Case Digest (G.R. No. 146683)
Facts:
In Crispin Malabanan, Evelio Jalos, Den Luther Lucas, Sotero Leonero, and June Lee (petitioners) vs. Anastacio D. Ramento, Director of the National Capital Region of the Ministry of Education, Culture and Sports, and the Gregorio Araneta University Foundation (respondents), the petitioners, officers of the Supreme Student Council of the private university, obtained a permit on August 27, 1982 to hold a general assembly from 8:00 A.M. to 12:00 P.M. at the VMAS basketball court. They convened at the second floor lobby instead, used megaphones to deliver vehement speeches opposing a proposed merger of academic institutes, and marched to the Life Science Building—beyond the permit’s scope—thus disrupting classes and non-academic work. Respondents demanded explanations, placed the petitioners under preventive suspension on September 9, 1982, and on October 20, 1982 respondent Ramento affirmed a finding of illegal assembly under paragraph 146(c) of the Manual for Private Schools, impoCase Digest (G.R. No. 146683)
Facts:
- Parties
- Petitioners: Crispin Malabanan, Evelio Jalos, Den Luther Lucas, Sotero Leonero and June (students and officers of the Supreme Student Council of Gregorio Araneta University Foundation).
- Respondents:
- Anastacio D. Ramento, Director, National Capital Region, Ministry of Education, Culture and Sports (MECS)
- Gregorio Araneta University Foundation and its officers (President, Director for Academic Affairs, Dean of Student Affairs, Chief Legal Counsel & Security Supervisor, Ad Hoc Committee members)
- Events Leading to Dispute
- On August 27, 1982, petitioners obtained a permit from the university to hold a general assembly from 8:00 A.M. to 12:00 P.M. at the Veterinary Medicine and Animal Science (VMAS) basketball court.
- They held the assembly at the second-floor lobby instead of the basketball court; they criticized the proposed merger of two institutes.
- At about 10:30 A.M., they marched to the Life Science Building, used megaphones, disrupted classes and non-academic work outside the permit area and beyond the permitted time.
- The university sought their explanation; on September 9, 1982, petitioners were placed under preventive suspension for holding an “illegal assembly.”
- On October 20, 1982, respondent Ramento affirmed the university’s finding of guilt under par. 146(c) of the Manual for Private Schools and imposed a one-year suspension.
- Petitioners filed certiorari, prohibition and mandamus proceedings before this Court and obtained on November 16, 1982, a temporary restraining order (TRO) staying enforcement of the suspension.
- Public and private respondents filed comments defending the suspension (public respondent arguing mootness; private respondents seeking lifting of the TRO).
Issues:
- Whether the one-year suspension violated petitioners’ constitutional rights to freedom of peaceable assembly and free speech.
- Whether the sanction was disproportionate to the infraction, giving rise to a due process violation.
- Whether the petition was moot or whether judicial determination remains necessary.
Ruling:
- (Subscriber-Only)
Ratio:
- (Subscriber-Only)
Doctrine:
- (Subscriber-Only)