Name: Vilma D.

Portera COURSE: MAED – Educational Management

Republic Act No. 7079 July 5, 1991- 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."

Section 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.

Section 3. Definition of Terms.

(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 was 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 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 the
publication, the manner of selecting articles and features and other similar matters.

Section 4. Student Publication. A student publication is published by the student body through an editorial board and
publication staff composed of students selected but fair and competitive examinations.

Once the publication is established, its editorial board shall freely determine its editorial policies and manage the
publication's funds.

Section 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
he 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.

Section 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.

Section 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 has written, or on the basis of the performance of his or her duties in the student publication.
Section 8. Press Conferences and Training Seminar. The Department of Education, Culture and Sports shall sponsor
periodic competitions, press conferences and training seminars in which student-editors/writers and teacher-adviser 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 Conferences in places of historical and/or cultural
interest in the country.

Section 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.

Section 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.

Section 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.

Section 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.

Miriam College Vs. Court of Appeal

A school paper (Chi-Rho) and magazine (Ang Magasing Pampanitikan ng Chi-Rho) contents of the September-
October 1994 issue that was published in Miriam College was said to be “obscene,”“vulgar,” “indecent,” “gross,” “sexually
explicit,” “injurious to young readers,” and devoid of all moral values.”Following the publication of the paper and the magazine, the
members of the editorial board,[3] and Relly Carpio, author of Libog, all students of Miriam College, received a letter
signed by Dr. Aleli Sevilla, Chair of the Miriam College Discipline Committee. The Letter dated 4 November 1994
stated:
This is to inform you that the letters of complain filed against you by members of the Miriam Community and a
concerned Ateneo grade five student have been forwarded to the Discipline Committee for inquiry and investigation.
Please find enclosed complaints. As expressed in their complaints you have violated regulations in the student
handbook specifically Section 2 letters B and R, pages 30 and 32, Section 4(Major offenses) letter j, page 36 letters m,
n, and p, page 37 and no. 2 (minor offenses) letter a, page 37.The students that are involved are required to submit a
written statement in the answer of the charge/s but none of the students submitted their answer instead they asked Dr.
Sevilla to transfer the case to the Regional Office of DECS, which have the jurisdiction over the matter. However, Dr.
Sevilla again requested them to submit their answers but in response, the students have their lawyer that submitted a
letter to the Discipline Committee stating that the students' position that the committee has no jurisdiction over the case.
Despite, the committee proceeds with the investigation. After which, the committee imposed the sanctions to the
students. Some of the students will be expelled, dismissed ,and others will be suspended and will not be allowed to
attend their graduation.
The students filed a petition for prohibition and certiorari with preliminary injunction/restraining order before
the Regional Trial Court of Quezon City about the decision made by the committee. The TRO was denied. The students
filed a Supplemental Petition and Motion for Reconsideration. The RTC granted a writ of preliminary injunction. Both
parties moved for reconsideration. On the issue that DECS has the jurisdiction over this matter, but RTC dismissed the
case. An appeal on CA was made, the CA issued a TRO to Miriam College with regards to the sanction given to the
students.
Issues:
1.Whether or not the trial court has the jurisdiction to entertain the petition for certiorari filed by the
students.
2. Whether or not Miriam College has the jurisdiction over the complaints against the students.
3. Whether the DECS Regional Office or Miriam College has jurisdiction over the complaints against
the students.