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 Summary (G.R. No. 89317)

Petitioners

Students denied readmission/re-enrollment for Academic Year 1988-1989 after February 1988 mass actions against the school. They sought mandamus relief compelling their re-enrollment.

Respondents

Mabini College invoked the “termination of contract” doctrine (Alcuaz v. PSBA) and alleged academic deficiencies and procedural defaults to justify refusal. The trial court and court of appeals upheld the refusal.

Key Dates

– Trial court order dismissing petition: August 8, 1988
– Denial of reconsideration: February 24, 1989
– Supreme Court en banc acceptance: September 14, 1989
– Decision date: May 20, 1990

Applicable Law

– 1987 Constitution, Art. III, Sec. 4 (freedom of speech and assembly); Art. XIV (education as priority, State supervision)
– Manual of Regulations for Private Schools:
• Para. 107 (right to continuous enrollment barring academic or disciplinary disqualification)
• Para. 137 (fee-liability rules, not enrollment term)
• Para. 145 (due-investigation prerequisite for penalties)
– Batas Pambansa Blg. 232, Sec. 9(2) (student right to continue course except for academic deficiency or disciplinary violation)
– Jurisprudence: Alcuaz v. PSBA (161 SCRA 7), Malabanan v. Ramento (129 SCRA 359), Villar v. TIP (135 SCRA 706), Guzman v. NU (142 SCRA 699).

Background

After leading or joining rallies that temporarily disrupted classes, petitioners were barred from re-enrollment. They filed a mandamus petition in RTC. The RTC dismissed it, citing Alcuaz’ doctrine that a student-school contract ends each semester and schools may refuse subsequent readmission. Reconsideration was denied on grounds of academic freedom and alleged lack of due process.

Procedural History

– RTC dismissal (Aug. 8, 1988); denial of reconsideration (Feb. 24, 1989)
– CA referral (Apr. 10, 1989); certification back to SC (May 22, 1989)
– Transfer to en banc (Aug. 21, 1989); comments and rejoinders exchanged; case submitted

Issues

  1. Validity of “termination of contract” doctrine as grounds to deny re-enrollment
  2. Violation of constitutional rights to free speech and assembly
  3. Requirement of procedural due process in disciplinary measures
  4. Proper scope of academic freedom vis-à-vis student rights

Reassessment of “Termination of Contract”

Alcuaz misinterpreted Manual para. 137, which regulates fee liability, not enrollment duration. Educational contracts carry public interest and favor continuous enrollment under para. 107 and BP 232 Sec. 9(2). Schools cannot refuse re-enrollment solely because a semester term lapsed.

Constitutional Rights of Students

Under 1987 Const. Art. III Sec. 4, students retain freedom of speech and assembly on campus (Malabanan v. Ramento). Limitations apply only to conduct that materially disrupts classes or invades others’ rights.

Due Process and Discipline

Disciplinary sanctions require: written notice of charges; right to answer with counsel; disclosure of evidence; presentation of defense evidence; and decision by authorized body (Guzman v. NU; Manual para. 145). Penalties must be proportionate (Malabanan).

Academic Freedom Limitations

Institutions may set academic standards but must apply them uniformly and may not use them



...continue reading

Analyze Cases Smarter, Faster
Jur helps you analyze cases smarter to comprehend faster—building context before diving into full texts.