[I
am happy that Pilar College has agreed to a dialogue which will take
place this morning. In my absence, NCMF Zamboanga City Actg. Regional
Director DENNISON ABIDIN will attend. I have asked him to deliver the
message that follows. Let us all hope for the best.]
ATTY. MEHOL K. SADAIN
Secretary, National Commission on Muslim Filipinos
August 7, 2012
To the dialogue participants, please accept my, and the Commission’s greetings of peace this holy month of Ramadan.
As-salaamu alaikum.
We
are thankful for the kind response of the President of Pilar College,
Sr. Maria NiƱa C. Balbas, to our appeal for a dialogue, and for the
College’s invite to our Regional Director Dennison Abidin.
Allow
me to apologize for being unable to attend the dialogue due to my
earlier scheduled meetings in Manila. Our Acting Regional Director
Dennison Abidin is an able representative of the Commission in the
dialogue.
Our position has been clearly outlined
in our “Open Letter for the RVM Sisters of Pilar College”. We believe
it is a tenable position by elaborating on the following reasons:
1. It is fully supported by law and State policy.
a.
Sec. 28 (e) of the Magna Carta of Women: “Sensitivity of regular
schools to particular Moro and indigenous practices, such as fasting in
the month of Ramadan,
choice of clothing (including the wearing of hijab) and availability of halal food shall be ensured.”
b.
Department of Education Order No. 53, series of 2001, issued by then
Secretary Raul S. Roco on October 29, 2001: “In the specific cases of
Muslim women, the following policies shall be adopted:
(a) Female Muslim schoolchildren should be allowed to use their veil or headdress (hijab) inside the school campus.”
c. DOH Memorandum No. 2009-0107 dated April 29, 2009 issued by Sec. Francisco T. Duque III:
“Muslim female workers should be allowed to use their veil (hijab) and wear their prescribed mode of dressing inside the premises of all healthcare institutions…”
d.
CHED Memorandum dated August 26, 2008 issued by Chair Nona S. Ricafort:
“In view of the foregoing, all HEIs are hereby directed to grant unto
the concerned
Muslim nursing students utmost respect and consideration on their wearing of veils/hijabs during hospital duties provided that institutional rules and regulations concerning infection control aseptic techniques are observed.
2. It does not derogate on Pilar College’s right to academic freedom.
a.
Citing the landmark U.S. case of Sweezy v. State of New Hampshire,
constitutionalist Vicente Sinco (1964) enumerates “four essential
freedoms” in relation to academic freedom:
I. The freedom to determine “who may teach,” which means
the right of the University to prescribe the qualifications of faculty
member and select them at its discretion;
II. The freedom to determine “what may be taught,” which means
the right to decide what subjects should be taught or to fix the
curriculum;
III. The freedom to determine
“how it shall be taught,” which means the right to adopt methods,
procedures, and practices of teaching;
IV. The freedom to determine “who may be admitted to study,”
meaning what conditions a person should have to be taken in as a
student.
b. Even if Pilar College allows hijab in its
campus and classrooms, it does not affect its ability to discharge the
first three “freedoms”. The fourth freedom on the other hand is to be
subjected to the test of reasonableness. Hence, in a dissenting opinion
in Tan v. Court of Appeals, Supreme Court Associate Justice Isagani
Cruz opined that: “Private schools are subject to reasonable regulation
and supervision of the State, but they may also have the right to
establish reasonable rules and regulations for the admission,
discipline and promotion of students.” The right to established rules
and regulations by educational institutions like Pilar College is
therefore, not absolute.
It should always be reasonable and subject to an equally reasonable regulation and supervision of the State.
Definitely, the condition that hijab be not worn in campus is not an
academic condition that tests the capability of a student to study in
the school.
3. The wearing of the hijab is not
injurious to Pilar College and its students, faculty and staff; nor
does it impede the teaching and learning functions in the school. This is obvious and need not be argued.
4. On the other hand, the wearing of a hijab is a sign of morality and modesty which Pilar College subscribes to. Again this is obvious because even nuns wear veils on campus.
Further to our position therefore, we propose that
a compromise be reached,
where, just like in Notre Dame of Jolo, the school allowed the hijab
and merely regulated it by specifying a color (white and black) for the
hijab allowed in the school premises. This is also in accord with the
policy enunciated by the Department of Health for Muslim health workers
where the hijab was allowed provided it complies with the sanitary
requirements of hospitals. The officials of Pilar College and the
concerned Muslim sectors in Zamboanga City may then discuss the details
on the implementation of a regulated hijab.
Finally, it
is hoped that the cleansing fast of Ramadan and the Christian
recognition of multi-faith coexistence will inspire all sectors to
reach an agreement that recognizes and harmonizes the academic freedom
of an institution with the freedom of religion and expression of the
students in a society that is pluralist and civilized.
Thank you and
Ramadan Kareem.
