ling

7/17/2019 Ling

http://slidepdf.com/reader/full/ling563db862550346aa9a932ce3 1/5

September 14, 2015

Dr. Reynaldo B. Vea

President

Malayan High School of Science

8013 Paz Mendoza Guazon, Ermita, Manila, Metro Manila

Dear Dr. Vea,

I am writing this letter to formally appeal the decision handed down against my

daughter, Leslie Genevieve Ong, for an alleged cheating incident in Ms. Gin’s

Class that happened September 2, 2015 for the following reasons:

1.) Violation of the procedural due process of my daughter.

2.) Violation of the student handbook by the Mr. Earl Carlo Cruz.

I would like to first discuss the first ground that I have raised in this appeal.

VIOLATION OF THE PROCEDURAL DUE PROCESS OF MY DAUGHTER

The Supreme Court inDe La Salle University Inc., et al. v. The Court of Appeals,

et al. (GR. No 127980) ruled that investigations of students found violating

school discipline falls under administrative cases.

Likewise, in the same case above, the Court stated that in administrative cases,such as investigations of students found violating school discipline, there are

minimum standards which must be met before to satisfy the demands of

procedural due process and these are:

(1) the students must be informed in writing of the nature and cause of any

accusation against them;

(2) they shall have the right to answer the charges against them and with the

assistance if counsel, if desired;

(3) they shall be informed of the evidence against them;

(4) they shall have the right to adduce evidence in their own behalf; and

7/17/2019 Ling


(5) the evidence must be duly considered by the investigating committee or

official designated by the school authorities to hear and decide the case.

Sadly, No. 1,3,4,5 of these minimum standards set forth by the Supreme Court were not followed by the school.

In requisite no. 1- My daughter was only informed orally of the allegations of

cheating she allegedly committed.

In requisite no. 3 – My daughter was not informed of any evidences against her

that would prove that she indeed cheated on the said exam

In requisite no. 4- My daughter was not allowed to adduce evidence to prove

that she is not guilty on the charge against her.

The factual circumstances on the alleged cheating incident were not even

appreciated by Mr. Cruz.

According to my daughter, a certain, __________________, who was already 17

years old and has moral ascendancy over her because she was only 15 years

old, was the one who induced and forced her to hand him the supposed

reviewer. During the said exam, Mr.X consistently annoyed, demanded, and

bugged my daughter to give him the reviewer because he does not know the

answer in the said exam and that he needed the reviewer in order for him topass the test.

Since my daughter was very busy analyzing the said English exam and to stop

Mr. X from constantly distracting her, she inadvertently, without any intent to

cheat, got the reviewer on the chair and put it in her lap in order to give the

said reviewer to Mr. X.

When the reviewer was on her lap, that is when Ms. Gin saw it, Ms. Gin then

looked at the reviewer and returned it to my daughter.

_____________________________________________________________________________

Since my daughter felt bad about Ms. Gin seeing the reviewer, she opted not to

submit the test paper in order to show to Ms. Gin that she did not intend to

use that reviewer to gain advantage over the said exam.

7/17/2019 Ling


That was possible because the said exam was a RETEST due to the fact that a

lot of student had failed the earlier exam. Only 4 students passed the first

exam, and my daughter is one of those who passed it. The retest was meant as

a chance for students to try to score a higher grade, if they succeed in getting a

higher grade in the retest , then the grade on the first exam will be deemed

cancelled. If not, then what is higher between the first exam and retest will be

recorded. Since my daughter did not submit the retest, her passing grade on

the first exam was recorded.

I would like to repeat again that my daughter has NO INTENTION TO CHEAT at

that time, she innocently and inadvertently got the reviewer from the chair due

to the constant bugging of Mr.X . In fact, Mr. X, has admitted that it was him

who is guilty in this said case. A copy of this admission is hereby attached as

“ANNEX A”.

To state for the record, my daughter does not need to cheat in the retest, she

was one of four persons who passed the first exam. My daughter is innocent on

this alleged cheating incident, she did not cheat but was only mistakenly

blamed for cheating. More importantly, Ms. Gin who had personal and first-

hand knowledge on this incident has likewise impliedly agreed with my

observation that my daughter did not cheat because otherwise Ms. Gin would

have immediately sent my daughter to the discipline office for proper

disciplinary sanctions. The personal observation of Ms. Gin should be

respected.

Since my daughter’s was not allowed to adduce her evidence, requisite no.5

was not complied with.

Now, on the second ground of my appeal, I would like to state that the

procedure done by Mr. Cruz was contrary to what the MHSS handbook states.

Likewise the penalty on the question decision imposed by Mr. Cruz is also

contrary to the MHSS handbook being devoid of legal basis.

Page 40-41, of the handbook provides the PROPER PROCEDURE for settlement

of all disciplinary cases it provides that the following steps must be taken in

order to effect a valid disciplinary action. This procedures are mandated by the

handbook in order to provide students with procedural due process. The steps

are:

7/17/2019 Ling


In major offenses:

Incident report Case Conference Elevation to Student Welfare Committee

Student Welfare Committee Evaluation of the Case Principal’s Action

Since my daughter was alleged to have committed a major offense the above

steps should have been taken by Mr. Cruz but sadly these were ignored.

According to my daughter on September 10, 2015, she was called to the

________________, and there present was Mr. Cruz, Ms. Alba, and Ms. Gin. My

daughter was asked questions regarding the said incident and immediately

after that ___________________________. She was also not provided with a copy of

an incident report. After that, no further proceedings were conducted, the next

day a decision was already promulgated.

The question that bothers me the most is what kind of proceeding happened?

Is it a case conference? Is it an elevation of the case to the student welfare

committee? The proceeding taken against my daughter was UNCLEAR and

AMBIGUOUS. Likewise since this is a major offense, the parents should have

been INFORMED OR NOTIFIED. But sadly, I was not informed nor notified by

the school regarding the proceedings taken against my daughter. Clearly, this is

against page 41 of the handbook. The handbook was made so that proper

procedures should be followed in order to protect students from unjust and

unfair decisions.

Moreover, I would like to quote on of the penalties imposed by Mr. Cruz against

my daughter, it states: “ Moreover, she will no longer be qualified to receive

honors and awards for the entire school year (S.Y. 2015-2016). “

Assuming without admitting that my daughter is guilty thereof, the quoted

penalty above is without legal nor factual basis at all. It is not provided in the

handbook as one of the imposable penalties against major offenses.

Pages 27-36 of the handbook provides the form of sanctions. The following arethe forms of sanctions:

1.) oral reprimand

2.) school service

3.) suspension

4.) exclusion

5.) expulsion

7/17/2019 Ling


Nowhere in the handbook does the penalty for ineligibility for honors and

awards are mentioned as a form of sanctions, hence I would like to reiterate

that the same is without legal basis at all.

THEREFORE, since Mr. Cruz failed to follow the proper steps in handling a

discipline complaint, I pray that the assailed decision promulgated on

Septmeber 11, 2015 be REVERSED and SET ASIDE for violating the

procedural due process of my daughter and for non-compliance with the proper

procedures stated in the MHSS Student Handbook.

Sincerely,

______________________

ling

Documents