Diosdado
Guzman vs National University
Facts:
Petitioners Diosdado Guzman, Ulysses Urbiztondo and Ariel Ramacula,
students of respondent National University, have come to this Court to seek
relief from what they describe as their school's "continued and persistent
refusal to allow them to enrol." In their petition "for extraordinary
legal and equitable remedies with prayer for preliminary mandatory
injunction" dated August 7, 1984, they alleged that they were denied due
to the fact that they were active participation in peaceful mass actions within
the premises of the University.
The respondents on the other hand claimed that the petitioners’ failure
to enroll for the first semester of the school year 1984-1985 is due to their
own fault and not because of their alleged exercise of their constitutional and
human rights. That as regards to Guzman, his academic showing was poor due to
his activities in leading boycotts of classes. That Guzman “is facing criminal
charges for malicious mischief before the Metropolitan Trial Court of Manila in
connection with the destruction of properties of respondent University. The
petitioners have “failures in their records, and are not of good scholastic
standing.”
Held:
Immediately apparent from a reading of respondents' comment and
memorandum is the fact that they had never conducted proceedings of any sort to
determine whether or not petitioners-students had indeed led or participated
"in activities within the university premises, conducted without prior
permit from school authorities, that disturbed or disrupted classes
therein" 3 or perpetrated acts of "vandalism, coercion and
intimidation, slander, noise barrage and other acts showing disdain for and
defiance of University authority." 4 Parenthetically, the pendency of a
civil case for damages and a criminal case for malicious mischief against
petitioner Guzman, cannot, without more, furnish sufficient warrant for his
expulsion or debarment from re-enrollment. Also apparent is the omission of
respondents to cite this Court to any duly published rule of theirs by which
students may be expelled or refused re-enrollment for poor scholastic standing.
There are withal minimum standards which must be met to satisfy the
demands of procedural due process; and these are, that
(1) the students must be informed in writing of the
nature and cause of any accusation against them;
(2)
they shag 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; and
(5)
the evidence must be duly considered by the investigating committee or official
designated by the school authorities to hear and decide the case.
THE PETITION WAS GRANTED AND THE RESPONDENTS ARE DIRECTED TO ALLOW THE
PETITIONERS TO RE-ENROLL WITHOUT PREJUDICE TO ANY DISCIPLINARY PROCEEDINGS.
