British School faces closure
Published Mar 31, 2018 02:50 pm
By Merlina Hernando-Malipot
The Department of Education (DepEd) on Saturday confirmed the possible closure of British School Manila (BSM) due to lack of legal authority to operate.
(MANILA BULLETIN)
DepEd Undersecretary for Planning and Field Operations Jesus Mateo, in a text message, confirmed the possible closure should BSM fail to comply with the requirements set for operating international schools.
“They just have to comply with the requirements for operating an international school or to secure a legislative franchise,” said Mateo when asked to comment on the possible closure of BSM. “Failure to do so would result in the closure of the school due to lack of legal authority to operate,” he added.
Mateo cited the decision based on Administrative Case Number OSEC-2015-01 signed by Secretary Leonor Briones and Undersecretary Alberto Muyot dated March 5, 2018. In the document, it is cited that Ma. Teresita Madamda, mother of Liam Joseph who reportedly committed suicide after he was allegedly humiliated by his teacher in February 2015 – filed an administrative complaint against the BSM.
In can be recalled that Liam – who was a scholar at BSM – reportedly jumped from the 6th floor of the Dela Rosa carpark building in Legazpi Village in Makati City on February 6, 2015. While he was immediately rushed to the nearby Makati Medical Center, he was declared dead hours later due to cardiac arrest.
BSM was then under fire for his death and it also affected BSM’s application to be officially recognized as an educational institution of international character during a Senate Hearing in May 2015.
Initial investigation showed that Liam decided to end his life after he was “humiliated” by his teacher Ms. Natalie Mann, a British national, who accused him of plagiarizing the first draft of Theory of Knowledge (TOK) – which is one of the core subjects of the International Baccalaureate Diploma Program (IBDP) where he was enrolled in.
In the copy of 26-page DepEd decision obtained by the MANILA BULLETIN courtesy of Madamba’s lawyer, Atty. Joseph Noel Estrada, it was cited that an administrative complaint against BSM was filed before the Office of the Undersecretary of Legal and Legislative Affairs last October 2015 for violating the 2010 Revised Manual of Regulations for Private Schools in Basic Education (DepEd Order No. 88 series of 2010); DepEd's Child Protection Policy (DO No. 40 s. of 2012); and Batas Pambansa 232 or the Education Act of 1982.
In the decision, DepEd maintained that it has “authority and supervision over all basic education institutions in the country, both public and private” which was earlier question by the BSM.
DepEd also ruled out that BSM “has been operating not in absolute absence of authority to operate” but “with no clear and compliant authority that needs to be corrected by conforming” with the provisions of DO No. 88 series of 2010 on the “establishment and operation of private schools or by getting a legislative franchise as an international school from Congress.”
Lastly, after an investigation and getting the sides of the complainant (Madamba) and the responded (BSM), DepEd found out that the “manner which BSM proceeded against Liam fell short of the standards of due process.”
DepEd also noted that that BSM – through Ms Mann – “simply relied” on the supposed ready admission of Liam that he indeed committed plagiarism and there was “no clear proceedings undertaken in accordance with the rudiments of due process in student discipline.”
DepEd Sanctions on BSM
BSM has been ordered by DepEd to “comply with the requirements for operating an international school” under Section 30 of DO no. 88 s. of 2010 “to secure a legislative franchise from the Congress to legally operate” as an international school in the Philippines.
DepEd said BSM “is given until the end of next school year 2018-2019 to comply with the said requirements.” DepEd added that the school should also “advise its students and its parents of their status in order to apprise them of the situation and enable them to make the necessary actions.”
“Failure to comply with the requirements for operating an international school or to secure a legislative franchise would result in the closure of the school due to lack of legal authority to operate,” DepEd said in the decision.
DepEd also imposed upon BSM the “penalty of non-issuance of a favorable recommendation for tax exemptions” for its operation under lack of authority and lack of clarity in its “guidelines and processes with respect to disciplinary action in relation to the offense of plagiarism.”
BSM is also under monitoring with respect to the implementation of the DO No. 40 s. of 2012. DepE has directed its National Capital Region (NCR) director to “ensure that the Child Protection Policy is being followed” by the school. DepEd NCR must also ensure BSM “has no deficiencies in instruction, administration and/or management, including student discipline.”
A 'Big Step'
For the Madamba family, the latest decision of DepEd is “big step” towards attaining justice for Liam's untimely death.
“The family feels that this is a big step towards attaining justice for Liam's death,” said Estrada. He explained that the case filed with DepEd against the BSM is “just one of the three cases filed by the family against BSM officials and the institution.” Pending before the Department of Justice (DOJ), he said, is a complaint for “obstruction of justice against the trustees and officials of BSM” and another case is for “damages” pending before the Taguig Regional Trial Court.
Estrada said that the “more serious effect of the DepEd decision on BSM is that it faces closure.” He noted that the school is “given only one School Year to get a legislative franchise otherwise it will be closed.”
“The DepEd ordered BSM to advise its parents and students of this development so they can prepare,” Estrada said. “Presumably to transfer in anticipation of the closure,” he added.
Estrada, on the other hand, does not discount the possibility that BSM will be able to get the legislative franchise within the deadline by DepEd of one year. “In fact, Madamba family believes it should,” he said.
The DepEd decision, Estrada said, “sends a message that those officials at BSM who were negligent in handling Liam's incident that led to his suicide should be held accountable and spare the entire institution from public backlash.”
Meanwhile, Estrada said that BSM “has not even issued an apology to the Madamba family and has not compensated them for Liam's untimely death.” He also noted that BSM even allowed the teacher involved to leave the country, thus evading the investigation in 2015.
Estrada also alleged that BSM “also tampered with the report to cover up the negligence of some of its officials.”
In light of the DepEd decision, Estrada stressed that “no Filipino should be allowed to be bullied by his foreign teacher in his own land.” He added that the DepEd's Child Protection Policy “applies to all schools in the Philippines, including BSM and when it fails to implement the said policy, administrative sanctions may be imposed by the DepEd.”
(MANILA BULLETIN)
DepEd Undersecretary for Planning and Field Operations Jesus Mateo, in a text message, confirmed the possible closure should BSM fail to comply with the requirements set for operating international schools.
“They just have to comply with the requirements for operating an international school or to secure a legislative franchise,” said Mateo when asked to comment on the possible closure of BSM. “Failure to do so would result in the closure of the school due to lack of legal authority to operate,” he added.
Mateo cited the decision based on Administrative Case Number OSEC-2015-01 signed by Secretary Leonor Briones and Undersecretary Alberto Muyot dated March 5, 2018. In the document, it is cited that Ma. Teresita Madamda, mother of Liam Joseph who reportedly committed suicide after he was allegedly humiliated by his teacher in February 2015 – filed an administrative complaint against the BSM.
In can be recalled that Liam – who was a scholar at BSM – reportedly jumped from the 6th floor of the Dela Rosa carpark building in Legazpi Village in Makati City on February 6, 2015. While he was immediately rushed to the nearby Makati Medical Center, he was declared dead hours later due to cardiac arrest.
BSM was then under fire for his death and it also affected BSM’s application to be officially recognized as an educational institution of international character during a Senate Hearing in May 2015.
Initial investigation showed that Liam decided to end his life after he was “humiliated” by his teacher Ms. Natalie Mann, a British national, who accused him of plagiarizing the first draft of Theory of Knowledge (TOK) – which is one of the core subjects of the International Baccalaureate Diploma Program (IBDP) where he was enrolled in.
In the copy of 26-page DepEd decision obtained by the MANILA BULLETIN courtesy of Madamba’s lawyer, Atty. Joseph Noel Estrada, it was cited that an administrative complaint against BSM was filed before the Office of the Undersecretary of Legal and Legislative Affairs last October 2015 for violating the 2010 Revised Manual of Regulations for Private Schools in Basic Education (DepEd Order No. 88 series of 2010); DepEd's Child Protection Policy (DO No. 40 s. of 2012); and Batas Pambansa 232 or the Education Act of 1982.
In the decision, DepEd maintained that it has “authority and supervision over all basic education institutions in the country, both public and private” which was earlier question by the BSM.
DepEd also ruled out that BSM “has been operating not in absolute absence of authority to operate” but “with no clear and compliant authority that needs to be corrected by conforming” with the provisions of DO No. 88 series of 2010 on the “establishment and operation of private schools or by getting a legislative franchise as an international school from Congress.”
Lastly, after an investigation and getting the sides of the complainant (Madamba) and the responded (BSM), DepEd found out that the “manner which BSM proceeded against Liam fell short of the standards of due process.”
DepEd also noted that that BSM – through Ms Mann – “simply relied” on the supposed ready admission of Liam that he indeed committed plagiarism and there was “no clear proceedings undertaken in accordance with the rudiments of due process in student discipline.”
DepEd Sanctions on BSM
BSM has been ordered by DepEd to “comply with the requirements for operating an international school” under Section 30 of DO no. 88 s. of 2010 “to secure a legislative franchise from the Congress to legally operate” as an international school in the Philippines.
DepEd said BSM “is given until the end of next school year 2018-2019 to comply with the said requirements.” DepEd added that the school should also “advise its students and its parents of their status in order to apprise them of the situation and enable them to make the necessary actions.”
“Failure to comply with the requirements for operating an international school or to secure a legislative franchise would result in the closure of the school due to lack of legal authority to operate,” DepEd said in the decision.
DepEd also imposed upon BSM the “penalty of non-issuance of a favorable recommendation for tax exemptions” for its operation under lack of authority and lack of clarity in its “guidelines and processes with respect to disciplinary action in relation to the offense of plagiarism.”
BSM is also under monitoring with respect to the implementation of the DO No. 40 s. of 2012. DepE has directed its National Capital Region (NCR) director to “ensure that the Child Protection Policy is being followed” by the school. DepEd NCR must also ensure BSM “has no deficiencies in instruction, administration and/or management, including student discipline.”
A 'Big Step'
For the Madamba family, the latest decision of DepEd is “big step” towards attaining justice for Liam's untimely death.
“The family feels that this is a big step towards attaining justice for Liam's death,” said Estrada. He explained that the case filed with DepEd against the BSM is “just one of the three cases filed by the family against BSM officials and the institution.” Pending before the Department of Justice (DOJ), he said, is a complaint for “obstruction of justice against the trustees and officials of BSM” and another case is for “damages” pending before the Taguig Regional Trial Court.
Estrada said that the “more serious effect of the DepEd decision on BSM is that it faces closure.” He noted that the school is “given only one School Year to get a legislative franchise otherwise it will be closed.”
“The DepEd ordered BSM to advise its parents and students of this development so they can prepare,” Estrada said. “Presumably to transfer in anticipation of the closure,” he added.
Estrada, on the other hand, does not discount the possibility that BSM will be able to get the legislative franchise within the deadline by DepEd of one year. “In fact, Madamba family believes it should,” he said.
The DepEd decision, Estrada said, “sends a message that those officials at BSM who were negligent in handling Liam's incident that led to his suicide should be held accountable and spare the entire institution from public backlash.”
Meanwhile, Estrada said that BSM “has not even issued an apology to the Madamba family and has not compensated them for Liam's untimely death.” He also noted that BSM even allowed the teacher involved to leave the country, thus evading the investigation in 2015.
Estrada also alleged that BSM “also tampered with the report to cover up the negligence of some of its officials.”
In light of the DepEd decision, Estrada stressed that “no Filipino should be allowed to be bullied by his foreign teacher in his own land.” He added that the DepEd's Child Protection Policy “applies to all schools in the Philippines, including BSM and when it fails to implement the said policy, administrative sanctions may be imposed by the DepEd.”