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Non v.

Judge Dames
G.R. No. 89317| 20 May 1990 | Cortes, J.

Reassessment of the Alcuaz Doctrine: (Termination of Contract: Allowed schools to bar the readmission or re-
enrollment of students on the ground of the termination of contract upon the end of the first semester)

IN NON: (Followed mainly the doctrine in Malabanan and Guzman)

School’s academic freedom and authority over its students are recognized but they do not shed the students
of their constitutional rights. The students’ exercise of the freedom of assembly and speech cannot be a basis
for barring students from re-enrollment. However, schools are given power to impose disciplinary sanctions
which should not only follow the minimum procedural due process, but must also be in proportion to the offense

1. The petitioners are students of Mabini College. They were not allowed to re-enroll by the school for
the academic year 1988-1989 for leading and participating in student mass demonstrations against
the school in the preceding semester. (THE CASE DID NOT SPECIFY WHY THEY WERE
2. They now filed this petition seeking re-admission and to have the doctrine in Alcuaz (case#3)
3. RTC ruled in favor of the school relying mainly on the Alcuaz doctrine of “termination of contract”
4. The respondents also claim that the reason for the students’ non-admission was due to their
academic deficiencies and not merely their participations on the mass demonstrations.

W/N the students must be readmitted? - YES

SC reassessed the Alcuaz doctrine. They clarified that the “termination of contract” theory was incorrect
in holding that the contract between the students and the school terminates upon ending of the first sem,
because Paragraph 137 of the Manual of Regulations of Private Schools which the Alcuaz case relied
on was made to clarify that a student is deemed enrolled for the whole semester to protect schools where
tuition fees are collected and paid upon installment. It does not mean that a student is enrolled only for
one semester and that his admission for the next one will depend on the discretion of the school. Also,
the manual itself provide that the qualified for enrollment for the entire period he is expected to complete
his course without prejudice to his right to transfer.

Further, SC recognized the right of students to assembly and speech. They relied on the Malabanan
doctrine which held that schools cannot bar students from re-enrollment just because of their exercise of
such right. They do have the authority, however, to discipline their students and impose disciplinary
sanctions—such sanctions must be in proportion to the offense committed by the student.

It must also follow the minimum requirements of procedural due process: (1) 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, if desired; (3) they shall be informed of the
evidence against them, (4)they shall have the right to adduce evidence in their own behalf; (5) evidence
must be duly considered by the investigating committee or official school authorities to hear and decide
the case.

Petition is granted. Mabini College is ordered to readmit and to allow re-enrollment of petitioners.

Relevant Provisions: