Guzman vs. NU (G.R. No. L-68288)

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 process due to the fact that they were active participants 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.”

Issue: 

WON the petitioners were denied due process.

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. 

The school had violated the Manual of Regulations for Private Schools that “no penalty shall be imposed upon any student except for cause as defined in the manual and/or in the school rules and regulations as duly promulgated and only after due investigation shall have been conducted.

There are 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.