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Students Rights and Freedom of Expression

A Research Paper

Submitted to

Dean Ulpiano Sarmiento III

In Fulfillment

of the Final Requirements of the Subject

Legal Research and Legal Writing

by:

Macuat, John Lloyd (Team Captain)


Jarlos, Anglebert (Mad Man)
Carandang, Rica (Architect)
Pamis, Mary Margarette (Carpenter)
Bello, Nerissa (Judge)
Section 1- A

Students Rights and Freedom of Expression

In the 19th century, students were presumed to have few constitutional


rights of any kind. It has been a tradition for children to follow their parents,
and when they were sent to school, the authority of their parents is passed to
the teachers acting in loco parentis to the pupils In such case, the
students were forbidden to disobey teachers as well. Furthermore, the use
of corporal punishment became a tool in schools to instil discipline and to
assure that the students learn. However, this method received complaints
from Horace Mann, a noted school reformer of the mid-19 th century, stating
that there were 328 floggings in one school during the course of the week
(Gibson, 2003).

In 1960s to 1970s, assaults on the doctrine of in loco parentis


occurred and it was assumed that the interests of educational officials in
providing an educational environment conducive to teaching and learning
outweighed any right students might have to freedom of expression in that
setting. In addition, according to the research of Lori L. Gibson, there were
hundreds of cases by school children alleging violation of their constitutional
rights and at least 125 court decisions followed that precedent, repeatedly
overruling administrative censorship of student publications and other forms
of campus expression.

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;
_____________
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
_____________
without impairing his standing in the institution: Provided, that he does
not claimOrder
Executive to represent that Sec.
No. 170, s. 1969, institution.
2

Another Executive Order, by President Ferdinand Marcos during his term,


was promulgated to provide the Manual of Student Rights and
Responsibilities. In Section 1 of Executive Order No. 200 providing the
Student Rights states that every student enrolled in a post-secondary course
in a college or university authorized or recognized by the government shall,
among other things, enjoy the right to organize a free student government
that can administer, legislate and adjudicate within its approved
constitutional jurisdiction; also, the student has the right to be represented
on all policy-determining bodies of the educational institution, through the
duly authorized student government representative, whenever policies
relating to curriculum, student discipline and the use or collection of student
fees, funds and contributions are considered for adoption or amendment.
This right shall be exercised by participation in the discussion and by voting
subject to the provisions of law; and every student has 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.
Establishing student rights and defining their responsibilities are necessary
for the attainment of academic development and intelligent social
participation to promote rapport between school authorities and students.

Furthermore, the Rights of a Child are provided in Presidential Decree No.


603, s. 1974, Art. 3 that give importance to the dignity and worth of a human
being. This statute desires to provide education to a handicapped child and
show that physical or mental defect is not a hindrance for a child to receive
proper education. Paragraph 3 states that the physically or mentally
handicapped child shall be given the treatment, education and care required
by his particular condition. Also, this Presidential Decree states that Every
child has the right to an education commensurate with his abilities and to
the development of his skills for the improvement of his capacity for service
to himself and to his fellowmen. Paragraph 8 provides that Every child has
the right to protection against exploitation, improper influences, hazards, and
other conditions or circumstances prejudicial to his physical, mental,
emotional, social and moral development. Thus, the goal of educational
institutions must be according to the development and improvement of the
child and not the impalement of unlawful way to instil discipline upon them.
Every child has the right to grow up as a free individual, in an atmosphere of
peace, understanding, tolerance, and universal brotherhood, and with the
determination to contribute his share in the building of a better world, as
provided in the last paragraph of this statute.

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:

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


quality education in line with national goals and conducive to their full
development as person with human dignity.
2. The right to freely chose their field of study subject to existing curricula
and to continue their course therein up to graduation, except in cases of
academic deficiency, or violation of disciplinary regulations.
3. The right to school guidance and counseling services for decisions and
selecting the alternatives in fields of work suited to his potentialities.
4. The right of 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
Executive Order No. 200, s. 1969, Sec.1
within thirty days from request.
Presidential Decree No. 603, s. 1974, Art.3
6. The
Batasright to publish
Pambansa Blg. 232,aSec.9
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
channels 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 he organizations or societies.
Like what the Presidential Decree No. 603, s. 1974, Art. 3, Paragraph 3
states regarding the availability of education to handicapped children,
Republic Act No. 7277 Sec. 12 and 13 also provide the access to quality
education and assistance to disabled persons. Section 12 explains that the
State shall ensure that disabled persons are provided with access to quality
education and ample opportunities to develop their skills. It shall take
appropriate steps to make such education accessible to all disabled persons.
It shall be unlawful for any learning institution to deny a disabled person
admission to any course it offers by reason of handicap or disability. The
State shall take into consideration the special requirements of disabled
persons in the formulation of educational policies and programs. It shall
encourage learning institutions to take into account the special needs of
disabled persons with respect to the use of school facilities, class schedules,
physical education requirements, and other pertinent consideration. The
State shall also promote the provision by learning institutions, especially
higher learning institutions of auxiliary services that will facilitate the
learning process for disabled persons. Section 13 also explains that the State
shall provide financial assistance to economically marginalized but deserving
disabled students pursuing post secondary or tertiary education. Such
assistance may be in the form of scholarship grants, student loan programs,
subsidies, and other incentives to qualified disabled students in both public
and private schools. At least five percent (5%) of the allocation for the
Private Education Student Financial Assistance Program created by virtue of
R.A. 6725 shall be set aside for disabled students pursuing vocational or
technical and degree courses.
Several rights, as well as privileges such as scholarship grants, are
given to students to protect them with their education. However, students
have to undergo examinations and interview before they can enter the school
that they wanted. When the student successfully finished the course and has
to undergo a professional licensing exam, he is given the right to enroll in
review centers of his choice. Senate and House of Representative of the
Philippines in Congress assembled an act known as the Protection of
Students Right to Enroll in Review Centers Act of 2013 An act protecting
the right of students enrolled in courses requiring professional licensing
examinations to enrol in review centers of their choice and providing
penalties for violations thereof. This act covers all public and private HEIs,
including local colleges and universities, offering courses that require
professional licensure examinations. Furthermore, Sec 2 of this act states
that it is the declared policy of the State to promote and protect the right to
education as enshrined in the Philippine Constitution. While the State
recognizes
_____________ the complementary roles of public and private institutions in the
enhancement and strengthening of the educational system, it is also the
Republic Act No. 7277, Sec.12, Sec.13
responsibility of the State to ensure the protection of students against
Republic Act No. 10609 - Protection of Students Right to Enroll in Review Centers Act of
possible
2013 abuses by Higher Educational Institutions (HEIs) in relation to the
right of students to choose their review centers. In recognition of the
students freedom to choose his/her review center, the following acts by HEIs
shall be considered unlawful as provided by Section 4 of this Act: Compelling
students enrolled in courses requiring professional examinations to take
review classes, which are not part of the curriculum, in a review center of
the HEIs choice; making such review classes a prerequisite for graduation or
completion of the course; forcing students to enroll in a review center of the
schools choice, and to pay the corresponding fees that include
transportation and board and lodging; and withholding the transcript of
scholastic records, diploma, certification or any essential document of the
student to be used in support of the application for the professional licensure
examinations so as to compel the students to attend in a review center of
the HEIs choice. Furthermore, violating this act results to these penalties as
provided by Section 5 of the Act: Any HEI official or employee, including
deans, coordinators, advisers, professors and other concerned individuals
found guilty of violating any of the unlawful acts enumerated in Section 4 of
this Act shall suffer the penalty prision correccional or imprisonment from
six (6) months and one (1) day to six (6) years and a fine of Seven hundred
fifty thousand pesos (P750,000.00). He/She shall also be suspended from
his/her office and his/her professional license revoked. In addition, the
Commission on Higher Education (CHED) may impose disciplinary sanctions
against an HEI official or employee violating this Act pursuant to Section 13
of Republic Act No. 7722, otherwise known as the Higher Education
Modernization Act of 1994.
The Commission on Higher Education (CHED) provided the regulations
for Student Admission. In Article XVIII of CHED M.O. No. 40, it is stated that a
student who has graduated from the secondary level of education from the
Department of Education or who has qualified in the Philippine Educational
Placement Test may be eligible for admission to any degree program. The
admission to any higher education institution is open to all students who are
not disqualified by law or by the policies and rules of the Commission or the
higher education institution. Except in the cases of academic delinquency;
violation of rules and regulations of the institution; failure to settle due
tuition and other school fees, and other obligations; sickness or disease that
would prevent the student to handle the normal pressures of school work or
his continued presence thereat would be deleterious to other members of the
academic community; and, the closure of a program by the institution, or the
closure of the institution itself, a student who qualifies for enrolment shall
qualify to stay for the entire period for which he is expected to complete his
program of study in the institution, without prejudice to his right to transfer
to institutions within the prescribed period.

Moreover, the Department of Education issued orders with


regards to the Involvement of Alien/Foreign Students in Mass Actions
and Student Organizations, the Participation of Students in Partisan
Political Activities, Creation of the Department of Education Media
Literacy Task Force, and the Protection of Religious Rights of Students.
The following are some of the orders issued by the Department of
Education:
DO 29, s. 1991 or Regulating the Involvement of Alien/Foreign
Students in Mass Actions and Student Organizations states that it is
the policy of the State to regulate the entry and stay of foreign
students in the Philippines in the interest of national security. The
DECS is cognizant of its duty to promote, enhance, and ensure the
maintenance of a safe and orderly environment in schools conductive
to effective teaching and learning. The DECS, likewise, recognizes the
dual responsibility of educational institutions to provide opportunities
to students for learning and to help them grow and develop into
mature, responsible, and worthy citizens, as well as to allow the free
discussion of ideas, and the exercise of free speech.
DO 57, s. 2005 - On the Participation of Students in Partisan Political
Activities states that School administrators and teachers from both the
public and private schools are called to be steadfast in the performance of
their duty to deliver quality education to their students. They must protect
education
_____________ from the destructive partisan politics and stay away from partisan

CHED M.O. No. 40, Art. XVIII


D.O. 29, s. 1991
D.O. 57, s. 2005
political activities that disrupt classes or endanger the safety of students
and teachers. This is not to curtail the exercise of the freedom of expression.
Academic discussion of current national issues is encouraged as long as it is
done within the confines of the classroom. Partisan political rallies are not
the proper means for objectively learning the issues as these activities
expose elementary and high school students to unnecessary danger and risk.
Therefore, school administrators urged to avoid the participation of
elementary and high school students in partisan political activities during
class hours so as not to disrupt classes.

DO 06, s. 2010 - Creation of the Department of Education Media


Literacy Task Force (DepEd-MLTF) states that the media is a powerful tool for
children to get entertained and acquire knowledge and information. Likewise,
it is also an effective avenue for children to express their ideas and opinions.
Media refers to both digital and non-digital forms which include radio,
television, film and video billboards, internet, and all its permutations. This
order also provides that the Department of Education Media Literacy Task
Force shall formulate the policies or standards in the use of media in public
schools: the integration of National Media Literacy Education (NMLE) in the
Basic Education Curriculum (BEC), forging partnership/working linkages with
various media industries, and other public or private media related
organizations; the development and production of media learning resources;
and the evaluation/selection of media learning resources for use in public
schools.

DO 32, s. 2013 - Reiterating DECS Order No. 53, s. 2001 (Strengthening


the Protection of Religious Rights of Students) states that female Muslim
students should be allowed to use their veil or headdress (hijab) inside the
school campus; shall be allowed to wear appropriate clothing in accordance
with their religious beliefs during their Physical Education (PE) classes; and
Muslim students shall not be required to participate in non-Muslim religious
rites.

Likewise, as part of the freedom of speech of the students, educational


institutions have their own school newspaper publications circulating within
the campus wherein the editors, writers, and photographers are students. It
is provided in Republic Act No. 7079 or the Campus Journalism Act of 1991
that it has been declared a State policy to uphold and protect the freedom of
the press even at the campus level and to promote the development of
values, encouraging critical and creative thinking, and developing moral
character and personal discipline of the Filipino youth. In furtherance of this
policy, the State shall undertake various programs and projects aimed at
improving the journalistic skills of students concerned and promoting
responsible and free journalism. It is, therefore, the duty of all officials of
the Department of Education, Culture and Sports (DECS),
school/college/university heads, campus paper teacher-advisers, and

_____________

D.O. 06, s. 2010


D.O. 32, s. 2013
IRR of R.A. No. 7079
personnel involved in the campus journalism program in the elementary,
secondary and tertiary levels of education to support and promote the
campus journalism program, policies and objectives as under Republic Act
No. 7079 and existing laws embodied as principles in the Constitution. Rule
IV, Section 1 of this act states that All educational institutions on the
elementary, secondary and tertiary levels, public or private, shall be
encouraged to establish a student publication. Moreover, student
publications shall be utilized to train interested students in the application of
the communication arts in journalism; the basic mechanism and technical
skills in journalism; the responsibilities and privileges in journalism in
relation with the contents of articles to be published; the use of the student
publication in support of the educational development of the learner/student,
the school, the community and the country; train interested students in the
application of the art and science of journalism for technological
advancement; develop intelligent and responsible student leadership and
good citizenship in a free and democratic society; serve as a channel for
unifying all members of the school and the community towards desirable
educational and cultural development objectives; serve as a pool of all
learning experiences of student journalists; advocate social consciousness
and uphold the interests of the Filipino people; and advance students rights
and responsibilities as well as promote their general welfare.

In addition, the Senate and the House of Representatives enacted the


Governance of Basic Education Act of 2001 an act instituting a framework
of governance for basic education, establishing authority and accountability,
renaming the Department of Education, Culture and Sports as the
Department of Education, and for other purposes. It is hereby declared the
policy of the State to protect and promote the right of all citizens to quality
basic education and to make such education accessible to all by providing all
Filipino children a free and compulsory education in the elementary level and
free education in the high school level. Such education shall also include
alternative learning systems for out-of-school youth and adult learners. It
shall be the goal of basic education to provide them with the skills,
knowledge and values they need to become caring, self-reliant, productive
and patriotic citizens. The State shall encourage local initiatives for
improving the quality of basic education. The State shall ensure that the
values, needs and aspirations of a school community are reflected in the
program of education for the children, out-of-school youth and adult learners.
Schools and learning centers shall be empowered to make decisions on what
is best for the learners they serve. Sec. 6 of this Act which talks about the
Governance states that the Department of Education, Culture and Sports
shall henceforth be called the Department of Education. It shall be vested
with authority, accountability and responsibility for ensuring access to,
promoting equity in, and improving the quality of basic education. The
Secretary of Education shall be accountable and responsible in the national
level for formulating national educational policies; formulating a national
basic education plan; promulgating national educational standards;
monitoring and assessing national learning outcomes; undertaking national
educational research and studies; enhancing the employment status,
professional competence, welfare and working conditions of all personnel of
the Department; and enhancing the total development of learners through
local and national programs and/or projects. Also, this act provides that the
Secretary of Education shall create a promotions board, at the appropriate
levels, which shall formulate and implement a system of promotion for
schools division supervisors, schools district supervisors, and school heads.
Promotion of school heads shall be based on educational qualification, merit
and performance rather than on the number of teachers/learning facilitators
and learners in the school.

Moreover, to protect the students from being bullied and to restrict


them from bullying, the State enacted the Republic Act No. 10627 or the
Implementing Rules and Regulations of the Anti-Bullying Act of 2013 that
cover all public and private kindergarten, elementary and secondary schools
and learning centers. But before going to the rules, lets define first Bullying
as provided in this act. Bullying refers to any severe, or repeated use by one
or more students of a written, verbal or electronic expression, or a physical
act or gesture, or any combination thereof, directed at another student that
has the effect of actually causing or placing the latter in reasonable fear of
physical or emotional harm or damage to his property; creating a hostile
environment at school for the other student; infringing on the rights of
another student at school; or materially and substantially disrupting the
education process or the orderly operation of a school; such as, but not
limited to any unwanted physical contact between the bully and the victim
like punching, pushing, shoving, kicking, slapping, tickling, headlocks,
inflicting school pranks, teasing, fighting and the use of available objects as
weapons; any act that causes damage to a victims psyche and/or emotional
well-being; any slanderous statement or accusation that causes the victim
undue emotional distress like directing foul language or profanity at the
target, name-calling, tormenting and commenting negatively on victims
looks, clothes and body. Section 4 of the Anti-Bullying Policies states that
All public and private kindergarten, elementary and secondary schools shall
_____________
adopt policies to address the existence of bullying in their respective
IRR of R.A.
institutions. SuchNo. 9155
policies shall be regularly updated and, at a minimum,
IRR of R.A. No. 10627
shall include provisions on prohibited acts, prevention and intervention
programs, mechanisms and procedures. Furthermore, acts that are
prohibited include bullying at school grounds, property immediately adjacent
to school grounds, school-sponsored or school-related activities, functions or
programs whether on or off school grounds, school bus stops, school buses or
other vehicles owned, leased or used by a school, and school buses or school
services privately-owned but accredited by the school. It also includes
bullying through the use of technology or an electronic device or other forms
of media owned, leased or used by a school, and bullying at a location,
activity, function or program that is not school-related and through the use of
technology or an electronic device or other forms of media that is not owned,
leased or used by a school; and Retaliation against a person who reports
bullying, who provides information during an investigation of bullying, or who
is a witness to or has reliable information about bullying. Students are
required to participate and cooperate in all prevention, intervention and other
measures related to bullying implemented by the school; avoid or refrain from
any act of bullying; intervene to protect the victim, unless it will jeopardize
his safety and security; and report to school authorities any incident of
bullying.
All rules and regulations stated above are implemented locally or in the
Philippines. Meanwhile, for the foreign implementing rules and regulations,
Tucson United School District (TUSD)s 2016-2017 guidelines for students
rights and responsibilities and Californias State Universitys Students Rights
and Responsibilities can be used as reference. In Tucson United School
Districts Guidelines for Students Rights and Responsibilities, students,
parents, teachers, staff, and principals share the responsibility in creating
and sustaining an environment that enhances student achievement and well
being in the institution. It addresses the rights and responsibilities of
students and parents, conduct which may require discipline, responsibilities
of administrators and teachers to implement discipline, which includes
behavioural supports and interventions that promote safety and support
student success, and administrative responsibilities for due process.
The school policy states that the students have a right to learn in a
safe, clean, orderly and positive climate one that is unbiased,
nonjudgmental, and free from prejudice, discrimination, verbal or physical
threats and abuse. Students have the right to receive high quality instruction
that is comprehensible and appropriate to their level of academic and
linguistic development and be expected to achieve at high levels. They have
the right to be taught in ways that are responsive to students individual
needs, and respond to students individual racial, ethnic, linguistic and
cultural backgrounds. It also states that students have the right to receive
appropriate accommodations to meet individual needs and express their
ideas and perspectives on issues and topics relevant to their education,
including school policies and procedures. They can participate in student
activities, including extracurricular activities. They have to be treated with
respect, and to be treated as a unique individual with differing needs,
learning styles and abilities in a manner that encourages and enhances
individual self-esteem, and be treated in a fair and equitable manner by
teachers and administrators. They also have the right of privacy, due process
of law, and have school rules that are enforced in a consistent, fair and
reasonable manner. They are also free to request an interpreter or translator
at any step of the disciplinary process. They can be free from retaliation,
from fear of retaliation, and from sex discrimination and sexual harassment
at school, including dating abuse.
Moreover, students have the right to receive fair, equitable, and non-
discriminatory disciplinary actions. Several rights are provided to the
students of Tucson United School District. However, these rights are
accompanied with responsibilities such as: to attend school daily according
to school district adopted calendar, arrive on time, bring appropriate
materials, and be prepared to participate in class and complete assignments;
strive for academic growth and to strive for their personal best; participate
fully in the classroom, curriculum and learning process during the entire
class period; make positive contributions to an environment that allows
fellow students to have equal access to educational opportunities; make
positive contributions to an environment that allows fellow students to be
free from discrimination, harassment, hazing and bullying; make up work
_____________
resulting from an absence; respect the rights, feelings, and property of fellow
Tucson United School District (2016 2017 Guidelines for Student Rights and
students, parents, school staff, visitors, guests, and school neighbours;
Responsibilities)
conduct themselves in an appropriate and respectful manner while on school
grounds, school buses, at bus stops, at any school-related activity, and in the
classroom, so as not to interfere with the rights of another student to learn
and to contribute to a safe and orderly environment that is conducive to
learning; display behavior that does not compromise the safety of other
students and/or staff; follow discipline guidelines adopted by the school and
district; protect and take care of the schools property; abide by the
governing board policies and regulations; and assist the school staff in
running a safe school, and to help maintain the safety and cleanliness of the
school environment.
In line with this, the Student Rights and Responsibilities of California
State University seeks to create the optimum climate for academic
excellence for both students and faculty. For them, students must have the
opportunity to develop an understanding of their roles as citizens in a
democracy and maximize the opportunity for self-control and self-discipline.
They are expected to conduct themselves in a manner compatible with the
laws of federal, state and local governments, and in manners consistent with
stated purposes of the University. The policies respect the student and
provide for a due process to resolve behaviour and grievance issues.
In fact several articles regarding the rights and freedom of speech have
been published. One of these articles is the Students pan Martial Law rules
published by the Taipei Times, where student-rights advocates in Taipei
rallied to call for a repeal of school rules that restrict students ability to
organize and participate in demonstrations, as more than half of the nations
universities have such rules. The article states that 85 out of the countrys
149 universities still have school rules banning students from organizing or
taking part in demonstrations this is clearly unconstitutional, as it strips
students of the right to assemble and freedom of expression as protected by
the Constitution. The minister met with the students at the rally, at their
request. He expressed his support of the students calls and promised to
push for a reform of school rules. Chiang Wei-ling believes that school rules
should be reformed to be more liberal and that the school rules concerning
freedom of expression should be in accordance with the Constitution. He
also said that the ministry had sent out official letters to universities to
thoroughly review the rules to see if they are constitutional.
If we ask the question whether the students still have free speech in
school, we can attach to it the access of technology by the youth. Social
media has eroded young peoples privacy and advocates are trying to win it
back. (Wheeler, 2014). TinkerTinker v. Des Moines, a foreign
of
jurisprudence, said that the digital age, with its wonderful capacity to
democratize speech, is so important to students rights, but also carries new
and interesting threats to students rights. There are several instances
where schools punish their students for innocuous online activity. For
instance, when a Minnesota student posted on Facebook in 2012 saying a hall
monitor was mean to her, she was forced to turn over her Facebook
password to school administrators in the presence of sheriffs deputy and
made an out-of-court settlement. In another case, a high school class
president who posted on Twitter making fun of his schools football team got
suspended. Also, when a student in Kansas tweeted something that made
their principal uncomfortable, such student got suspended too.
Furthermore, Tinker says that the students of this generation express
themselves using creative methods including online speech. Hence, Supreme
Court warned schools that they could not forbid student expression simply
because they wanted to avoid controversy.
In relation to this, an article entitled, Campus freedom: Are handbooks
violating constitutional rights? student handbooks and manuals that govern
student discipline inside schools were investigated. Due to this, Kabataan
Partylist Rep. Terry Ridon filed House Resolution No. 1005 to direct the CHTE
to conduct an inquiry, in aid of legislation, on existing student handbooks,
student manuals, and other rules and regulations governing student
discipline including Article XXI of CHED Memorandum Order No 40, series of
2008 or the Manual of Regulation for Private Higher Education Institutions,
_____________
and Section 22 of CHED Memorandum Order No. 9, series of 2013 or the
Enhanced Policies
California and Guidelines
State University: on Student
Students Rights Affairs and Services for
and Responsibilities
Students
possibly pan Martial
violating Law rules by Taipei Times, 2012rights
constitutionally-guaranteed on organization,
Do students still have free speech in school? by David R. Wheeler, April 2014
peaceable assembly, free speech and expression. It was also provided in
Campus Freedom: Are handbooks violating Constitutional Rights?
some jurisprudence that students do not shed their constitutional rights to
freedom of speech or expression at the schoolhouse gate. Just as any citizen
of the Philippines is accorded the constitutionally-guaranteed freedom of
speech and expression, students are also entitled to such, and are therefore
in liberty to express their views, thoughts and opinions in gatherings, rallies,
and other similar protest actions inside or outside school premises. Our
justices struck down some oppressive school policies that restrain the
freedom of peaceable assembly, expression, and speech of the students.
Moreover, these are the examples of possible violations of constitutional
rights contained in handbooks of some schools as provided by the Kabataan
Partylist:

Contentious provision in Student


School Penalty
Handbook

4.2.1. Slanderous or libellous posting of


message or printed words, pictures, or
any form (e.g. Social Media) other than
by spoken words or gestures Ranging from
1. Colegio de three-day
San Juan de suspension to
Letran 4.2.27. Instigating any activity leading to maximum penalty
stoppage of classes, preventing of dismissal.
students or faculty members or school
authorities from attending classes or
entering school premises

Sec. 5.3.1.4. Deliberate disruption of the


academic functions or a school activity
that tends to create disorder, tumult,
breach of peace or serious disturbance
not necessarily connected with any
academic function or school activity
Ranging from
Sec. 5.3.1.9. Gross acts of disrespect in probation,
words or in deed that tend to put the suspension, to
2. De La Salle
University or any administrator, faculty expulsion as
University
member, co-academic personnel, determined by the
security guard, maintenance personnel, Student Discipline
student and visitor in ridicule or Formation Board
contempt

5.5.5. Illegal demonstration includes a


public show of feeling or opinion as by a
mass meeting or parade accompanied
by force, coercion or violence

3. De La Salle Under Serious Offenses-Acts of gross For serious


Araneta disrespect in words or in deed, which offenses,
University tend to insult or subjects to public suspension from
ridicule or contempt any member of the four to ten days
faculty, administration or support staff,
other students and visitors

_____________

Campus Freedom: Are handbooks violating Constitutional Rights?


Under Grave Offenses-Acts that malign
the good name and reputation of the
school and its duly constituted
authorities such as the malicious
imputation of a crime, vice, or of any
act, omission, condition status or
circumstance tending to discredit or
cause dishonor and contempt to the
good name and reputation of the For grave
university-Staging rally or mass action offenses,
inside the campus without a permit- suspension from
Initiating walk-out from the classes one semester to
exclusion/expulsio
-Acts of subversion or insurgency n
including membership in any subversive
organization working for the violent
overthrow of the duly constituted
government or in any illegal or immoral
organization formed or established for
the purpose and or propagating and/or
engaging in unlawful and immoral acts
and beliefs.

Section 3. Students shall not bring into


the University objects, videos, films,
pictures, or literatures which are
morally offensive or subversive of the
national interest

Section 8. Students shall at all times be


respectful and proper in their conduct.
They shall refrain from using language
and/or committing acts in any form or
medium, such as but not limited to
Ranging from
social media, that are disrespectful,
suspension to
vulgar or indecent, scandalous, or which
4. Far Eastern expulsion as
in any manner may cause anguish or
University determined by the
tend to disturb or tarnish the good
Student Discipline
reputation and integrity of the University
office
and its stakeholders

Section 13. Students shall not form and


maintain any unauthorized barricade,
make or maintain any form of
obstruction to any entrance to or exit
from the University campus or prevent,
coerce or threaten any other student,
faculty member, official or personnel of
the University from entering into or
going out of the campus.
7. Instigating, inciting, provoking,
leading or taking part (actively or
passively) in illegal and/or violent
5. Lyceum of demonstrations or activities
the Philippines Exclusion
University 9. Recruitment/membership in a
fraternity/sorority or any student
organisation not recognized by the
Lyceum of the Philippines University

e. Deliberate disruption of an academic


function or school activity which tends
to create disorder, tumult, breach of
peace or serious disturbance not
necessarily connected with the function
or activity

j. Gross acts of disrespect in words or in


deed that tend to put the University or
any administrator, member of the
faculty, co-academic personnel, security Ranging from
guards, maintenance personnel, probation/written
6. National students, and visitors in ridicule or reprimand to
University contempt suspension, and
dismissal.
n. Acts that bring the name of the
University into disrepute such as public
and malicious imputation of a crime, or
_____________
of a vice or defect, real or imaginary, or
anyAre
Campus Freedom: act, omission,
handbooks condition,
violating statusRights?
Constitutional or
circumstance, tending to cause
dishonour, discredit or contempt to the
name of the University

s. Acts of subversion or insurgency

7. San Beda 4. Possession or distribution of Disciplinary


College publications/e-publications, manuscript probation for one
or other materials considered semester and
subversive as interpreted according to automatic
the existing laws suspension for
the rest of the
semester.
13. Membership in any unauthorized
organization such as fraternities and all
other groups/organizations, the purposes
of which are to use violence or
subversion, or which employs as part of
Expulsion with
any of its ceremonies, rituals or
dishonorable
practices, hazing or any act that results
dismissal.
in injury to any person, through
intimidation, coercion, extortion and any
act that tends to injure, degrade, or
humiliate any fellow student or an
outsider even in mere conspiracy

25. Engaging in any strike, disorderly


picket, or demonstration as a means of
first resort against the school or any of
its departments; boycotting classes or Expulsion with
entities, either directly or indirectly by dishonorable
oneself or through others; preventing dismissal.
students from attending classes and
inciting them to violate school
regulations

Moreover, if we ask when administrators in public secondary schools


and colleges may restrict the speech of students, we can rely on the rulings
of the Court in the case of Tinker, Hazelwood, and Bethel. In the case of
Tinker v. Des Moines, the Court ruled that the symbolic speech, closely akin
to pure speech, could only be prohibited by school administrators if they
could show that it would cause a substantial disruption of the schools
educational mission. In Bethel and Hazelwood cases, the Court expressed
the view that administrators ought to have the discretion to punish student
speech that violates school rules and has the tendency to interfere with
legitimate educational and disciplinary objectives. Thus, the freedom of
speech of students is not absolute because they still have to be vigilant to
avoid any violation.

In another article, entitled as Students' rights bill pending in Congress


'since Lagman's hair was still black, it was stated that in the 15th Congress,
Akbayan Representative Walden Bello, along with co-authors Akbayan
Representative Kaka Bag-ao, Quezon Representative Erin Tanada, Cebu
_____________
Representative Gabriel Quisumbing, and Diwa Representative Emmeline
Aglipay, has been
Campus pushing
Freedom: for their
Are handbooks version
violating of the bill,Rights?
Constitutional titled An Act Providing
for a National Policy
Free Speech Rights on Students
of Students: Rights
When and Welfare.
may Administrators According
in Public to Walden
Secondary
Schools and Colleges restrict the free speech of Student?
Bello, it would enable students to participate more fully in the way their
schools were run. The purpose of the Students Rights and Welfare Bill is
really to institutionalize the participation of students in educational
governance, This would eventually lead to quality education for everybody
and the better good of students. It would put a stop to arbitrary tuition
increases, for example. Schools rules and regulations would also be crafted
with students participation. (Aquino, 2012).

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.

Furthermore, with regard to foreign policies, the Office of the High


Commissioner of United Nations on Human Rights provided the International
Covenant on Economic, Social and Cultural Rights, and as stated in Article
13, First, the States Parties to the present Covenant recognize the right of
everyone to education. They agree that education shall be directed to the full
development of the human personality and the sense of its dignity, and shall
strengthen the respect for human rights and fundamental freedoms. They
further agree that education shall enable all persons to participate
effectively in a free society, promote understanding, tolerance and friendship
among all nations and all racial, ethnic or religious groups, and further the
activities of the United Nations for the maintenance of peace. Second, the
States Parties to the present Covenant recognize that, with a view to
achieving the full realization of this right:

a. Primary education shall be compulsory and available free to all;

b. Secondary education in its different forms, including technical


and vocational secondary education, shall be made generally
available and accessible to all by every appropriate means, and
in particular by the progressive introduction of free education;
c. Higher education shall be made equally accessible to all, on the
basis of capacity, by every appropriate means, and in particular
by the progressive introduction of free education;

d. Fundamental education shall be encouraged or intensified as far


as possible for those persons who have not received or
completed the whole period of their primary education;

e. The development of a system of schools at all levels shall be


actively pursued, an adequate fellowship system shall be
established, and the material conditions of teaching staff shall be
continuously improved.
_____________
Third, the State Parties to the present Covenant undertake to have
Students
respect for therights ill-pending
liberty in Congress
of parents and,since Lagmans
when hair was legal
applicable, still black
guardians to
- by Tricia Aquino, 2012 (Interaksyon)
choose for their children schools, other than those established by the public
Magna Carta for Students Pushed
authorities, which conform
Intl Convention to Social
on Economic, such and
minimum
Cultural educational
Rights, Art. 13 standards as may
be laid down or approved by the State and to ensure the religious and moral
education of their children in conformity with their own convictions.

In addition to that, the International Covenant on Civil and Political


Rights adopted by the General Assembly of the United Nations on 19
December 1966 also gives importance to the freedom of expression of the
people. In Article 19 of this treaty, it is provided that everyone shall have the
right to hold opinions without interference; and that everyone shall have the
right to freedom of expression. This right shall include freedom to seek,
receive and impart information and ideas of all kinds, regardless of frontiers,
either orally, in writing or in print, in the form of art, or through any other
media of his choice. The treaty also states that the exercise of the rights
provided in the previous circumstance carries with its special duties and
responsibilities. It may therefore be subject to certain restrictions, but these
shall only be such as are provided by law and are necessary for respect of
the rights or reputations of others and for the protection of national security
or of public order, or of public health or morals.

With regards to the speech rights of students in public schools,


according to the Rutherford Institute, the Supreme Court has emphatically
ruled that the Constitution guarantees each students freedom of speech and
expression in the public schools since it serves as a marketplace of ideas
and are responsible for teaching students how to be productive citizens who
appreciate constitutional freedoms. However, it has permitted more
restrictions on student speech where it may be suspended if it is materially
and substantially interferes with the requirement of appropriate discipline in
the operation of the schools; if it invades or collides with the rights of others;
if it is vulgar, lewd, obscene, or plainly offensive; or if it is school-sponsored.
As well as with free speech rights in any context, school officials may impose
reasonable time, place and manner restrictions on student speech.
According to Schools, Courts, and Students Freedom of Expression
journal by Roosevelt Ratliff, it was in the late 1960s and 1970s when the
epochal turning point in the quest by public schools students for their
constitutional rights happened. Many judicial decisions on the
constitutional rights of students alerted school people that they were no
longer to treat students as wards bereft of rights save those that they
exercised vicariously through adults. Generally, when the courts have found
school regulations unreasonable, arbitrary, broad, or ambiguous or the
actions of school authorities immoderate, they have supported students. On
the contrary, when the actions of students materially or substantially
inferred with the educational process, courts have sustained school
regulations and upheld school authorities.

Several rights and freedom of expression are provided to students in


different parts of the world. Another example of rights in a foreign state is
the Students Rights Charter in Europe. It includes those rights and freedoms
which members of the European student Union are lobbying for in their own
countries. Furthermore, these are the following rights included in the charter:

Access to Higher Education


1. Everyone has the right to an inclusive, high quality education free of
charge.
2. Everyone has the right to access correct information, in a transparent
manner, on the content, outcome and requirements of an educational
programme.
3. Everyone has the right to free access to adequate means of support in
order to take up, progress through and complete their educational
programme.
4. All students have the right to an education that is inclusive.
5. All students have the right to have their backgrounds and experiences
recognised
_____________ as an important part of educational quality and to be able
to make use of them.
Intl Covenant on Civil and Political Rights adopted by the General Assembly
6. All students
of the haveonthe
United Nations right
Dec 19, toArt.
1966, an19education imbued with different
Students Free Speech Rights in Public Schools by Rutherford Institute
equality perspectives that improve the quality of education.
School, Courts, and Students Freedom of Expression by Roosevelt Ratliff
Students Rights in Europe
7. All students have the right to progress between cycles.
8. Everyone has the right to adequate counselling about their options
before they choose a study programme.
9. All students have the right to apply to any institution without
administrative, financial or physical restrictions.

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.

Extracurricular Aspect of Study


1. All students have the right to adequate counselling and support on
their wellbeing; on how to successfully complete their education; and
on how to prepare themselves for integration into the labour market.
2. All students have the right to adequate social support that meets their
needs on an individual basis.
3. All students have the right to financial independence.
4. All students have the right to a free and fair appeal against any act
which they feel to be discriminatory.
5. All students have the right to a space for social interaction.
6. All students have the right to specific social support related to their
educational mobility.

Curricular Aspect of Study


1. All students have the right to be evaluated or graded solely on
academic performance including extra-curricular activities which are
specifically counted as part of their academic programme.
2. All students have the right to a free and fair appeal against any
decision related to their studies.
3. All students have the right to a flexible study program.
4. All students have the right to teaching and learning environments that
support and encourage the development of autonomous learning,
critical thinking and personal growth.
5. All students have the right to teaching and evaluation methods suitable
to their mode of education.
6. All students have the right to academic freedom of thought; and the
freedom
_____________ to challenge the knowledge that exists today.
7. AllStudents
studentsRightshave the
in Europe right to fair recognition of comparable
qualifications.
8. All students have the right to a continuously reviewed and up-to-date
programme.
9. All students have the right to participate as equal partners in the
continuous assessment and improvement of their educational
programmes.
10.All students have the right to free access to comprehensive and
objective information on the quality of the programme and institution
in which they wish to study or are already studying.
11.All students have the right to have the grading of their academic work
challenged by an external examiner

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 Sophia Alcuaz v. Philippine School of Business Administration (PSBA) ,


some PSBA students, herein petitioners Alcuaz et. al. staged demonstrations
in the premises of the school. An agreement was entered into among others
the regulations for the conduct of protest action in order for the
demonstration to be settled. However, it was alleged that the petitioners,
committed disorderly and chaotic acts within the premises of the school,
fanned by the cooperation of the intervening professors, causing disruption
of classes to the prejudice of the majority students. The school
took administrative sanctions upon them in view of their participation in the
demonstration. The students and the intervening professors were sanctioned.
They were dismissed and terminated. The Court ruled that there is no denial
of due process where all requirements of administrative due process were
met by the school and the students were given the opportunity to be heard.
Furthermore, the right of expression and assembly are not absolute
especially when parties are bound to certain rules under a contract.

The landmark case of Tinker v. Miones Independent School District was


able to show that It can hardly be argued that either students or teachers
shed their constitutional rights to freedom of speech or expression at the
schoolhouse gate. Tinker was a high school student who joined his parents
in protesting the Vietnam War. The form of protest was to wear a black
armband for a period of two weeks during the holiday season. When Tinker
arrived at school he was told to remove the armband or be suspended. He
took the suspension and did not return to school until after the protest period
ended. Tinker was suspended from school for showing his support of the anti-
war movement. However, there was no evidence that the wearing of the
armbands caused any disruption of any class or school function. It was held
that students are persons worthy of constitutional protections both while in
school and out of school.

Another foreign case is the Hazelwood School District v. Kulmeier case,


wherein a school principal censored a student newspaper by removing some
of the articles prior to publication. Students enrolled in the Journalism II
_____________
class at Hazelwood East High School were responsible for writing and editing
Crispin Malabanan
the school's paper Thev. Anastacio
Spectrum.Ramento
The , school
G.R. No. L-62270,
principalMay 21, 1984reviewed the
always
Sophia Alcuaz v. Philippine School of Business Administration, G.R. No. 76353, May 2,
page
1988 proofs prior to printing. On this occasion, there were two articles
objected byv.the
Tinker principal
Des Moines because
Indpendent one
School of them described the pregnancy of
District
students and included specific sexual content while the other discussed the
impact of divorce on students in the school. Because there was no time to
edit the paper if it were to go to press before the end of the school year,
entire pages were eliminated. The student journalists then brought suit to the
U.S. District Court for the Eastern District of Missouri, alleging that their
rights to freedom of speech had been violated. The court ruled that the
school administration had the right to control the style and content of
student speech when it is included in the schools expressive activities. They
are allowed to consider the emotional maturity of the audience when
choosing to suppress certain forms of speech.

In the case of Bethel School District v. Fraser, Fraser, a student, gave a


nominating speech in a general school assembly that described another
candidate with strong sexual metaphors. A teacher reviewed the speech and
warned him about it. However, Fraser chose to still do it. After the speech,
one teacher complained that he had to interrupt his regular class to explain
and review sections of the speech. Fraser was subsequently suspended from
school for three days. The Court held that [t]he undoubted freedom to
advocate unpopular and controversial issues in schools and classrooms must
be balanced against societys countervailing interest in teaching students
the boundaries of socially appropriate behavior. Here, the remarks by Fraser
were not disruptive to the schools operations and should not have been
sanctioned. However, it exceeds the permissible limits for this situation, a
school assembly. It disrupted the schools daily activities because the
speech was unequivocal in nature and required some explaining to the
younger students. Furthermore, the majority determined that the role of
school is to teach socially appropriate behavior and speech. It is within the
schools sole discretion whether and how to punish such speech.
In the cases mentioned, it is perceptible enough that academic
freedom shall be enjoyed in all institutions of higher learning with the
intervention of the Government to exercise reasonable supervision and
regulation over-all educational institutions. One of the dissenting opinions in
the case of Alcuaz v. Philippines School of Busines Administration states that
"academic freedom does not mean untramelled liberty for schools and school
authorities. Educational institutions, under the Constitution, and as an
exception to academic freedom, are subject to State regulation. Moreover,
the privilege applies to students as well.

Since change is inevitable and numerous youths are entering schools,


bills pertaining to the Students Rights and Freedom of Expression are being
proposed frequently. One of them is the House Bill No. 2190 which shall be
known as the Students Rights and Welfare Act of 2007 which includes the
students right against discrimination in educational institutions, right to
competent instruction and relevant quality education, right to organize or join
federations, right to establish a student council or government, right to
publish a student newspaper and other similar publications, right to adequate
services and academic facilities, right to information, and right to freedom of
expression. Thus, no student shall be denied admission, expelled from an
educational institution, punished with disciplinary action, including
mandatory counselling, or denied welfare services, scholarships and other
privileges on the basis of his/her physical handicap, socio-economic status,
political and religious beliefs, sexual orientation, or membership in student
organizations. Pregnant students, certifies reformed drug abusers, and
students
_____________ with HIV/AIDS shall not be discriminated against. Furthermore,
students shall have the right to freely express their views and opinions. They
Hazelwood School District v. Kulmeier
shall have
Bethelthe right
School to peaceably
District v. Fraser assemble and petition the government and
schoolHouse Bill No. 2190
authorities for the redress of their grievances. Student shall have
access to print and broadcast media in their information activities. They shall
also have the right to print, circulate and/or mount leaftlets, newsletters,
posters, wall news, petitions and such other materials. School authorities
shall ensure the provision of facilities such as bulletin boards for the
mounting of the mentioned materials.

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:

Student is any person enrolled in the secondary, post secondary, tertiary,


graduate and post graduate levels, including those enrolled in vocational and
technical education.

Right is a fundamental normative rule about what is allowed of people or


owed to people, according to some legal system, social convention, or ethical
theory.

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
_____________

Senate Bill No. 1552


House Bill No. 2870
The Law Dictionary
http://www.gov.ph/1974/12/10/presidential-decree-no-603-s-1974/
http://www.lawphil.net/statutes/bataspam/bp1982/bp_232_1982.html
http://www.gov.ph/2013/12/13/implementing-rules-and-regulations-of-republic-
act-no-10627/
http://thepoc.net/index.php/student-rights-are-handbooks-violating-
constitutional-rights/
http://law2.umkc.edu/faculty/projects/ftrials/conlaw/studentspeech.htm
http://www.taipeitimes.com/News/taiwan/archives/2012/12/08/2003549644
http://www.interaksyon.com/article/48339/students-rights-bill-pending-in-
congress-since-lagmans-hair-was-still-black
http://psych.fullerton.edu/mbirnbaum/psych466/LG/academicinterestspage.ht
m

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

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https://www.scribd.com/doc/46585671/HB-2190-Students-Rights-and-Welfare-
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http://www.congress.gov.ph/press/details.php?pressid=7784

http://www.ched.gov.ph/wp-content/uploads/2013/05/Manual-of-Regulations-
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http://www.deped.gov.ph/orders/do-6-s-2010