The Legality of Withholding Transcripts of Records (TOR) for Board Exam Purposes

Is it legal for schools to withhold transcripts of records (TOR) to manipulate board exam passing rates?

In the Philippines, withholding transcripts of records (TOR) for the purpose of manipulating board exam passing rates raises significant legal and ethical issues. The practice can infringe upon the rights of students and contradict educational policies aimed at promoting fairness and equal opportunity.

Student Rights and Educational Policies

Under Philippine law, students have the right to access their academic records. This is enshrined in several legislative frameworks and regulations, such as the Education Act of 1982, which mandates that educational institutions must release students' academic records upon request, provided that all academic and financial obligations are fulfilled.

Commission on Higher Education (CHED) Regulations

The Commission on Higher Education (CHED) has clear guidelines regarding the issuance of transcripts and other academic records. According to CHED Memorandum Order No. 23, Series of 2010, schools are required to release official transcripts and certificates of graduation to students who have met all the necessary requirements. This includes the completion of academic units and the settlement of any outstanding fees.

Legal Implications

1. Violation of Student Rights: Withholding TORs to control board exam outcomes undermines the rights of students to their academic records. This practice can be seen as a form of coercion, infringing on the students' ability to pursue further education or professional certification.

2. Administrative Sanctions: Schools that engage in this practice may face administrative sanctions from CHED. Such actions can be reported by affected students, leading to investigations and potential penalties against the institutions involved.

3. Civil Liabilities: Affected students may seek legal recourse through civil actions for damages resulting from the withholding of their academic records. This can include compensation for lost opportunities, such as the inability to take board exams, which could delay their professional careers.

4. Ethical Concerns: Ethically, manipulating board exam results by withholding TORs compromises the integrity of the educational system. It reflects poorly on the institution's commitment to providing quality education and supporting their students' professional development.

Addressing the Issue

Students who encounter such practices should:

1. File a Complaint: Report the issue to CHED or the appropriate educational authorities. CHED has mechanisms in place to handle complaints and can enforce compliance with its regulations.

2. Seek Legal Assistance: Consult with legal professionals to explore possible actions against the institution. This can include filing a lawsuit for the release of the TOR and claiming damages.

3. Public Awareness: Raise awareness about the issue through student organizations and social media. Highlighting such practices can prompt public scrutiny and encourage other affected students to come forward.

In conclusion, withholding transcripts of records for the purpose of influencing board exam passing rates is both legally and ethically questionable. Educational institutions must adhere to CHED regulations and uphold the rights of students, ensuring that all students have equal access to their academic records and opportunities for professional advancement.