LEGAL WRITING

CARPENTER:
STUDENTS' RIGHTS ON DUE PROCESS

DEAN ULPIANO P. SARMIENTO

San Beda College Alabang
School of Law

Submitted By:
ANDRO CARLO BEJISON
EOS MARIELLE SALDAA
MARIE KIM GAYOSO

The New Civil Code of the Philippines, specifically under Articles 349 and 350,
provide among others that teachers and professors shall exercise substitute parental
authority and that they shall exercise reasonable supervision over the conduct of the
child in line of the principle of In Loco Parentis. These laws are supplemented by the
Declaration of Policy of the Child and Youth Welfare Code of the Philippines which
affirms that institutions like the school should assist the home and the State in the
endeavor to prepare the child for the responsibilities of adulthood. The Civil Code
further recognizes in Article 352 that teachers or professors relations with their students
shall cultivate the best potentialities of the heart and mind of the pupils or students.
In line with these responsibilities of the academic institutions to children, they
may also exercise their authority to discipline the students. The term discipline as used
in set up of academic institutions refer to action resulting from both failure to meet
scholastic standards and from infractions of rules or regulations of social code. Student
discipline, on the other hand, refer to the desired or expected norm of conduct of
students and the corresponding administrative sanctions for violations thereof, as set
forth in the duly approved and promulgated school rules and regulations.
The authority to discipline is vested in both private and public schools through the
Manual of Regulations for Private Schools and the Service Manual for Public Schools.
The Manual of Regulations for Private Schools is based on the Philippine Legislature
Act 2706 otherwise known as the Private School Law. The Manual requires every
private school to maintain good school discipline and that the school shall have the
authority and prerogative to promulgate such rules and regulations as it may deem
necessary from time to time. The most current edition of the Service Manual for Public
Schools requires the students to be clean, orderly, courteous and respectful, prompt,
obedient, industrious and reasonably regular in attendance.
However, this authority to discipline is subject to limitations. The Civil Code set
the limitations by stating in Article 352 that in no case shall corporal punishment be
countenanced. The Manual of Regulations supports the said limitation through its

stipulation stating that no penalty shall be imposed upon any student except for cause
as defined in this Manual and/or in the school rules and regulations as duly
promulgated and only after due investigation shall have been conducted. The
administrative sanctions should be commensurate with the nature and gravity of the
violation of school rules and regulations committed. The Service Manual affirms the
limitations by stating that there shall be a reasonable consideration for parents with the
requirement that they shall be fully informed by the teacher or the principal on any
misconduct on the part of their children for which disciplinary action is necessary. The
Service Manual advises teachers that in handling disciplinary cases, that their attitude
should be professionally correct and that punishments, meted out to pupils should
never come from malice, prejudice or anger and that the use of corporal punishment by
teachers by slapping, jerking or pushing students and the like are forbidden.
The Magna Carta of Students provides that a student subject to disciplinary
proceedings shall be subjected to it with due process by them having the right to defend
themselves, to be heard and to present evidence on his/her behalf before an impartial
body. There shall also be a Student Disciplinary Board to be composed of one (1)
representative from the school administration, two (2) faculty members and two (2)
students to conduct investigations into and decide on cases of student violations of
disciplinary standards. Both the faculty and the student representatives shall be
endorsed by the student council/government.
The Magna Carta further provides for the following:
a) The decision in any disciplinary proceeding must be rendered on the basis of
relevant and substantial evidence presented at the hearing, or at the least contained in
the record and disclosed to the student affected.
b) The deciding body should, in all controversial questions, render its decision in
such a manner that the issues involved, and the reasons for any decision rendered are
made clear to the student.

c) Disciplinary sanction shall be corrective rather than punitive or penal in nature.

The gravity of disciplinary sanctions must be proportionate to the seriousness of the
violation committed.
d) The Office of the Guidance Counselor of the respective schools in consultation
with the Student Disciplinary Board shall publish on a periodic basis acts that are
deemed violative of the school rules and regulations and the corresponding disciplinary
sanctions. Provided, that such rules and regulations do not violate the rights guaranteed
herein and under the Constitution.

No person shall be deprived of life, liberty, or property without due process of

law, nor shall any person be denied the equal protection of the laws. 1
Our 1987 Constitution recognizes our right to due process as an individual. Let
us define what Due Process is the rule that a legal case must be done in a way
that protects the rights of all the people involved. 2 Another definition is they then
mean a course of legal proceedings according to those rules and principles which have
been established in our systems of jurisprudence for the enforcement and protection of
private rights. 3 With the definitions we have we can say that this right of due
process is essential in our daily life. It is important since due process gives the
accused the chance to be heard. Hence, our laws want justice to prevail.
Due process is also used in any institution; the most common is the
academe. Students need to be protected from the abuses the school
administrator might impose upon. Our law recognizes the right of the student to
due process. 4 Every student enrolled in a college or university authorized or
1 Art. 3 Sec. 1 of the 1987 Constitution
2 Merriam Webster Dictionary
3 Blacks Law Dictionary 4th Edition
4 DEPED Order No. 043-05, July 28, 2005 Art. 5 Sec. 7

recognized by the government shall enjoy: 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. 5 The state clearly recognizes the inherent
right of every student to due process even in the school premises. In Berina v.
Philippine Maritime Institute students met and took positive steps in respect of the
problem; that their representatives held dialogues with the school administration; "that,
in reaction to these legitimate student activities and without compliance with due
process respondents commencing on October 15, 1981 issued expulsion orders against
Jesus Soriao, Ernesto Roberto, and Babelo Berina and an indefinite suspension against
Marilou Elagdon;" that the penalties were imposed without due process and had the
effect of negating the petitioners' right to free speech, peaceful assembly and petition for
redress of grievances. The court held that expulsion and suspension orders there was
observance of due process which simply means that the petitioners should have been
given an opportunity to defend themselves. It was only after the petitioners had said in
their reply that the respondents failed to traverse the denial of due process that the
latter invoked the legal presumption "that the ordinary course of business has been
followed."6 Consequently it is important that before the school administrators
impose punishment upon their student minimum standards must be met: (1) the
students must be informed in writing of the nature and cause of any accusation
against them; (2) they shag 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 duly considered by the investigating

5 Executive Order no. 170, 1969

6 G.R. No. L-58610, September 30, 1982

committee or official designated by the school authorities to hear and decide the
case. 7
In the case of Secondary Schools, the executive departments continued
such mandate by issuing an order to create a Standard Constitution and By-Laws
of the Supreme Student Governments in Secondary Schools. To maintain its relevancy,
the Department of Education revised it in July 24, 2009. Subsequently, the same
department ordered a child protection policy wherein the due process in handling
bullying incidents is provided and the minimum requirements of due process is set forth,
to wit:
Section 12. Procedures in Handling Bullying Incidents in Schools. A complaint
for bullying or peer abuse shall be acted upon by the School Head following the
procedures herein set forth:
C. Procedure- In all cases where the imposable penalty on the offending child is
suspension, exclusion or expulsion, the following minimum requirement of due process
shall be complied with:
(1) The child and the parents or guardians must be informed of the complaint in writing;
(2) The child shall be given the opportunity to answer the complaint in writing, with the
assistance of the parents or guardian;
(3) The decision of the school head must be in writing, stating the facts and the reasons
for the decision;
(4) The decision of the school head may be appealed, as provided in existing
rules of the Department.8
However the procedure of due process of the students is more simplified
than that in the procedural due process in a court proceeding. Due process in
disciplinary cases involving students does not entail proceedings and hearings
7 G.R. No. L-68288, July 11, 1986
8 DEPED Order No. 040-12, May 14, 2012

similar to those prescribed for actions and proceedings in courts of justice. The
proceedings

in

student discipline

cases may be

summary;

and

cross-

examination is not, 'contrary to petitioners' view, an essential part thereof. 9 The

essence of due process is simply an opportunity to be heard, or as applied to
administrative

proceedings, an

opportunity to explain

ones side or an

opportunity to seek reconsideration of the action or ruling complained of. So

long as the party is given the opportunity to advocate her cause or defend her
interest in due course, it cannot be said that there was denial of due process. 10
It is always the right of the school to discipline students who does not
comply to the rules and regulations set by their administrators. Moreover, the
school must give also the students the opportunity to defend themselves and
their side to be heard before subjecting them to any sanctions. It is essential
that they be given chance to explain their side of the story for there is always
presumption of innocence before making judgement. What is important is the
fact that justice is served. The core of the due process clause given by the
constitution is to provide protection to those disadvantaged people.

9 Supra, at 6
10 De La Salle University Inc. v. CA, G.R. No. 127980, December 19, 2007