Dinah Mindo, acting director of DepEd-National Capital Region (NCR), noted that the ordinance, passed last March l4, "was above the Philippine Constitution."
"It’s not only against the policy of DepEd but of the Constitution, as well. The Constitution protects the rights of every Filipino to education," she told The STAR.
She added that under the DepEd Service Manual, "no Filipino pupil/student shall be refused admission, by reason of sex, creed, socio-economic status, racial or ethnic origin, political and other affiliation, in the public school system.
Under the ordinance, officials and teachers of all public schools in Marikina were directed to give priority to city residents during enrollment.
This school year, the city government has reportedly dropped out around 3,000 elementary and high school students who managed to enroll in city schools although they reside outside of the city.
The city government found out that these students reportedly used fictitious address just to get access to the schools.
Mindo has issued a memorandum to Jerome Mendoza, DepEd superintendent for Marikina City, to stop the "delisting and dropping" of the students.
"Said move (of the city government) is perceived by this office as contrary to the declared policy of the State to provide free and compulsory basic education to all," the memorandum stated.
Mindo said the city government should take into consideration the fact that many public school students belong to poor families.
"There are cases when some students live in Rizal near the boundary of Marikina. But since the nearest school to their house is in Marikina, they enrolled there to save fares," she added.
Mindo maintained that city government does not have control over public schools that are funded by the national government through the DepEd.
"The local government is there only for support. Public school teachers and principals are not under its command," she said.
But Mindo admitted that, on its own, DepEd could not take legal action against the city government should it insist on implementing the ordinance.