Non vs.

Judge Dames II
Facts:
Petitioners urge the Court to reverse and set aside the decision on
Alcuaz vs. PSBA (the decision in the said case stated that schools
can refuse readmission of students admitted in a previous semester
because the contract between the school and the student is
terminated when the semester is over)
Petitioners were not allowed to reenroll at Mabini College after
participating in student mass actions in the preceding semester
The trial court dismissed their petition.
The court also denied their MR stating that, due to the ruling in
Alcuaz v. PSBA, the contract between the student and the school is
terminated when the preceding semester ends. Furthermore, the
students waived their right for readmission when they continued to
rally against the school having known that the form they signed for
enrollment contains the condition that the school has the right to
deny admission to students whose conduct discredits the institution.
The court also said that there must be a clear legal right. Since
Mabini College enjoys academic freedom, it has the freedom of
admitting or denying admission of a student. Hence, being
readmitted is not a right but a privilege.
Issue: WON the termination of contract doctrine is applicable to the case
at bar
Ratio:
The case focuses on the right to speech and assembly as exercised
by students vis--vis the right of school officials to discipline them
The student does not shed his constitutionally protected rights at
the school gate the rights of speech and assembly which is
constitutionally protected is similarly available to students
(Malabanan v. Ramento and Tinker v. Des Moines Community School
District). Malabanan case involved students which were given a
preventive suspension due to illegal assembly for conducting rallies
outside the allowed school grounds and over the time period
allowed.
o Permissible Limitations of Student Exercise of Constitutional
Rights within the school (Guzman v. NU). In Guzman , the
students are allowed to be readmitted without prejudice to the
imposition of disciplinary measure. However, disciplinary
sanctions requires observance of procedural due process: (1)
the students must be informed in writing of the nature and
cause of any accusation against them; (2) they shall have the
right to answer the charges against them with the assistance
of counsel; (3) they shall be informed of the evidence against
them; (4) they shall have the right to adduce evidence in their
own behalf; (5) the evidence must be duly considered by an

investigating committee. Furthermore, sanctions imposed

must be proportional to the offense committed.
o Circumventing established doctrine since the malabanan
case, the students have been denied readmission due to other
cause than participating in mass actions against the school
o The Nature of Contract between the school and the student
despite the ruling in alcuaz, there is a presumption that once
admitted for a course and have been enrolled for a semester,
the student is expected to finish the course. The school cannot
deny the readmission of a student. Hence, the contract of the
student with the school is not an ordinary contract.
o Academic Freedom not a ground for denying student rights
the right of an institution of higher learning to set academic
standards cannot be utilized to discriminate against students
who exercise their constitutional rights for speech and
assembly, for otherwise there will be a violation of their right
of equal protection
The students who were not given failing marks but denied
reenrollment were refused reenrollment without just cause. the
denial for readmission of students with failing marks was also found
to be a mere afterthought not relevant to the actual cause i.e. their
participation in mass actions.
Disciplinary sanctions should still be imposed provided that these
were proportionate to the offenses incurred by each student and
that procedural due process was conducted before such sanctions
were imposed.

Decision: Petition is Granted. The students are allowed to be readmitted or

reenrolled without prejudice to disciplinary sanctions.
PS: I didnt include the separate opinions since they are all concurring
opinions