By Farah G. Decano

 

THE onslaught of the Covid virus in 2020 forced most Colleges of Law to go online in order to lessen the prejudice that the pandemic would have caused to education.  This stop-gap instruction however led to the discovery of the virtues of online education.

Sometime in May, 2023, the Legal Education Board (LEB) initiated a proposal to return the law instruction to in-person modality.  The LEB suggested the obligatory onsite instruction and allowed only elective subjects to be taught partly online.

After recognizing the advantages of hybrid (online and onsite) instruction, some Colleges of Law, the Lyceum Northwestern University in Pangasinan included, expressed their qualms to this proposal.

The L-NU College of Law as well as some universities all over the Philippines are of the opinion that it is within the academic freedom of institutions of higher learning to determine their modality of instruction.

In its opposition to the proposal, the LNU College of Law cited the Philippine Supreme Court in GARCIA VERSUS LOYOLA SCHOOL THEOLOGY (G.R.40779, November 28, 1975) which in turn quoted US Supreme Court Justice Felix Frankfurter:

“It is the business of a university to provide that atmosphere which is most conducive to speculation, experiment and creation. It is an atmosphere in which there prevail “the four essential freedoms” of a university — to determine for itself on academic grounds who may teach, what may be taught, how it shall be taught, and who may be admitted to study.”

It is not an easy matter then to disregard the views of persons knowledgeable in the field, to whom cannot be imputed lack of awareness of the need to respect freedom of thought on the part of students and scholars. Moreover, it could amount to minimizing the full respect that must be accorded the academic freedom expressly granted by the Constitution ‘to institutions of higher learning.’”

Based on the aforementioned extract, the choice of whether to teach online or onsite is part of the academic freedoms of higher learning institutions.   By virtue of this pronouncement, the LNU College of Law is of the belief that it has the right to determine that “atmosphere which is most conducive to speculation, experiment and creation.”

The L-NU, being immersed in and aware of the provincial circumstances of the professors and its students, is the best judge of the unique conditions in its area and best judge how law education may be given.  LNU is situated in Dagupan City which is one of the most calamity-stricken cities in the Philippines. It also registers one of the highest heat index during summertime.

There was an earlier position during the LEB consultation on June 14, 2023 that convenience should not be an argument for online education.  L-NU disagrees.  Law education need not be difficult.  Convenience of both students and faculty does not necessarily translate to poor quality education.  Convenience can also mean promoting a good learning environment.

It is also the considered opinion of the L-NU College of Law Faculty members that allowing Colleges of Law to determine their manner of instruction, whether online or onsite, is a recognition of the students’ right to accessible education.

Said the L-NU faculty members, “We are not saying that either one – online or onsite education or hybrid education – is the best way to teach law.  What we are saying is that students have different learning abilities and have different conditions in life (working student and OFWs).  By providing them the freedom to choose how they wish to learn is enhancing their access to law education.”

Afterall, there is no sufficient data yet that online or hybrid law education is prejudicial to law education.  The Colleges of Law started to use this way of teaching only in 2020.  If bar exam results are the test of quality education, then those who have been taught through exclusive virtual means are yet to take the bar in 2024.

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