From EDUCATION OF 1982 ( singed into law on September 11,1982)

Sec 9. Rights of Students in School In addition to other rights, and subject to the
limitations prescribed by law and regulations, students and pupils in all schools shall
enjoy the following rights:

1. The right to receive, primarily through competent instruction, relevant quality

education in line with national goals and conducive to their full development as
persons with human dignity.
2. The right to freely choose their field of study subject to existing curricula and to
continue their course therein up to graduation, except in case of academic deficiency,
or violation of disciplinary regulations.
3. The right to school guidance and counseling services for making decisions and
selecting the alternatives Infields of work suited to his potentialities.
4. The right to access to his own school records, the confidentiality of which the school
shall maintain and preserve.
5. The right to the issuance of official certificates, diplomas, transcript of records,
grades, transfer credentials and other similar documents within thirty days from
request
6. The right to publish a student newspaper and similar publications, as well as the right
to invite resource persons during assemblies, symposia and other activities of similar
nature.
7. The right to free expression of opinions and suggestions, and to effective channels of
communication with appropriate academic and administrative bodies of the school or
Institution.
8. The right to form, establish, join and participate In organizations and societies
recognized by the school to foster their intellectual, cultural, spiritual and physical
growth and development, or to form, establish, join and maintain organizations and
societies for purposes not contrary to law.
9. The right to be free from Involuntary contributions, except those approved by their
own organizations or societies.

Excerpts from Manual of Regulations for Private Schools (1992)

Article XIV. SCHOOL DISCIPLINE

Section 73. Absences. A pupil or student in every private school who incurs absences of
more than twenty (20%) per cent of the prescribed number of class or laboratory periods
during the school year or term should be given a failing grade and given no credit for the
course or subject. However, the school may adopt an attendance policy to govern
absences of its pupils or students who belong to the upper half of their respective classes.

Section 74. Authority to Maintain School Discipline. Every private sch ~1 shall maintain
good school discipline inside the school campus as well as outside the school premises
when pupils or students are engaged in activities authorized by the school.
Section 75. Imposition of Disciplinary Action. School officials and academic personnel
shall have the right to impose appropriate and reasonable disciplinary measures in case of
minor offenses or infractions of good school discipline committed in their presence.
However, no cruel or physically harmful punishment shall be imposed or applied against
any pupil or student.

Section 76. Filing of Administrative Action. When the offense committed is serious and
circumstances so warrant, the school head shall cause the filing of the corresponding
administrative action against the erring pupil or student. No disciplinary sanction shall be
applied upon any pupil or student except for cause as defined in the rules and regulations
of the school or in this Manual, and after due process shall have been observed. The
punishment shall be commensurate with the nature and gravity of the offense.

Section 77. Categories of Administrative Penalties. The three categories of disciplinary

administrative sanctions for serious offenses or violation of school rules and regulations
which may be applied upon an erring pupil or student are; Suspension, Exclusion, and
Expulsion.

a. Suspension. Suspension is a penalty in which the school is allowed to deny

or deprive an erring pupil or student of attendance in classes for a period
not erceeding twenty (20%) percent of the prescribed class days for the
school year or term.

The decision of the school on every case involving the penalty of

suspension which exceeds twenty (20%) percent of the prescribed school
days for a school year or term shall be forwarded to the Regional Office
concerned within ten days from the termination of the investigation of
each case for its information.

(1) Preventive Suspension. A pupil or student under investigation in a

case involving the penalty of expulsion may be preventively
suspended from entering the school premises if the evidence of
guilt is strong and the school head is morally convinced that the
continued stay of the pupil or student during the period of the
investigation constitutes a distraction to the normal operations of
the school or poses a risk or danger to the life of persons and pro-
perty in the school.

b. Exclusion. Exclusion is a penalty in which the school is allowed to exclude or

drop the name of the erring pupil or student from the school rolls for being unde-
sirable, and transfer credentials immediately issued. A summary investigation
shall have been conducted, and no prior approval by the Department is required
in the impostion of the penalty.
 The decision of the school on every case involving the penalty of
exclusion from the rolls, together with all the pertinent papers therefor, shall be
filed in the school for a period of one year in order to afford the Department the
opportunity to review the case in the event an appeal is taken by the party
concerned.

c. Expulsion. Expulsion is an extreme penalty on an erring pupil or student

consisting of his exclusion from admission to any public or private school in the
Philippines and which requires the prior approval of the Secretary. The penalty
may be imposed for acts or offenses constituting gross misconduct, dishonesty,
hazing, carrying deadly weapons, immorality, selling and/or possession of
prohibited drugs such as marijuana, drug dependency, drunkenness, hooliganism,
vandalism, and other serious school offenses such as assaulting a pupil or student
or school personnel, instigating or leading illegal strikes or similar concerted
activities resulting in the stoppage of classes, preventing or threatening any pupil
or student or school personnel from entering the school premises or attending
classes or discharging their duties, forging or tampering with school records or
school forms, and securing or using forged school records, forms and documents.

The decision of the school on every case involving the penalty of

expulsion, together with the supporting papers shall be forwarded to the Regional
Office concerned within ten days from the termination of the investigation of
each case.

Section 78. Authority to Promulgate Disciplinary Rules. Every private school shall have
the right to promulgate reasonable norms, rules and regulations it may deem necessary
and consistent with the provisions of this Manual for the maintenance of good school
discipline and class attendance. Such rules and regulations shall be effective as of the date
of promulgation and notification to students in an appropriate school issuance or
publication.

Section 100.
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F. Miscellaneous Provisions

Section 100. Due Process. In all matters that may result in the imposition of sanctions
against schools, personnel or students, administrative due process shall in all instances be
observed.

Under the Constitution, no person may be deprived of life, liberty or property without due process
of law. Since administrative impositions on schools, personnel, or students may result in
the deprivation of rights or property, the Manual stresses that due process must be
observed before the institution may be the subject of any sanction.
 The due process guarantee is a constitutional limitation binding not only upon the
government but also upon each of its branches, agencies or
instrumentalities.2 Although it is particularly directed at the executive and legislative
departments it may also be violated by private persons, 3 as when school administrators
penalize students for alleged disciplinary infractions (see Section 76).

The person protected by due process is everyone within the territorial jurisdiction of the
Philippines, without regard to race, color, or nationality. Private corporations are likewise
considered persons by the provision but only insofar as their property is concerned.~

No specific procedure is prescribed for the observance of due process, nor does it automatically
involve a judicial
1 Article III, Section 1
2 De Leon, Hector S., Philippine Constitutional Law, Principles and Cases,
Volume I, 1991 Ed., p. 155
Ibid.
4 Ibid., p. 159
Miscellaneous Provisions 829
proceeding. What is important is that the essential requirements of notice and hearing are
satisfied.5 (This does not mean, however, that just any legal procedure applies in every situation.6

As discussed elsewhere in this work, due process has a two-fold aspect, namely -

1. Procedural due process which refers to the method or manner by which the law is enforced.7 It must
be a procedure which hears before it condemns, which proceeds upon inquiry, and renders judgment only
after trial;8 and

2. Substantive due process which requires that the law itself and not merely the procedures by which the
law shall be enforced is fair, reasonable and just.

Professor Hector S. De Leon explains -

In other words no person shall be deprived of his life, liberty, or property for arbitrary reasons or
on flimsy grounds. Here, the inquiry is centered upon the substance and not the form of government action,
upon its intrinsic validity and not the manner of its exercise. Thus, not only what may be done by any
government agency but also how it may be done should satisfy the requirements of due process in order to
make the deprivation valid under the Constitution.

It must appear that the interests of the public justify the States interference and furthermore, the
means employed are reasonably necessary for the accomplishment of the purpose. A desirable end cannot be
promoted by oppressive or prohibited means.9
5 Ibid.
6 Ibid.,p.158
7 Ibid.
8 Ibid.
9 Ibid., p. 159
830 Miscellaneous Provisions

Section 100 concerns itself with procedural due process and stipulates its
observance before sanctions are imposed o~ schools, personnel, or
students.

Procedural due process requires the following:

 a. Involving the revocation/withdrawal of Certificate of Recognition issued by the
government to a particular school -

1. The school must be informed by the Department in writing, by registered

mail, of the substantial deficiencies or causes for the proposed revocation;

2. The school shall be given the opportunity to explain and! or otherwise

remedy the deficiencies or violations within a reasonable period;

3. Thereafter, reinspection and re-evaluation must be conducted to determine

the schools performance in providing efficient, quality and relevant educational
service.

4. Revocation is effected only after the

schools failure to correct the deficiencies and/or
explain satisfactorily justify the violations within a
reasonable period. (See Section 24)

b. Involving school personnel -

1. Notice of dismissal Any employer who seeks to dismiss a worker shall furnish him a
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written notice stating the particular acts or omissions constituting the grounds for his
dismissal. In case of abandonment of work, the notice shall be served at the workers last
known address.
Miscellaneous Provisions 831
2. Answer and hearing The worker may answer the allegations stated against
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him in the notice of dismissal within a reasonable period from receipt of such
notice. The employer shall afford the worker ample opportunity to be heard and to
defend himself with the assistance of his representative, if he so desires.

3. Decision to dismiss The employer shall immediately notify the worker in

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writing of the decision to dismiss him, clearly stating the reasons therefor.

4. Right to contest dismissal Any decision taken by the employer shall be

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without prejudice to the right of the worker to contest the validity or legality of his
dismissal by filing a complaint with the Regional Branch of the National Labor
Relations Commission.

5. Period of decide Cases involving the dismissal of the worker shall be decided by
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the Labor Arbiter within 20 working days from date of submission of such cases for
decision.

6. Report on dismissal The employer shall submit a monthly report to the

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Regional Office having jurisdiction over the place of the work, all dismissals
effected by him, the reasons for their dismissal, the dates of commencement and
termination of employment, the positions last held by them and such other
 information as may be required by the Department for policy guidance and
statistical purposes. (See Section 94 for further discussion)

__ J
832 Miscellaneous Provisions
c. Involving students -

1. The student must be informed in writing of the nature and cause of the
accusation against him;

2. The student shall have the right to answer the charges against him, with
assistance of counsel, if desired;

3. The student shall be informed of the evidence against him;

4. The student shall have the right to adduce evidence in his own behalf;

5. The evidence must be duly considered by the investigating committee or

official designated by the school authorities to hear and decide the case. (See
Section 76)

Due Process Involving School Personnel

Dismissalfor cause, but without due process

Is an employee entitled to reinstatement and back wages if he/she is dismissed

by the employer for a just cause but without due process?

In the landmark case of Wenphil Corporation v. National Labor Relations Commission, 10

the Supreme Court laid down the doctrine governing an illegal dismissal case
where the employee satisfactorily establishes that he was terminated without due
process i.e., without first the written notice sent to him of the nature
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and cause of the accusation against him and without, more

importantly, according him opportunity to defend himself
10 170 SCRA 69 (1989)