Non vs. Judge Dames

Non vs. Judge Dames II Facts: •

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Petitioners urge urge the Court to reverse and set aside the decision on Alcuaz vs. PSBA (the decision in the said case stated that schools can reuse readmission o students admitted in a !revious semester "ecause the contract "et#een the school and the student is terminated #hen the semester is over$ Petitioners #ere not allo#ed to reenroll at %a"ini College ater !artici!ating in student mass actions in the !receding semester  &he trial court dismissed their !etition. !etition.  &he court also denied their %' stating stating that due to the ruling in Alcuaz v. v. PSBA the contract "et#een the student and the school is terminated #hen the !receding semester ends. Furthermore the students #aived their right or readmission #hen the) continued to rall) against the school having *no#n that the orm the) signed or enrollment contains the condition that the school has the right to den) admission to students #hose conduct discredits the institution.  &he court also said that there must "e a clear legal right. right. Since %a"ini College en+o)s academic reedom it has the reedom o admitting or den)ing admission o a student. ,ence "eing readmitted is not a right "ut a !rivilege.

Issue: -N the termination o contract doctrine is a!!lica"le to the case at "ar 'atio:  &he case ocuses on the the right to s!eech and assem"l) assem"l) as e/ercised e/ercised ") students vis010vis the right o school o2cials to disci!line them  &he student does not not shed his constitutionall) constitutionall) !rotected rights at the school gate 3 the rights o s!eech and assem"l) #hich is constitutionall) !rotected is similarl) availa"le to students (%ala"anan v. 'amento and &in*er v. Des %oines Communit) School District$. %ala"anan case involved students #hich #ere given a !reventive sus!ension due to illegal assem"l) or conducting rallies outside the allo#ed school grounds and over the time !eriod allo#ed. Permissi"le Permissi"le 4imitations o Student 5/ercise o Constitutional o 'ights #ithin the school 3 (6uzman v. N7$. In 6uzman  the students are allo#ed to "e readmitted #ithout !re+udice to the im!osition o disci!linar) measure. ,o#ever disci!linar) sanctions re8uires o"servance o !rocedural due !rocess: (9$ the students must "e inormed in #riting o the nature and cause o an) accusation against them (;$ the) shall have the right to ans#er the charges against them #ith the assistance o counsel (<$ the) shall "e inormed o the evidence against them (=$ the) shall have the right to adduce evidence in their o#n "ehal (>$ the evidence must "e dul) considered ") an •

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investigating committee. Furthermore sanctions im!osed must "e !ro!ortional to the o?ense committed. Circumventing esta"lished doctrine 3 since the mala"anan o case the students have "een denied readmission due to other cause than !artici!ating in mass actions against the school o  &he Nature o Contract "et#een the school and the student 3 des!ite the ruling in alcuaz there is a !resum!tion that once admitted or a course and have "een enrolled or a semester the student is e/!ected to @nish the course. &he school cannot den) the readmission o a student. ,ence the contract o the student #ith the school is not an ordinar) contract. Academic Freedom not a ground or den)ing student rights 3 o the right o an institution o higher learning to set academic standards cannot "e utilized to discriminate against students #ho e/ercise their constitutional rights or s!eech and assem"l) or other#ise there #ill "e a violation o their right o e8ual !rotection  &he students #ho #ere not given ailing mar*s "ut denied reenrollment #ere reused reenrollment #ithout +ust cause. the denial or readmission o students #ith ailing mar*s #as also ound to "e a mere aterthought not relevant to the actual cause i.e. their !artici!ation in mass actions. Disci!linar) sanctions should still "e im!osed !rovided that these #ere !ro!ortionate to the o?enses incurred ") each student and that !rocedural due !rocess #as conducted "eore such sanctions #ere im!osed.

Decision: Petition is 6ranted. &he students are allo#ed to "e readmitted or reenrolled #ithout !re+udice to disci!linar) sanctions. PS: I didnt include the se!arate o!inions since the) are all concurring o!inions