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Academic Freedom of Institutions of Higher

Learning

Capitol Medical Center v. CA

closing down of a medical school; striking students and facultyOnce a student is accepted forenrollment in a given course, the school may not expel him or refuse re-enroll him until he

completes his course except when he is academically deficient or has violated the rules of

discipline; There is no contract that the school shall remain open for the entire duration of his

course; The contract between the college and a student who is enrolled and pays the fees for a

semester is for the entire semester only and not the entire course; The law does not require a

school to see a student through the completion of his course. If the school closes or is closed by

proper authority at the end of a semester, the student has no cause of action for breach of contractagainst the school.

Lupangco v. CA

forbidding examinees from attending review classes; CPA Board Exam - The assailed

resolution is not only unreasonable and arbitrary but it infringes on the examinees right to

liberty guaranteed by the Constitution. PRC has no authority to dictate on the reviewees as to

how they should prepare themselves for the licensure examinations. They cannot be restrainedfrom taking all the lawful steps needed to assure the fulfilment of their ambition; The assailed

resolution also infringes on the academic freedom of schools; PRC cannot interfere with the

conduct of review that review schools and centers believe would be best enable their enrollees to

meet the standards required before becoming a full-fledged public accountant. Unless the means

and methods of instruction are clearly found to be inefficient, impractical or riddled with

corruption, review schools and centers may not be stopped from helping out their students.

University of San Carlos v. CA

granting of honors - Schools of learning are given ample discretion to formulate rules and

guidelines in the granting of honors for purposes of graduation. This is part of academic

freedom. Within the parameters of these rules, it is within the competence of universities and

colleges to determine who are entitled to the grant of honors among the graduating students. Its

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discretion on this academic matter may not be disturbed much less controlled by the courts

unless there is grave abuse of discretion in its exercise.

Reyes v. CA

admission to the UP College of Medicine; 70, 90 cut-off, NMAT; UC wanted to admit them,

UPCM did not want to - Any entrance requirement that may be imposed by the College Faculty

must bear the UCs approval; The right and power to fix admission requirements is clearlyvested by law in the University Council; The UC has the final say in the admission requirements

provided that it conforms with the law, rules and regulations of the university.

Tan v. CArefusal of admission to Grace Christian High School - Private schools are subject to reasonable

regulation and supervision of the State, but they may also have the right to establish reasonable

rules

and regulations for the admission, discipline and promotion of students.

*Dissenting opinion of Justice Cruz: the academic freedom of the school to choose its students

should NOT be stretched beyond its constitutional limits.

Miriam College v. CA

Libog article; student press freedom; schools academic freedom - Academic freedom includes

the right of the school or college to decide for itself, its aims and objectives, and how best to

attain them free from outside coercion or interference save possibly when the overriding public

welfare calls for some restrain; SC has upheld the right of the students to free speech in school

premises; However, this right is not absolute. It must always be applied in light of the special

characteristics of the school environment; The power of the school to investigate, like the power

to suspend or expel, is an inherent part of academic freedom of institutions of higher learning

guaranteed by the Constitution.