THE TRANSFER OF STUDENT RECORDS (FORM 137) IN THE PHILIPPINES: A COMPREHENSIVE LEGAL PRIMER
I. Introduction
In Philippine basic education, Form 137—officially the Permanent Student Record—is the single most important documentary proof of a learner’s academic history from Kindergarten (or Grade 1, for cohorts prior to K to 12) up to the last year attended. Both public and private schools are legally bound to prepare, keep, update, and, when necessary, transmit this record in accordance with the Department of Education’s (DepEd) governing orders, the Education Act of 1982, and the Data Privacy Act of 2012.
II. What Exactly Is Form 137?
| Variant | Formal name | Typical holders | Contents (non-exhaustive) |
|---|---|---|---|
| Form 137-A | Permanent Record (Elementary) | Grades 1 – 6 schools | Learner Reference Number (LRN); personal data; parents/guardians; cumulative grades per learning area; remedial classes; attendance; awards; signature of principal |
| Form 137-B | Permanent Record (Secondary) | Junior & Senior High Schools | Same core fields, plus work immersion hours/track specialisation, National Career Assessment Examination (NCAE) scores, SHS specializations |
| Certified true copy | “Photostat” or scanned copy produced when the original is lost or the school has migrated to a purely electronic learner information system (LIS) | Kept in school file; furnished on request | Marked Certified True Copy, bears dry seal and signature of school head |
Unlike Form 138 (the report card) which is issued every quarter or semester to the learner/parent, Form 137 is retained by the school and transmitted school-to-school upon transfer.
III. Core Legal Foundations
Batas Pambansa Blg. 232 (Education Act of 1982) Sec. 9 & 16 empower the Secretary of Education to set minimum standards for educational operations, including record-keeping.
Republic Act No. 9155 (Governance of Basic Education Act, 2001) Delegates operational authority to DepEd to issue department orders on “learners’ welfare,” encompassing records.
DepEd Order No. 11, s. 2001 – Adoption of the Basic Education Curriculum Re-affirmed permanent record formats during the BEC shift.
DepEd Order (DO) No. 33, s. 2004 – Guidelines on the Issuance of Form 137 & Form 138 • Defines Form 137 as a permanent and cumulative record. • Bars release of originals to learners; must be sent directly to receiving school. • Sets a 30-calendar-day transmission deadline after request.
DepEd Order No. 29, s. 2014 – No Collection of Fees in Public Schools • Prohibits charging any form of “processing fee” for Form 137 or transfer certificates.
DepEd Order No. 54, s. 2016 – Guidelines on the Request and Transfer of Learner’s School Records • Anchors transfer workflow on the Learner Information System (LIS) and the Learner Reference Number (LRN). • Introduces the “Electronic Form 137” (e-F137) module for public schools. • Mandates acceptance of transferees on the basis of a provisional enrollment form while waiting for Form 137.
Republic Act No. 10173 (Data Privacy Act, 2012) & NPC Advisory Opinions • Classifies Form 137 data as “personal and sensitive educational data”. • Requires legitimate purpose, proportionality, security (e.g., sealed envelope, password-protected PDF), and data subject rights in any transfer.
DepEd Order No. 3, s. 2018 – Basic Education Enrollment Policy Consolidates provisions on provisional enrollment and records follow-up.
DepEd Memorandum No. 64, s. 2020 – Interim Guidelines for Student Records During COVID-19 • Allows scanned, electronically signed Form 137 pending later submission of the dry-sealed original. • Recognises courier delivery when on-site pick-up is unsafe.
IV. The Transfer Process — Step-by-Step
| Stage | Responsible party | Key legal checkpoints |
|---|---|---|
| 1. Intent to transfer | Parent/guardian or learner (if of legal age) notifies receiving school | Receiving school must accept provisional enrollment (DO 54-2016). |
| 2. Request initiation | Receiving school registrar or principal signs a Request for Form 137 and sends it to the last school attended | Must cite learner’s LRN; student/parent ordinarily need not appear at releasing school. |
| 3. Verification & preparation | Releasing school validates identity, settles grade encoding in LIS, prepares Form 137 in the latest DepEd template | Must resolve any grade completion/remedial classes first. |
| 4. Transmission | Releasing school dispatches the record directly to the receiving school—sealed envelope or encrypted email if e-F137 | No fees may be collected; must be done within 30 days of request. |
| 5. Acknowledgment & filing | Receiving school logs receipt in LIS, files the physical copy, and notifies parent/guardian | Learner’s provisional status is updated to regularly enrolled. |
No-hold policy: Private schools may not withhold Form 137 because of unpaid tuition or property obligations; they may pursue collection administratively or judicially but cannot impede the learner’s right to transfer (Sec. 3, Art. XIV, 1987 Constitution; DO 88-1992 jurisprudence).
V. Content Integrity & Security Requirements
Format compliance: Use of the official DepEd PDF/Excel templates; handwritten entries allowed only when power or computer access is impossible.
Authentication:
- Principal’s signature (wet or digital) and dry seal.
- Page numbering or barcode if generated through LIS.
Tamper-evident packaging: Sealed envelope with signatory’s initials across the flap; for digital, a SHA-256 hash or DepEd’s e-signature certificate.
Retention and disposal: Schools retain Form 137 for 2 years after student’s graduation or transfer in active files, then move to archival storage for at least 10 years (DO 4-2014, Records Disposition Schedule), after which secure shredding or digital archiving is permissible.
VI. Special Situations
| Scenario | Governing rule / practice |
|---|---|
| Learner has no birth certificate | School may accept Joint Affidavit of Two Disinterested Persons and issue Form 137 bearing same provisional data; parent must submit PSA copy within school year (DO 1-2015). |
| Disaster or fire destroyed records | School reconstructs from class advisers’ records, School Form 9 (formerly Form 138), and LIS; Division Office may invoke Records Reconstruction Committee (DO 52-2007). |
| ALS passer entering formal school | Bureau of Alternative Education issues a Certification of ALS Equivalency which substitutes for elementary Form 137-A; a new Form 137-B begins upon Grade 11 admission. |
| International transfer | Philippine school may issue an English-language Form 137; notarisation and DFA apostille may be required by the receiving country. |
| Child in conflict with the law | Transfer to DepEd-run Bahay Pag-asa or Youth Detention Center school still follows DO 54-2016; confidentiality heightened under Juvenile Justice and Welfare Act (RA 9344). |
VII. Penalties for Non-Compliance
| Violation | Possible sanction |
|---|---|
| Refusal or inordinate delay in releasing Form 137 | Administrative: Reprimand to dismissal under the Revised Rules on Administrative Cases in the Civil Service (RRACCS) for public officials; civil damages in private schools. |
| Charging fees | Administrative liability; refund with 12 % legal interest; possible criminal estafa if done with deceit. |
| Disclosure of data without consent | Criminal: 1–3 years imprisonment and/or ₱500 k fine under Data Privacy Act; separate civil action for damages. |
| Tampering or falsification | Criminal: Art. 171/172, Revised Penal Code (Falsification of documents). |
VIII. Trends & Future Directions
- Full digitisation – DO 54-2016’s e-F137 is being expanded to cover private schools, enabling real-time pull of records once parents approve via a mobile app.
- Inter-agency interoperability – Planned linkage of LRN to PhilSys Number (PSN) to reduce duplicate identity records.
- Stronger data privacy controls – DepEd and the National Privacy Commission are crafting a Sector-specific Code of Practice for education records (draft released 2025).
- Blockchain pilots – Select Senior High Schools in NCR are testing blockchain-anchored learner credentials to prevent tampering and speed up overseas verification.
IX. Practical Checklist for School Administrators
Before transfer ☐ Verify grades encoded in LIS ☐ Generate latest Form 137 template ☐ Sign and seal / digitally sign
During transfer ☐ Record date of request ☐ Dispatch within 30 days (courier or LIS upload) ☐ File proof of transmission
After transfer ☐ Update LIS status ☐ Archive duplicate copy ☐ Shred working drafts containing personal data
X. Conclusion
Form 137 is more than an academic transcript; it is a legal instrument safeguarding every Filipino learner’s right to continuity of education, freedom of movement, and data privacy. Understanding—and faithfully complying with—the procedural and statutory framework summarized above ensures that schools, parents, and DepEd officials act in concert toward that constitutional mandate.