DepEd assures the public that the rights of children are protected

On September 20, 2019, the Assistant Regional Director and OIC of DepEd Region XI approved the recommendation of the Fact Finding Committee for the closure of the private schools operated by the Salugpongan Ta’Tanu Igkanogon Community Learning Center, Inc. (Salugpongan). This was received by the representative of Salugpongan on October 7, 2019.

The Resolution was condemned by the Save our Schools Network (SOS), which based on various website pages, is a network of organizations that includes Salinlahi Alliance for Children’s Concerns, Children’s Rehabilitation Center, Gabriela, Gabriela Women’s Party, ACT Teachers Partylist, ACT, Karapatan, Rural Missionaries of the Philippines, Student Christian Movement of the Philippines, Ibon International, Ibon, Association for the Rights of Children in Southeast Asia, and Salugpongan International. In its October 9 statement (https:// www.facebook.com/ saveourschoolsnetwork/ photos/ sosst r ongl y-condemns-t he-cl osur e-of-54salugpongan-lumad-schools-in-davaoregio/3091515984254076/), the network averred that “such move is tantamount to disenfranchisement of thousands of Lumad children to their right to education”and that Salugpongan was not given due process.

The Commission on Human Rights, through a statement by Commissioner Gwendolyn Pimentel-Gana on October 7, 2019, expressed “concern over the continued closure of Lumad schools in the Davao region”. She adds that protection of children from all forms of abuse and violence “should not come at the expense of their other rights, such as the right to education”. (See https:/ / chr.gov.ph/ statement-of-commission-on-human-rightscommissioner-gwendolyn-pimentel-ganaon-the-continued-closur e-of-lumadschools/ )

DepEd assures Commissioner Pimentel-Gana, whom we hold in high respect and regard, and the public, that its actions are guided by the interest of protecting the children, and always mindful that their right to education is upheld at all times. Our actions also accord due process to all concer ned.

Clarifying School Standards

The DepEd is mandated to regulate the establishment and recognition of private schools in the basic education level, which proceed from both the Constitution and relevant statutes. The operation of schools in basic education requires the prior authorization by DepEd, which for private schools is expressed by way of permit or recognition. As stated by the Supreme Court, this is “pursuant to the State policy that educational programs and/ or operations shall be of good quality and therefore shall at least satisfy minimum standards with respect to curricula, teaching staff, physical plant and facilities and of administrative or management viability”. (Based on Philippine Merchant Marine School, Inc. v. Court of Appeals, G. R. No. 112844, June 2, 1995.)

The authorization is subject to continuing regulation, which includes the authority to suspend or revoke any permit or recognition if a school falls short of the minimum requirements or any of the conditions for continuing recognition is violated by the institution.

The requirements for authorization and continuing permit or recognition include curriculum standards, teaching methods, records management, grading system, teacher qualifications, and school site and facilities. For private schools serving indigenous peoples learners where the site is within ancestral domain, the proof of ownership or possession must include an agreement between the learning institution and the IP community on the use of the property situated within the ancestral domain.

The curriculum standards must follow that which is set by DepEd. Presently, this is the K to 12 Curriculum. While certain flexibilities are afforded for IP schools to integrate indigenous learning, such flexibility does not extend to instruction of matters that are in contravention of law.

Certainly, allowing a school in basic education, catering mainly to minors, to be used for recruitment in armed insurgency violates the curriculum standards of DepEd.

DepEd emphasizes that the school standards are applied equally to all private schools.

Due Process is Being Observed Early in the year, DepEd received a report from Secretary Germogenes Esperon, Jr., seeking the closure of the Salugpongan upon the reasons, among others, that “some students were already taught to dismantle and assemble firearms”, and that “some students were not allowed to go home and they were controlled by the administrator and teachers of Sal ugpongan”.

The report by no less than the National Security Adviser is very serious. The Secretary exercised the prerogative to act directly on the matter, pursuant to the Secretary’s power of supervision and control over the Department under the Administrative Code of 1987, and directed the OIC – Office of the Regional Director to suspend the Salugpongan schools, pending investigation and recommendation on the matter by the Regional Direct or.

DepEd emphasizes that the suspension directed by the Secretary is not in the nature of a penalty. It was a precautionary measure for the protection of the students, pending the investigation and resolution of the matter by the Regional Office.

Commissioner Pimentel-Gana, in her statement, made mention of the recently enacted RA 11188, or the “Special Protection of Children in Situations of Armed Conflict Act”. Among the rights of children in situations of armed conflict is “to be protected from recruitment into government forces or armed groups and from participation in armed conflict… ”Armed groups are defined in the Act as “armed non-State actor or non-State entity engaged in armed violence against the State or its government forces or against other non-State armed groups, actors or nonState entities”.