Professional Documents
Culture Documents
Judge Dames II
Facts:
Petitioners urge the Court to reverse and set aside the decision on
Alcuaz vs. PSBA (the decision in the said case stated that schools
can refuse readmission of students admitted in a previous semester
because the contract between the school and the student is
terminated when the semester is over)
Petitioners were not allowed to reenroll at Mabini College after
participating in student mass actions in the preceding semester
The trial court dismissed their petition.
The court also denied their MR stating that, due to the ruling in
Alcuaz v. PSBA, the contract between the student and the school is
terminated when the preceding semester ends. Furthermore, the
students waived their right for readmission when they continued to
rally against the school having known that the form they signed for
enrollment contains the condition that the school has the right to
deny admission to students whose conduct discredits the institution.
The court also said that there must be a clear legal right. Since
Mabini College enjoys academic freedom, it has the freedom of
admitting or denying admission of a student. Hence, being
readmitted is not a right but a privilege.
Issue: WON the termination of contract doctrine is applicable to the case
at bar
Ratio:
The case focuses on the right to speech and assembly as exercised
by students vis--vis the right of school officials to discipline them
The student does not shed his constitutionally protected rights at
the school gate the rights of speech and assembly which is
constitutionally protected is similarly available to students
(Malabanan v. Ramento and Tinker v. Des Moines Community School
District). Malabanan case involved students which were given a
preventive suspension due to illegal assembly for conducting rallies
outside the allowed school grounds and over the time period
allowed.
o Permissible Limitations of Student Exercise of Constitutional
Rights within the school (Guzman v. NU). In Guzman , the
students are allowed to be readmitted without prejudice to the
imposition of disciplinary measure. However, disciplinary
sanctions requires observance of procedural due process: (1)
the students must be informed in writing of the nature and
cause of any accusation against them; (2) they shall have the
right to answer the charges against them with the assistance
of counsel; (3) they shall be informed of the evidence against
them; (4) they shall have the right to adduce evidence in their
own behalf; (5) the evidence must be duly considered by an