QC court junks TRO motion vs sex education

A Quezon City court on Monday junked a motion to stop the Department of Education (DepEd) from implementing its sex education program in elementary and secondary schools due to lack of merit. The petitioners, led by defeated senatorial candidate Jo Imbong, "failed to show their clear and unmistakable right alleged to have been violated to entitle them to the relief prayed for," according to a three-page order by Judge Rosanna Fe Maglaya of the Quezon City Regional Trial Court Branch 88. Imbong’s group, in their prayer for the issuance of a temporary restraining order (TRO), claimed that teaching sex education in schools is unconstitutional as it violates the primary right of parents to the development of the moral character of their children. They specifically sought to stop the implementation of DepEd Memo No. 261 dated Sept. 8, 2005, which formalizes the teaching of sex education to elementary and high school students both in public and private schools. Named respondents in the petition were former DepEd secretary Mona Valisno and former undersecretary Ramon Bacani. The sex education program is currently on pilot-testing in several selected schools nationwide. In her order, Maglaya noted that none of the children of the petitioners are enrolled in schools covered by the program’s pilot testing. “Hence, the requisite of an actual existing right which is not vitiated by any substantive challenge or contradiction is wanting in this case. On this ground alone, the application for a TRO must be denied," part of the order read. The court, in effect, sided with the Office of the Solicitor General (SOG) led by Renan Ramos, who argued that nothing in the assailed DepEd memorandum is violative of the constitutional rights of the petitioners. "The court, meanwhile, will refrain from dwelling on the merits of the petition for in so doing, it may result in premature ruling on the main case without the trial," the court said. The court set the hearing on the prayer for writ of preliminary injunction on July 29 at 8:30 a.m. — KBK/RSJ, GMANews.TV