MANILA, Philippines - The Department of Education (DepEd) can pursue implementing its sex education program after a Quezon City court refused to issue a stay order.

In a 3-page order issued by Judge Rosanna Fe Maglaya, the Quezon City Regional Trial Court Branch 88 said the parents who lodged the case “failed to show their clear and unmistakable right alleged to have been violated to entitle them to the relief prayed for.”

The parents, led by lawyer Jo Imbong, sought to have DepEd Memo No. 261 quashed for being unconstitutional.

Imbong is a consultant of the Catholic Bishops Conference of the Philippines Commission on Family and Life.

The memo supposedly allows elementary and high school students to take sex education classes. The program was revived recently, through the efforts of former Education Secretary Mona Valisno.

In an interview with ANC however, Imbong said this is not the end of the case since the court merely dismissed the request for a temporary restraining order.

She said the court still has to hear the merits of the case.

“The court did not junk the petition…The case is very much active...It is set to hear the injunction later this month,” she added.

By then, they would have enough numbers, both parents and teachers alike, who would attest to the “unethical motives” of the program, she said.

Imbong said the court needs to resolve the matter even if they have found an ally in newly-appointed Education Secretary Armin Luistro.

Luistro said he will review the implementation of the program.

“The reaction is very encouraging, it reveals he is listening to the voice of the parents,” she said.