ABSTRACT
This article surveys the Philippine legal landscape governing a school’s refusal to release student records — principally the Permanent Record (Form 137) and Report Card (Form 138) — on the ground of pending or decided disciplinary cases. It synthesises constitutional guarantees, statutes, regulations of the Department of Education (DepEd), Commission on Higher Education (CHED) and Technical Education and Skills Development Authority (TESDA), data-privacy rules, and key jurisprudence. Practical guidance for schools, students, and parents is provided, together with available remedies.
1. INTRODUCTION
Student records are indispensable: they evidence learning achievements, determine promotion or graduation, and are required for transfer, licensure and employment. When discipline is involved, however, many schools hesitate to release them, citing the need to “clear” the case or the fear of disseminating adverse information. The question is whether Philippine law allows, limits, or prohibits such withholding.
2. CONSTITUTIONAL & STATUTORY FRAMEWORK
| Source | Key Provisions |
|---|---|
| 1987 Constitution | • Art. II § 11: dignity of every person. • Art. III § 7: right to information on matters of public concern. • Art. XIV § 1–5: right to quality education; State must make education accessible. |
| Education Act of 1982 (B.P. 232) | • § 9–§ 10: guarantees students’ right to receive records of their academic performance and to due process in disciplinary actions. |
| Data Privacy Act of 2012 (R.A. 10173) | • Defines education records as personal information subject to consent-based processing and rights of access, correction, and erasure; NPC Advisory Opinions (e.g., Opinion 2017-009) clarify that schools must release records to the data subject or authorized representative except where another law expressly restricts. |
| Child and Youth Welfare Code (P.D. 603) | • Art. 86–87: duty of parents/guardians to obtain records affecting the child’s welfare; school cannot unreasonably impede this. |
3. ADMINISTRATIVE ISSUANCES
3.1 Department of Education (Basic Education)
| Instrument | Main Rules |
|---|---|
| DepEd Order (DO) No. 54-A, s. 1993 – “Simplification of Transfer of Students” | Prohibits withholding Form 137 and Form 138 “on account of disciplinary or financial liabilities” once the student has settled property obligations (e.g., return of books). Disciplinary liabilities are to be noted in the record but must not bar release when required for enrolment elsewhere. |
| DO No. 26, s. 1994 | Reiterates that records belong to the learner, not the school. Sanctions administrators who delay their release beyond 30 days from request. |
| DO No. 2, s. 2010 – “Revised Manual of Regulations for Private Schools in Basic Education” | § 126 (b) bars schools from refusing release for reasons other than unpaid property accountability; disciplinary cases are treated separately under due-process rules but do not justify indefinite withholding. |
3.2 Commission on Higher Education (Tertiary)
| CMO | Highlights |
|---|---|
| CMO No. 09, s. 2013 – “Enhanced Policies on Student Affairs & Services” | Recognises students’ “right to access their official school records and personal data” and limits refusal only to circumstances explicitly allowed by law or contract. |
| CMO No. 28, s. 2013 – Student Handbook Template | Requires HEIs to include in their handbook a clear procedure for release of records “regardless of disciplinary standing,” subject only to verification of identity and payment of processing fees. |
3.3 TESDA Circulars (TVET Sector)
TESDA Circular No. 13-2019 adopts DepEd’s DO 54-A principles for Technical-Vocational Institutions (TVIs), making it an administrative offense to block a learner’s Training Certificate or Transcript because of disciplinary infractions once due process is complete.
4. DUE-PROCESS REQUIREMENT IN DISCIPLINE
- Notice – written charge describing the infraction.
- Explanation & Hearing – reasonable period to answer; impartial committee hearing for serious offenses.
- Decision – must be in writing, stating facts and legal basis.
- Service & Appeal – furnish student/parents; allow appeal to higher body (board of trustees, DepEd Regional Director, CHED Regional Office, etc.).
Key Principle: A school that has finished the process may reflect the sanction (e.g., suspension, dismissal) in the record, but once final, the record must still be released upon request; pending appeals may justify a short, clearly defined hold.
5. JURISPRUDENCE
| Case | G.R. No. | Ratio |
|---|---|---|
| “University of the East v. Villasan” | 108194, 19 Feb 1994 | Even when a student was expelled, the university was ordered to release his academic records so he could transfer, for education is “a matter of public interest.” |
| “St. Theresa’s College v. G.R.” | 202666, 29 Aug 2014 | Supreme Court affirmed a school’s right to impose discipline but emphasised that any publication of disciplinary data must observe data-privacy and child-protection laws. |
| “Malabanan v. College of the Holy Spirit” | CA-G.R. SP No. 120578, 12 May 2015 | CA ruled that withholding a graduate’s transcript for a plagiarism case already resolved violated the student’s contractual and statutory rights; moral damages awarded. |
No case squarely upholds indefinite refusal of records solely because a disciplinary process is pending; courts balance it against the constitutional right to education.
6. DATA-PRIVACY DIMENSION
- Controller: The school.
- Legal basis for processing: Educational purpose (legitimate interest) and contractual necessity.
- Right to Access (§ 16(c) DPA): Student or parent (if minor) may demand copy; refusal requires written explanation citing legal ground.
- Right to Object (disciplinary details): Student may request redaction of sensitive details for transfer purposes; school may annotate “Confidential disciplinary record on file” instead of narration.
- NPC Guidance: NPC.1-2021 states “schools must release records unless barred by a specific law or a court/administrative order.”
7. WHEN CAN A SCHOOL TEMPORARILY WITHHOLD?
| Situation | Permissible? | Conditions |
|---|---|---|
| Unreturned property (library books, sports gear) | Yes | May hold Form 137/138 until returned or paid (DO 54-A). |
| Ongoing disciplinary investigation | Qualified | Short hold (e.g., until decision within statutory period) is allowed if school can show that releasing records would defeat the proceedings; must issue provisional certification of grades. |
| Final sanction of expulsion | No (indefinite hold) | Must release records with annotation of expulsion. |
| Unpaid tuition/fees | No for transfer credentials (per DepEd & CHED); Yes for Diploma/COG until settled. | |
| Data-privacy consent not given | N/A | Data subject himself is requesting; no consent needed. |
8. REMEDIES FOR STUDENTS & PARENTS
Demand Letter to the Registrar and School Head citing DepEd DO 54-A / CMO 9-2013.
Administrative Complaint
- DepEd (Basic Ed) – Schools Division Office → Regional Director.
- CHED (HEIs) – Regional Office, Student Affairs & Services Unit.
- TESDA (TVIs) – Provincial Office.
Complaint before the National Privacy Commission for violation of access rights (R.A. 10173).
Civil Action (Mandamus) in Regional Trial Court to compel release; may include damages.
Writ of Habeas Data if disciplinary record disclosure threatens a constitutionally protected right.
Barangay/Katarungang Pambarangay Mediation for amicable settlement in private schools.
9. GUIDELINES FOR SCHOOLS
| Step | Best Practice |
|---|---|
| Policy | Embed clear procedures in the Student Handbook; align with DO 54-A and CMO 9-2013. |
| Documentation | Use a standard Release-of-Records Form with check-list of accountabilities and disciplinary status. |
| Timelines | 5 working days for report cards; 30 calendar days for Form 137 or Transcript. |
| Annotations | Note sanctions in a neutral, factual manner; avoid stigmatizing language. |
| Data-Protection Officer | Review requests, ensure minimum disclosure, maintain log of releases. |
| Appeals | Provide provisional certificates while appeal is pending. |
10. CONCLUSION
In Philippine law, a learner’s right to receive his or her academic records is fundamental and may be limited only by narrow, explicit grounds — chiefly unresolved property accountabilities or a very short period needed to complete due process. Disciplinary infractions, even grave ones, do not justify indefinite withholding; rather, they should be documented and released together with the record or via an appropriate annotation.
Schools that ignore these rules risk administrative sanctions, civil liability, and reputational damage. Conversely, students and parents who understand the legal framework can assert their rights effectively while respecting the school’s authority to discipline in accordance with law.