“The enjoyment of academic freedom carries with it obligations, such as the duty to respect the academic freedom of others, to ensure the fair discussion of contrary views, and to treat all without discrimination on any of the prohibited grounds.” – Higher Education Act of 1994
Following a complaint filed by Teachers Certificate Program applicant Nina Patawaran filed last August 2011, the Commission on Human Rights (CHR), with the guidance of the Commission on Higher Education (CHED), has determined that DLSU denied the applicant of her right to education for not submitting her National Statistics Office (NSO) issued birth certificate.
Naturalized Filipino citizen
Under the De La Salle University Graduate School Admission Policy, applicants must present proof of citizenship among others, which include a transcript of records, the candidate’s certificate of graduation, a certificate of good moral character and five other requirements.
The admissions policy states that local applicants have to submit an original copy of their NSO birth certificate, while international applicants need to submit a photocopy of their passport information and current visa page. Hence, the Graduate School Admissions office asked for Patawaran’s NSO birth certificate.
Patawaran, being a former natural-born Filipino citizen who became a naturalized US citizen and eventually reacquired her Filipino citizenship, had opted to submit a photocopy of the personal info page of her unexpired Philippine passport with a promise that she would present her original passport to DLSU upon her return to the Philippines.
Patawaran argues that there are certain cases where bona fide Filipinos do not have NSO-certificates. She furthers, in her letter to the DLSU Graduate School Admissions, “Filipino citizens who gained their citizenship through naturalization after being born overseas to non-Filipino parents” do not have NSO birth certificates.
The stringent requirement of an NSO birth certificate also brought the question of its use. Patawaran posits though that if the NSO birth certificate would be used to establish the identity or citizenship of an individual, a Philippine passport should be enough to prove a person’s citizenship.
Denial
Subsequent to Patawaran’s email complaint to the DLSU Graduate School Admissions, the Admissions Office had denied her admission in accordance with the policy, but acknowledged that the issue would be brought up to the Admissions Committee.
In response to the recommendation, Patawaran consulted Professional Regulation Commission (PRC) Chairperson Hon. Teresita R. Manzala and CHED Chairperson Dr. Patricia B. Licuanan on the matter.
On April 2011, Patawaran received an acceptance email, which was subsequently retracted on August 2011 because of the applicant’s refusal to comply with the NSO certificate requirement, which she deemed, “disrespectful of her and other Filipinos’ civil rights.”
In an interview with The LaSallian, former DLSU President and Chancellor Br. Jun Erguiza FSC who handled the case along with the University legal counsel, explains, “I consider the work of the registrar as an important work that sticks to the policies. No exceptions. And if there are, it must be brought up. The CHR asked us to reconsider. I don’t think it’s a question of justice. It is a question of consideration and a tint of non-discrimination.”
A letter from Br. Jun addressed to Patawaran furthers, “it is given to institution of higher learning the academic freedom to determine who shall be admitted to the study and the requirements for submission.”
Implications
As of press time, the University is in the process of changing the admissions policy. Incumbent DLSU President and Chancellor Br. Ricky Laguda FSC explains that the University has sought to address the issue.
According to Br. Ricky, University Registrar Edwin Santiago is currently handling the matter. Should the University disregard the recommendation of the CHR, Patawaran explains that the commission would have asked the courts to compel DLSU to change the “discriminatory policy.”
As per the notations in the last page of the CHR memorandum, both the Department of Education (DepEd) and the CHED received a memo regarding the incident, which has been deemed of nationwide importance.
The CHR has instructed educational institutions to accept Philippine passports as valid proof of citizenship and identity.
Pursuing studies at DLSU
While Patawaran remains eager to enter DLSU, she has chosen to wait for the University to address the admissions policy issue.
Patawaran has long had partnerships with the University. She currently has a personal collection of children’s books on least at the Library.
