Ayala, Jacobo Luis

Fabe, Betty Belle Irene

Maloloy-on, Malaica Nina
Violan, Aldrin Troy
LLB 1 - Viada
Leg Write 5-6 PM
July 3, 2015
GR NO. 99327 May 27, 1993
ATENEO DE MANILA UNIVERSITY, FATHER JOAQUIN BERNAS, S. J., DEAN
CYNTHIA ROXAS-DEL CASTILLO, JUDGE RUPERTO KAPUNAN, JR., JUSTICE
VENICIO ESCOLIN, FISCAL MIGUEL ALBAR, ATTYS. MARCOS HERRAS,
FERDINAND CASIS, JOSE CLARO TESORO, RAMON CAGUIOA, and RAMON
ERENETA. petitioners,vs.HON. IGNACIO M. CAPULONG, Presiding Judge of the
RTC-Makati, Br. 134, ZOSIMO MENDOZA, JR. ERNEST MONTECILLO, ADEL
ABAS, JOSEPH LLEDO AMADO SABBAN, DALMACIO LIM JR., MANUEL
ESCONA and JUDE FERNANDEZ, respondents.
Facts:
On February 8, 9, 10 1991, the Aquila Legis, a fraternity organized in the Ateneo
Law School, held an initiation rites for students interested to join the group. As a result to
the initiation, Leonardo Lenny H. Avila, a first year student of the petitioner University
died due to serious injuries suffered during the initiation. And another student,
Bienvenido Marquez was hospitalized for acute renal failure due to the serious physical
injuries suffered in the initiation.
On February 11,1994, Dean Cynthia del Castillo issued a notice in the creation of
a Joint Administration-Faculty-Student Investigating Committee to investigate on the
matter. In the said notice, the students-respondents were given twenty-four (24) hours to
submit their written statements on the matter. Despite having received the notice, the
students-respondents failed to file their written statements with the body.
On February 14, 1991 after having finally received the written statements of the
students-respondents, and after hearing the testimonies of several witnesses, the body
found the students-respondents guilty of Violating Rule 3 of the Law School Catalogue
entitled Discipline. The students were given time to file their answers on the charge not
later than Feb 18, 1991. On February 20, 1991, a Disciplinary Board was created to hear
the charges filed. Hearings and investigation were conducted. In a resolution dated March
9, 1991, the Board found the students-respondents guilty of violating Rule 3 of the
Ateneo Law School Rule on Discipline. Consequently, Father Joaquin Bernas, President
of Ateneo de Manila University accepted the factual findings by the Board and imposed
the penalty of dismissal of all-student-respondents. In a separate resolution dated March
18, 1991 with concurrence of Fr. Bernas, the Board excluded students Abas and Mendoza
from the coverage resolution dated March 10, 1991 inasmuch as at the time the latter
resolution was promulgated neither has yet submitted their case to the Board and set a
different date for their investigation which was on March 21 1991.
Abas and Mendoza filed with the (RTC) of Makati City a petition for Certiorari,
prohibition and mandamus with prayer for TRO and Preliminary Injunction. The grounds
relied upon is alleged lack of due process in their dismissal. A TRO was issued by Judge
Capulong and enjoying the conduct of the hearings relative to the hazing incident. After
the termination of the period of TRO, Dean del Castillo created a Board to conduct the
hearing of the hazing incident involving Abas and Mendoza. Abas & Mendoza filed a
supplemental Petition of Certiorari, prohibition and mandamus to include the special
member of said Board. Despite the written opposition coming from the petitioner, the
Judge on May 17, 1991 issued an order for the reinstatement of student.

On May 17,1991, the special board directed the dropping of Abas and Mendoza
from the student roll. May 21, 1991, the respondent Judge issued a Writ of Preliminary
Injunction on the matter, thus, this case.
Issue:
Whether the school is within its rights in expelling students from its academic
community pursuant to its disciplinary rules and moral standards.
Holding:
The instant petition was granted; the order of respondent Judge dated May 17,
1991 reinstating respondent students into petitioner University was reversed. The
resolution of petitioner Joaquin Bernas S. J., then President of Ateneo de Manila
University dated March 1991, was reinstated and the decision of the Special Board
dismissing respondent students Adel Abas and Zosimo Mendoza dated May 20, 1991 was
affirmed.
Reasoning:
Since Garcia v. Loyola School of Theology, The courts 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.
Moreover, quite applicable to this case is the courts pronouncement in Yap Chin
Fah v. Court of Appeals that: "The maintenance of a morally conducive and orderly
educational environment will be seriously imperiled if, under the circumstances of this
case, Grace Christian is forced to admit petitioner's children and to reintegrate them to the
student body." Thus, the decision of petitioner university to expel them is but congruent
with the gravity of their misdeeds. That there must be such congruence between the
offense committed and the sanction imposed was stressed in Malabanan v. Ramento.
Policy:
It must be borne in mind that universities are established, not
merely to develop the intellect and skills of the studentry, but to
inculcate lofty values, ideals and attitudes; nay, the development, or
flowering if you will, of the total man.
Certainly, with the facts stated above, the respondent students not deserve to claim
such a venerable institution as the Ateneo de Manila University as their own a minute
longer, for they may foreseeably cast a malevolent influence on the students currently
enrolled, as well as those who come after them.