‘Loco parentis’

With the brouhaha the proposed teenage pregnancy prevention measure under Senate Bill (SB) 1979 has stirred, at least nine senators have backed out from supporting the controversial legislative initiative. It was a not unexpected move, especially after no less than President Ferdinand “Bongbong” Marcos Jr. (PBBM) vowed to veto SB 1979 if in its present form the bill comes through the 19th Congress for its passage into law.

Naturally, senators up for re-election in the coming May 12 mid-term polls fear the political fall-out if they support a bill seemingly introducing Western liberal sex education. Initially, PBBM identified what he called as “woke absurdities” of SB 1979 that includes teaching “masturbation” as safe sex for young girls and boys.

PBBM found himself backpedaling from his previous public declaration to Malacañang reporters in an ambush interview last Jan. 16 when asked about his position on the proposed sex education bill. “What does sexuality education mean? Lalaki ka o babae ka, tapos na,” PBBM initially quipped. “Basta education I’m in support of it, always, always,” he added.

At least, PBBM was days ahead from comebacking US President Donald Trump in his new policy declaration on his first day in office. Henceforth, there are only two genders under Trump’s administration: male and female.

Out of curiosity perhaps, PBBM pored over the content of SB 1979 over the weekend to find out what was the fuss over a pending bill in Congress. Four days later, PBBM literally made a turnaround after finishing the usual ambush interview with reporters. “Oh wait, before I leave, I was asked last Thursday on what my opinion was on sex education in schools. And I stand by my answer that sex education is extremely important.”

But after reading SB 1979, the Chief Executive admitted being “shocked’ and “appalled.” PBBM did not mince words in his displeasure over SB 1979. “You will teach four-year-olds how to masturbate. That every child has the right to try different sexualities. This is ridiculous. It is abhorrent. It is a travesty of what sexual and sex education should be to the children,” PBBM fumed.

It took PBBM to unmask SB 1979 as intending to revise the current Comprehensive Sexuality Education (CSE) in all our grade schools. A former legislator himself as congressman first, then senator, PBBM is aware that there could be nuances in the law that could be interpreted otherwise once implemented.

At the Kapihan sa Manila Bay last Wednesday, Department of Education (DepEd) Secretary Sonny Angara assuaged concerned parties that “there is none” in the existing CSE that teaches childhood masturbation in schools under his agency’s supervision. As proposed in SB 1979, DepEd will integrate these proposed changes in the CSE. Angara took over as DepEd secretary in July last year.

The 52-year-old Angara has a 13-year-old son in school at Grade 7 and could be covered if SB 1979 becomes a law. But as of latest check, Angara said the DepEd curriculum head reported to him there are no such “woke” sexuality topics being taught in schools.

“Maybe the groups rejecting (the bill and CSE) were referring to practices in other countries,” Angara surmised.

However, Angara is willing to sit down with House lawmakers on their initiatives to suspend the teaching of the existing CSE. But SB 1979 was just the counterpart of a similar House measure. As early as September 2023, the House of Representatives approved House Bill 8910, or the proposed “Adolescent Pregnancy Prevention Act,” which also seeks to set a national policy to arrest the growing number of cases of childbearing and childbirths among adolescents.

Initially, its principal author, Senate assistant minority leader Risa Hontiveros, denied any word like “masturbation” or reference to it and included in SB 1979. But she became the latest to make an about-face on SB 1979. At the Senate plenary session last Wednesday, she announced initiating a “substitute” bill to remove or clarify the vague references in SB 1979 that offended sensitivities.

PBBM begged off from commenting on the “substitute” bill to SB 1979. Offhand, the idea of the State imposing limits on the free choice of people that SB 1979 seeks to introduce are no-no’s in a democratic setting. Even children are protected by our Constitution against State intrusion into their free will of what they ought to learn in schools and what not to do in their private time.

As the saying goes, don’t fix it if it ain’t broke.

This brings to mind the controversial Sexual Orientation and Gender Identity Expression (SOGIE) Equality Bill, supposedly seeking to prohibit discrimination based on a person’s sexual orientation, gender identity or expression. The bill has been refiled over and over in the previous Congresses since 2000.

Other than political resistance, the SOGIE bill did not pass the last time in Congress because the proposed measure surreptitiously inserted wordings that would effectively allow same sex marriage in the Philippines. It did not escape scrutiny of then Buhay party-list representative Lito Atienza. Making a comeback bid in Congress in the coming elections, Atienza again raised alarm bells on SB 1979 as reminiscent of the SOGIE bill.

Now as DepEd secretary, Angara is faced with SB 1979, of which he became a co-sponsor as then chairman of the Senate committee on finance. Upon DepEd’s review, Angara assuaged the public that the implementation of the CSE in the basic education curriculum remains within the bounds of laws such as the Reproductive Health and HIV Prevention laws, which mandate sex education.

Moreover, Angara cited the doctrine of “loco parentis” is laid down in Article 218 of the Family Code of the Philippines. It states that “the school, its administrators and teachers, or the individual, entity or institution engaged in child care shall have special parental authority and responsibility over the minor child while under their supervision, instruction or custody.”

The DepEd chief reassured that this mandate of “loco parentis” role of schools and school administrators make them the second parents of children while away from their homes.

Show comments