G.R. No. 88386 - University of the Philippines vs. Ayson

Parties and procedural posture
The petitioners were The University of the Philippines, the UP Board of Regents, and Dean Patricio Lazaro.
The respondents were Hon. Judge Ruben Ayson, Br. VI, RTC-Baguio City, and the UP College Baguio High School Foundation, Inc., represented by its president and chairman of the board, Salvador Valdez, Jr.
The petitioners filed a petition for certiorari with urgent prayer for a temporary restraining order to annul two orders issued by the respondent judge dated May 25, 1989 and June 14, 1989 in Civil Case No. 1748-R.
The underlying civil case was entitled "UP College Baguio High School Foundation, Inc., et al., v. The University of the Philippines, et al., " and sought injunction with preliminary preventive and mandatory injunction with prayer for a temporary restraining order.
On June 27, 1989, the Supreme Court issued a Temporary Restraining Order enjoining implementation of the assailed orders.

Establishment and structural setup of the institution
In 1972, the UP Board of Regents approved the establishment of UP College Baguio High School (UPCBHS) as an integral part of the graduate program in education.
The purpose of UPCBHS included serving as a laboratory and demonstration school for prospective teachers.
The approval in 1972 contained conditionalities:

In 1978, the Board of Regents provided for a Division of Education in UP College Baguio (UPCB) composed of:

The Department of Professional Education was never organized, although the High School Department operated continuously.

Review and recommendations leading to phase-out
In 1981, the Committee to Review Academic Program recommended the abolition of UPCBHS.
In 1985, the Program Review Committee asked UPCB to look into the viability of its secondary education program due to:

limited financial resources, and
UPCBHS failed to serve as a laboratory school for teacher training because UPCB does not offer programs in Education.

Board of Regents decision to phase out and related directive
On January 30, 1989, the UP Board of Regents approved the proposed phase-out of UPCBHS.
The phase-out was grounded on findings that included:

only an insignificant number of UPCBHS graduates qualified for admission and actually enrolled in UPC (UP at Baguio), and
UPCBHS was not serving as a laboratory or demonstration school for prospective teachers, and
UPCBHS was not a self-supporting unit.

After the Board’s approval, Dean Patricio Lazaro issued a memorandum directing the principal of UPCBHS not to accept new incoming high school freshmen for school year 1989-1990.

Institution of civil action and assailed orders
On May 25, 1989, UP College Baguio High School Foundation, Inc. filed with the Regional Trial Court of Baguio, Br. VI, presided by Judge Ruben Ayson, a petition for injunction with preliminary preventive and mandatory injunction, with prayer for a temporary restraining order.
The petition was docketed as Civil Case No. 1748-R.
The petition alleged, among others, that the UP Board of Regents decision to phase out UPCBHS was without legal basis and unconstitutional.
After filing, respondent judge issued the assailed Orders:

restraining petitioners from implementing the Board’s decision to phase out UPCBHS, and
restraining petitioners from implementing Dean Lazaro’s memorandum.

Whether the decision to phase out UPCBHS could be sustained under the constitutional guarantee of academic freedom for institutions of higher learning
Whether the UP, as an institution of higher learning, enjoyed academic freedom that permitted phase-out or abolition of a secondary unit not meeting its institutional purposes and conditions.

Whether free public secondary education under the Constitution and Rep. Act No. 6655 compelled UP to continue operating UPCBHS
Whether secondary public education is demandable against an institution of higher learning such as UP.
Whether Rep. Act No. 6655, which includes state colleges and universities offering secondary courses, prevented UP from unilaterally withdrawing from o...(Subscriber-Only)