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973.Non v.

Judge Dame - 185 SCRA 523 Whether or not the school has the right not to re-admit the petitioners.

Topic: Quality and accessibility of educational system RULING:

SUMMARY: Respondent Mabini College is ORDERED to readmit and to allow the re-
enrollment of petitioners.
Peitioners were not allowed to re-enroll on the basis of participating in
student mass against the school. The court held that the contract between The Supreme Court ruled that the trial court cannot anchor the
the school and the student is not an ordinary contract. It is imbued with “Termination of Contract” theory the contract between the school and the
public interest, considering the high priority given by the Constitution to student is not an ordinary contract. It is imbued with public interest,
education and the grant to the State of supervisory and regulatory powers considering the high priority given by the Constitution to education and the
over all educational institutions. It provides that every student has the right grant to the State of supervisory and regulatory powers over all educational
to enroll in any school college or university upon meeting its specific institutions. It is intended merely to protect schools wherein tuition fees are
requirements and reasonable regulations, collected and paid on installment basis. It cannot be construed to mean that
a student shall be enrolled for only one semester.
FACTS:
The right of an institution of higher learning to set academic standards
Petitioners, students in private respondent Mabini Colleges, Inc. were not cannot be utilized to discriminate against students who exercise their
allowed to re-enroll by the school for the academic year 1988-1989 for constitutional rights to speech and assembly, for otherwise there will be a
leading or participating in student mass actions against the school in the violation of their right to equal protection. It provides that every student
preceding semester. The subject of the protests is not, however, made clear has the right to enroll in any school college or university upon meeting its
in the pleadings. The trial court dismissed the petition, respondent Mabini specific requirements and reasonable regulations; . . . and that “the student
College is free to admit or not admit the petitioners for re-enrollment in is presumed to be qualified for enrollment for the entire period he is
view of the academic freedom enjoyed by the school. expected to complete the course, without prejudice to his right to transfer.”
The respondents, in justifying their action, stated that 8 of the petitioners
have incurred failing grades. In response, the petitioners stated that: (a)
three of them were graduating. (b) Their academic deficiencies do not
warrant non-readmission. (c) The improper conduct attributed to them was
during the exercise of the cognate rights of free speech and peaceable
assembly. (d) There was no due investigation that could serve as basis for
disciplinary action. (e) Respondent school is their choice institution near
their places of residence, which they can afford to pay for tertiary
education.

ISSUE: