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 Auila 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 studentsrespondents 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 find 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 foundthe
students-respondents guilty of violating Rule 3 of the Ateneo Law School Rule on Discipline.
Consequently, Father Juaquin 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 Mendoza files 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 taxi directed respondent Judge issued a Writ of Preliminary Injunction on the
case at bar.
I

ISSUE:
WON the respondent-students were denied due process.
RULING:
THE COURT FINDS FOR THE PETITIONER AND REVERSED THE ORDER OF READMISSION
ISSUED BY THE RESPONDENT JUDGE. The Judged committed grave abuse of discretion when he
ruled that the students respondents were not given due process. Due process were afforded them.
Notices and chances to give their statements were issued and made.Witnesses testified.