Starting 2019, the Philippines commemorates National Students’ Day every November 17 under Republic Act No. 11369. It recognizes the vital role of Filipino students in nation-building.

This year, as in previous years, the Department of Education (DEPED) released a statement recognizing the “significant contributions” of students and learners, and that they are “integral” to the development of the country.

Beyond the rhetoric and symbolic celebrations, what has the government done to protect and uphold the rights of students?

Paper student rights

Section 9 of the Education Act of 1982 (B.P. 232) states that students have the right to enjoy quality education, to choose the course they want to take, to get guidance and counselling, to access school records, to get timely documents, to publish, to exercise free expression, to organize, and to have freedom from involuntary contributions.

But despite these rights, the Supreme Court in several cases had to expound and explain these rights. In Villar v. Technological Institute of the Philippines (G.R. No. 69198), Arreza v. Gregorio Araneta University Foundation (G.R. No. 62297), and in Guzman v. National University (G.R. No. 68288), the Supreme Court has consistently ruled that schools cannot expel students just for protesting, even for those that led to stoppage of classes. The Court found that the penalty of expulsion is highly disproportionate.

The Supreme Court consolidated these cases in the landmark case of Ariel Non, et al vs. Hon. Sancho Danes II, et. al, G.R. No. 89317 where it was stressed students do not lose their constitutional rights when they enroll at a school.

Student repression

On September 23, the Commission on Higher Education (CHED) recognized that students have the right to protest corruption and speak out against wrongdoing, reminding schools that students must not be punished for exercising this constitutional right.

Despite this, students continue to face repression of their rights. From the silencing of student activists to the censorship of campus publications and the banning of progressive organizations, schools and universities across the country have tightened their grip on students’ fundamental freedoms.

A recent case involved a Quezon City-based student who was threatened with expulsion for publicly calling out her school’s delayed cancellation of classes during a typhoon two months ago. 

In February, the Quezon City local government released a strongly worded statement amid a controversy involving Bestlink College. In its official press release, it affirmed that “students and parents have the right to voice their concerns without fear of intimidation or retaliation,” and pledged that the city “will… take all necessary legal and policy measures to ensure accountability and protect students from future safety lapses.”

In response, Kabataan Partylist-Quezon City (KPL QC), together with the author as legal counsel, met with Quezon City Councilor Nikki Crisologo, chairperson of the Committee on Education, Science and Technology, last November 12 to push for a Student Rights and Welfare (STRAW) Ordinance as well as City Council Resolution affirming the rights already recognized in national law.

KPL QC, in its public statement, said that the planned STRAW Ordinance seeks to strengthen the right to adequate welfare services and facilities, the right to organize and join organizations, the right to establish student councils, among others.

The proposed ordinance mirrors the still-pending House Bill 211 or the STRAW bill authored by Kabataan Partylist Rep. Renee Co. Crisologo has publicly expressed support for the initiative. 

Rhetoric without reform

From celebrations and ceremonial recognition, to public statements of institutions and politicians, and even through judicial decisions, students do not lack verbal support. But what are all these for if student rights are still being illegally restricted and school administrators are allowed to arbitrarily and unlawfully punish student critics?

It is high time for the STRAW bill to become law. 

If the youth are truly the future of this nation, then let them speak without fear and intimidation. Let students be involved in decision-making, especially in crafting policies that primarily involve them. Criticisms and protests should be seen as opportunities for improvement, rather than mere noise. (DAA)