Saturday, April 4, 2009

Children of Single Parents cannot enroll in some Catholic Private Schools: Marriage Certificate a requirement prior to enrollment

Children of Single Parents cannot enroll in some Catholic Private Schools: Marriage Certificate a requirement prior to enrollment
By: Gabriel Pineda


I. Introduction

“Ang pag aaral ay karapatan ng bawat pilipino” this phrase may be considered to be a cliché, but it is true. Even the Constitution, which is the highest law of the land, promises it. In our own country we know that being able to study is considered to be a privilege that everyone cannot get, but this are mainly from financial, geographical, and physical reasons. These reasons are tough enough to deal with, but there are still some unfortunate circumstances that hinder the chance of some people getting into schools.

Last February 17, an article titled “Catholic schools and unmarried parents” was released by the Philippine Daily Inquirer. The article contained unusual information, it talked about that some catholic private schools require a marriage certificate for admission.

Importance of Education

Education, according to the Merriam-Webster dictionary, means the action or process of educating, the knowledge and development resulting from an educational process or the field of study that deals mainly with method of teaching and learning in schools . According to Gaston Mialaret educations is understood to be “all activities by which a human group transmits to its descendants a body of knowledge and skills and a moral code which enable that group to subsist.” The definition of education is too broad and it may have many meanings, but one thing is for certain, education includes ones experience, knowledge, wisdom and other things that we learn in our lives and is passed to another human being.

Education according to Gatson Mialaret, “should be based on the principles of liberty, morality an human solidarity. Education should be directed towards preparing every person to attain a decent life, to raise his standards of living and be a useful member of society-all within the context of equal opportunity.” “Ang kabataan ang pag asa ng bayan” one of the famous lines that our national heroes said, he believed in the children of our nation. But in order achieve this we must give our children of today a fitting education which will equip them to face the challenges of tomorrows world, for which they will be responsible, and which will, in any case, be fundamentally different from the one we know. Through education, we could acquire new impetus that can help us achieve the needs and capabilities not only of our time but of the future as well.

Education is important for all countries; it is the root of leaders and it is imperative to the success of all nations. Education is a powerful instrument that can shape the future of a state, we Filipinos are witnesses of how influential can education be. Doctor Jose Rizal our national hero who used his books and writings to inspire a revolution, which in turn freed us from our colonization. Without education he cannot have accomplished any of his triumphs and so can we.


Purpose of Schools

According to Batas Pambansa 232, schools a re defined as
“Schools,” or institutions recognized by the State which undertake educational operations.”

According to Section 4, paragraph (l) of Republic Act No. 9155(Governance of Basic Education Act of 2001) a school
“Is an educational institution, private and public, undertaking educational operation with a specific age-group of pupils or students pursuing defined studies at defined levels, receiving instruction from teachers, usually located in a building or a group of buildings in a particular physical or cyber site”

Knowing what education can and will provide to a person and the state, our own Government made its intentions clear by providing laws that will ensure the education is accessible to all. One of these laws is Article XIV, Section 4 ( l ) of the 1987 Constitution, which recognizes the roles of public and private institutions in promoting education. These institutions are schools, which are instruments of dispersing knowledge.

The state is clear and more than interested in providing our people with first-rate formal education because it is mandated to protect and promote the right of all citizens to quality education at all levels. And it is through schools the education is to be provided to the people. By giving minimum requirements and standards to schools, the Government may be able to achieve this aspiration.

Through schools, education is best taught and passed to students enrolled in their respective institutions. Schools are the epicenter of knowledge, because the institutions offer the best ambiance for studying, the facilities present like libraries, gymnasiums and other facilities, books and other instruments for studying, teachers and professors who pass their knowledge and experience to the students and lastly the curriculums and courses offered to give the necessary knowledge needed to be a responsible and progressive individuals.






II. Body
Rights to Education

According to Article II, Section 17 of the 1987 Constitution,

“The State shall give priority to education, science and technology, arts, culture, and sports to foster patriotism and nationalism, accelerate social progress, and promote total human liberation and development.”

Article XIV, Section 1 of the Constitution states that;
“The State shall protect and promote the right of all citizens to quality education at all levels, and shall take appropriate steps to make such education accessible to all.”

Article XIV, Section 4(1) of the Constitution state that;
“The State recognizes the complementary roles of public and private institutions in the educational system and shall exercise reasonable supervision and regulation of all educational institutions.”

These articles are proof of how the State recognizes the importance of education to the development and progress of our country. That is why these laws were provided, it is to ensure that all citizens of the state to have the right to education, not just education but quality education. As seen in the above articles, these laws are embedded to the highest law of the land, which is the Constitution. Specifically Article XIV, Section 1 of the Constitution stated “The State shall protect and promote the right of citizens to quality education…” the right of citizens to quality education, the state shall not only protect and also promote this right.

It is the right of every citizen of the Philippines to have a quality education, but unfortunately even though the Constitution ensures it, it is not accessible to all because of financial, geographical, physical hindrances and other reasons. That is why the state “shall take appropriate steps to make such education accessible to all” , steps like giving low cost or sometimes free education to elementary and secondary education, reducing cases of discrimination and other acts of the Government in making the access to education easier.

Catholic Schools Defeating its own Purpose

According to the Catholic Educational Association of the Philippines
“The CEAP is commissioned to advance and promote the teaching function of the Catholic Church”.

And the mission of the CEAP is to be “An Association, which upholds quality Catholic education in the spirit of communion and service, guided by Gospel values and teachings of the Roman Catholic Church.”

While the a part of the fundamental principles of CEAP is the following,

“Guidelines regarding religious education in the Catholic schools in the Philippines are founded on the principle that the teaching of religion / theology should be the distinguishing mark of a Catholic school. Thus John Paul II writes: "The special character of Catholic schools… is precisely the quality of religious instruction integrated into the education of the pupils”

Providing education is the main purpose of schools, but what separates catholic schools from other schools? It is the promotion of Catholic and religious teachings and instilling it as the foundation of its principles and values, which they integrate to the students. Catholic teachings are based from the bible, which are the experience of Jesus while he still on earth and other teachings of God through his chosen writers.

Is discrimination one of the teachings? God did not discriminate, I believe and I know that God did not.

Schools should not look for students based on their age, sex, race, religion, social status, or any other discriminatory requirements especially not for being the child of a single parent. They should look for the personal academic performance of the child and if there are any problems, it is the duty of the school to help the child for his/her problem if they can do so.

Single-Parents and their Children

Being a single parent is not an easy task and so is being their offspring. Being a single parent presents many struggles like, financial challenges, being a single parent he/she is the only one who will earn and provide for the needs of the children. Gender issues, being a single mother it will be hard for her to teach his sons about men issues and what dads would usually talk about and for single fathers, they would have a hard time discussing female issues with their daughters. Time management, it will be hard for the single parent to manage their time because they have so many things to do, like doing house-hold chores, going to work, having bonding time with their children and so fort and so on. The hardest part is, they may not find the time to rest and look after their children. In the end, both of them will suffer due to the lack of time being together.

Most single parents are women, this is because first they are the ones who are carrying the child in their womb for nine months and if unfortunately they got pregnant before getting married there is a possibility that the man will not marry the woman, leaving her to be a single parent, second in cases of separation of parents if the child is of young age, the mother will be the one who will have custody of the children and other factors may be of being a single parent are of equal chances like being widowed, separation of parents where the children are of age and other factors.

Being the child of a single parent is hard, you know the feeling when two parents are picking up one your schoolmates and you remember that you only have one? You know how it feels, and it is not a good feeling. Being the child of a single parent takes a toll in the child, most often than not the child tends to get rebellious, get into trouble and develop bad habits. This may be attributed to the lack of time the parent spends to his/her child, the guidance that the children should have from the parent was focused on earning money because he/she is alone

Regulatory Powers of Private Schools

According to Article XIV, Section 4(1) of the Constitution
“The State recognizes the complementary roles of public and private institutions in the educational system and shall exercise reasonable supervision and regulation of all educational institutions.”

This section of the Constitution recognizes the roles of public and private institutions in helping the people get quality education. But this same section limits the Government authority over private schools to “reasonable supervision and regulation.”
According to Fr. Joaquin Bernas the word “reasonable” was deliberately added to emphasize that the state has no power of control over schools. “Supervision on the other hand, was defined as an officers power to ensure that his subordinates perform their duties. While the Supreme Court declared that the term “regulation” is not synonymous with “suppression” or “prohibition”

The regulatory powers of the state on private schools to “reasonably supervise and regulate” are limited only to ensuring the schools compliance with the minimum requirements. It does not have the authority to suppress or prohibit the establishment and operation of schools except for clear non-compliance with the manuals criteria. And according to the Manual of Regulations of Private schools “The State’s power of reasonable supervision and regulation over schools extends to the prescription of regulations for buildings, equipment, financial conveniences, courses of study or training, the minimum scholastic and training standards, and the qualifications of teachers at all levels, etc.” The State may also prohibit the teaching of doctrines contrary to Government security.” The State may also suppress or prohibit schools that clearly show non-compliance with the manuals criteria and if it’s explicitly against the laws of our country, through Commission of Higher Education and Department of Education.
III. Conclusion

The state recognizes the importance of education and schools in the development of our country. And it gives every citizen of the Philippines the right to education the Constitution is clear about it. It also promises that it will do everything that it can to make it accessible to all.

But an unfortunate situation is present in some Catholic Private Schools in our country; they require a marriage certificate prior to enrollment. Making it impossible for the children of single parents to enroll to their school. Being a Catholic in character they should not discriminate especially in cases of students with single parents. Single parents and their children should not be made to undergo these kinds of discrimination; they are already going through many hardships. And in most cases, the women are the ones left to be the single parent.

Even though our Government is promising the right of education to every citizen through schools, it only has limited regulatory powers over private schools. The state can only “exercise reasonable supervision and regulation” and this is limited only to ensuring the schools compliance with the minimum requirements. And this does not include the regulating of discriminatory requirements of the school.



IV. Recommendation

Bearing in mind the lack of regulatory powers of the Government in private schools, there should be an amendment in the laws regarding private schools. There should be a law that prohibits any kind of discrimination included in the Manual of Regulations of Private Schools, even if in small cases; the ideal scenario is to have every person enjoy equal opportunities

Furthermore, the regulatory powers that the Government has should be amplified, in order to promote the good services that the law promises. Laws changed, added or removed for the better good of the country and its people is only half of the process, of course the implementation should be as good as the laws, if not, it is only as good as tree without fruit nor shade.

“Ang kabataan ang pag-asa ng Bayan” our national hero believed that the children of our country will be the ignition that will spark the change for our country. But without education and the chance to be educated, all of this is in vain.

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