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During the Martial Law years in the Philippines, which was declared by
the late President Ferdinand Marcos 40 years ago, many students and young
professionals were affected. Students had to tone down their stance on
various political issues and had to limit their protests to classroom
discussions. They were scared because their freedom and rights to free
speech and expression were taken away and men in uniform and in civilian
can arrest anyone and no civil court exists.
When Martial Law was lifted and Cory Aquino became the President,
the 1987 Philippine Constitution was made after the Freedom Constitution.
Article III Section 4 of the 1987 Philippine Constitution states that no law
shall be passed abridging the freedom of speech, of expression, or of the
press, or the right of the people peaceably to assemble and petition the
government for redress of grievances. This simply means that people can
read, write, or say what they want without fear of punishment from the
government - subject to limitations which restricts people to say or write
things that will cause riots or injury. In addition, Article III Section 7 of the
1987 Philippine Constitution states that the right of the people to
information on matters of public concern shall be recognized. Access to
official records, and to documents and papers pertaining to official acts,
transactions, or decisions, as well as to government research data used as
basis for policy development, shall be afforded the citizen, subject to such
limitations as may be provided by law. With these rights and freedom of
expression provided by the Constitution, people are also given the right to
education as it becomes one of the priorities of the State. Article XIV,
Section 1 of the Constitution provides that The State shall protect and
promote the right of all citizens to quality education at all levels, and shall
take appropriate steps to make such education accessible to all. In addition,
the Constitution provided in Article XIV Section 2 that The State shall:
1. Establish, maintain, and support a complete, adequate, and integrated
system of education relevant to the needs of the people and society;
2. Establish and maintain, a system of free public education in the
elementary and high school levels. Without limiting the natural rights of
parents to rear their children, elementary education is compulsory for
all children of school age;
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3. Establish and maintain a system of scholarship grants, student loan
programs,
History subsidies,
of Student andbyother
Civil Rights Lori L. incentives
Gibson (2003)which shall be available to
Student Rights in the 1960s and 1970s: Freedom of Speech
deserving students in both public and private schools, especially to the
Stayin alive in the Martial Law Years Students, Yuppies Recall the Times - by GMA, 2012
under-privileged;
1987 Philippine Constitution, Art. III, Sec.4, Sec.7
1987 Philippine Constitution, Art. XIV, Sec.1, Sec.2
4. Encourage non-formal, informal, and indigenous learning systems, as
well as self-learning, independent, and out-of-school study programs
particularly those that respond to community needs; and
5. Provide adult citizens, the disabled, and out-of-school youth with
training in civics, vocational efficiency, and other skills.
Being said that education is one of the priorities of the State, students are
given rights and freedom of expression as provided not only by the
Constitution but also by other statutes including Executive Order No. 170
SECTION 2 or Declaration of Rights wherein Every student enrolled in a
college or university authorized or recognized by the government shall enjoy
the following rights:
1. The right to due process, which shall include the right to be informed in
writing and to be heard and to defend himself before a body created by
the school administration, at least one member of which should be
designated by the duly constituted student government, of any charge
that may lead to his suspension, expulsion or similar disciplinary action
pursuant to school rules and regulations;
2. The right to be heard on and to propose school policies;
3. The right to organize a free student government that can administer,
legislate and adjudicate within its approved constitutional jurisdiction;
4. The right to participate through his student government in setting up
student activity fees and other student activity funds and in the
disbursement thereof;
5. The right to organize within the campus, under law, and to seek
recognition for such organization by filing with the proper school
authority a written statement of purpose and description of
organizational structure and procedures and a specified minimum
membership qualifications and listings: Provided, however, that such
recognition may be revoked upon proof of violation of its own
statement of purposes and procedures or of the rules and regulations
of the institution;
6. The right to avail and use of campus facilities as members of
authorized student organizations, subject to uniform regulations as
may be required for the coordinated use of school rooms and
conference halls or field spaces: Provided, That the facilities shall be
used for the purposes contracted and for no other purpose;
7. The right to use the name of the institution as a student or member of
authorized campus organizations, subject to uniform prescribed rules
with respect to off-campus activities;
8. The right to hear lecturers or speakers chosen upon the
recommendation of the recognized student organizations;
9. The right to publish and issue within the bounds of law, good morals
and school regulations and objectives, regular student-controlled
publications free from censorship or any pressure aimed at controlling
editorial policy or staff appointments: Provided, that the publication
expenses shall be paid out from student funds;
10.The right to free research in connection with academic work, and the
publication, discussion and exchange of his findings and
recommendations, subject to existing laws and regulations;
11.The right to competent instruction and adequate welfare services and
curricular facilities commensurate to the capacity of the school;
12.The right to exercise his rights as a citizen in any off-campus activity
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without impairing his standing in the institution: Provided, that he does
not claimOrder
Executive to represent that Sec.
No. 170, s. 1969, institution.
2
With regard to the Right of Students in School, Batas Pambansa Blg. 232,
Section 9 provided that in addition to other rights, and subject to the
limitation prescribed by law and regulations, and student and pupils in all
schools shall enjoy the following rights:
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In addition, lawmakers are pushing for the passage of the "Magna Carta
for Students Act of 2014" that seeks to recognize, protect and promote the
rights of students. It seeks to ensure the right of student to admission and
quality education; organize among themselves; participate in school policy-
making; free expression and information; academic freedom; and due
process in disciplinary proceedings, among others. It covers student-youth
from the secondary level to the post-secondary and tertiary levels of
education, including vocational and technical education. It aims that
education system being the principal institutional mechanism for imparting
knowledge and developing talents and skills shall be given priority attention
and support by the government; and that education is a right and not a mere
privilege. It is therefore the responsibility of the State to provide quality
education for all Filipinos accessible at all levels. Furthermore, it adds that
House Bill No. 2870 states that "no student shall be prohibited from taking a
periodic or final examination because of unpaid tuition and other school fees
not exceeding two (2) instalments under the established terms of payment
prescribed by the school concerned and approved by the appropriate
government agency. Lastly, students must exercise the rights vested to
them responsibly upholding, preserving, and maintaining the good name of
their alma mater.
Student Involvement
1. All students have the right to organise themselves freely in legally
recognised entities. Students must not suffer academic, financial or
legal consequences stemming from such involvement.
2. All students have the right to co-governance in all decision making
bodies and fora relevant to their education directly or through
democratic representation.
3. Students have the right to be informed about all higher education
affairs in a transparent manner.
4. All students have the right to have their opinion considered as that of a
stakeholder on equal footing in higher education.
5. All students have the right to freely express themselves and this
should not be limited to academic matters.
Some local jurisprudence involving the rights of the students are the
cases of Malabanan and Alcuaz. In the case of Crispin Malabanan v.
Anastacio Ramento, where students rallied in the second floor lobby of the
institution, uttered language severely critical of the University authorities,
used megaphones in the process, and disturbed the classes as a result of
their actions, the court held that a one-week suspension would be enough as
a punishment and not one-year. Malabanan and the officers of the Supreme
Student Council of the Gregorio Araneta University Foundation are entitled to
their rights to peaceable assembly and free speech. They enjoy like the rest
of the citizens the freedom to express their views and communicate their
thoughts to those disposed to listen in gatherings. However, the University
could take disciplinary actions which must be recognized and cannot go so
far as to be in violation of constitutional safeguards.
In addition to this is the Senate Bill No. 1552, entitled An Act Providing
for a Magna Carta for Students, provides the right of the students to file an
appeal. Student council through a majority vote of all its members have the
right to file an appeal on a decision of any policy-making body subordinate to
the governing board. In case of any decision unfavourable to the students,
the Student Council may file an appeal with the Department of Education, the
Technical Education and Skills Development Authority and the Commission
on Higher Education, insofar as the secondary, post-secondary, technical-
vocational, and tertiary students, respectively, are concerned. It also
provides the rights of the students to information and freedom expression,
subject to existing laws. Similar to this is the House Bill No. 2870 that also
lays down the basic rights of students in the Philippines, including the right
to organize, right of expression, academic freedom, right to information, right
to participate in policy-making, and the right to due process in disciplinary
proceedings. Furthermore, The House Committee on Higher and Technical
Education is fast-tracking the passage of the Magna Carta of Students, which
includes a section that seeks to tighten tuition regulation in the country.
(Palaubsanon, 2015).
Definition of Terms:
Freedom of Expression is the right to express one's ideas and opinions freely
through speech, writing, and other forms of communication but without
deliberately causing harm to others' character and/or reputation by false or
misleading statements.
References:
cdasiaonline.com
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http://www.congress.gov.ph/press/details.php?pressid=7784
http://www.philstar.com/cebu-news/2015/05/21/1457155/tighter-tuition-
regulation-house-body-hastens-magna-carta-passage
http://www.gov.ph/constitutions/1987-constitution/
http://hrlibrary.umn.edu/research/Philippines/RA%207277%20-%20Magna
%20Carta%20of%20Disabled%20Persons.pdf
http://legal-dictionary.thefreedictionary.com/right
http://thelawdictionary.org/freedom/https://www.senate.gov.ph/lis/bill_res.aspx
?congress=16&q=SBN-1552
https://www.scribd.com/doc/46585671/HB-2190-Students-Rights-and-Welfare-
Bill
https://www.scribd.com/doc/46585671/HB-2190-Students-Rights-and-Welfare-
Bill
http://www.congress.gov.ph/press/details.php?pressid=7784
http://www.ched.gov.ph/wp-content/uploads/2013/05/Manual-of-Regulations-
for-Private-Higher-Education.pdf
http://www.deped.gov.ph/orders/do-6-s-2010