LynNOtes

Academic Freedom

Alcuaz vs PSBA

Students conducted tumultuous demonstrations

The denial of due process is not tenable. After the clse of the 1st semester, the PSBA-QC no
longer has any existing contract either with the students or with the intervening teachers.
There is no more contract to speak of. The school cannot be compelled to enter into another
contract with said students and teachers

Ateneo de Manila University vs Hon. Capulong

a fraternity in Ateneo Law School named Aquila Legis conducted its initiation rites upon
neophytes. Unfortunately, one neophyte died as a result thereof and one was hospitalized
due to serious physical injuries.

Ateneo has the competence and the power to dismiss its erring students and therefore it
had validly exercised such power. This is academic freedom on the part of the school which
includes:

a. freedom to determine who may teach;

b. freedom to determine what may be taught;

c. freedom to determine how it shall be taught;

d. freedom to determine who may be admitted to study

Isabelo vs Perpetual Help

A student, Manuelito Isabelo, Jr., filed the instant petition for mandamus with prayer for a
writ of mandamus addressed to DECS to implement its order to re-admit him as a senior
graduating student of Perpetual Help College of Rizal (PHCR). He questioned the PHCR's
tuition fee increase.

Admission to an institution of higher learning is discretionary upon the school and

that such an admission is a mere privilege, rather than a right, on the part of the student.

However academic freedom is not an unabridged license. It is a privilege that assumes

a correlative duty to exercise it responsibly.
Expulsion is disproportionate to his deficiencies in his CMT course. The circumstances show
that the PHCR has strongly been influenced by his participation in questioning PHCR's
application for tuition fee increase. DECS should determine whether the petitioner really
 deserves to be in senior class or has a number of school deficiencies to overcome, as the
respondent school counters.

Non vs Dames
Petitioners, students in private respondent Mabini Colleges, Inc. were not allowed to re-
enroll by the school for the academic year 1988-1989 for leading or participating in student
mass actions against the school in the preceding semester.

The Supreme Court ruled that the trial court cannot anchor the Termination of Contract
theory the contract between the school and the student is not an ordinary contract. It is
imbued with public interest, considering the high priority given by the Constitution to
education and the grant to the State of supervisory and regulatory powers over
all educational institutions.

The right of an institution of higher learning to set academic standards cannot be utilized to
discriminate against students who exercise their constitutional rights to speech and
assembly.