Subject: Academic Freedom

Miriam College Foundation, Inc. v CA

Facts:

The members of the editorial board of the Miriam College Foundation’s school paper were
subjected to disciplinary sanction by the College Discipline Committee after letters of complaint
were filed before the Board following the publication of the school paper that contains obscene,
vulgar, and sexually explicit contents. Prior to the disciplinary sanction to the defendants they
were required to submit a written statement to answer the complaints against them to the
Discipline Committee but the defendants, instead of doing so wrote to the Committee to transfer
the case to the DECS which they alleged to have the jurisdiction over the issue. Pushing through
with the investigation ex parte the Committee found the defendants guilty and imposed upon
them disciplinary sanctions. Defendants filed before the court for prohibition with preliminary
injunction on said decision of the Committee questioning the jurisdiction of said Discipline
Board over the defendants.

Issue:

WON the Discipline Board of Miriam College has jurisdiction over the defendants.

Held:

The court resolved the issue before it by looking through the power of DECS and the
Disciplinary Committee in imposing sanctions upon the defendants. Section 5 (2), Article XIV of
the Constitution guarantees all institutions of higher learning academic freedom. This
institutional academic freedom includes the right of the school or college to decide for itself, its
aims and objectives, and how best to attain them free from outside coercion or interference save
possibly when the overriding public welfare calls for some restraint. Such duty gives the
institution the right to discipline its students and inculcate upon them good values, ideals and
attitude. The right of students to free speech in school is not always absolute. The court upheld
the right of students for the freedom of expression but it does not rule out disciplinary actions of
the school on the conduct of their students. Further, Sec. 7 of the of the Campus Journalism Act
provides that the school cannot suspend or expel a student solely on the basis of the articles they
write EXCEPT when such article materially disrupts class work of involve substantial disorder
or invasion of the rights of others. Therefore the court ruled that the power of the school to
investigate is an adjunct of its power to suspend or expel. It is a necessary corollary to the
enforcement of rules and regulations and the maintenance of a safe and orderly educational
environment conducive to learning. That power, like the power to suspend or expel, is an
inherent part of the academic freedom of institutions of higher learning guaranteed by the
Constitution. The court held that Miriam College has the authority to hear and decide the cases
filed against respondent students.