The Legality of “Mandatory Donations” for School Graduations in the Philippines

Last updated based on generally applicable law and long-standing national guidance through mid-2025. This is practical legal information, not formal legal advice.

Executive summary

In public basic education (DepEd schools), “mandatory donations” for graduation or moving-up rites are not allowed. Any request for money must be voluntary, minimal, and non-exclusionary (no penalties for not giving).
No learner may be barred from graduating or joining the ceremony, or be denied diplomas/records, for failure to pay a “donation,” graduation fee, toga rental, yearbook, pictures, or similar.
Parent-Teacher Association (PTA) collections must be voluntary and may not be used to compel participation or withhold school services. School officials may not compel or channel funds through the PTA to skirt the rules.
Private schools and higher-education institutions (HEIs) may only collect approved fees (disclosed up front in the official schedule of fees or student contract). A “donation” that is required is not a donation—it becomes an unauthorized fee and can be challenged.
Coercive collection (e.g., “No pay, no march / no diploma”) risks administrative liability for public officials and, in serious cases, may implicate penal statutes on illegal exactions or grave coercion.

Why “mandatory donation” is an oxymoron

In Philippine law, a donation is voluntary by nature. The moment a school or PTA requires payment—or imposes a penalty for non-payment—it ceases to be a donation and becomes a fee. For public schools, unauthorized fees are prohibited. For private schools/HEIs, any fee must be duly authorized in the school’s approved schedule or contract and conform to education regulations.

Sources of law and policy you should know

1987 Constitution
- Art. XIV, Sec. 1–2: The State must make education accessible and free in public elementary and secondary levels. Practices that effectively condition access or participation on payment are suspect.
Governance of Basic Education Act (RA 9155)
- Empowers DepEd to issue binding policies for public basic education, including no-collection rules and graduation guidelines.
DepEd’s long-standing directives
- “No collection of fees” at specified times and no graduation fees in public schools; any contribution for ceremonies must be strictly voluntary. Annual end-of-school-year issuances consistently repeat:
  - Keep rites simple and learner-centered.
  - No payment may be required to join rites or receive credentials.
  - No commercial, political, or extravagant elements.
- PTA rules (e.g., Revised PTA Guidelines) emphasize that contributions are voluntary, cannot be a condition for admission, clearance, card release, graduation, or ceremony participation; PTA funds are separate from school MOOE and must be properly receipted and liquidated.
Code of Conduct for Public Officials (RA 6713)
- Bars soliciting/accepting gifts or contributions related to official duties, except as allowed by policy. School officials who pressure parents for money connected to official ceremonies risk administrative sanctions.
Ease of Doing Business/Anti-Red Tape (RA 11032, building on RA 9485)
- Government offices (including public schools) may not impose unauthorized payments as part of rendering a public service or releasing public documents (e.g., diplomas, cards, Form 137/138).
Solicitation Permit Law (PD 1564, as amended)
- Public solicitation generally requires a permit (DSWD/LGU, depending on scope). PTA/school-initiated public fundraising for graduation expenses should observe permit rules. Internal, purely voluntary contributions among members are distinct but must still be non-coercive.
Higher Education
- CHED regulates HEIs; TESDA regulates TVET. State Universities and Colleges (SUCs) receiving free-tuition subsidies (RA 10931) have restrictions on charging “other school fees.” Regardless, labeling a payment as a “donation” doesn’t make it legal if it’s effectively required and not in the approved fees.

Public basic education: what’s allowed vs. prohibited

Prohibited (public elementary and secondary)

Any “mandatory donation” for graduation/moving-up rites.
“No pay, no march / no diploma / no clearance” policies.
Conditioning participation on buying:
- Toga/cap/gown, sashes, corsages
- Yearbooks, souvenir programs, photo packages, tarpaulins
- Uniforms or attire beyond the usual school uniform (unless optional)
Using the PTA to collect compulsory amounts or to penalize non-contributors.

Allowed (with safeguards)

Voluntary contributions (cash or in-kind) from parents, alumni, LGUs, or partners to support simple rites—no pressure, no penalties, no minimum amount.
Optional purchases (e.g., yearbook, photos, togas) handled by suppliers or PTA, no exclusivity requirement (parents may source their own).
School may use MOOE and donations in kind (properly receipted and accepted) for modest graduation needs consistent with DepEd/COA rules.
Religious services must be optional and non-sectarian rites must be available for all.

PTA involvement: bright-line rules

PTA is independent of the school’s official funds; school heads are not signatories to PTA bank accounts.
PTA may not:
- Collect compulsory graduation “donations.”
- Withhold clearances/credentials or exclude learners from rites.
- Use funds for compensation of school personnel or political activity.
PTA must:
- Issue official receipts, keep books, and provide liquidation reports to members.
- Secure solicitation permits if raising funds from the public.

Private basic education (non-DepEd schools)

Private schools may set fees via the approved schedule of fees (SOF) disclosed at enrollment.
A “donation” that is required or penalized if unpaid is a de facto fee and must be in the SOF. Otherwise, it’s unauthorized and can be challenged.
Participation in rites cannot be conditioned on buying from a specific supplier or paying for non-essential add-ons (yearbooks, photos, corsages, souvenirs).
Disputes are usually addressed through the school’s grievance mechanisms, then the DepEd Private Schools unit (for basic ed), or relevant regional office.

Higher education (colleges/universities)

HEIs may charge graduation fees only if they are authorized (in the SOF/student contract) and regulated by CHED.
For SUCs/LUCs covered by RA 10931, the ability to charge “other school fees” is limited; institutions issue their own detailed guidance each academic year.
Regardless of level, calling a payment a “donation” while requiring it (or withholding credentials/participation for non-payment) is vulnerable to challenge.

Red flags that make a “donation” unlawful

Written or verbal messages like “no contribution, no march” or “clearance withheld if unpaid.”
Minimum amounts or fixed “share per student.”
Exclusivity or tie-ins to a single supplier (toga, photos, flowers) with penalties if parents don’t buy.
Collections without receipts, unclear accounting, or pressure via class advisers or learners.

Possible liabilities and remedies

For public school officials/personnel

Administrative: violation of DepEd directives; conduct prejudicial, oppression, grave misconduct under civil service rules; RA 6713 breaches.
Criminal (case-dependent):
- Illegal exactions (public officer demanding unauthorized sums in connection with official duties).
- Grave coercion (forcing payment with threats like exclusion).
Audit issues: COA questions on receipt/usage of funds; acceptance of donations outside rules.

For private school administrators

Contract/regulatory exposure for charging unauthorized fees, unfair trade practices, or violating student handbooks/SOF/permits.

What parents/guardians can do (public or private)

Keep evidence: letters, screenshots, texts, collection forms, announcements.
Ask—in writing—for clarification and cite the voluntary principle; request the legal basis for any required payment.
Escalate politely:
- Class adviser → School head → Schools Division Office (public) or school’s grievance/DepEd private schools unit (private).
File a complaint (attach evidence). For public schools, you may also copy the DepEd Regional Office and note potential administrative and anti-red tape violations.
If credentials are withheld, assert the right to release without payment of unauthorized charges; consider Barangay mediation or legal aid groups if needed.

Practical FAQs

Q: Can the school require everyone to rent/buy a toga or sash? A: No. These are optional. Learners who don’t rent/buy cannot be penalized or excluded.

Q: Our PTA set a “mandatory ₱500 donation” for the venue. Legal? A: No. PTA collections must be voluntary. There can be suggested amounts, but no penalties for non-contributors.

Q: The school says “only those who pay will join the march; others will just get the diploma later.” A: Excluding learners from rites for non-payment is prohibited in public schools and is high-risk in private schools. Challenge it.

Q: Yearbook committee says we must buy the yearbook to join rites. A: Yearbooks are optional extras. Access to rites or credentials cannot be conditioned on buying them.

Q: Can LGUs or donors pay for the ceremony? A: Yes, if properly accepted and no strings attached. Funds or in-kind support must follow DepEd/COA rules.

Administrator’s compliance checklist (public schools)

End-of-year rites are simple, non-extravagant, and inclusive.
No required payments for participation; any contribution is voluntary and non-coercive.
Communications avoid any minimum amounts or threats.
Optional items (toga, photos, yearbooks) clearly labeled as such; no exclusive suppliers.
PTA, if involved, follows voluntary collections, proper receipting, and clear liquidation.
If soliciting publicly, obtain proper solicitation permits.
Consider using MOOE (within rules) and/or in-kind donations to cover essentials.

Sample parent letter you can adapt

Subject: Clarification on Graduation Collections Dear [Principal/Adviser/Committee Chair], We received notices about collections for graduation. We fully support simple and meaningful rites. However, we understand that in public schools no graduation fee may be required and that any support must be voluntary and non-exclusionary. We also understand that learners cannot be barred from marching or receiving credentials due to non-payment, and that PTA contributions are voluntary. May we request the written legal basis for any required payment and assurance that no penalties (e.g., exclusion from rites, withholding of cards/diploma) will be imposed for non-contributors? If contributions are voluntary, kindly confirm that no minimum amount is set and that all learners may join the rites regardless of contribution. Respectfully, [Name], [Learner], [Section], [Contact]

Key takeaways

Mandatory donation is a contradiction in terms.
Public schools: no required payments to graduate or join ceremonies—ever.
Private/HEIs: only authorized fees; any “donation” that’s required is an unauthorized fee.
Parents have clear remedies; administrators have clear guardrails.

Final note

Specific circular numbers and annual themes change, but the core rule has been consistent for years: graduation rites must not depend on a family’s ability to pay. If you need help drafting a tailored letter or complaint based on your school’s notices, share the exact wording and I’ll adapt one for you.