TO: San Beda College of Law (Manila)

FROM: Art Luciene G. Fuentes 1-J

Questions Presented:

The College of Law faces the following questions. Supposing that transgenders
want to apply as students in the College of Law of a Benedictine University, considering
their gender identities, can the school refuse to accept their gender identities? What
legal risks may be imposed upon the administrators/[administratrix] if they refuse to
accept students based on their gender identities? Finally, what courses of action and
measures must be taken by the said educational institution?
Short Answers:
To begin with, I propose that the San Beda College of Law must cope with the
changes to some extent. Firstly, the College of Law cannot refuse to accept their gender
identities. Secondly, the administration/administration will violate the equal protection
clause and the Safe Space Act. Thirdly, the handbook must be amended in conformity
with the Safe Space Act and the Use of Fair Language.
Facts:
As time passes by, society evolves hence more complex questions regarding
established social notions arise. Nowadays, one of the pressing issues among scholars,
politicians, and rights advocates is gender equality. Such a paradigm shift is because
society is becoming more open to the rights of the LGBTQ community. Recognition of a
person’s right to gender equality is manifested in the Constitution “The State recognizes
the ‘role of women’ [sic] in nation-building and shall ensure that fundamental equality
before the law of women and men.” (1987 Constitutional, Article II, Section 14) and in the
statute “It is the policy of the State to value the dignity of every human person and
guarantee full respect for human rights” (Safe Space Act).
Discussion:
The Constitution grants everyone protection against gender discrimination. In
Section 14 Article II, it is expressly stated that “the State recognizes the role of in nation-
building and ensure the fundamental equality before the law of women and men. Also, in
Section 11 of the same article, “the State values the dignity of every human person and
guarantees full respect for human rights.” Hence, if the institution refuses to accept
students’ gender identities, then, it would be in contravention of the Constitution.
Moreover, the right of the students regardless of gender is guaranteed by the
Article XIV, Section 1, of the 1987 Constitution provides that, "The State shall protect
and promote the right of all citizens to quality education at all levels and shall take
appropriate steps to make such education accessible to all." However, it is profound in
the DECS v. San Diego case, “that such a constitutional right is not absolute. It is because
Article XIV, Section 5(3) of the Constitution also provides “every citizen has the right to
choose a profession or course of study, subject to fair, reasonable and equitable
admission and academic requirements.” Nevertheless, there is nothing in the
administration manual or in the student handbook which provides admission and
academic requirements about gender identity.
The administration cannot also invoke its right to refuse acceptance of
transgender students merely because San Beda is a catholic school owned by the
Benedictines. The Canon Law as well as the Rule of St. Benedict are silent regarding the
matter. The former only provides in Can. 807 that “the Church has the right to erect and
direct universities, which contribute to a more profound human culture, the fuller
development of the human person, and the fulfillment of the teaching function of the
Church.” Furthermore, Can. 803 §2 states that “the instruction and education in a
Catholic school must be grounded in the principles of Catholic doctrine; teachers are to
be outstanding in correct doctrine and integrity of life.” Furthermore, the scholars of the
Church have divided views in interpreting the doctrine regarding homosexuality.
Certainty regarding the matter has not yet been attained. However, Cardinal Ratzinger
sets out the real meaning of the human person regardless of heterosexual or homosexual
attraction when he wrote,
The human person, made in the image and likeness of [the Creator], can hardly be adequately
described by a reductionist reference to his or her sexual orientation. Everyone living on the face of the
earth has personal problems and difficulties but challenges to growth, strengths, talents, and gifts as
well. Today, the Church provides a badly needed context for the care of the human person when
[she]refuses to consider the person as a "heterosexual" or a "homosexual" and insists that every person
has a fundamental Identity: the creature of {the Creator], and by grace, {his} child and heir to eternal
life.1

The latter, in Chapter IV- What are the instruments of [the Creator’s] works [The
Rule of Saint Benedict} provides “to honor all men.” [sic] This means that even the said
rule honors the dignity of the person regardless of his or her gender.
Nevertheless, it is important to note that the jurisprudence states “When a school
accepts students for enrollment there is established an implied contract between them,
resulting in bilateral obligations, which the parties are bound to comply with. For its part,
the school undertakes to provide the student with an education that would presumably
suffice to equip him with the necessary tools and skills to pursue higher education or a
profession. On the other hand, the student covenants to abide by the school’s academic
requirements and observe its rules and regulations.2 Therefore, the San Beda College of
Law should not refuse to accept students based on their gender identities, however,
transgender students cannot wantonly exercise their rights inside the campus once they
are accepted.

1
Letter to the Bishops of the Catholic Church on the Pastoral Care of Homosexual Persons, no. 16.
2
(Phil. School of Business Adm. vs. Court of Appeals, 205 SCRA 729 [1992]; see Soliman, Jr. vs. Tuazon, 209 SCRA 47
[1992].)
 The San Beda College of Law might face legal risks by violating the equal
protection clause and the Safe Space Act. The former states, “No person shall be
deprived of life, liberty, or property without due process of law, nor shall any person be
denied the equal protection of the laws.” The latter provides a penalty for sexual
discrimination that is:
Section 23. Liability of School Heads. — In addition to liability for committing acts of
gender-based sexual harassment, principals, school heads, teachers, instructors,
professors, coaches, trainers, or any other person who has authority, influence, or moral
ascendancy over another in an educational or training institution may also be held
responsible for:
(a) Non-implementation of their duties under Section 22 of this Act, as provided in the
penal provisions; or
(b) Failure to act on reported acts of gender-based sexual harassment committed in the
educational institution.
Any person who violates subsection (a) of this section, shall upon conviction, be
penalized with a fine of not less than five thousand pesos (₱5,000.00) nor more than ten
thousand pesos (₱10,000.00).
Any person who violates subsection (b) of this section, shall upon conviction, be
penalized with a fine of not less than ten thousand pesos (₱10,000.00) nor more than
fifteen thousand pesos (₱15,000.00).3
It is because, in Section 22 of the said Act, the school has the duty to:
(a) Disseminate or post a copy of this Act in a conspicuous place in the educational
institution.
(b) Provide measures to prevent gender-based sexual harassment in educational
institutions, like information campaigns.
(c) Create an independent internal mechanism or a CODI to investigate and address
complaints of gender-based sexual harassment
Hence, the act of refusing acceptance of transgender students constitutes a
violation of the said law. The administration of the College of Law must comply with this
law especially because the institution itself represents the formation of the virtue of
Justice. This is by the legal maxim that “we are a government of law and not of men.”
[sic]
Finally, the institution must update the student and administrative handbook. The
purpose of the amendment is to make sure that no sexual discrimination will be
tolerated, thus, making education truly accessible to those who are worthy. In line with

3
REPUBLIC ACT No. 11313
the Safe Space Act,4 the College must comply with the requirements provided in Section
22 [c]:
(c) Create an independent internal mechanism or a CODI to investigate and address
complaints of gender-based sexual harassment which shall:
(1) Adequately represent the school administration, the trainers, instructors, professors
or coaches, and students or trainees, students, and parents, as the case may be;
(2) Designate a woman as its head; not less than half of its members should be women.
(3) Ensure equal representation of persons of diverse sexual orientation, identity, and/or
expression, in the CODI as far as practicable.
(4) Be composed of members who should be impartial and not connected or related to
the alleged perpetrator.
(5) Investigate and decide on complaints within ten (10) days or less upon receipt.
(6) Observe the due process.
(7) Protect the complainant from retaliation; and
(8) Guarantee confidentiality to the greatest extent possible.
(d) Provide and disseminate, in consultation with all persons in the educational
institution, a code of conduct or school policy which shall:
(1) Expressly reiterate the prohibition on gender-based sexual harassment.
(2) Prescribe the procedures of the internal mechanism created under this Act; and
(3) Set administrative penalties.

Therefore, the courses of action and measures to be taken by the said educational
institution may include but not be limited to:

Add the notion of promoting gender equality to the Mission and Vision and
Special Objective of the College of Law
b) Include Sexual or Gender Discrimination in the punishable or sanctionable
action in the institution
c) Include in (Art. 3 Part 1. Qualifications and Rankings- Professors’ Engagement
with Students)- that a professor must instill in his or her students the value of
respecting the principle of gender equality.

4
Ibid
 d) Update the Committee on Decorum and Investigation in line with
Section 22 Article IV of I (Safe Spaces Act, Republic Act No. 11313, [April 17,
|||

2019])
e) Reiterate (in the handbook) in the section regarding Admission that no gender
discrimination/qualification must be allowed in accepting students
f) Create a Special Office to Handle cases of Sexual Harassment following Article
IV Section 21 of the Safe Space Act.
g) Add a section in the Handbook regarding Online Class guidelines in line with
Article II of the Safe Space Act.
h) Bestow Power to the Law Student Government to enforce and promote
Gender Equality (e.g create events regarding Gender Equality Campaigns and
Information Dissemination regarding the same)
i) Amend Rules of Conduct Article 7. Dress Code particularly Section 4 to allow
cross-dressing on some occasions in the school (e.g graduation, masses, parties).
HOWEVER, students must be properly dressed during classes (in preparation for
law practice inside the courtroom.)
j) Coordinate with the Alumni to recognize and campaign for Gender Equality
k) Amend the phraseology of the handbook in conformity with the intention of
OCA Circular No. 55-2022 or the use of gender-neutral terms.
l) The COL website advertising image of students must include a man, woman,
and homosexual to make an impression that all sexual orientation is accepted in
the College of Law.
Conclusion:
San Beda Manila College of Law is one of the most prestigious Catholic schools in the
Philippines. For many years, it is known as the breeding ground of the greats. According
to the chart of Bar results from past to present, San Beda is always included in the top-
performing schools. Now, in the 2022 Bar examination, the university landed as the top
one in the overall passing rate of the new candidates with 97.58%—commanding
headline attention. This can be maintained if “no” gender discrimination shall forever be
allowed.