GR NO.

99327 May 27, 1993

ATENEO DE MANILA UNIVERSITY, FATHER JOAQUIN BERNAS, S. J., DEAN CYNTHIA
ROXAS-DEL CASTILLO, JUDGE RUPERTO KAPUNAN, JR., JUSTICE VENICIO
ESCOLIN, FISCAL MIGUEL ALBAR, ATTYS. MARCOS HERRAS, FERDINAND CASIS,
JOSE CLARO TESORO, RAMON CAGUIOA, and RAMON ERENETA. petitioners,
vs.
HON. IGNACIO M. CAPULONG, Presiding Judge of the RTC-Makati, Br. 134, ZOSIMO
MENDOZA, JR. ERNEST MONTECILLO, ADEL ABAS, JOSEPH LLEDO AMADO
SABBAN, DALMACIO LIM JR., MANUEL ESCONA and JUDE FERNANDEZ, respondents.
FACTS:
On February 8, 9, 10 1991, the Auila Legis, a fraternity organized in the Ateneo Law School,
held an initiation rites for students interested to join the group. As a result to the initiation,
Leonardo Lenny H. Avila, a first year student of the petitioner University died due to serious
injuries suffered during the initiation. And another student, Bienvenido Marquez was
hospitalized for acute renal failure due to the serious physical injuries suffered in the initiation.
On February 11,1994, Dean Cynthia del Castillo issued a notice in the creation of a Joint
Administration-Faculty-Student Investigating Committee to investigate on the matter. In the said
notice, the students-respondents were given twentyadfkansdlfkjasdlfkajsdfkasdlkfjewlkrjewcsdfour (24) hours to submit their written statements on the matter. Despite having received the
notice, the students-respondents failed to file their written statements with the body. On
February 14, 1991 after having finally received the written statements of the studentsrespondents, and after hearing the testimonies of several witnesses, the body find the studentsrespondents guilty of Violating Rule 3 of the Law School Catalogue entitled Discipline. The
students were given time to file their answers on the charge not later than Feb 18, 1991. On
February 20, 1991, a Disciplinary Board was created to hear the charges filed. Hearings and
investigation were conducted. In a resolution dated March 9, 1991, the Board foundthe studentsrespondents guilty of violating Rule 3 of the Ateneo Law School Rule on Discipline.
Consequently, Father Juaquin Bernas, President of Ateneo de Manila University accepted the
factual findings by the Board and imposed the penalty of dismissal of all-student-respondents. In
a separate resolution dated March 18, 1991 with concurrence of Fr. Bernas, the Board excluded
students Abas and Mendoza from the coverage resolution dated March 10, 1991 inasmuch as at
the time the latter resolution was promulgated neither has yet submitted their case to the Board
and set a different date for their investigation which was on March 21 1991. Abas Mendoza files
with the (RTC) of Makati City a petition for Certiorari, prohibition and mandamus with prayer
for TRO and Preliminary Injunction. The grounds relied upon is alleged lack of due process in
their dismissal. A TRO was issued by Judge Capulong and enjoying the conduct of the hearings
relative to the hazing incident. After the termination of the period of TRO, Dean del Castillo
created a Board to conduct the hearing of the hazing incident involving Abas and Mendoza. Abas
& Mendoza filed a supplemental Petition of Certiorari, prohibition and mandamus to include the
special member of said Board. Despite the written opposition coming from the petitioner, the
Judge on May 17, 1991 issued an order for the reinstatement of student. On May 17,1991, the
special board directed the dropping of Abas and Mendoza from the student roll. May 21, 1991,
the respondent taxi directed respondent Judge issued a Writ of Preliminary Injunction on the case
at bar.
I

ISSUE:
WON the respondent-students were denied due process.
RULING:
THE COURT FINDS FOR THE PETITIONER AND REVERSED THE ORDER OF
READMISSION ISSUED BY THE RESPONDENT JUDGE. The Judged committed grave
abuse of discretion when he ruled that the students respondents were not given due process. Due
process were afforded them. Notices and chances to give their statements were issued and
made.Witnesses testified.