Re-educating Ourselves of RA 7079 [Campus Journalism Act of 1991]

A large majority even in the tertiary education are not yet aware of the Campus Journalism Act. In RSU for example there are policies being cooked that might run contrary to this law, so it is but high time to re-educate everyone about RA 7079, the law that protects the campus journalists.

[REPUBLIC ACT No. 7079]
AN ACT PROVIDING FOR THE DEVELOPMENT AND PROMOTION OF CAMPUS JOURNALISM AND FOR OTHER PURPOSES

Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembled:

SECTION 1. Title. – This Act shall be known and referred to as the “Campus Journalism Act of 1991″.

SEC. 2. Declaration of Policy. – It is the declared policy of the State to uphold and protect the freedom of the press even at the campus level and to promote the development and growth of campus journalism as a means of strengthening ethical values, encouraging critical and creative thinking, and developing moral character and personal discipline of the Filipino youth. In furtherance of this policy, the State shall undertake various programs and projects aimed at improving the journalistic skills of students concerned and promoting responsible and free journalism.

SEC. 3. Definition of Term. -

a) School. – An institution for learning in the elementary, secondary or tertiary level comprised of the studentry, administration, faculty and non-faculty personnel;

b) Student Publication. – The issue of any printed material that is independently published by, and which meets the needs and interests of, the studentry;

c) Student Journalist. – Any bona fide student enrolled for the current semester or term, who has passed or met the qualification and standards of the editorial board. He must likewise maintain a satisfactory academic standing;

d) Editorial Board. – In the tertiary level, the editorial board shall be composed of student journalists who have qualified in placement examinations. In the case of lementary and high school levels, the editorial board shall be composed of a duly appointed faculty adviser, the editor who qualified and a representative of
the Parents-Teachers’ Association, who will determine the editorial policies to be implemented by the editor and staff members of the student publication concerned.

SEC. 4. Student Publication. – A student publication is published by the student body through an editorial board and publication staff composed of students selected by fair and competitive examinations. Once the publication is established, its editorial board shall freely determine its editorial policies and manage the publication’s funds.

SEC. 5. Funding of Student Publication – Funding for the student publication may include the savings of the respective school’s appropriations, student subscriptions, donations, and other sources of funds.

In no instance shall the Department of Education, Culture and Sports or the school administration concerned withhold the release of funds sourced from the savings of the appropriations of the respective schools and other sources intended for the student publication. Subscription fees collected by the school administration shall be released automatically to the student publication concerned.

SEC. 6. Publication Adviser. - The publication adviser shall be selected by the school administration from a list of recommendees submitted by the publication staff. The function of the adviser shall be limited to one of technical guidance.

SEC. 7. Security of Tenure. - A member of the publication staff must maintain his or her status as student in order to retain membership in the publication staff. A student shall not be expelled or suspended solely on the basis of articles he or she written, basis of the performance of his or her duties in the student publication.

SEC. 8. Press Conferences and Training Seminars. – The Department of Education, Culture and Sports shall sponsor periodic competitions, press conferences and training seminars in which student-editors/writers and teacher-advisers of student publications in the elementary, secondary and tertiary levels shall participate. Such competitions, conferences and seminars shall be held at the institutional, divisional, and regional levels, culminating with the holding of the annual national elementary, secondary or tertiary School Press Conference in places of historical and/or cultural interest in the country.

SEC. 9. Rules and Regulations. – The Department of Education, Culture and Sports, in coordination with the officers of the national elementary, secondary or tertiary organizations or official advisers of student publications, together with student journalists at the tertiary level and existing organizations of student journalists, shall promulgate the rules and regulations necessary for the effective implementation of this Act.

SEC. 10. Tax Exemption. - Pursuant to paragraph 4, Section 4, Article XIV of the Constitution, all grants, endowments, donations, or contributions used actually, directly and exclusively for the promotion of campus journalism as provided for in this Act shall be exempt from donor’s or gift tax.

SEC. 11. Appropriations. – For the initial year of implementation, the sum of Five million pesos (P5,000,000.00) is hereby authorized to be charged against the savings from the current appropriations of the Department of Education, Culture and Sports. Thereafter, such amount as may be necessary shall be included in the General Appropriations Act.

SEC. 12. Effectivity. – This Act shall take effect after fifteen (15) days following the completion of its publication in the Official Gazette or in at least two (2) newspapers of general circulation.

Approved: July 5, 1991

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RULES AND REGULATIONS FOR THE IMPLEMENTATION OF THE CAMPUS JOURNALISM ACT OF 1991

INTRODUCTION

Pursuant to Section 9 of Republic Act No. 7079, otherwise known as the “Campus Journalism Act of 1991,” the following rules and regulations for the effective implementation of the said Act are hereby promulgated.

RULE I
Title

SECTION 1. Title. – This body of rules shall be known as the Rules and Regulations for the Implementation of the Campus Journalism Act of 1991 or “RULES,” for short.

RULE II
State Policy

SEC. 1. Declaration of Policy. – It has been declared a State Policy to uphold and protect the freedom of the press even at the campus level and to promote the development and growth of campus journalism as a means of strengthening ethical values, encouraging critical and creative thinking, and developing moral character and personal discipline of the Filipino youth. In furtherance of this policy, the State shall undertake various programs and projects aimed at improving the journalistic skills of the students concerned and promoting responsible and free journalism. It is, therefore, the duty of the Department of Education, Culture and Sports (DECS), school/college/university heads, campus paper teacher-advisers, and personnel involved in the campus journalism program in the elementary, secondary and tertiary levels of education to support and promote the campus journalism program policies and objectives under Republic Act No. 7079 and existing laws embodied as principles in the Constitution.

RULE III
Definition of Terms

SEC. 1. Definition of Terms. – For a better understanding of this Act, terms which are used therein are hereby defined or explained.
a) School. – An institution for learning in the elementary, secondary or tertiary level composed of the studentry, administration, faculty and non-faculty personnel;

b) Student Publication. – The issue of any printed material that is independently published by, and which meets the needs and interests of the studentry;

c) Student Journalists. – Any bona fide student or enrolled for the current semester or term, who has passed or met the qualifications and standards of the editorial board. He must likewise maintain a satisfactory academic standing;

d) Editorial Board. – In the tertiary level, the editorial board shall be composed of student journalists who have qualified in placement examinations. In the case of elementary and high school levels, the editorial board shall be composed of a duly appointed faculty adviser, the editor who qualified and a representative of
the Parents-Teachers’ Association, who will determine the editorial policies to be implemented by the editor and staff members of the student publication concerned. At the tertiary level, the editorial board may include a publication adviser at the option of its members.

e) Editorial Policies. – A set of guidelines by which a student publication is operated and managed, taking into account pertinent laws as well as the school administration’s policies. Said guidelines shall determine the frequency of publication, the manner of selecting articles and features and other similar matters.

RULE IV
Student Publication

SEC. 1. All educational institutions on the elementary, secondary and tertiary levels, public or private shall be encouraged to establish a student publication.

SEC. 2. Student Publication. – There shall be three categories of student publications, namely: a) eLementary level student publication; b) secondary level student publication; and c) tertiary level student publication. Once the publication is established, the editorial board shall freely determine its editorial policies and manage the publication’s funds.

SEC. 3. The members of the editorial board of the tertiary student publication shall be responsible to the school/college/university, to third parties for its decisions, actions, policies and legal consequences arising from such.

SEC. 4. Aims and Purposes of the Student Publications. – Student Publications shall be utilized to train interested students in a) the application of the communication arts in journalism; b) the basic mechanism and technical skills in journalism; c) the responsibilities and privileges in journalism in relation with the contents of articles to be published; d) the use of the student publication in support of the educational development of the learner/student, the school, the community and the country; e) train interested students in the application of the art and science of journalism for technological advancement; f) develop intelligent and responsible student leadership and good citizenship in a free and democratic society; g) serve as a channel for unifying all members for the school and the community towards desirable educational and cultural development objectives; h) serve as a pool of all learning experiences of student journalists; i) advocate social consciousness and uphold the interests of the Filipino people; and j) advance student’s rights and responsibilities as well as promote their general welfare.

RULE IV
Financing Student Publication

SEC. 1. Funding of Student Publication. – For public elementary and secondary school, publication fees, subsidy sourced from savings realized from the school’s appropriations, revenues realized from donations and grants, and advertisements shall be the sources of funding for the student publication. For private schools, publication fees, revenues realized from donations and grants, and advertisements shall be the sources of funding for student publications. Publication fees from the students shall be collected during enrolment period. In both public and private schools, all student publication funds shall be automatically released to the student publication staff one month after the last day of enrolment.

SEC. 2. Preparation of Student Publication Budget. – The editorial board, with the assistance of the student publication staff, shall prepare the student publication budget for each semester/year. The budget shall be posted on the school bulletin board and published in the student publication. The budget shall include expenses for the printing costs of the student publication, transportation and needs of the staff and the teacher-adviser during their work at the printing press, office and photo supplies, attendance of the student publication representatives at the annual divisional, regional, national press conferences or workshops, honoraria/allowances for staffers and teacher-adviser, and other incidental expenses. Disbursements of student publication fund shall be made according to accounting and auditing regulations.

SEC. 3. Publication Fee. -

a) The editorial board, in coordination with the school administration, may provide a mechanism for the collection of publication fees from the students. The publication fee shall be determined by the editorial board in consultation with the student body. In the private elementary and secondary schools, the editorial board shall determine the publication fee for each individual student in consultation with the student body. In the public elementary and secondary schools, the publication fee for each individual student shall in no case be more than what is provided for in DECS Order No. 40, s. 1988. The publication funds shall be deposited in the account of the student publication in an authorized depositary bank through at least two (2) authorized signatories of the editorial board.

SEC. 4. Printing of the Student Publication. – The printing of the student publication by a private printer shall be conducted by the editorial board and the student publication staff through canvass or public bidding.

SEC. 5. Financial Reports of Expenses. – A financial report of expenses shall be prepared by the editorial board and student publication staff at the close of the school year for the elementary and secondary levels, and every semester for the tertiary level properly audited by a COA/authorized auditor for the public schools. For the private schools, a certified public accountant shall properly audit the expenditures based on the approved budget of the editorial board. Thereafter, the audited summary financial statement shall be published in the student publication at the end of the school term.

SEC. 6. Use of Student Publication Funds. – Publication fees, savings, donations, grants and other funds collected from other sources for the student publication shall be for its exclusive use. The money collected shall not be spent for purposes other than those cited in Section 2 of this Rule. Violation of this rule by the editorial board, any student-staff, faculty-adviser, and/or school administrator/official shall be cause for administrative and/or criminal action against the violator.

RULE VI
Publication Adviser

SEC. 1. Publication Adviser. – The faculty adviser of a tertiary student publication shall be selected by the school administration from a list of recomendees submitted by the publication staff. The function of the publication adviser shall be one of technical guidance.

In the elementary and secondary levels, the teacher-adviser, exercising special parental authority over student staffers who are minors shall, jointly with the Parents-Teachers Association, be held fully responsible for the contents of the student publication.

SEC. 2. Working/Advising Load. – In the public elementary and secondary schools, student publication advising task/assignment shall be considered as one (1) teaching/work load.

RULE VII
Selection of Staff Members

SEC. 1. Selection of Student Staff Members. – The selection of the chief editor and other members of the staff of tertiary student publication shall be through competitive examinations prepared, conducted and supervised by a committee composed of a representative of the school administration, one faculty member, one mass media practitioner who is acceptable to both (school administration and editorial board) and two past editors to be chosen by the outgoing editorial board.

Secondary and elementary student publication staffers should pass a qualifying examination conducted by a committee composed of the student publication adviser, who shall act as chairperson, the past student-editor as vice-chairman, one (1) faculty member, and two (2) former student-editors.

RULE VIII
Security of Tenure

SEC. 1. Student Staffers. – A member of the student publication staff must maintain his/her satisfactory standing in order to retain membership in the staff. A student shall not be expelled or suspended solely on the basis of articles he/she has written, or on the basis of the performance of his/her duties in the publication staff.

RULE IX
Press Conferences/Training Seminars

SEC. 1. Press Conferences and Training Seminars. – The Department of Education, Culture and Sports shall sponsor periodic competitions, press conferences and training seminars/workshops in which student-editors/writers and teacher-advisers of student publications of the elementary, secondary and tertiary levels shall participate. Such activities shall be held on the institutional, divisional and regional levels culminating with the holding of the annual national elementary, secondary or tertiary school press conferences in places of historical and or cultural interest in the country.

SEC. 2. Expenses of Student Publication Staff and their Teacher-Adviser at Press Conferences and Training Seminars. – Expenses relative to the attendance of the student publication staff and their teacher-adviser in the divisional, regional and national press conferences and training seminars shall be subsidized from the student publication funds and from appropriations when funds are available.

RULE X
Tax Exemption

SEC. 1. Tax Exemption. – Pursuant to Paragraph 4, Section 4, Article XIV of the Constitution, all grants, endowments, donations or contributions used actually, directly and exclusively for the promotion of campus journalism as provided for in R.A. 7079 shall be exempted from donor’s or gift tax.

RULE XI
Appropriations

SEC. 1. Appropriations. – For the initial year of implementation, the sum of five million pesos (P5,000,000.00) is authorized by R.A. 7079 to be charged against the savings of the Department of Education, Culture and Sports. Thereafter, such amount as may be necessary shall be included in the General Appropriations Act.

RULE XII
General Provisions

SEC. 1. The Department of Education, Culture and Sports (DECS) shall help ensure and facilitate the proper carrying out of the Implementing Rules and Regulations of Republic Act No. 7079. It shall also act on cases on appeal brought before it. The DECS regional office shall have the original jurisdiction over cases as a result of the decisions, actions, and policies of the editorial board of a school within its area of administrative responsibility. It shall conduct investigations and hearings on these cases and shall report its decision of each case within fifteen (15) days after the completion of the resolution of each
case.

SEC. 2. The Secretary of Education, Culture and Sports may amend these “Rules” when there are compelling reasons for amendments provided that any amendment shall be made in consultation with the representatives of duly recognized student journalism associations and adviser associations as well as representatives of the administration, and provided further that all amendments shall be in accordance with R.A. 7079.

RULE XIII
Effectivity

SEC. 1. Effectivity. – These Rules and Regulation implementing the Campus Journalism Act of 1991 shall take effect immediately after publication and circulation in a DECS Order to all the public and private schools in the country.