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Case Title Ateneo De Manila University v.

Capulong,

G.R. no. G.R. No. 99327


Main Topic Due Process
Other Related Topic
Date: May 27, 1993

DOCTRINES
1. POLITICAL LAW; DUE PROCESS; REQUIREMENTS; MINIMUM
STANDARD TO BE SATISFIED IN IMPOSING DISCIPLINARY
SANCTION BY AN ACADEMIC INSTITUTION. — Corollary to respondent
students' contention of denial of due process is their argument that it is the Ang
Tibay case [69 Phil. 635 (1940)] and not theGuzman case [142 SCRA 699], which
is applicable in the case at bar. Though both cases essentially deal with the
requirements of due process, the Guzman case is more apropos to the instant case,
since the latter deals specifically with the minimum standards to be satisfied in the
imposition of disciplinary sanctions in academic institutions, such as petitioner
university herein, thus: "(1) the students must be informed in writing of the nature
and cause of any accusation against them; (2) that they shall have the right to
answer the charges against them with the assistance of counsel, if desired; (3) they
shall be informed of the evidence against them; (4) they shall have the right to
adduce evidence in their own behalf; and (5) the evidence must be duly
considered by the investigating committee or official designated by the school
authorities to hear and decide the case."|||
2. ID.; ID.; ID.; MINIMUM STANDARD SATISFIED IN CASE AT
BAR. |||

3. ID.; ID.; DISCIPLINARY CASES INVOLVING STUDENTS,


ADMINISTRATIVE IN NATURE; RIGHT TO CROSS EXAMINE,
NOT INVOLVED. |||

4. ID.; ID.; ID.; PROOF BEYOND REASONABLE DOUBT, NOT


REQUIRED. |||

5. ID.; ADMINISTRATIVE LAW; EXHAUSTION OF


ADMINISTRATIVE REMEDIES, EXCEPTION; CASE AT BARID.;
ACADEMIC FREEDOM CONSTRUED; CASE AT BAR. |||

FACTS:
This is the case of Lennie Villa. The victim of hazing which happened in 1991. He was a
freshman in Ateneo Law School; a neophyte in the fraternity Aquila Legis.

During the initiation rites done Feb 8-10, 1991: Lennie died of serious physical injuries at
the Chinese General Hosp. on Feb 10 ; and another freshman victim Bienvenido Marquez
was also hospitalized at Capitol Medical Center for acute renal failure in relation to the
serious physical injuries.

Feb 11 - petitioner Dean Cynthia del Castillo created a Joint Administration-Faculty-


Student Investigating Committee which was tasked to investigate and submit a report
within 72 hours on the circumstances surrounding the death of Lennie. Said notice also
required respondent students to submit their written statements within twenty-four (24)
hours from receipt; they failed to file a reply. The students were placed on preventive
suspension. They requested copies of the charges and pertinent documents or affidavits.

February 14, 1991, the JAFSIC found a prima facie case against respondent students for
violation of Rule 3 of the Law School Catalogue entitled "Discipline."
Respondent students were then required to file their written answers to the formal charge
on or before February 18, 1991;
February 20, 1991, petitioner Dean created a Disciplinary Board (composed of
petitioners) to hear the charges.
In a letter dated February 20, 1991, respondent students were informed that they had
violated Rule No. 3 of the Rules on Discipline contained in the Law School Catalogue; it
ordered respondent students to file their written answers to the above charge on or before
February 22, 1991, otherwise they would be deemed to have waive their defense.
In a motion dated February 21, 1991, respondent students, that the investigation against
them be (suspended) pending action on their request for copies of the evidence against
them.
Respondent students were then directed by the Board to appear before it at a hearing on
February 28, 1991 to clarify their answers with regard to the charges filed by the
investigating committee for violation of Rule No. 3. However, in a letter to petitioners
dated February 27, 1991, counsel for respondent students moved to postpone the hearing
from February 28, 1991 to March 1, 1991.
Respondent students were directed to appear on March 2, 1991 for clarificatory
questions.
In a resolution dated March 9, 1991, the Disciplinary Board formed by Ateneo
found seven students guilty of violating Rule 3 of the Rules on Discipline. Fr.
Joaquin Bernas, then president of Ateneo, on the basis of the findings, ordered the
expulsion of the seven students. However, on May 17, 1991, Judge Ignacio Capulong
of the Makati RTC, upon the students’ petition for certiorari, prohibition, and
mandamus, ordered Ateneo to reverse its decision and reinstate the said students.

ISSUE:

Whether or not the Ateneo Law School has competence to issue an order dismissing such
students pursuant to its rules.
((Respondent students argue that petitioners are not in a position to file the instant
petition under Rule 65 considering that they failed to file a motion for
reconsideration first before the trial court, thereby bypassing the latter and the
Court of Appeals))

HELD:
Yes, Ateneo has the competence and the power to dismiss its erring students and therefore it
had validly exercised such power. The students do not deserve to claim such a venerable
institution such as Ateneo as their own a minute longer for they may forseeably cast
a malevolent influence on students currently enrolled as well as those who come after
them. This is academic freedom on the part of the school which includes:
a. freedom to determine who may teach;
b. freedom to determine what may be taught;
c. freedom to determine how it shall be taught;
d. freedom to determine who may be admitted to study.
----
It is accepted legal doctrine that an exception to the doctrine of exhaustion of
remedies is when the case involves a question of law, as in this case, where the
issue is whether or not respondent students have been afforded procedural due
process prior to their dismissal from petitioner university.
It will seriously impair petitioner university's academic freedom which has been
enshrined in the 1935, 1973 and the present 1987 Constitutions.
The breakthrough for the concept itself was found in Section 5 of the 1935
Constitution which stated: "Universities established by the State shall enjoy
academic freedom."
In an attempt to broaden the coverage of the provision, the 1973
Constitution provided in its Section 8 (2): "All institutions of higher learning shall
enjoy academic freedom."
In an attempt to give an explicit definition with an expanded coverage, the
Commissioners of the Constitutional Commission of 1986 came up with this
formulation: "Academic freedom shall be enjoyed by students, by teachers, and by
researchers." After protracted debate and ringing speeches, the final version which
was none too different from the way it was couched in the previous two (2)
Constitutions, as found in Article XIV, Section 5 (2) states: "Academic freedom
shall be enjoyed in all institutions of higher learning."
Since Garcia v. Loyola School of Theology, we have consistently upheld the
salutary proposition that admission to an institution of higher learning is
discretionary upon a school, the same being a privilege on the part of the student
rather than a right. While under the Education Act of 1982, students have a right
"to freely choose their field of study, subject to existing curricula and to continue
their course therein up to graduation," such right is subject, as all rights are, to the
established academic and disciplinary standards laid down by the academic
institution.
"For private schools have the right to establish reasonable rules and
regulations for the admission, discipline and promotion of students. This right
. . . extends as well to parents . . . as parents are under a social and moral (if
not legal) obligation, individually and collectively, to assist and cooperate with
the schools."
Such rules are "incident to the very object of incorporation and indispensable to
the successful management of the college. The rules may include those governing
student discipline."; may be regarded as vital, not merely to the smooth and
efficient operation of the institution, but to its very survival.
Having carefully reviewed the records and the procedure followed by petitioner
university, we see no reason to reverse its decision founded on the following
undisputed facts: that on February 8, 9 and 10, 1991, the Aquila Legis Fraternity
conducted hazing activities; that respondent students were present at the hazing as
auxiliaries, and that as a result of the hazing, Leonardo Villa died from serious
physical injuries, while Bienvenido Marquez was hospitalized. In light of the
vicious acts of respondent students, how can we countenance the imposition of
such nominal penalties as reprimand or even suspension? We, therefore, affirm
petitioners' imposition of the penalty of dismissal upon respondent students.
This finds authority and justification in Section 146 of the Manual of Regulations
for Private Schools.
WHEREFORE, the instant petition is GRANTED; the order of respondent Judge
dated May 17, 1991 reinstating respondent students into petitioner university is
hereby REVERSED. The resolution of petitioner Joaquin Bernas S. J., then
President of Ateneo de Manila University dated March 10, 1991, is
REINSTATED and the decision of the Special Board DISMISSING respondent
students ADEL ABAS and ZOSIMO MENDOZA dated May 20, 1991 is hereby
AFFIRMED.

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