POLI - #8

Calawag v UP Visayas (2013)

Doctrine:
The academic freedom accorded to institutions of higher learning gives them the right to
decide for themselves their aims and objectives and how best to attain them.

They are given
the exclusive discretion to determine who can and cannot study in them, as well as to whom
they can confer the honor and distinction of being their graduates.
As such, the right to education is not absolute. Section 5(e), Article !" of the #onstitution
$rovides that %&e'very citi(en has a right to select a $rofession or course of study, subject to
fair, reasonable, and e)uitable admission and academic re)uirements.* The thesis
re)uirement and the com$liance with the $rocedures leading to it, are $art of the reasonable
academic re)uirements a $erson desiring to com$lete a course of study would have to
com$ly with.
Facts:
The $etitioners are enrolled in the +aster of Science in ,isheries -iology at ./
"isayas under a scholarshi$ from the 01ST2/hili$$ine #ouncil for A)uatic and +arine
3esearch and 0evelo$ment.
The $etitioners then enrolled in the thesis $rogram in their second year, drafted their
tentative thesis titles, and obtained the consent of their thesis adviser, 0r. -ale4a, as
well as the other faculty members5 consent to constitute their res$ective thesis
committees.
These details were enclosed in the letters the $etitioners sent to 0ean -aylon, as6ing
him to a$$rove the com$osition of their thesis committees. The letter contained the
thesis committee members and the thesis adviser5s a$$roval of their titles, as well as
the a$$roval of /rofessor 3oman Sanares, the director of the !nstitute of +arine
,isheries and 1ceanology.
.$on recei$t of the $etitioners5 letters, 0ean -aylon )uestioned the $ro$riety of the
thesis to$ics with the college5s graduate degree $rogram. 7e subse)uently
disa$$roved the com$osition of the $etitioners5 thesis committees and their tentative
thesis to$ics.
According to 0ean -aylon, the $etitioners5 thesis titles connote a historical and social
dimension study which is not a$$ro$riate for the $etitioners5 chosen master5s
degrees. 7e subse)uently ordered the $etitioners to submit a two2$age $ro$osal
containing an outline of their tentative thesis titles, and informed them that he is
forming an ad hoc committee that would ta6e over the role of the adviser and of the
thesis committees.
The $etitioners thus 8led a $etition for certiorari and mandamus before the 3T#,
as6ing it to order 0ean -aylon to a$$rove and constitute the $etitioners5 thesis
committees and a$$rove their thesis titles. They also as6ed that the 3T# issue a writ
of $reliminary mandatory injunction against 0ean -aylon, and order him to $erform
such acts while the suit was $ending.
3T#9 grants $etition and issues writ of $reliminary mandatory injunction, which 0ean
-aylon allegedly refused to follow. ./ "isayas subse)uently 8led a 3ule :5 $etition
before the #A $raying for a T31.
#A9 issued a T31 against the im$lementation of the 3T#5s order, holding that the
$etitioners had no clear right to com$el 0ean -aylon to a$$rove the com$osition of
their thesis committees as a matter of course. As the college dean, 0ean -aylon
exercises su$ervisory authority in all academic matters a;ecting the college.
The $etitioners argue that under the ./ "isayas <uidelines for the +aster of Science
in ,isheries /rogram, the 0ean has a formal duty to a$$rove the com$osition of the
$etitioners5 thesis committees u$on the recommendation of the chair$erson of the
major de$artment=division=institute. Thus, when the $etitioners com$lied with these
re)uirements and 0ean -aylon still refused to a$$rove the com$osition of their thesis
committees, the $etitioners had a right to have him com$elled to $erform his duty.
/etitioners also argue that 0ean -aylon violated their right to due $rocess when he
added to and changed the re)uirements for the constitution of his thesis committee,
without $rior $ublication of the change in rules. Their right to e)ual $rotection of the
law was also violated because only students li6e him, who chose 0r. -ale4a for their
thesis adviser, were subjected to the additional re)uirements im$osed by the dean,
while the other students5 thesis committees were formed without these im$ositions.
Issues:
>hether or not ./ "isayas has violated the $etitioners5 constitutional rights when 0ean
-aylon disa$$roved their thesis titles
!el"#ati$:
?o.
The #A did not err in ruling that the $etitioners failed to show a clear and unmista6able right
that needs the $rotection of a $reliminary mandatory injunction. >e su$$ort the #A5s
conclusion that the dean has the discretion to a$$rove or disa$$rove the com$osition of a
thesis committee, and, hence, the $etitioners had no right for an automatic a$$roval and
com$osition of their thesis committees.
.nder the ./ System5s faculty manual, the dean has com$lete discretion in a$$roving or
disa$$roving the com$osition of a thesis committee. 7armoni(ing this $rovision with the
<raduate /rogram +anual of ./ "isayas, and the <uidelines for the +aster of Science in
,isheries /rogram, we agree with the #A5s inter$retation that the thesis committee5s
com$osition needs the a$$roval of the dean.
Absent any 8nding of grave abuse of discretion, we cannot interfere with the exercise of the
dean5s $rerogative without encroaching on the college5s academic freedom.
The academic freedom accorded to institutions of higher learning gives them the right to
decide for themselves their aims and objectives and how best to attain them.

They are given
the exclusive discretion to determine who can and cannot study in them, as well as to whom
they can confer the honor and distinction of being their graduates.
As such, the right to education is not absolute. Section 5(e), Article !" of the #onstitution
$rovides that %&e'very citi(en has a right to select a $rofession or course of study, subject to
fair, reasonable, and e)uitable admission and academic re)uirements.* The thesis
re)uirement and the com$liance with the $rocedures leading to it, are $art of the reasonable
academic re)uirements a $erson desiring to com$lete a course of study would have to
com$ly with.
0igested by9 Aeron -. 7alos