Legal Remedies for Falsified or Incorrect Transferee Grades in Philippine Schools


I. Introduction

Grades are not just numbers; in the Philippine educational system they determine promotion, admission to higher schools, scholarships, licensure exam eligibility, and employment. When a student transfers schools, those grades are usually carried through via official records:

  • In basic education: Form 137 / SF10 (permanent record), Form 138 / SF9 (report card)
  • In higher education: Transcript of Records (TOR), certifications of grades, and similar documents.

If these grades are falsified (deliberately altered) or incorrect (due to negligence or clerical/academic error), the consequences can be serious. This article explains, in the Philippine context:

  • The legal framework governing school records and grades
  • The types of irregularities that can arise
  • The available remedies: internal school processes, administrative, criminal, and civil
  • Practical steps for students, parents, schools, and teachers

This is an educational overview and not a substitute for advice from a Philippine lawyer or accredited school official.


II. Legal Framework

1. Constitutional and general legal principles

  1. 1987 Constitution

    • The State shall protect and promote the right to quality education at all levels and shall make such education accessible to all (Art. XIV).
    • Due process and equal protection (Art. III, Bill of Rights) influence how schools handle grading disputes and discipline.
  2. Civil Code of the Philippines

    • Articles 19–21 (Human Relations): Those who, in the performance of their rights and duties, act contrary to law, morals, good customs, or public policy and cause damage to another may be liable for damages.
    • Article 26: Protection of dignity, reputation, and social standing.
    • Quasi-delict provisions (Articles 2176 et seq.): Negligent acts that cause damage can give rise to liability.
    • These can be invoked when an incorrect or falsified grade causes damage (loss of scholarship, delayed graduation, etc.).
  3. Revised Penal Code (RPC)

    • Article 171 – Falsification by public officer, employee, or notary.

    • Article 172 – Falsification by private individuals and use of falsified documents.

    • School records can be:

      • Public documents (especially in public schools, where teachers and registrars are public officers).
      • Or commercial/private documents (especially in private schools), still covered under Art. 172.
    • Falsification or use of falsified grade documents may thus be a crime.

  4. Data Privacy Act of 2012 (RA 10173)

    • Student records include personal information and, often, sensitive personal information.
    • The law recognizes a right to rectification: the data subject may dispute inaccurate or erroneous data and have it corrected.
    • Schools, as personal information controllers, must ensure accuracy of personal data (including grades) and provide mechanisms for correction.
  5. Cybercrime Prevention Act (RA 10175) & E-Commerce Act (RA 8792)

    • When falsification involves electronic school records (e.g., manipulating an online grading system or digital copies of TORs), possible application of:

      • Computer-related forgery
      • Computer-related fraud or data interference
    • These laws can overlap with RPC provisions.

2. Education-specific statutes and regulations

  1. RA 9155 (Governance of Basic Education Act) and DepEd’s issuances

    • Establish the authority of DepEd and school heads over records, assessment, and promotion.

    • DepEd Orders and Manuals set out:

      • Rules on preparation, custody and correction of school forms (Forms 137, 138, SF10, etc.)
      • Procedures for grade changes and verification of records.
  2. CHED and TESDA Regulations

    • For higher education institutions (HEIs) and technical-vocational institutions:

      • CHED issues the Manual of Regulations for Private Higher Education, as well as various memoranda on academic records, grading, and TOR issuance.
      • TESDA issues guidelines for TVET institutions and certification of competencies.
    • These usually contain:

      • Standards for record keeping and authenticity of academic documents
      • Policies for grade changes and appeals.
  3. Professional and Civil Service Rules

    • RA 7836 (Philippine Teachers Professionalization Act) and the Code of Ethics for Professional Teachers:

      • Require teachers to be honest, fair, and objective in grading.
      • Falsifying or manipulating grades may constitute unprofessional conduct subject to PRC sanctions (from reprimand to revocation of license).
    • Civil Service rules (for public school personnel):

      • Dishonesty, grave misconduct, and falsification of official documents are grave offenses that can lead to dismissal and perpetual disqualification from public service.

III. Nature of School Records and Transferee Grades

1. Basic education records

  • Form 137 / SF10 – The permanent record (cumulated grades, promotion status, etc.) brought along as a student transfers from one school to another.
  • Form 138 / SF9 (Report Card) – Issued every grading period or school year; may be used as basis for temporary enrollment but still usually verified against Form 137/SF10.

2. Higher education and TVET records

  • Transcript of Records (TOR) – Official and permanent academic record in colleges and universities.
  • Certification of Grades / Scholastic Records – Often requested by transferees or applicants before a full TOR is released.

These documents are official institutional records and, in public schools, also official government records.


IV. Types of Irregularities in Transferee Grades

It’s important to distinguish between simple inaccuracy and criminal falsification.

1. Clerical or encoding errors

Examples:

  • A “92” in the teacher’s gradebook appears as “72” in Form 137 or TOR due to a typo.
  • A subject is listed as “Passed” instead of “Incomplete” because of a data entry mistake.
  • Wrong subject title or number of units in a TOR.

These usually involve negligence or oversight, not intent to deceive.

2. Substantive grading errors

Examples:

  • Failure to include a make-up examination score.
  • Misapplication of grading formula or incorrect averaging.
  • Failure to record completion of an “Incomplete” requirement.

Still not necessarily falsification, but a wrong academic judgment or process.

3. Unauthorized alteration or fabrication

Examples:

  • A student or parent manually modifies a printed report card before submitting it to a new school.
  • A teacher or registrar deliberately raises or lowers grades in permanent records in exchange for a favor or as punishment.
  • Creation of a fake TOR or Form 137 from a school the student never attended.

These are typically falsification, both administratively and criminally.

4. Systemic or institutional irregularities

Examples:

  • A school systematically inflates grades of transferees to improve retention or satisfaction.
  • A registrar’s office unofficially “normalizes” grades to match receiving school standards.

These can result in institutional liability and sanctions by DepEd, CHED, or TESDA.


V. Internal School Remedies

As a rule, start inside the school. Courts and agencies often want to see that internal remedies were first exhausted.

1. Basic education (DepEd schools)

Typical internal steps (exact procedures vary by school and by DepEd Orders):

  1. Informal clarification

    • Student/parent speaks with the subject teacher and/or adviser to verify the grade.
    • Request to see basis of grade: quizzes, exams, class records (subject to school policy and data privacy safeguards).
  2. Written request for correction

    • If the grade in the permanent record or report card is obviously wrong (e.g., mismatch with teacher’s own record), file a written request addressed to:

      • The School Head / Principal, and
      • Copy furnished to the Registrar or Records-In-Charge.
    • Attach photocopies of the report card, screenshots of online portals (if any), and other documentation.

  3. Formal grade review / change of grade procedure

    • DepEd guidelines typically require:

      • A formal justification for any change of grade.
      • Supporting documents: teacher’s class record, test papers, computation sheets.
      • Approval by the principal and, in some cases, the Schools Division Office.
    • Changes are annotated on the permanent record with the basis and approving authority.

  4. Escalation within DepEd

    • If the school head does not act or denies a meritorious request:

      • Elevate to the Schools Division Superintendent (Division Office).
      • If still unresolved, to the Regional Director, and eventually to the DepEd Central Office.
    • Written complaints should:

      • Identify the error or falsification
      • State efforts already taken
      • Request specific relief (correction, investigation, certification, etc.)

2. Higher education (CHED-supervised institutions)

Each HEI usually has its Student Handbook or Academic Manual that provides:

  1. Grade appeal process

    • Student applies for reconsideration or review within a prescribed time frame (often within a semester or academic year).

    • Appeals typically proceed:

      • From teacher, to
      • Department Chair, then
      • Dean, and sometimes to an Academic Council or Vice President for Academic Affairs.
  2. Registrar-level corrections

    • For clerical errors in TOR:

      • Student writes to the Registrar requesting correction, with supporting documents (grade slips, printouts from official portal, etc.).
      • Correction is annotated in TOR entries, often with a footnote or marginal note.
  3. Internal investigative bodies

    • More serious allegations (falsification, bribery for grades, etc.) may go to:

      • The school’s disciplinary board,
      • Human resources (for personnel), or
      • Legal office.
  4. Graduation or retention impacts

    • If incorrect grades affected graduation, rankings, or honors, the school may:

      • Issue corrected certifications
      • Recompute honors
      • Adjust class standing (which may have symbolic rather than practical effect, depending on timing).

VI. Administrative and Regulatory Remedies

When the school fails to correct errors or investigate alleged falsification properly, the complainant may go beyond the school.

1. DepEd: basic education

  • Nature of complaint:

    • Falsification or mishandling of school records, refusal to correct clear errors, negligence.
  • Respondents:

    • Public school teachers and administrators (public officers);
    • Private school administrators (for regulatory oversight).
  • Possible remedies:

    • Administrative sanctions on erring personnel (suspension, dismissal).
    • Orders to correct or restore records.
    • Orders to the school to comply with DepEd rules (for private and public schools alike).
  • For public personnel, DepEd may also coordinate with the Civil Service Commission (CSC) or the Office of the Ombudsman.

2. CHED and TESDA: higher education and TVET

  • CHED Regional Offices may receive complaints involving:

    • Non-issuance or falsification of TOR and academic records.
    • Irrational refusal to correct evident errors.
  • Remedies can include:

    • Directives to schools to comply with regulations.
    • Imposition of administrative sanctions (fines, suspension of programs, etc.) in severe cases.
  • TESDA can act where:

    • Competency certificates or TVET transcripts are falsified or mishandled.

3. Professional Regulation Commission (PRC)

  • If a licensed teacher is involved in grade falsification or serious negligence:

    • A complaint for unprofessional or unethical conduct may be filed.
    • Sanctions: reprimand, suspension, or revocation of teaching license.

4. Civil Service and Ombudsman (public schools and SUCs)

  • For personnel in public schools, SUCs, and LUCs:

    • Administrative complaints for dishonesty, grave misconduct, falsification can be filed with:

      • The Civil Service Commission,
      • The Ombudsman, or
      • The agency’s own disciplinary authority.
    • Possible penalties: suspension, dismissal, forfeiture of benefits, disqualification from public office.


VII. Criminal Liability and Remedies

1. Falsification of school records

Public school context

  • Public school teachers, registrars, and principals are public officers.
  • Deliberately altering grades in official records can fall under Art. 171 (falsification by public officer).

Private school context

  • Private school staff can be liable under Art. 172 (falsification by private individuals), especially when:

    • They make untruthful statements in a narration of facts.
    • They alter genuine documents to the prejudice of a third person or the state.

2. Use of falsified documents

  • Even if the student was not the original falsifier, using a falsified report card or TOR to:

    • Gain admission,
    • Obtain a scholarship, or
    • Secure employment can be prosecuted under use of falsified documents (still under Art. 172).

3. Cyber-related offenses

  • Manipulating electronic grading systems or digital records can amount to:

    • Computer-related forgery or fraud under RA 10175.
  • Examples:

    • Unauthorized access to the school system to change grades.
    • Hacking the registrar’s system to alter a TOR.

4. How to pursue criminal remedies

  1. Gather evidence:

    • Certified true copies of conflicting records (old vs. new TOR/Form 137).
    • Written communications with school officials.
    • Class records, grade computations, screenshots, witness statements.
  2. File a complaint:

    • With the police, NBI, or directly with the City/Provincial Prosecutor.
    • State the specific acts constituting falsification and how it prejudiced the student (or a third party).
  3. Possible outcomes:

    • Filing of an Information in court.
    • Conviction may lead to imprisonment, fines, and accessory penalties.

VIII. Civil Liability and Damages

Even where criminal or administrative liability is not pursued (or is not successful), a student may have a civil cause of action.

1. Basis under the Civil Code

  • Quasi-delict (Art. 2176) – Negligent inaccuracies or mishandling of records causing damage.

  • Breach of contract – The relationship between student and private school (and even public school in some respects) is often treated as a contractual relationship.

    • Schools have an obligation to:

      • Keep accurate records.
      • Apply academic policies fairly.
  • Articles 19–21 and 26 – Acts contrary to law, morals, good customs or that injure another’s dignity or reputation can give rise to liability.

2. Types of recoverable damages

  • Actual or compensatory damages:

    • Loss of scholarship due to a wrongly low grade.
    • Loss of employment opportunity due to erroneous TOR.
    • Costs of delays (extra tuition, additional school year).
  • Moral damages:

    • For mental anguish, serious anxiety, and humiliation caused by the school’s wrongful act or gross negligence.
  • Exemplary damages:

    • To deter similar behavior if the act is wanton, malicious, or in bad faith.
  • Attorney’s fees and costs of litigation, when warranted.

3. Who may be sued?

  • The school (as institution) for breach of its duties.
  • The teacher or registrar directly responsible.
  • In some cases, both, under solidary liability.

IX. Special Scenarios and Nuances

1. Transferee denied admission due to apparent falsification

  • The receiving school might discover inconsistencies in grades and:

    • Temporarily deny or conditionally accept enrollment pending verification.
  • The student’s remedies may include:

    • Requesting official verification from the originating school.
    • Asking the receiving school to document its reasons for denial.
    • If denial is arbitrary and the student has valid records, potential civil action or regulatory complaint.

2. Student benefited from falsification (inflated grades)

  • If a student knowingly uses falsified grades to:

    • Get into a better school, or
    • Obtain scholarships, then:
    • The receiving school can revoke admission or scholarship upon discovery.
    • Criminal liability may attach to the student (or parent/guardian) for falsification or use of falsified documents.

3. Correction after graduation

  • Discovery of falsified grades after graduation (e.g., for job application or licensure exam) can lead to:

    • Cancellation of TOR or degree.
    • Administrative and criminal cases.
  • Genuine errors discovered late can still be corrected, but practical obstacles arise (e.g., previously issued credentials with wrong data). Schools may:

    • Issue corrected TOR with annotations.
    • Provide certifications explaining the correction.

4. Public vs private schools

  • Public schools:

    • Records are public documents; personnel are public officers.
    • Administrative remedies extend to CSC and Ombudsman.
  • Private schools:

    • Heavily regulated by DepEd/CHED/TESDA but personnel are private employees.
    • Civil and criminal remedies are more prominent; admin control is through regulators and PRC (for teachers).

X. Practical Guide: What a Student or Parent Can Do

1. When you suspect a simple error

  1. Secure copies

    • Photocopy or request certified true copies of:

      • The incorrect record (Form 137, TOR, etc.).
      • The original report cards or grade slips showing the correct grade.
  2. Talk to the teacher or registrar

    • Courteously ask for an explanation.
    • If it appears clearly clerical, request a written correction.
  3. Write a formal letter

    • Addressed to the principal, dean, or registrar.

    • State:

      • What the error is
      • How you discovered it
      • What documents support your claim
      • What you are asking (correction, updated TOR, certification).
  4. Follow up in writing

    • Keep copies of all letters and emails.

2. When you suspect falsification or deliberate wrongdoing

  1. Document everything

    • Keep conflicting copies of records.
    • Preserve electronic communications and screenshots.
    • Avoid altering any document yourself; work with certified copies.
  2. Use internal grievance mechanisms

    • File a formal complaint within the school.
    • Request that the school investigate and issue a written finding.
  3. Go to regulators

    • DepEd (for basic education), CHED (for HEIs), TESDA (for TVET).
    • Attach evidence and show that internal remedies were attempted.
  4. Consider legal action

    • Consult a lawyer on:

      • Possible criminal complaint for falsification.
      • Civil action for damages and judicial order to correct records.
  5. Data Privacy route

    • File a complaint or request with the school’s Data Protection Officer invoking the right to rectification if the inaccuracy is in your personal data.
    • In serious or unresolved cases, a complaint may be brought before the National Privacy Commission.

XI. Institutional Compliance and Preventive Measures (for Schools)

Schools can greatly reduce risk by:

  • Clear written policies on:

    • Grade computation and appeal.
    • Correction of school records.
    • Responsibility for preparation, custody, and release of records.
  • Segregation of duties:

    • The person entering grades in the system should not be the only one verifying them.
  • Audit trails in information systems:

    • Ensure logs show who changed what and when.
  • Regular training of teachers and registrars:

    • On legal consequences of falsification.
    • On data privacy and records management.
  • Secure forms and signatures:

    • Use security features for TOR and Forms 137 (watermarks, security paper).
    • Strict control over signature plates and dry seals.

Such measures help protect both schools and students and provide clear evidence if disputes arise.


XII. Conclusion

In Philippine law and practice, falsified or incorrect transferee grades are not merely administrative inconveniences; they implicate:

  • Constitutional rights to education and due process
  • Statutory duties under education laws and data privacy regulations
  • Criminal liability for falsification and cyber-related offenses
  • Civil liability for damages caused by negligence or bad faith
  • Professional and administrative accountability for teachers and school officials.

The practical starting point is internal correction—but when that fails, the legal system offers a range of remedies: administrative complaints, criminal prosecution, and civil suits. For students and parents, timely documentation and persistent but orderly use of internal and external remedies are crucial. For schools, robust policies and ethical practices are both a legal duty and the best defense against disputes over transferee grades.

Disclaimer: This content is not legal advice and may involve AI assistance. Information may be inaccurate.