Here’s a clear, practical legal guide to your rights when a Philippine school withholds a learner’s report card (Form 138) because of unpaid tuition. It covers K–12 (DepEd) and higher education (CHED), what schools may and may not do, and the concrete steps and remedies available.

Legal framework (big picture)

Right to education. The Constitution (Art. XIV, Sec. 1) protects every citizen’s right to quality education. Government agencies (DepEd for basic education; CHED for higher ed; TESDA for TVET) issue rules to keep financial disputes from derailing a learner’s schooling.
Contracts still matter. Enrollment creates a contract: schools provide instruction and credentials; families pay agreed tuition and fees. The Civil Code enforces contracts but also outlaws abusive, excessive, or bad-faith behavior (Arts. 19–21).
Records vs. balances. Philippine policy distinguishes between:
- Form 138 (Report Card): the year-end/periodic grade summary typically handed to the learner/parent.
- Form 137 (Permanent Record): the official cumulative record sent school-to-school, not handed to the family.
- Other credentials: certificates of completion/graduation, good moral character, transfer credentials, TOR (college), diploma.

What schools can and cannot do (K–12 / DepEd)

Generally permitted

Withhold the physical copy of Form 138 (report card) until financial obligations for that school year are settled. This is the most common leverage private schools use.
Require financial clearance before releasing non-essential credentials (e.g., school-issued certificates, honors medallions, yearbooks).

Generally not permitted / limited

Blocking transfers by withholding Form 137. The permanent record is requested by the receiving school and must be transmitted directly school-to-school even if there’s an unpaid balance. The learner’s right to continue schooling prevails over collection leverage.
Refusing admission at the new school for lack of records. Receiving schools should accept the learner conditionally and request Form 137 themselves.
Academic retaliation. Grades must reflect academic performance, not debt status. (No lowering of grades, no “no-recorded-grade” marks due to arrears.)
Humiliation/“posting of delinquents.” Public shaming (printing names on boards, social media, ceremonies) risks violations of child protection, anti-bullying, and data-privacy rules.

Higher education (college/CHED) differences

More latitude to withhold official credentials. Colleges/universities often withhold the official Transcript of Records (TOR), diploma, honorable dismissal, and similar credentials until dues are paid.
But access to grades is still expected. Many HEIs issue grade advisories/certifications or “for evaluation” copies even if the official TOR is on hold, so the student can apply to jobs/transfer; practices vary by HEI policies and any scholarship or sponsorship agreements.
No-permit-no-exam policies. CHED has repeatedly urged flexibility (especially in crises), but strict, across-the-board bans are uncommon at the national level; check your school handbook and local CHED Regional Office guidance.

Public schools

No tuition is collected in public basic education. If a public school withholds a card for “unpaid contributions” or “projects,” that’s typically not allowed. Escalate through DepEd channels.

Practical playbook (what to do now)

Ask for a breakdown of the balance (tuition, miscellaneous fees, penalties). Check for errors or charges you didn’t agree to.
Offer a written promissory note/payment plan. Propose realistic dates and amounts. Schools commonly release a certified copy of grades or an advisory upon a signed plan and initial payment.
If you’re transferring (K–12): Enroll at the new school without the card; request the registrar to send an official Form 137 request to the former school. The former school should transmit directly despite arrears.
Request interim documents:
- K–12: Certified true copy of period/quarter grades or a signed Learner Progress Report for placement.
- College: Certification of grades or a copy for evaluation (even if the official TOR is on hold).
Escalate if stonewalled:
- K–12: DepEd Schools Division Office (then Regional Office). Bring enrollment contract, receipts, correspondence, and the new school’s Form 137 request.
- College: CHED Regional Office. Bring the school’s written refusal, your payment plan, and any urgent need (employment, scholarship).
- Data/privacy concerns: National Privacy Commission if the school publicizes your debt or mishandles personal data.
Keep paying under protest (if disputing charges). You can reserve your rights in writing and later pursue a refund or adjustment.
As last resort: Legal demand and court action. Schools may sue for collection; families may countersue or file a separate case for damages if the school’s conduct is abusive (e.g., blocking Form 137 transmission, public shaming). Small claims/regular courts depend on amounts and relief sought.

Frequently asked questions

1) Can a private K–12 school keep my child’s report card (Form 138) for unpaid tuition? Yes, the physical report card can be withheld. But the school cannot block your child’s transfer by refusing to send Form 137 to the new school when officially requested.

2) We need the report card urgently for scholarship/placement. Any workaround? Ask for a certified copy of grades or a registrar’s certification showing the final averages, class ranking (if applicable), and conduct/attendance. Pair it with a written payment plan.

3) Can a school refuse to let my child take exams due to unpaid balances? For basic education, blanket “no permit, no exam” practices have long been discouraged. For higher ed, policies vary; many schools still require exam permits, though flexibility is expected when students arrange payment terms.

4) We’re moving schools and the old school won’t send Form 137 because we have a balance. Have the receiving school send the official request. If the former school still refuses, file a complaint with the DepEd Division Office; this typically gets resolved quickly.

5) Can a school withhold a diploma/certificate of completion? Private schools often require clearance before releasing diplomas or completion certificates. However, K–12 learners must still get their Form 137 sent to the next school upon request.

6) The school posted my child’s name on a bulletin board of “delinquent accounts.” That’s risky for the school. It can violate data-privacy and child-protection rules. Document it (photos, dates) and complain to the school head; escalate to DepEd/CHED and the National Privacy Commission if needed.

How to write (and use) a promissory note

Keep it short and specific:

Promissory Note I, [Parent/Guardian Name], parent/guardian of [Learner], Grade [], SY [], acknowledge an outstanding balance of ₱[amount]. I undertake to pay ₱[amount] on [date] and ₱[amount] on [date] until fully settled by [final date]. I respectfully request the release of a certified copy of grades and the transmittal of Form 137 to [Receiving School] upon their official request. [Signature], [Contact], [Date]

Submit it to the registrar/accounting, and ask for a stamped “received” copy.

Evidence to gather (for any complaint)

Enrollment contract/handbook pages on clearances and records
Assessment and itemized statement of account
Receipts and payment-plan emails/letters
The receiving school’s official Form 137 request (K–12)
Any written refusal or conditions stated by the school
Photos/screenshots of any public postings or shaming

Where to go (by level)

K–12 (private/public): School first → DepEd Schools Division Office → DepEd Regional Office
College/University: School first → CHED Regional Office
Data privacy issues: National Privacy Commission
Unfair collection or abusive conduct: Consider legal counsel; possible civil action under the Civil Code and applicable child-protection/privacy laws.

Key takeaways

Yes, a private school can hold the physical Form 138 until you settle dues.
No, it cannot lawfully block your child’s transfer: Form 137 must be transmitted school-to-school on the receiving school’s request, despite arrears.
You have practical levers: a written payment plan, certified grade copies, and—if needed—DepEd/CHED escalation and privacy/child-protection remedies.

This is general information for the Philippines and not a substitute for tailored legal advice. If timelines are tight (e.g., scholarship or migration), consult a lawyer or your DepEd/CHED Regional Office right away so you can secure interim documents while you finalize a payment plan.