Introduction

In the Philippine educational system, the Transcript of Records (TOR) serves as a critical document that outlines a student's academic history, including courses taken, grades earned, and degrees conferred. It is essential for employment, further studies, licensure examinations, and various professional pursuits. State universities and colleges (SUCs), which are public institutions funded by the government, operate under a framework of laws and regulations that emphasize accessibility, equity, and the protection of students' rights. A common concern among graduating students is whether these institutions can legally withhold the TOR if a student chooses not to participate in the formal graduation ceremony. This article explores the legal basis, relevant policies, and implications of such practices, providing a comprehensive analysis within the Philippine context.

Legal Framework Governing State Universities and Student Rights

State universities in the Philippines are established and regulated primarily through Republic Act No. 8292, also known as the Higher Education Modernization Act of 1997. This law grants SUCs autonomy in academic matters but subjects them to oversight by the Commission on Higher Education (CHED). CHED Memorandum Orders (CMOs) and policies ensure uniformity in standards across institutions, including the issuance of academic credentials.

Under the Philippine Constitution (1987), Article XIV emphasizes the right to quality education at all levels, with the state obligated to protect and promote this right. This constitutional mandate implies that educational institutions cannot impose arbitrary barriers to the completion of a student's academic journey. The Education Act of 1982 (Batas Pambansa Blg. 232) further reinforces that students have the right to receive their diplomas and transcripts upon fulfilling academic requirements, without undue restrictions.

Republic Act No. 10931, the Universal Access to Quality Tertiary Education Act of 2017, provides free tuition and other fees in SUCs for eligible students, underscoring the government's commitment to removing financial and administrative hurdles. While this law focuses on affordability, it indirectly supports the principle that non-academic obligations should not hinder access to official documents.

The Nature of Graduation Ceremonies and Degree Conferment

Graduation ceremonies in Philippine state universities are ceremonial events designed to publicly recognize academic achievements. They typically involve the conferment of degrees by the university president or board of regents, often in the presence of dignitaries, family, and peers. However, the actual earning of a degree is based on the completion of academic requirements, such as passing all required courses, settling thesis or capstone projects, and achieving the necessary grade point average.

CHED policies distinguish between degree completion and ceremonial participation. For instance, CHED Memorandum Order No. 15, Series of 2019 (Policies, Standards, and Guidelines for the Bachelor of Science in Accountancy, as an example), and similar orders for other programs, specify that degrees are awarded upon fulfillment of curricular requirements, not attendance at a ceremony. Skipping the graduation rite does not negate the academic accomplishments; it merely forgoes the public ritual.

In practice, many SUCs, such as the University of the Philippines (UP) system, Polytechnic University of the Philippines (PUP), and Mindanao State University (MSU), allow students to graduate in absentia. This means the degree is conferred without the student's physical presence, and the diploma and TOR can still be issued. University charters and internal regulations often explicitly state that participation in commencement exercises is optional.

Grounds for Withholding TOR: What is Permissible?

State universities may withhold TORs or diplomas under specific circumstances, but these must be justified by law or institutional policy. Common valid reasons include:

Unsettled Financial Obligations: Students with outstanding tuition fees, library fines, or other dues may face delays in document issuance until accounts are cleared. This is supported by institutional financial policies and aligns with the principle of accountability.
Academic Deficiencies: If a student has incomplete grades, pending requirements, or disciplinary issues affecting academic standing, the TOR cannot be released until resolved.
Administrative Clearances: Many SUCs require a "clearance form" signed by various departments (e.g., registrar, library, accounting) to ensure all obligations are met.

However, withholding a TOR solely for non-attendance at graduation lacks legal basis. No national law or CHED regulation mandates participation in ceremonies as a prerequisite for document issuance. Such a practice could be seen as an abuse of discretion or a violation of due process, potentially contravening the Administrative Code of 1987 (Executive Order No. 292), which requires public officials to act reasonably and in good faith.

In landmark cases, the Supreme Court of the Philippines has ruled on similar issues. For example, in University of the Philippines v. Arokiaswamy William Maria Joseph (G.R. No. 193672, 2011), the Court emphasized that academic freedom grants institutions leeway in policies but not the authority to impose arbitrary conditions unrelated to academic merit. While this case dealt with foreign student admissions, the principle extends to credential issuance: universities must adhere to fair and transparent procedures.

Potential Implications and Student Remedies

If a state university attempts to withhold a TOR for skipping graduation, it could lead to several consequences:

Delay in Professional Opportunities: Graduates may miss job applications, board exams (e.g., LET for teachers, CPA for accountants), or graduate school admissions, causing economic hardship.
Violation of Rights: This could infringe on the right to education and equal protection under the law, potentially constituting grave abuse of discretion.

Students facing such issues have recourse through:

Internal Appeals: Filing a grievance with the university's student affairs office or board of regents, citing relevant policies.
CHED Intervention: Submitting a complaint to CHED regional offices, which can investigate and direct the institution to comply.
Judicial Remedies: Seeking a writ of mandamus from the courts to compel the release of documents, as seen in cases like Padua v. University of Santo Tomas (G.R. No. 164182, 2008), where the Court ordered the issuance of credentials upon proof of completion.

Additionally, under Republic Act No. 11032 (Ease of Doing Business and Efficient Government Service Delivery Act of 2018), government agencies, including SUCs, must process requests efficiently. Delays without valid cause can result in administrative sanctions against officials.

Institutional Practices and Variations Among SUCs

While the general rule prohibits withholding for ceremonial non-attendance, practices vary across SUCs due to institutional autonomy:

University of the Philippines System: UP's Academic Calendar and General Rules allow graduation in absentia without penalty. TORs are issued upon clearance, focusing on academic and financial obligations.
Philippine Normal University (PNU): As a teacher education institution, PNU emphasizes ceremony participation for tradition but does not mandate it for TOR release.
Technological University of the Philippines (TUP): Similar to others, TUP requires clearance but lists no ceremony attendance as a requirement.

Some universities may encourage attendance through incentives, like priority processing for attendees, but coercion via withholding is not standard. During the COVID-19 pandemic, virtual ceremonies highlighted that physical presence is not essential, further weakening any argument for mandatory participation.

Conclusion

In summary, state universities in the Philippines cannot legally withhold a student's Transcript of Records solely for skipping the graduation ceremony. The TOR is a right earned through academic fulfillment, not ceremonial compliance. Laws such as the Higher Education Modernization Act, the Education Act, and constitutional provisions protect students from arbitrary institutional actions. While universities may enforce policies on financial and academic clearances, imposing penalties for non-attendance at rites exceeds their authority and could invite legal challenges. Students are advised to familiarize themselves with their institution's handbook and seek prompt resolution through available channels if issues arise. This ensures that the culmination of years of study is not marred by unnecessary administrative hurdles, aligning with the nation's goal of fostering an educated and empowered citizenry.