Court denies stay order petition on sex education in elementary, high school

THE QUEZON City Regional Trial Court (RTC) has junked a petition seeking to stop the implementation of sex education in elementary and high school.

In an order last June 28, Judge Rosanna Fe Romero-Maglaya, presiding judge of Quezon City RTC Branch 88, denied the petition of Jo Aurea M. Imbong, defeated Ang Kapatiran senatorial candidate, and 23 parents for a temporary restraining order (TRO) to be issued on Department of Education (DepEd) Memorandum 26, Series of 2005, which directs the integration of sex education in the curriculum of Grades 5 an 6 and all high school levels.

“Evaluating the respective positions argued by the parties, the court finds that the issuance of a [TRO] is not justified,” Ms. Maglaya said.

In their petition, Ms. Imbong and the parents said former Education secretary Mona D. Valisno and Undersecretary Ramon C. Bacani committed grave abuse of discretion in issuing the memorandum, which they claimed violated Article II, Section 12 of the Constitution that states the “sanctity of family life,” among others.

They claimed the memorandum will start a program to be funded by United Nations Population Fund, which adopted the definition of International Conference on Population and Development Program of Action in reproductive health that includes the right of people “to have a satisfying and safe sex life.”

But Ms. Romero-Maglaya said the petitioners failed to present a clear reason for granting a TRO.

“The petitioners failed to show their clear and unmistakable right alleged to have been violated to entitle them to the relief prayed for,” she said.

Ms. Romero-Maglaya sided with the DepEd when it said that sex education is still under consultation, and is yet to be pilot-tested in schools.

“None of the petitioners were able to show that their children who may be the subjects of the assailed program, are students of said pilot schools,” she added.

Ms. Imbong declined to comment, saying she has yet to receive a copy of the decision.

Ms. Valisno had said that sex education will be pilot-tested in 80 public elementary and 79 high schools nationwide this school year. She welcomed the court’s decision.

“I would give him the modules for him to review it, and discuss them with the experts,” Ms. Valisno said, referring to Bro. Armin A. Luistro, who officially took over the Education portfolio yesterday.

Meanwhile, the court is still hearing the petition for preliminary injunction included in the class suit. — Prinz P. Magtulis, Businessworld