Naipaliwanag na ng Supreme Court ang relationship ng school at ng estudyanteng enrolled dito.
Ayon sa Korte, may reciprocal contractual relationship sa pagitan nila.
Ibig sabihin- ang estudyante at school ay parehong may karapatan at obligasyon sa isa’t isa:
“The school undertakes to provide students with education sufficient to enable them to pursue higher education or a profession. On the other hand, the students agree to abide by the academic requirements of the school and to observe its rules and regulations.
The terms of the school-student contract are defined at the moment of its inception — upon enrolment of the student. Standards of academic performance and the code of behavior and discipline are usually set forth in manuals distributed to new students at the start of every school year. Further, schools inform prospective enrollees the amount of fees and the terms of payment.”Supreme Court
Obligasyon ng school na bigyan ng edukasyon ang estudyante;
Pero, obligasyon rin ng estudyante na kumpletuhin ang academic requirements, sundin ang rules and regulations ng school, at bayaran ang angkop na tuition fees. Ayon sa korte:
“[S]tudents expect that upon their payment of tuition fees, satisfaction of the set academic standards, completion of academic requirements and observance of school rules and regulations, the school would reward them by recognizing their ‘completion’ of the course enrolled in.”
Kung hindi makumpleto ng estudyante ang obligasyon nito, hindi rin maipipilit ang school na i-recognize ang completion ng kurso.
Sa CHED Manual of Regulations for Private Higher Education , kinikilala rin ito:
“Section 83. Right to Enroll Until Graduation. — xxx
Except in cases of academic delinquency; violation of rules and regulations of the institution; failure to settle due tuition and other school fees, and other obligations… a student who qualifies for enrollment shall qualify to stay for the entire period for which he is expected to complete his program of study in the institution…”CHED Manual of Regulations for Private Higher Education
Sa Manual, pinapayagan ang school na i-withhold ang credentials o final grades ng estudyante, kung ‘di pa complied ang financial obligations:
“Section 98. Withholding of Credentials. The higher education institution, at its discretion may withhold the release of the transfer credentials of a student who has outstanding financial or property obligations to the institution, or is under penalty of suspension or expulsion. The transfer credentials shall be released upon settlement of the obligation, or after the penalty of suspension is served or expulsion lifted.”
“Section 99. Denial of Final Examinations; Withholding of Grades; and Refusal to Re-enroll. — No higher education institution shall deny final examinations to a student who has outstanding financial or property obligations, including unpaid tuition and other school fees corresponding to the school term. However, the institution may withhold the final grades or may refuse re-enrolment of such student. Provided, that, in case of withholding of final grades, the final grades are duly recorded and submitted to the Registrar together with the final grades of the rest of the students in the prescribed form.”CHED Manual of Regulations for Private Higher Education
Kung hindi makumpleto ng estudyante, masasabing may basehan na gawin ng school ang nabanggit sa tanong.
Ang pwedeng gawin ng kaibigan, makiusap sa inyong school-
May posibilidad na tanggapin nito ang pag-issue ng promissory note na nagpapahiwatig ng commitment na babayaran naman sa kalaunan at takdang panahon ang kulang sa tuition. O may iba pang kasunduang acceptable sa school.
Para sa karagdagang gabay, pwedeng i-contact ang CHED sa sumusunod:
Commission on Higher Education
Public Assistance and Complaints Desk: (02) 8441-1260
CHED Hotline: 0999-4445-996