Back in college at an exclusive girl’s school, a friend of mine got pregnant halfway thru our junior year. She bravely continued her pregnancy despite facing the prospect of being an unwed mother. Then she stopped schooling, purportedly to hide her bulging belly. What we didn’t know was if the decision to stop was hers or was brought about by pressure from family or even from school authorities.

Years later, we learned she went back to school to finally earn a college degree.

Every year, this story happens over and over again, with students finding themselves in the same sticky predicament.

But not all are able to rebuild their lives by going back to school and continuing with their studies.

One reason, a lawmaker says, may be attributed to the long-time policy of most Catholic schools on students who get pregnant out of wedlock, which consists mainly of granting a leave of absence (LOA), or outright expulsion.

But with the newly-signed R.A. 9710 or Magna Carta of Women (which bans all forms of discrimination against women including a school’s refusal to grant enrollment or work to unmarried
pregnant students and teachers), hapless, pregnant and unwed girls are suddenly being given better options.

Not all agree, however, as some sectors say the said provision is not just unconstitutional, but may even be sending the wrong signals to the youth.

MATTER OF MORAL (THEOLOGY)

Of all the provisions in the Magna Carta of Women, Section 13 on “Equal Access and Elimination of Discrimination in Education, Scholarships, and Training,’’ sparked the most debate between the authors of the law and the Catholic Bishops Conference of the Philippines (CBCP).

The particular provision states that “Expulsion and non-readmission of women faculty due to pregnancy outside of marriage shall be outlawed. No primary or secondary school shall turn out or refuse admission to a female student solely on account of her having contracted pregnancy outside of marriage during her term in school.”

Rep. Ulpiano Sarmiento III of A Teacher Partylist cites this provision as “an impermissible intrusion into the practice of religion and the academic freedom of an institution.’’

“Under state and civil laws, premarital sex and getting pregnant out of wedlock are not illegal and immoral. This is possible if a single woman who gets pregnant does not run counter to the mission vision or objective of a particular educational institution. It could be applicable in state colleges, universities and other private institutions that do not in any way adhere to a particular religion which abhors pregnancy out of wedlock. But if they are going to insist on a particular theology, religion precept for that matter which insists on high standards of morality and decency, that is an exercise of religion. Therefore, it contradicts the freedom of religion of a constitution in a community,” explains Atty. Sarmiento.

He stresses that a Catholic school’s role is to teach the Catholic faith and to inculcate in its students Catholic morals.

Extramarital sex is wrong according to its moral theology. It is therefore a practice of the Catholic faith to impose sanctions on those who violate this moral teaching, among them, the denial of the privilege to teach or to study at a Catholic school.

Secondly, Sarmiento says a private educational institution has the freedom to choose whom to teach and who shall be allowed to teach. These people should be those who adhere to religion and standards of morality.

“So it’s just simple. Don’t enroll in a Catholic school if you do not want to follow their rules,” he reasons out.

GENDER DISCRIMINATION?

But Iloilo Rep. Janette Loreto-Garin, one of the authors of the Magna Carta and a staunch supporter of women’s rights, points out that the issue is not about violating the academic freedom of schools, but the elimination of all forms of discrimination against women.

“I firmly believe that the said right of academic institutions ends when the impingement on the human rights of individuals begins. This is precisely the reason why it was passed because of instances that encourages society to look down on women just because their decisions do not conform with what is said to be morally upright by some sectors,” Garin laments.

Garin says prior to the passing of the Magna Carta, the CBCP had a lot of questions about certain provisions and offered 20 requests or changes to be incorporated. Garin says they acceded to 18 but could not accommodate the remaining two requests which suggested the insertion of “ethical methods in family planning” and the “except after due process” in the provision about pregnant students/teachers issue which puts back the prerogative of the schools to decide on this case.

Moreover, Garin believes that the long-time practice of schools to expel unmarried pregnant students and teachers may be pushing these people to resort to abortion.

PROMOTING PROMISCUITY

But Rep. Sarmiento strongly opposes this claim. For him, the high incidence of abortion is because of laws like the Magna Carta which promotes promiscuity.

“It’s kalokohan! It’s more of the society now, the evils in television and films. There is no longer any deterrent or preventive measure. Why are there so many crimes, even children raping children, children getting pregnant? It is because of too much freedom and disregard for the necessity of enforcing certain restrictions,” Sarmiento states.

He says letting pregnant students or teachers stay in school will certainly create a negative effect on other students.

“If you allow her to stay it will create so much confusion, antipathy and antagonism. The concern is not only her, but the community. This goes for teachers who should be worthy of emulation. If they get pregnant out of wedlock, they will no longer be in compliance of their principal responsibility of being role models to the students,” asserts Sarmiento, who is also the legal counsel of the Manila Archdiocesan and Parochial Schools Association (MAPSA). He underscores however, that he is speaking in behalf of his partylist organization and not MAPSA.

This writer tried to get the views of the Catholic Educational Association of the Philippines (CEAP) but its president Monsignor Gerry Santos says they want to see the Implementing Rules and Regulations of the Magna Carta first (which are currently being created) before speaking on the issue.

BEING HUMANE AND COMPASSIONATE

St. Scholastica’s College Manila (SSCM) used to impose the Leave of Absence (LOA) rule on unwed mother-students. They were however allowed to reenroll after giving birth and going through counseling.

But to comply to the Magna Carta, the school, says Atty. Prima Jesusa Quinsayas, SSCM dean of the Student Affairs, has now made LOA just an option for the student. She may continue her studies until two weeks before her due date, by which she should file an LOA.

Atty. Quinsayas says this policy is part of SSCM’s practice of curriculum generation review held every three to four years to make it relevant to the times.

“We always try to maintain a reasonable set of rules and policies because otherwise the students will find we’re no different from a military school where everything is just no, no, no without context. In this case, we take the welfare of students seriously and strongly believe in women empowerment. If you expel students out of wedlock, it’s a double whammy for them. Now that they immediately become mothers, you immediately negate their chance of earning a college degree and therefore becoming a professional and providing for their child. Not only is she faced with the prospect of being a single mother, she is also facing the prospect of not getting a good job because she is not a college graduate and will not be able to provide well for her child,” she explains.

But Atty. Quinsayas clarifies that this new policy does not in any way create conflict with their teachings and doctrines.

“I believe SSCM has always been firm in approaching Christian Catholic perspective, Benedictine and Scholastican framework. We have 12 units of Theology, our students go to recollection, retreats. At the same time, we as a school for women feel that we should recognize their rights to be able to empower them,” she explains.

SSCM, Quinsayas stresses, does not condone premarital sex or pregnancies out of wedlock, but neither does it condemn the student to a difficult life because of the sin she has committed.

“We are a Catholic school and one of the biggest values that Jesus taught us is compassion. This dictates that we don’t expel that student who’s suddenly in a quandary because she got pregnant and she’s not married, and is going to give birth to a child who will not have a father,” she says.

After all is said and done, Rep. Sarmiento thinks the agenda behind this issue is really to get votes.

Rep. Garin and Atty. Quinsayas agree that it’s all about being humane, compassionate and giving the much-needed second chances.