As persons and citizens of the

Philippines, students enjoy the

protection and guarantee afforded by
the 1987 Constitution to all persons
under the Bill of Rights. These rights
are carried by the student even upon
entering the school campus or
premises.
 As declared by our Supreme Court;

“x x x (The students) enjoy like the rest of

the citizens the freedom x x x. They do not
borrow from the opinion of Justice Fortas in
Tinker v. Moines Community School District.
‘shed their constitutional rights x x x at the
school gate.’ x x x”
 The parallels of constitutional
liberties which should exist for students on
campus are not easy for school
administrators to accept. As stated by Rev.
Fr. Joaquin G. Bernas, S. J., in his comment
on the proposed bill on the “Magana Carta
for Students”
 “What is usually said is that a student
does not leave his constitutional rights at
the gate of a school. He takes them into the
school.

This is true, but constitutional rights

outside the school and constitutional rights
in the school are merely analogous, not
univocal.
 The rights outside the school are
those enjoyed by everyone within a society
that is open to and intended for everyone.

A school, however, is a specialized

society with narrowly drawn goals. Only
those who agree with the goals of the
school are expected to enroll.
THE FOUR PILLARS OF ACADEMIC
FREEDOM OF SCHOOLS:

1. The right to decide who may enroll

2. The right to decide who may teach
3. The right to decide what will be
taught
4. The right to decide how teaching is
to be carried on.
As rejoinder to the above position
professed by school owners, is the
argument that the legal rights of
ownership are insufficient basis for
them to determine freely what
policies should be put into effect in an
educational institution.
It is even stressed that the application of these
Constitutional rights to students in private
educational institutions is justified by three
basic theories:
1. Attempts to treat the action in question of
the private school as “state action” under
the Constitution
2. Contract theories under which the school
has, trough written or unwritten
agreements, bound itself to recognize
certain rights of the student
3. Common law rights theories concerning
private associations.
 On several occasions the
Supreme Court also ruled
categorically that the legitimate
exercise of rights by the students
within the school grounds cannot
be the basis of the school for
punishing students or deny their
re-admission.
 As long as his liberty or property is at
stake, as student is entitled to due processes
regardless of the extent or severity of the
deprivation--- unless the deprivation is
merely “de minimus.”
It is therefore recognized that “(s)chool
officials and academic personnel shall have
the right to impose appropriate and
reasonable disciplinary measures in case of
minor offenses or infractions of good
discipline committed in their presence.
 However, when a student commits
a serious offense that entails the
imposition of a severe administrative
penalty, he must first be accorded due
process. There is no justification for
the denial thereof, not even offense
was committed in the presence of
faculty members or other school
authorities.
 The nature of the due process
required should vary with the nature of the
case. Factors that must be considered are
the seriousness of the liberty or property
deprivations, the kind of procedures that
are most appropriate to deciding the
issues at hand, and the administrative
burden. The basic aim is to minimize the
risk of erroneous decisions.
The Court laid down these minimum
standards that must be met to satisfy the
demands of procedural due process in
student disciplinary hearings:

1. The students must be informed in writing

of the nature and cause of any accusation
against them;

2. They shall have the right to answer the

charges against them, with the assistance
of counsel, if desired:
3. They shall be informed of the evidence
against them;

4. They shall have the right to adduce

evidence in their own behalf: and

5. The evidence must be considered by

the investigating committee or official
designated by the school authorities to
hear and decide the case.
Students facing suspension, exclusion
or expulsion and the consequent with
protected property interest must be
given some kind of notice and
afforded some kind of hearing in
accordance with the minimum
requirements. In case of dismissal due
to academic deficiency, the school is
not obliged to observe the Guzman
requirements.
 Of all human rights, religious freedom
is entitled to the highest priority and the
amplest protection for it involves the
relationship of man with his Creator.

Schools therefore cannot promulgate

rules prohibiting students from exercising
their freedom of religion or force them o
follow school rules against their religious
belief.
 The school authorities adopt a policy of
total ban on campus fraternities and sororities,
the school will have to prove that the
organization in question undermines the school’s
legitimate goals and the welfare of its students.
CHED Memorandum order No. 97 (22
August 1995) requires all heads of private Higher
Education Institutions to submit to the CHED a
list of all fraternities/sororities and/or student
organizations officially registered with their
institutions and the corresponding members
thereof.
DECS/ CHED Orders on
Recognition of Student
Associations/
Organizations/
Fraternities and/or
Sororities
(1.) Relative to Student Associations/
Organizations

Students in these institutions desiring

to participate in student organizations on
campus shall do as right, in return for
recognition by affiliation with and/or
support from the respective institutions. It
is understood that organizations that exist
or operate outside of the system of school
recognition shall continue to be governed
by the law.
(2) Relative to Student Councils

Student councils shall have the right to

determine their policies and programs on
student activities, in accordance with the
provisions of their recognized constitutions or
charters.

Each institution shall make available to the

student council, from fees collected for the
purpose or from other appropriate funds, in
accordance with an income and expenditures
budget for the semester or school year, as the
case may be.
(3) Relative to Fraternities/Sororities

a. Establishment and Regulation of

Fraternities and Sororities

It shall be the responsibility of the

school head to supervise and regulate the
operations as well as activities of all duly
recognized student organizations, for the
purpose of directing as well as maximizing
the utilization of their resource and efforts.
 Each student organization shall have a
constitution and by-laws which shall be
approved upon recommendation of the
Dean of Students, by the school head. No
such student organization shall be allowed
to function in a school without prior
approval as required.
b. Preventive Measures Against Violence
and Sanctions on Fraternities and Other
School Organizations

All educational institutions of higher

learning are encouraged to promote
programs and projects that will produce
responsible students and will instill the
value of human life for a productive future.
a. Authorization for Students Assemblies
Prior written approval of school
authorities in the form of a permit shall be
necessary before any student assembly is
held or announced.
b. Conduct of Student Assemblies
It shall be the responsibility and the
duty of the leaders or organizers of the
student assembly to adopt all measures and
to take all steps necessary to ensure a
peaceful student assembly
(f) Right to Privacy

The doctrine established by the US

Supreme Court in the celebrated case may
be the basis for school authorities/
administrators in determining the extent of
their authority to search and/or seize
personal belongings of students brought
inside the school campus considering the
right of said students to privacy. The
school setting requires some easing of the
restrictions to which ordinary searches by
public authorities are performed.
(a) Right to Counseling

Counseling is concerned with

assisting a student in understanding and
evaluating his potentialities and in
discovering and developing ways and
means of working out his problems and
taking full advantage of his opportunities.
(b) Right to Access to and Confidentiality
of Records
The right of access to records is an
individual right, which means a right
conferred by the law upon the student only.
In the case, however, of a student of minor
age, the right may be exercised by his
parents or legal guardian.
It should be note however , that not all
student records are subject to the rule of
confidentiality. The categories of school
records are classified:
(1)Classified or Strictly Confidential Records

This refers to records of the student

submitted in pursuance of the “special
relationship” it has with school. That is,
information disclosed to the school, for the
latter’s use only for admission and or
promotion purpose and no other.
(2)Unclassified or Non-Confidential Records

These are other school records and

documents not covered by the first
category. Records that should necessarily
be made public to enable the State
(government) and students or parents
determine legal existence and operation
of the school and assess its performance.
(3)Forms 137 and 138

These are two very important student

records: the transfer credentials (Form 138)
and the Transcript of Records (Form 137). It
should be noted that therefore, that the
transfer credentials should not be
released if student still has financial or
property obligations to the school.
(4)Issues Raised in Handling of School Records
Questions:
1. May a student record be released to a
company with whom he has filed an
application for a job?
2. May the grades of the students be posted n
the school door or bulletin boards?
3. May the spouse of a student request for
latter’s records in school without his/her
consent?
4. May the records released to another
school upon transfer of a student,
particularly the TOR, include the release of
disciplinary records?
(c) Right to BE Free From Involuntary
Contributions

May private schools solicit and

receive contributions or donations from
students or their parents?
THANK
YOU!