A challenge to Brother Luistro – 3,000 ‘colorum’ schools and still counting

During the 1986-1992 governance of President Corazon C. Aquino, the Department of Education was addressed as the Department of Education, Culture and Sports, and was headed by Dr. Lourdes Quisumbing.

During a radio interview of the new secretary of the “Cory Cabinet”, Dr. Quisumbing was asked how much corruption exists in the DECS. She replied, “It’s all over. When they are removed, I may not even have a skeleton force.”

Atty. Ulan Sarmiento of the Sarmiento, Delson, Dacanay, Resurrection Law office, has just ended his term as congressman under the A-Teacher Party list. He is now dean of the College of Law in San Beda College, Alabang. Atty. Sarmiento states here the Education Laws since the Commonwealth Era, which protects the rights of the Filipino citizen to quality education.

From Commonwealth Act No. 180 to 2011 – Revised Manual of Education Act 1982

It came as an incredible shock to me when I woke up last June 7 and read one of our country’s major newspapers brandishing a disturbing headline about the existence of 3,000 colorum schools. I am not exaggerating — THREE THOUSAND schools that have been established and operating, presumably for several school years now, without the required permit and / or recognition from the Department of Education! More distressing, as it appears from the new item, is the fact that the DepEd is tolerating such. DepEd Assistant Secretary Jesus Mateo even admitted that “out of the 10,797 private elementary and high schools nationwide, 25 percent or 3,000 have been found to be operating without any form of permit, recognition, or accreditation.”

This is clearly a troubling state of affairs because it is clear in the Education Act of 1982 (Batas Pambansa Blg. 232), specifically Section 27 thereof that “the educational operations of the schools shall be subject to PRIOR authorization of the government xxx.” Section 28 of the 2011 Revised Manual of Regulations for Private Schools in Basic Education even provides that “educational institutions can undertake educational operations only when so authorized by the Department. Consistent with national educational policies, plans and standards, the Regional Director concerned shall have authority, accountability and responsibility for approving the establishment of private pre-school, elementary and high schools and learning centers.”

Empowerment of DepEd Secretary to supervise, inspect and regulate all schools

This authority to grant a permit or recognition to open and operate private schools is in accordance with Section 4(1) of Article XIV of the 1987 Constitution, which states that — “The State xxx shall exercise reasonable supervision and regulation of all educational institutions.”

This constitutional mandate is bolstered by Act. No. 2706 (as amended by Act No. 3075) and Commonwealth Act No. 180 Empowers the DepEd Secretary to supervise, inspect and regulate all schools and colleges and prescribed the necessary rules governing their operations. Under the pain of redundancy, I reiterate, no institution must be established and operated as a school without prior government authorization.

In the case of Hon. Isidro Cariño, et al. vs. Hon. Ignacio M. Capulong, the Supreme Court ruled that — “Under Batas Pambansa Blg. 232 and its Implementing Rules and Regulations, the establishment and operation of schools are subject to the prior authorization of the government. And, as sanctions for operating without government permit, the DECS is authorized either to impose the total closure of the school and / or to disqualify the school from conferring title or degree in the non-recognized program or course of study.”

The state obligation and sanctions under ‘parens patriae’

By requiring prospective schools to secure a permit before operating, the State ensures their compliance with at least the minimum standards set by the DepEd: The State is obliged to do this because, as parens patriae (the guardian of people’s rights), it must protect and promote the constitutional right of every citizen to quality education.

This constitutional mandate takes its position in the apex of social priority, in such a manner that a violation of the same would give rise not only to an administrative action against the violator, but could also be the basis for a criminal liability. Thus Section 68 and 69, also of the Education Act of 1982, and Section 12 of Act 2706 as amended, cite the following as subject to civil liability, as well as administrative sanctions: a) Unauthorized operation by any school of educational programs or course of study; b) Unauthorized operation of a school branch or extension, whether locally – or foreign-based; c) Unauthorized operation of any entity presenting itself as a school when it is not legally established as such; d) Unauthorized issuance of any certificate, degree, or other title by a school without prior issuance by the Department of a permit or authority; e) Unauthorized offering of any program or course of study by any entity or institution without prior issuance by the Department of a permit or authority.

Any person convicted for any of these violations shall be punishable with a fine of not less than P2,000 or more than P10,000 or imprisonment for a maximum period of two years, or both, at the discretion of the court.

DepEd’s tendency to pass the buck to parents

In light of all the laws in place, it is baffling why the DepEd, knowing the existence of these “colorum” schools, has not acted with dispatch based on its mandate and constitutional responsibility, and order the immediate closure of these erring schools and instituting the necessary criminal action against the owners and / or the school heads.

The same news item stated that the DepEd simply issued a warning giving these colorum schools a period or a deadline “to secure the permits; otherwise face closure.”

What is even more pathetic is that the DepEd now advises parents to “sue the private school for violating the regulations for operating their business.” Instead of initiating the outright closure of these schools and the filing of the necessary administrative and criminal charges against the persons responsible, the DepEd has the audacity to pass the buck to the innocent hapless parents.

I am not mincing words. DepEd is guilty of gross neglect of its constitutional and moral duty to ensure the rights of the Filipino citizens to quality education to “exercise reasonable supervision and regulation of all educational institutions.”

Can Secretary Luistro intensify CHED Secretary Licuanan’s fight against unauthorized schools?

Unless the DepEd abandons this pragmatic approach to the proliferation of colorum schools, it will become a bane to the already sorry state of education in the Philippines. It should be more vigilant and decisive in acting on reported cases of the existence of “colorum” schools by immediately initiating its police power to close the schools and institute criminal cases against the owners. If the DepEd becomes more pro-active rather than reactive, the practice of individuals putting up schools and bothering with the important legal requirement of acquiring a permit only after DepEd has “warned” them, will not persist. –Preciosa S. Soliven (The Philippine Star)