VILLAR v TIP 135 SCRA 706 FACTS: Petitioners invoke their right to freedom of expression against the respondents,

in their refusal to admit the said petitioners at the Technological Institute of the Philippines. However, reference was made to some of the petitioners' school records. Petitioners Rufino Salcon Jr., Romeo Guilatco, Venecio Villar, Inocencio Recitis had failed in one or two of their subjects in 1983-1985. However, petitioner Noverto Baretto had five failing grades in the first semester in the first school year, six failing grades in the second semester of 1984-1985. Petitioner Edgardo de Leon Jr. had three failing grades, one passing grade and one subject dropped in the first semester of school year 1984-1985. Petitioner Regloben Laxamana had five failing grade with no passing grade in the first semester of 1984-1985 school year. Petitioners Barreto, de Leon Jr. and Laxamana could be denied enrollment in view of such failing grades. SPECIAL CIVIC ACTION for certiorari and prohibition to review the decision of the TIP Board. ISSUE/S: Whether or not the exercise of the freedom of assembly on the part of certain students of the respondent Technological Institute of the Philippines could be a basis for their being barred from enrollment. HELD: NO, as is quite clear from the opinion in Reyes v. Bagatsing, the invocation of the right to freedom of peaceable assembly carries with it the implication that the right to free speech has likewise been disregarded. Both are embraced in the concept of freedom of expression, which is identified with the liberty to discuss publicly

and truthfully, any matter of public interest without censorship or punishment and which `is not limited, much less denied, except on a showing * * * of clear and present danger of substantive evil that the state has the right to prevent.' They do not, to borrow from the opinion of Justice Fortas in Tinker v. Des Moines Community School District, `shed their constitutional rights to freedom of speech or expression at the schoolhouse gate.' WHEREFORE, the writ of certiorari is granted to petitioners Venecio Villar, Inocencio F. Recitis, Rufino G. Salcon, Jr. and Romeo Guilatco, Jr. to nullify the action taken by respondents in violation of their constitutional rights. The writ of prohibition is likewise granted to such petitioners to enjoin respondents from the acts of surveillance, black listing, suspension and refusal to allow them to enroll in the coming academic year 1985-1986, if so minded. The petition is dismissed as to Noverto Barreto, Edgrado de Leon Jr. and Regloben Laxamana. No costs.