G.R. No. 100588 - University of San Agustin, Inc. vs. Court of Appeals

Private respondents Antonio Marco Ho, Ma. Elaine Magante, Roy D. Sancho, Michael Kim So, and Bernardita Cainoy were third-year Nursing students at petitioner University of San Agustin (USA).
They were refused re-admission for summer classes of 1989 and the last two semesters of the 1989-1990 school year.
The basis for non-re-admission was their failure to obtain the required minimum grade of 80% in Nursing 104 (Nursing Practice II with Related Learning Experience), a major Nursing subject, and in two minor subjects.
The students alleged that their refusal to be re-admitted violated their right to finish their course and that no other school would accept them due to curricular and residency differences.
Consequently, the students filed a petition for mandamus to compel USA to re-admit them, also claiming actual and moral damages.

Petitioner USA, along with Dean Concepcion Cajilig and Clinical Instructors, admitted barring the students but justified the refusal as compliance with school policy.
The policy required at least an 80% grade in any major Nursing subject, including Nursing 104, and two minor subjects for re-admission.
Students and guardians were duly informed and warned of deficient performance.
Petitioners relied on Section 9(2) and Section 13(2) of Batas Pambansa Blg. 232 (Education Act of 1982), supporting the school's right to set academic qualifications and exercise academic freedom.
They argued mandamus was inappropriate as no clear legal right was violated and the school’s duty to re-admit was discretionary, not ministerial.

The trial court ruled against the students, holding that mandamus would not lie to compel re-admission for academic deficiency.
It emphasized the binding agreements signed by students and parents acknowledging academic standards requiring a minimum grade of 80%.
The court noted that warnings were given and promises to improve were signed by students who ultimately did not meet the standards.
The trial court held that academic freedom allowed the school to make such decisions and that equitable estoppel barred the students from reneging on their agreement.
The petition was dismissed with costs.

The Court of Appeals reversed the trial court ruling, ordering USA to re-admit the petitioners as 4th year students for the 1991-1992 school year.
It held that petitioners did not have academic deficiency as their grades (77%-78%) were passing (passing grade is 75%), and therefore they were entitled to continue their studies.
The court found the 80% requirement repugnant to public policy and unconstitutional as it restricted the students’ right to continue their course absent failure or disciplinary violation.
The court rejected the application of estoppel to bar petitioners’ claims.
Petitioners filed a motion to dismiss the appeal as moot since the students already enrolled and graduated elsewhere, which the appellate court denied.

Petitioners filed a petition for review asserting the case was moot and academic with no duty to re-admit since students already graduated elsewhere.
They argued the 80% grading standard was reasonable given the demanding nature of the Nursing profession and the school’s responsibility to maintain high academic standards.
They also contended the school’s academic freedom warranted deference to its standards.
Respondents contended even if moot, a ruling was proper for guidance.

Whether or not the petitioners (students) had a clear legal right to be re-admitted despite their failure to meet the 80% grade policy of the University of San Agustin.
Whether mandamus is an appropriate remedy to compel a private educational institution to re-admit students who failed to meet the academic standards set by the institution.
Whether the refusal to re-admit the students violated their constitutional right to education and their right to continue their course up to graduation absent academic deficiency or disciplinary violation.
Whether the case is moot and academic, considering the students already graduated from another college of nursing.