Topic: In Adjudication of Cases; Due Process; Cardinal primary

rights

#115: UP Board of Regents v. CA (Mendoza, J.; 1999)

DOCTRINE: Due process in an administrative context does not

require a trial-type judicial proceeding. The essence of due
process in administrative proceedings is simply the opportunity to
explain one’s side of a controversy or a chance to seek
reconsideration of an action or ruling. Moreover, the writ of
mandamus is of no avail against an official or agency whose duty
requires the exercise of discretion or judgment; hence, it cannot
restrain a university from the exercise of its constitutionally
guaranteed academic freedom.

SUMMARY: The University of the Philippines’ Board of Regents

(UP BOR) withdrew the PhD in Anthropology degree conferred on
Indian national Arokiaswamy, after several committee
investigations found her guilty of plagiarizing her dissertation.
Arokiaswamy filed a petition for mandamus against UP for the
restoration of her degree. The RTC dismissed the petition on the
grounds of academic freedom but the CA reversed, holding that
Arokiaswamy was denied due process. The SC decided in favor of
the UP BOR and dismissed the petition for mandamus.

ISSUE: Whether administrative due process was denied – NO

RULING: In all the investigations by various committees,

Arokiaswamy was afforded the opportunity to be heard and
explain her side, but she failed to refute the plagiarism charge.
The findings revealed that she committed no less than 90
instances of intellectual dishonesty in her doctoral dissertation.
The withdrawal of her degree was based on documents on record,
including her admission that she committed the offense.
Moreover, since the UP Rules did not require the attendance of
persons whose cases are included as items on the agenda of the
UP BOR, she was not entitled to have an audience before the
Board. Furthermore, Sec. 5(2), Art. XIV of the Constitution
mandates the enjoyment of academic freedom in all institutions
of higher learning. Since these institutions have a wide sphere of
authority certainly extending to the choice of students, they
certainly can also determine on whom it can confer the honor and
distinction of being its graduates. Accordingly, a university has
the right to revoke or withdraw the honor or distinction it earlier
conferred if it is shown that the conferment of an honor or
distinction was obtained through fraud.