Title
Non vs. Dames II
Case
G.R. No. 89317
Decision Date
May 20, 1990
Students denied re-enrollment after leading protests; Supreme Court ruled their constitutional rights to speech, assembly, and education were violated, overturning prior doctrine and mandating readmission.

Case Digest (G.R. No. 159785)
Expanded Legal Reasoning Model

Facts:

  • Parties and Proceedings
    • Petitioners: Thirteen students of Mabini Colleges, Inc., Daet, Camarines Norte, who led or participated in student mass actions in February 1988.
    • Respondents: Hon. Sancho Dames II (Presiding Judge, RTC Br. 38, Daet) and Mabini Colleges, Inc. (represented by its president and board chairman).
    • Petitioners were barred from re-enrollment for AY 1988–89; they filed a petition for mandamus in the RTC to compel readmission.
  • Trial Court Disposition
    • RTC (Aug 8, 1988): Dismissed petition, holding itself bound by the “termination of contract” doctrine in Alcuaz v. PSBA (enrollment ends each semester).
    • Motion for reconsideration (Feb 24, 1989): Denied, reiterating Alcuaz and ruling petitioners had failed to deny school’s affirmative defenses (due process afforded, disruption of classes, breach of school pledges and enrollment form conditions).
  • Supreme Court Proceedings
    • Petition for certiorari with preliminary mandatory injunction filed in SC; case referred to CA and then returned to SC en banc.
    • SC en banc consolidated pleadings: petition, comment, counter-comment, rejoinder, rejoinder to reply.
    • Central controversy: validity of Alcuaz “termination of contract” doctrine and denial of re-enrollment on grounds of protest activity and alleged academic deficiencies.

Issues:

  • Doctrinal Issue
    • Whether the Alcuaz “termination of contract” doctrine should be overruled, i.e., whether a student–school contract indeed ends at each semester.
  • Contractual and Public-Policy Issue
    • Whether the student–school relationship is an ordinary contract or one imbued with public interest, affording students a right to complete their course.
  • Constitutional and Procedural Issues
    • Whether denial of re-enrollment for leading/participating in peaceful protest violated students’ constitutional rights to free speech and assembly.
    • Whether petitioners were afforded procedural due process before being denied re-enrollment.
    • Whether invoking academic freedom and academic deficiency to bar re-enrollment improperly discriminated against petitioners for exercising fundamental rights.

Ruling:

  • (Subscriber-Only)

Ratio:

  • (Subscriber-Only)

Doctrine:

  • (Subscriber-Only)

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