DRAFT OF SPEECH

(Greetings) Good evening your honors. I would be expounding

on two submissions:
1. that USB has the right to establish disciplinary rules
consistent with the constitutional mandate for schools to
teach discipline; and
2. that the student enters a contractual relationship with
the school upon enrolment and shall be bound by its
terms

On our first submission, we submit that USB has the right to

determine on academic grounds who shall be admitted to study,
who may teach, and what shall be the subjects of the study and
research in the institution. Corollary, USB also has the right to
establish disciplinary rules, which is consistent with the
Constitution and other statutes granting academic institutions the
right to impose disciplinary measures.

While it is true that education is a right guaranteed to all

persons, educational institutions enjoy academic freedom as
mandated by Section 5(2), Article XIV of the Constitution. A private
school has the right to determine its standards and values.

Pursuant to this right, Section 78 of the 1992 Manual of

Regulations of Regulations for Private Schools provides that 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.

In the case of Tangonan v. Paño, The court ruled that every

school has a right to determine who the students it should accept
for enrolment are. It must, therefore, have the right to exclude
anyone perceived to be either deficient regarding those standards
and values, or whose presence in the school might make the
upholding of those standards and values difficult. USB has a wide
sphere of autonomy in its the choice of students.
.
 On our second submission, it is a time-honored principle
that contracts are respected as the law between the contracting
parties. Upon enrolment, students and their school enter upon a
reciprocal contract. The students agree to abide by the standards of
academic performance and codes of conduct, issued usually in the
form of manuals that are distributed to the enrollees at the start of
the school term. Thus, it has consequences appurtenant to and
inherent in all contracts of such kind -- it gives rise to bilateral or
reciprocal rights and obligations. The school undertakes to provide
students with education sufficient to enable them to pursue higher
education or a profession. On the other hand, the students agree to
abide by the academic requirements of the school and to observe its
rules and regulations.

When a student commits a serious breach of discipline or fails

to maintain the required academic standard, he forfeits his
contractual right. Thus, they are afforded ample discretion to
formulate reasonable rules and regulations in the admission of
students, including setting of academic standards. Within the
parameters thereof, they are competent to determine who are
entitled to admission and re-admission.

Considering the foregoing, it can be concluded that the policy

of the school in denying graduation of pregnant student outside
wedlock is be considered valid. This is because private schools
enjoy certain autonomy. Discretion rests solely upon the school
whether it will allow a pregnant student to participate in graduation
ceremony or not. Noteworthy is the fact that over and above USB’s
responsibility to the student is the responsibility of USB to the
general public and the community. Thus, setting policies are
important in order to maintain and promote standards of quality for
learning and safety, as well as expectations and accountability.

FULL TEXT OF THIRD ARGUMENT

 (For reference)

3. THE USB HAS THE RIGHT TO ESTABLISH DISCIPLINARY

RULES WHICH IS CONSISTENT WITH THE MANDATE IN THE
CONSTITUTION FOR SCHOOLS TO TEACH DISCIPLINE AND TO
SUPPLEMENT THAT DUTY WITH RELIGIOUS BELIEF TO WHICH
THE CONSTITUTION RECOGNIZE AS AN ABSOLUTE RIGHT.

One of the issues plaguing the country to this date is the

increase in adolescent pregnancy. About 2 million babies are born
in the country annually, according to a 2015 Census data and the
Philippines now ranks 13th among countries with the biggest
population in the world, according to Popcom. Adolescent girls who
have early and unintended pregnancies face many social and
financial barriers to continuing with formal education. All girls have
a right to education regardless of their pregnancy, marital or
motherhood status. The right of pregnant—and sometimes
married—girls to continue their education has evoked emotionally
charged discussions across nations. These debates often focus on
arguments around “morality,” that pregnancy outside wedlock is
morally wrong, emanating from personal opinions and experiences,
and wide-ranging interpretations of religious teachings about sex
outside of marriage. The effect of this discourse is that pregnant
girls – and to a smaller extent, school boys who impregnate girls–
have faced all kinds of punishments, including practices that deny
girls the enjoyment of their right to education. In sum, it could be
said that education is regarded as a privilege that can be withdrawn
as a punishment.

In connection with this, the Constitution, as the highest law of

the land recognizes the right of schools to determine who to admit
through the promulgation of educational policies.

Sec. 5 (3) Every citizen has a right to select a profession

or course of study, subject to fair, reasonable, and equitable
admission and academic requirements.1

1
Article XIV, Section 5(3) of the 1987 Constitution
 Statutes promulgated by the Congress likewise supports this
pronouncement, to wit:

The right for institutions of higher learning to

determine on academic grounds who shall be admitted to
study, who may teach, and what shall be the subjects of the
study and research.2

In the same vein, Section 78 of the 1992 Manual of

Regulations of Regulations for Private Schools regarding the
Authority to Promulgate Disciplinary Rules provides that:

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
promulgation and notification to students in an appropriate
school issuance or publication.

The right to establish disciplinary rules is consistent with the

mandate in the Constitution for schools to teach discipline; in fact,
schools have the duty to develop discipline in students. Corollary,
the Court has always recognized the right of schools to impose
disciplinary sanctions on students who violate disciplinary rules.
The penalty for violations includes dismissal or exclusion from re-
enrollment.3

Institutional academic freedom is the freedom of the School to

determine for itself on academic grounds who may teach, what may
be taught, how it shall be taught, and who may be admitted to
study.4

2
Section 13(2) of B.P. Blg. 232
3
Go vs.Colegio De San Juan De Letran, et. al., G.R. No. 169391, October 10, 2012
4
Garcia vs. The Faculty Admission Committee, Loyola School of Theology, 68 SCRA 277, citing Justice Frankfurter's
concurring opinion in Sweezy v. New Hampshire, 354 US 234, 263 [1957]
 Equally mandated by Article XIV, Section 5(2) of the 1987
Constitution is that academic freedom shall be enjoyed in all
institutions of higher learning. Academic freedom of educational
institutions has been defined as the right of the school or college to
decide for itself, its aims and objectives, and how best to attain
them — free from outside coercion or interference save possibly
when the overriding public welfare calls for some restraint. It has a
wide sphere of autonomy certainly extending to the choice of
students. Said constitutional provision is not to be construed in a
niggardly manner or in a grudging fashion. That would be to
frustrate its purposes and nullify its intent.5

While it is true that an institution of learning has a

contractual obligation to afford its students a fair opportunity to
complete the course they seek to pursue6, since a contract creates
reciprocal rights and obligations, the obligation of the school to
educate a student would imply a corresponding obligation on the
part of the student to study and obey the rules and regulations of
the school.7 When a student commits a serious breach of discipline
or fails to maintain the required academic standard, he forfeits his
contractual right. In this connection, our Courts recognize the
expertise of educational institutions in the various fields of learning.
Thus, they are afforded ample discretion to formulate reasonable
rules and regulations in the admission of students8, including
setting of academic standards. Within the parameters thereof, they
are competent to determine who are entitled to admission and re-
admission.

The school-student relationship is also reciprocal. Thus, it has

consequences appurtenant to and inherent in all contracts of such
kind -- it gives rise to bilateral or reciprocal rights and obligations.
The school undertakes to provide students with education sufficient
to enable them to pursue higher education or a profession. On the
other hand, the students agree to abide by the academic
requirements of the school and to observe its rules and

5
Id.
6
Licup, et al. v. University of San Carlos (USC), et al. G.R. No. 85839. October 19, 1989
7
Alcuaz v. PSBA 161 SCRA 7, May 2, 1988
8
Yap Chin Fah, et al. v. Court of Appeals, et al., G.R. No. 90063, December 12, 1989
regulations.9

It is beyond dispute that a student once admitted by the

school is considered enrolled for one semester. It is provided in
Paragraph 137 Manual of Regulations for Private Schools, that
when a college student registers in a school, it is understood that
he is enrolling for the entire semester. Likewise, it is provided in the
Manual that the "written contracts" required for college teachers are
for "one semester." It is thus evident that after the close of the first
semester, the PSBA-QC no longer has any existing contract either
with the students or with the intervening teachers. Such being the
case, the charge of denial of due process is untenable. It is a time-
honored principle that contracts are respected as the law between
the contracting parties. The contract having been terminated, there is
no more contract to speak of. The school cannot be compelled to enter
into another contract with said students and teachers. "The courts,
be they the original trial court or the appellate court, have no power
to make contracts for the parties.10

An illustration on the right of a school to form policy as a

necessity is discussed in the case of Tangonan v. Paño et al., G.R.
No. L-45157, June 27, 1985, 137 SCRA 245. Every school has a
right to determine who the students it should accept for enrolment
are. It has the right to judge the fitness of students. This is
particularly true in the case of nursing students who perform
essential health services. Over and above its responsibility to
petitioner is the responsibility of the school to the general public
and the community. This Court took judicial notice that nursing
has become a popular course because of the great demand for
Filipino Nurses abroad, especially in the United States. It is
essential therefore that Nursing graduates who go abroad and
become in a sense our own ambassador should be highly qualified
to perform their tasks. This is the responsibility of our school and in
the discharge of thereof, the school certainly should be given the
greatest latitude in formulating their admission policies. While the

9
Philippine School of Business Administration v. CA, 205 SCRA 729, February 4, 1992; University of San Agustin v.
CA, 230 SCRA 761, March 7, 1994.
10
Henson vs. Intermediate Appellate Court, et al., G.R. No. 72456, February 19, 1987, citing: Castro vs. Court of
Appeals, 99 SCRA 722; Escano vs. Court of Appeals, 100 SCRA 197
petitioner in this case questions the findings of respondent school
as to her academic competence, the courts cannot find any legal
jurisdiction to interfere in the exercise of judgment of the school on
this matter.

Thus, policies are important because they help a school

establish rules and procedures and create standards of quality for
learning and safety, as well as expectations and accountability.
Policies establish rules and regulations to guide acceptable
behaviour and ensure that the school environment is safe for
students, teachers and school staff. Having these policies in place
means there are determined procedures for how school operations
are handled down to every detail, so that educators, staff and
students know what is expected and can act accordingly.

Considering the foregoing, it can be concluded that the policy

of the school in denying graduation of pregnant student outside
wedlock is be considered valid. This is because private schools
enjoy certain autonomy. Discretion rests solely upon the school
whether it will allow a pregnant student to participate in graduation
ceremony or not. More so, enrolment in a school means that there
is a signed contract between the student and the school to be
bound with the policies enforced by the school itself.