Sunday, February 8, 2009

NON VS. DAMES [185 SCRA 523; G.R. NO. 89317; 20 MAY 1990]



Facts:
Petitioners, students in private respondent Mabini Colleges, Inc. in Daet, Camarines Norte, were not allowed to re-enroll by the school for the academic year 1988-1989 for leading or participating in student mass actions against the school in the preceding semester. The subject of the protests is not, however, made clear in the pleadings.

Petitioners filed a petition in the court seeking their readmission or re-enrollment to the school, but the trial court dismissed the petition. They now petition the court to reverse its ruling in Alcuaz vs. PSBA1, which was also applied in the case. The court said that petitioners waived their privilege to be admitted for re-enrollment with respondent college when they adopted, signed, and used its enrollment form for the first semester of school year 1988-89, which states that: The Mabini College reserves the right to deny admission of students whose scholarship and attendance are unsatisfactory and to require withdrawal of students whose conduct discredits the institution and/or whose activities unduly disrupts or interfere with the efficient operation of the college. Students, therefore, are required to behave in accord with the Mabini College code of conduct and discipline.


Issue: Whether or Not the students’ right to freedom of speech and assembly infringed.


Held: Yes. The protection to the cognate rights of speech and assembly guaranteed by the Constitution is similarly available to students is well-settled in our jurisdiction. However there are limitations. The permissible limitation on Student Exercise of Constitutional Rights within the school presupposes that conduct by the student, in class or out of it, which for any reason whether it stems from time, place, or type of behavior should not materially disrupt classwork or must not involve substantial disorder or invasion of the rights of others.

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