Transferring students to a public school

Dear PAO,

My children were previously enrolled in a private school, but due to the financial impact of the recent pandemic and the continued decline of our business, we were forced to transfer them to a public school. We even had to write a promissory note to the private school because we couldn't settle the remaining tuition fees. When we requested for the issuance of our children's report cards to complete their transfer, I was surprised to be informed that the school would withhold these documents until the outstanding fees were fully paid. Does the school have the power to withhold my children's transfer credentials?

Rich

Dear Rich,

We regret to inform you that the private school may withhold your children's credentials until settlement of their unpaid tuition fees. The authority of schools to withhold their students' credentials due to non-payment of financial obligations is expressly recognized in Sections 127 and 128 of Department of Education (DepEd) Order 88, Series of 2010, or the 2010 Revised Manual of Regulations for Private Schools in Basic Education:

«Section 127. Transfer of Students and Transfer Credentials. A pupil or student enrolled in one school is entitled to transfer to another school, provided he has no unsettled obligations with the school he was enrolled in. xxx

»Section 128. Withholding of Credentials. The release of the transfer credentials of any pupil or student may be withheld for reasons of suspension, expulsion or nonpayment of financial obligations or property responsibility of the pupil or student to the school. The credentials shall be released as soon as his obligation shall have been settled or the penalty of suspension or expulsion lifted. xxx"

Thus, it is clear from the above that private schools may lawfully withhold their students' transfer credentials for the reason of nonpayment of financial obligations to the school. However, this does not mean that you will not be able to transfer your children in a public school. DepEd Order 03, Series of 2018 or the Basic Education Enrollment Policy, provides that:

«C. Temporary Enrollment

»Transferees from public and private schools in the Philippines who failed to submit