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

In 1972, the UP Board of Regents approved the establishment of the UP College Baguio High School (UPCBHS) as an integral component of the graduate program in education, intended to serve as a laboratory and demonstration school for prospective teachers.
The establishment was subject to several conditions, notably that UPCBHS must be self-supporting and should not require subsidies from the UP budget.

In 1978, a Division of Education was created under the UP College Baguio (UPCB), intended to be composed of a Department of Professional Education and a High School Department.
Despite the creation of the division, the Department of Professional Education was never organized, while the High School Department continued operations.

In 1981, a Committee to Review Academic Program recommended the abolition of UPCBHS, questioning its original purpose.
In 1985, further review by the Program Review Committee noted the program’s non-viability due to limited financial resources and the fact that UPCBHS was not fulfilling its role as a laboratory school for a teacher training program, a role essential for a proper function within the UP system.

On January 30, 1989, the UP Board of Regents approved the phase-out of UPCBHS, basing the decision on:

The insignificant number of UPCBHS graduates qualifying for and enrolling in UPCB.
The failure of the school to act as a laboratory or demonstration school for prospective teachers.
The observation that UPCBHS did not meet its conditional requirement of being self-supporting.

Consequent to the board’s decision, petitioner Dean Patricio Lazaro issued a memorandum directing the UPCBHS principal not to accept new incoming high school freshmen for the school year 1989-1990.

On May 25, 1989, the UP College Baguio High School Foundation, Inc., through its president Salvador Valdez, Jr., filed a petition for an injunction with the RTC-Baguio City (Branch VI).
The petition sought a temporary restraining order (TRO) to annul the UP Board of Regents’ decision and the memorandum issued by Dean Lazaro, on the grounds that the phase-out was without legal basis and unconstitutional.
Respondent Judge Ruben Ayson issued orders restraining petitioners from implementing the phase-out plan, a decision later met by the issuance of a TRO on June 27, 1989, by a higher court.

Petitioners argued that the decision to phase out UPCBHS was a legitimate exercise of academic freedom protected by the Constitution (Art. XIV, Sec. 5, para. 2).
Respondents contended that the abolition of UPCBHS infringed on the rights to quality education (Art. XIV, Sec. 1) and free public secondary education (Art. XIV, Sec. 2, para. 2), especially in light of the statutory mandate of the "Free Public Secondary Education Act of 1988" (Rep. Act No. 6655).

Whether the UP’s decision to phase out UPCBHS, as executed through the Board of Regents and the memorandum from Dean Lazaro, constitutes an unlawful or unconstitutional act.

This includes the inquiry into whether such a decision violates the constitutional guarantee of free public secondary education provided under Art. XIV, Sec. 1 and Sec. 2, para. 2.
The issue also examines whether the academic freedom enjoyed by the UP, as an institution of higher learning, permits the unilateral withdrawal or abolition of its secondary education program.

Whether the constitutional provision on academic freedom in Art. XIV, Sec. 5 granting autonomy to institutions of higher learning extends to decisions affecting secondary education operations within such institutions.
If the mandate for free public secondary education, as provided in the Constitution and upholding statutes like Rep. Act No. 6655, applies directly to the UP or is instead the responsibility of the state through the Department of Education.