Yes. A private school in the Philippines may generally require payment of tuition, an enrollment installment, or other authorized school fees before the first day of classes. Advance collection is not automatically illegal. The important questions are whether the fee is properly authorized and disclosed, whether the student actually enrolled, and how much must be refunded if the student withdraws or the school fails to open the class.

The answer is different for public schools. Public elementary and high school education is free, while qualified Filipino undergraduate students in covered state universities and colleges and local universities and colleges are generally entitled to free tuition and other school fees under Republic Act No. 10931, subject to its qualifications and exceptions. (Lawphil)

When can a school collect tuition before classes begin?

The general rules can be summarized as follows:

Situation	Can the school collect before classes?	Main legal issue
Private elementary or high school	Yes	The charge must comply with DepEd rules and the school’s disclosed fee schedule
Private college or university	Yes	The charge must comply with CHED rules and the institution’s enrollment and refund policies
Public elementary or high school	Generally no tuition	Public basic education is constitutionally free
Covered SUC or LUC undergraduate program	Generally no tuition for qualified Filipino students	Eligibility and statutory exceptions under RA 10931
Application, testing, or reservation fee	Usually yes	It must be disclosed, authorized, and connected to a legitimate purpose
Class or program cancelled by the school	Payment may initially be collected	The student usually has a strong basis to demand return of tuition and unused fees

Under Section 42 of the Education Act of 1982, or Batas Pambansa Blg. 232, each private school may determine its tuition and other school fees, but collection remains subject to rules issued by the appropriate education authorities. Private basic education is primarily regulated by the Department of Education, while private higher education is regulated by the Commission on Higher Education. (Lawphil)

A school may therefore adopt an enrollment arrangement such as:

Full tuition upon enrollment;
A down payment before classes, followed by monthly or quarterly installments;
Payment of miscellaneous fees plus the first tuition installment;
A reservation fee credited toward tuition; or
A separate application or entrance examination fee.

What the school cannot properly do is collect an unauthorized, hidden, misleading, or incorrectly computed charge merely because it labels the amount “tuition,” “miscellaneous,” or “non-refundable.”

Why advance tuition payments are generally legal

Enrollment in a private school creates a contractual relationship. The school agrees to provide education and related services, while the student or parent agrees to comply with academic requirements and pay the stated fees.

Article 1159 of the Civil Code provides that contractual obligations have the force of law between the parties and must be performed in good faith. Article 1306 allows parties to establish contractual terms, provided these are not contrary to law, morals, good customs, public order, or public policy. (Lawphil)

This means a clearly stated requirement such as “₱20,000 is due upon enrollment” can be enforceable even though classes have not yet started. Payment may secure the student’s slot, activate enrollment, allow the school to assign teachers and sections, or cover preparatory services.

However, the school’s written policies are not automatically valid simply because the student signed an enrollment form. A provision may still be challenged when it:

Conflicts with DepEd, CHED, TESDA, or another applicable regulation;
Was not properly disclosed before payment;
Imposes a charge that was not included in the assessment;
Allows the school to keep money without providing the promised service;
Is grossly one-sided or contrary to public policy; or
Misrepresents a refundable payment as non-refundable only after the student asks for a refund.

Articles 19 and 22 of the Civil Code require parties to act with justice, honesty, and good faith and prohibit one person from unjustly benefiting at another’s expense without a legal basis. These principles become particularly important when a school keeps an entire term’s tuition even though the student withdrew before classes and the school provided little or no educational service. (Lawphil)

What private schools must disclose and document

A school should be able to show the basis for the amount it collects. At a minimum, the student or parent should receive or have access to:

An itemized assessment of tuition and other fees;
The payment schedule and due dates;
The official opening date of classes;
The school’s withdrawal and refund policy;
Any rule on reservation, application, testing, or administrative fees;
Conditions for enrollment cancellation;
The student handbook or enrollment agreement; and
Acceptable proof of payment.

For private basic education, Sections 179 to 182 of the 2010 Revised Manual of Regulations for Private Schools in Basic Education recognize tuition and other school fees as funding sources but subject the determination, increase, and collection of those fees to DepEd supervision. Applications involving new or revised charges generally require supporting information such as itemized fees, proposed allocations, financial statements, and consultation documents.

DepEd has also directed private schools to comply with approval and consultation requirements for tuition increases. If a proposed increase is ultimately disapproved, the disallowed increase should be refunded or otherwise settled with the affected students. (Department of Education)

For colleges and universities, tuition increases and new fees must likewise comply with CHED requirements on consultation, notice, supporting records, and regulatory action. A school should not simply announce a higher amount at the cashier without a proper fee schedule.

Is tuition refundable if the student withdraws before classes?

There is no single rule stating that every Philippine school must automatically refund 100% of every payment whenever a student withdraws before classes. The result depends on:

Whether the institution is a basic education school, college, university, or technical-vocational institution;
The school’s written refund policy;
The type of fee involved;
When written notice of withdrawal was submitted;
Whether the school already performed the service covered by the fee; and
Whether the school or the student caused the cancellation.

For private colleges and universities

Section 100 of CHED’s Manual of Regulations for Private Higher Education provides a default refund framework for students who withdraw in writing after classes begin, unless the institution has adopted another applicable policy:

Time written withdrawal is made	Amount the school may charge
During the first week of classes	Up to 25% of the total amount due for the term
During the second week of classes	Up to 50% of the total amount due for the term
After the second week	The full amount for the term may be charged

The rule applies regardless of whether the student actually attended classes. Merely staying absent is therefore not the same as officially withdrawing.

Section 100 does not expressly prescribe one universal formula for withdrawals submitted before the first day of classes. In that situation, the school’s properly disclosed institutional policy and enrollment agreement become especially important.

A college may have a reasonable basis to retain a clearly disclosed application, processing, or reservation fee. It has a weaker basis for keeping the entire semester’s tuition when the student withdrew in writing before instruction began and the school cannot identify the services or losses covered by the retained amount.

For private elementary and high schools

DepEd’s current basic education regulations govern the authorization, determination, increase, and collection of tuition and other school fees. They do not establish one simple nationwide pre-class refund percentage that applies to every private basic education school.

The starting point is therefore the school’s written enrollment and refund policy, read together with DepEd regulations and the Civil Code. The policy should have been communicated before payment—not invented or changed only after the parent requests a refund.

Factors that may support a larger refund include:

The withdrawal was submitted before the official opening of classes;
No classes, modules, school platform access, or other educational services were provided;
Books, uniforms, devices, or materials were never released;
The student’s slot was filled by another enrollee;
The school cancelled the class, strand, grade level, or program; or
The school materially changed the campus, schedule, modality, or promised service.

The school may have a stronger basis for deductions when it can document actual, disclosed, and non-recoverable costs, such as completed testing, issued materials, or a legitimate reservation arrangement.

What if the school cancels the class or program?

The student’s case for a refund is usually strongest when the school—not the student—fails to provide the promised educational service.

Examples include:

The school does not open the advertised course or section;
Enrollment is cancelled because there are too few students;
The institution lacks authority to offer the program;
The school closes before the term starts;
The student is rejected after the school already accepted tuition;
The promised campus or program is unavailable; or
The school cannot accommodate the student after confirming enrollment.

In these situations, the school should ordinarily return tuition and other amounts covering services it will not provide. It may retain only charges supported by a lawful agreement and an actual completed service, such as an entrance examination already administered.

A blanket statement that “all payments are non-refundable” does not necessarily permit a school to keep tuition for education it cancelled or never delivered. Contract terms must still be performed in good faith and cannot authorize unjust enrichment. (Lawphil)

Are reservation and enrollment fees refundable?

A reservation fee is not automatically refundable or non-refundable. The result depends on its disclosed purpose and terms.

A valid reservation arrangement should clearly state:

The amount;
What slot or benefit is being reserved;
Whether it will be credited to tuition;
The deadline for completing enrollment;
What happens if the student changes their mind;
What happens if the school rejects the student; and
What happens if the school does not open the class or program.

A genuinely non-refundable reservation fee is more likely to be enforceable when the parent knowingly agreed to it before payment and the school actually held a limited slot or incurred a corresponding cost.

The label alone is not decisive. A school cannot necessarily convert a large advance tuition payment into a non-refundable “reservation fee” after the student asks to withdraw.

Does the No Permit, No Exam law stop advance collection?

No. Republic Act No. 11984, or the No Permit, No Exam Prohibition Act, does not make tuition optional and does not prohibit schools from requiring enrollment payments before classes.

The law protects qualified disadvantaged students who cannot pay tuition and other school fees on time by allowing them to take periodic or final examinations without an examination permit. A school may require an appropriate promissory note and may still use lawful remedies to collect the unpaid amount or withhold records and credentials, subject to the law. (Lawphil)

The law therefore concerns access to examinations despite unpaid fees. It does not create a general right to enroll without making any initial payment.

How to request a tuition refund before classes begin

1. Check the official opening date

Confirm the first day of classes shown in the school calendar. Orientation, registration, placement testing, and access to an online portal may occur earlier, so determine whether the school treats any of these as the start of services.

2. Gather the relevant documents

Collect copies of:

Enrollment form or enrollment confirmation;
Assessment of fees;
Payment receipt, invoice, bank record, or electronic payment confirmation;
Student handbook;
Refund and withdrawal policy;
School calendar;
Reservation agreement;
Emails, messages, and announcements;
Proof that no materials were released or services provided, when relevant; and
Any notice that the school cancelled or changed the class.

Screenshots should show the date, sender, and full message whenever possible.

3. Submit a written withdrawal immediately

Do not rely on a telephone call or verbal conversation with a teacher.

Submit a dated letter or email to the registrar, admissions office, accounting office, or school head stating:

The student’s complete name and student number;
Program, grade level, section, and school year or term;
Date and amount paid;
Clear notice that the student is withdrawing;
The effective date of withdrawal;
The reason, if the student wishes to provide it;
The amount being requested;
The bank or payment details needed for the refund; and
A request for an itemized written computation of any deduction.

Ask for a receiving copy, email acknowledgment, or reference number. For colleges, the date of written withdrawal can directly affect the amount chargeable under CHED’s refund framework.

4. Ask for the exact basis of every deduction

If the school refuses a full refund, request:

The specific handbook or contract provision;
The version of the policy effective when payment was made;
The computation of the amount retained;
Identification of services already performed;
Confirmation that the fee was part of the authorized assessment; and
The expected refund release date.

A response saying only “school policy” is incomplete. The school should identify the actual policy and explain how it applies.

5. Escalate within the school

Send a follow-up to the school president, director, principal, dean, or grievance committee if accounting or admissions does not resolve the issue.

A practical escalation schedule is:

Submit the first written request immediately.
Follow up after three to five working days if there is no acknowledgment.
Send a final written demand if no computation or decision is issued within a reasonable period.
Escalate to the appropriate education regulator when the school refuses to explain its position or apply its own policy.

These are practical follow-up periods, not fixed statutory deadlines. The school’s handbook may provide its own processing period.

6. File the complaint with the correct regulator

The proper office depends on the institution:

Type of institution	Government office
Private preschool, elementary school, junior high school, or senior high school	DepEd Schools Division Office or Regional Office with jurisdiction
Private college or university	CHED Regional Office
Technical-vocational institution or training center	TESDA Provincial or Regional Office
Public SUC or LUC dispute involving RA 10931	Institution’s grievance office, governing board, and UniFAST or CHED, as applicable

For a college complaint, the student may contact the Public Assistance and Complaints Desk of the appropriate CHED Regional Office. (Commission on Higher Education)

Attach the relevant documents and present a short chronology. State the exact remedy requested, such as:

Full refund;
Refund less a specifically accepted administrative fee;
Correction of the fee assessment;
Written explanation of the computation;
Cancellation of an improperly recorded balance; or
Release of the undisputed portion while the remainder is reviewed.

7. Consider a formal demand if the dispute remains unresolved

For a substantial amount, a written demand can state:

The amount paid;
The date of withdrawal;
The services not provided;
The school’s contractual or regulatory obligation;
The amount demanded;
A reasonable deadline for payment; and
The intended next procedural step.

Notarization is not normally necessary for an ordinary school withdrawal or refund letter. A notarized affidavit may be useful if the regulator requires a verified complaint or if important facts are disputed.

Special situations students often encounter

The student never attended a single class

Non-attendance alone does not cancel enrollment. The student should submit a written withdrawal. In higher education, CHED’s refund rule expressly states that the charge may apply regardless of actual attendance.

The school says the payment is non-refundable

Ask for the policy that existed when the payment was made. Determine whether it covers the particular payment, whether it was properly disclosed, and whether the school provided the service connected to the fee.

The student received books, uniforms, or a device

The school may deduct the agreed price of items already released, especially when they cannot reasonably be returned. Unreleased or unused items should be separately identified rather than hidden within a single tuition deduction.

A scholarship, voucher, or educational benefit was delayed

The student should clarify whether the school collected a temporary advance subject to reimbursement. Obtain written confirmation of how the scholarship or voucher will be credited once payment is received.

The student is a foreign national

Foreign students are generally subject to the same enrollment contract and institutional refund policy. Visa denial, delayed immigration documents, or a change in travel plans does not automatically guarantee a refund unless the school’s policy provides one or the school failed to satisfy a promised condition.

A foreign student acting through someone in the Philippines may be asked for a signed authorization or special power of attorney, together with identification documents. The exact requirement depends on the school and the transaction.

The school changed from face-to-face to online classes

A change in teaching modality does not automatically entitle every student to a refund. The question is whether the change was authorized, properly announced, and materially inconsistent with what the school promised when enrollment was accepted.

Frequently Asked Questions

Can a private school require full tuition before the first day of classes?

Yes, if the payment requirement is part of a lawful, properly disclosed enrollment arrangement. Many schools instead allow installments, but Philippine law does not require every private school to offer an installment plan.

Can a school refuse enrollment unless I pay a down payment?

Generally, yes. A private school may require an initial payment as a condition for completing enrollment, subject to applicable DepEd or CHED regulations and its published policies.

Am I entitled to a full refund if I withdraw one day before classes?

Not automatically in every case. A strong claim for a substantial or full refund may exist, but the outcome depends on the school’s disclosed policy, the type of fee, and any services already provided.

Can a college charge the whole semester if I attended only one class?

Under CHED’s default framework, a written withdrawal during the first week may result in a charge of up to 25% of the total amount due, while withdrawal during the second week may result in a charge of up to 50%. After the second week, the full amount may be charged. Institutional policies may also affect the result.

Does simply not attending cancel my enrollment?

No. Submit a written withdrawal. Otherwise, the school may continue treating the student as enrolled and assess charges under its policies.

Can a school keep my tuition if it cancels the class?

Keeping tuition for a class the school will not provide is difficult to justify. The school should ordinarily refund amounts covering the cancelled educational service, although a properly disclosed fee for a separate completed service may be treated differently.

Is every “non-refundable” fee valid?

No. The term must have been disclosed and agreed upon, and the provision must be lawful and connected to a legitimate purpose. It cannot override education regulations, public policy, or the Civil Code’s requirements of fairness and good faith.

Where do I complain about a private high school?

Start with the school’s administration. If unresolved, file the complaint with the DepEd Schools Division Office or Regional Office that has jurisdiction over the school.

Where do I complain about a college or university?

File with the CHED Regional Office covering the institution. Include the assessment, proof of payment, refund policy, written withdrawal, school response, and a clear computation of the amount claimed.

Can the school withhold my records because of an unpaid balance?

Schools may have authority to withhold certain records or credentials for legitimate unpaid obligations, subject to applicable laws and regulations. RA 11984 also preserves lawful collection remedies even while protecting qualified disadvantaged students’ right to take examinations. (Lawphil)

Key Takeaways

A private school may generally collect tuition or an enrollment installment before classes begin.
Advance collection must follow the school’s disclosed fee schedule and applicable DepEd, CHED, or TESDA rules.
Public basic schools generally cannot charge tuition, while qualified students in covered SUCs and LUCs receive statutory free tuition subject to RA 10931.
There is no single automatic pre-class refund percentage applicable to every Philippine school.
For colleges, written withdrawal during the first or second week can significantly affect the amount chargeable under CHED’s default refund framework.
Never rely on non-attendance or a verbal cancellation. Submit a dated written withdrawal and keep proof of receipt.
Ask for an itemized explanation of every deduction and the exact policy supporting it.
A school has a particularly weak basis for keeping full tuition when it cancelled the class or failed to provide the promised educational service.
Unresolved private basic education complaints may be elevated to DepEd; higher education complaints may be elevated to the appropriate CHED Regional Office.