. Private schools are also required to consult parents and students on proposed tuition increases, but the approach to collecting additional fees such as annual or publication fees generally depends on the school’s internal policies and contractual stipulations with the parents.

6. Relevant Supreme Court Decisions

While there may not be a specific Supreme Court ruling solely dedicated to the question of “annual fees” or “school paper fees,” the Court has consistently upheld the principle that the constitutional requirement of free public education should be interpreted liberally in favor of students. If a case or controversy arises alleging that a public school has violated the “no collection policy,” or that the collection is effectively mandatory and burdensome, the Court typically defers to DepEd’s policy guidelines, given DepEd’s mandate to regulate basic education. The Court has repeatedly affirmed the importance of ensuring that no student is denied the right to education simply because of an inability to pay certain fees.

Moreover, in matters pertaining to private schools, the Supreme Court generally examines whether the school’s imposition of fees is consistent with regulations from DepEd or the Commission on Higher Education (CHED), in the case of tertiary institutions. Where a private school’s fees are found to be arbitrary or collected without due process, the Court has intervened to protect the rights of the students and their parents.

7. Legal Repercussions for Violating Collection Policies

If a public school or a specific school official insists on collecting mandatory annual or school paper fees—threatening to withhold grades or clearance documents for non-payment—this might constitute a violation of existing DepEd policies, and possibly of the constitutional right to free education. The following legal remedies or repercussions might apply:

Administrative Sanctions: School officials, including principals or teachers, who violate DepEd’s “no collection policy” could face administrative complaints under civil service rules and regulations. The Department of Education’s internal mechanisms can investigate and discipline school personnel who implement unauthorized or coercive fee collection practices.
Criminal Liability: Although rare, if the collection of fees comes with threats, coercion, or other forms of intimidation, there could be grounds for criminal complaints under relevant Philippine statutes, such as the Revised Penal Code’s provisions on extortion or grave coercion. However, such situations would require factual evidence of threats or violence.
Civil Actions: Parents or guardians may file for injunctions or restraining orders against illegal fee collection, or seek reimbursement for any unauthorized fees paid under protest. They can also file complaints directly with the DepEd’s Regional or Division Offices if the school in question is a public institution. For private schools, they may resort to DepEd’s Private Education Assistance Committee or relevant offices tasked with overseeing private education, as well as the Department’s grievance mechanisms.

8. Steps Parents and Guardians Can Take

If you suspect that your child’s school is illegally collecting annual or school paper fees or that these fees are effectively mandatory (with consequences for non-payment), it is advisable to:

Request Clarification in Writing: Address a written query to the school principal or appropriate school authority. Inquire about the legal basis for the fee collection, citing relevant DepEd Orders and the constitutional provision guaranteeing free public education. This written record will prove useful should you need to escalate the issue.
Engage with the PTA: Attend or request a meeting with the Parent-Teacher Association officers to discuss the fee collection. Ask for a clear breakdown of how the funds are used, and whether these are truly voluntary or mandatory. The PTA might clarify that the fees are intended for a specific project or activity, and that no penalties are imposed on those who opt not to pay.
Consult DepEd Memoranda: Visit official DepEd websites or field offices to examine relevant orders, guidelines, and memoranda on fee collection. Having official references can strengthen your position in questioning unauthorized collections.
File a Formal Complaint: If the school administration remains unresponsive, you may file a complaint with the DepEd Division Office that has jurisdiction over your area. Provide documentary evidence (letters, receipts, or official announcements) showing that fees are being collected in violation of DepEd’s policy or that coercive measures are in place.
Obtain Legal Counsel: For complex or contentious situations, seeking legal advice from a qualified lawyer can help you navigate the administrative processes, protect your child’s rights, and ensure that any violations are duly addressed.

9. Possible Justifications for Schools

Schools that collect fees may argue that the amounts are used to support programs that enhance the overall learning environment or that foster student development, such as educational magazines, extracurricular activities, or improvements in the library. In the case of public schools, principals and teachers may highlight budget constraints or underfunded areas of school operations that rely on parental contributions. Nonetheless, these justifications must still be balanced against the principle of free and equitable access to basic education, as well as DepEd’s strict guidelines on voluntary contributions. Ultimately, any collection effort must avoid imposing punitive measures on families who cannot or choose not to pay.

10. Conclusion: The Right to Free Education and the Limits of Fee Collection

The bottom line is that the constitutional guarantee of free public education in the Philippines means that parents and guardians of students in public elementary and secondary schools should not be compelled to pay mandatory fees—especially if those fees are not expressly authorized by DepEd Orders. While certain fees, such as those for school publications or PTA projects, may be collected, they should always be voluntary, transparent, and administered in line with the Department of Education’s policies. Any collection that effectively discriminates against or penalizes students from lower-income families runs contrary to the essence of free education.

Private schools, on the other hand, operate differently in that they can impose tuition and miscellaneous fees subject to DepEd oversight, but must still comply with legal requirements for transparency and fairness. School paper fees in private institutions may be mandatory under specific program guidelines, yet these must be stated clearly in the enrollment contracts or circulars, and they remain subject to the protective scrutiny of DepEd regulations.

Ultimately, the best way to resolve confusion about annual fees or school paper fees is through open dialogue with school officials, careful review of relevant DepEd Orders, and, if necessary, consultation with legal experts or filing of appropriate complaints with DepEd. The overarching goal remains to uphold every Filipino child’s right to accessible, quality education—unhampered by unauthorized or excessive financial burdens.

This legal article aims to provide a thorough understanding of the relevant principles, laws, and policies governing the collection of annual fees and school paper fees in Philippine schools. For personalized legal advice, readers are strongly encouraged to consult a duly licensed attorney or approach the appropriate Department of Education authorities for direct clarification.