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    Villar Vs TIP

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    Deonna Fernandez
    Seven students were refused enrollment at the Technological Institute of the Philippines (TIP) due to their participation in a protest, which was an exercise of their constitutional right to freedom of assembly. While TIP has academic freedom to set standards, it cannot use failing grades to discriminate against students who exercise constitutional rights. The court ruled that the four students who met TIP's requirements were entitled to enrollment, but the three students with failing grades could be denied based on academic standards. TIP cannot bar students from enrollment solely for participating in a protest.

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    Villar Vs TIP

    Uploaded by

    Deonna Fernandez
    1K views1 page
    Seven students were refused enrollment at the Technological Institute of the Philippines (TIP) due to their participation in a protest, which was an exercise of their constitutional right to freedom of assembly. While TIP has academic freedom to set standards, it cannot use failing grades to discriminate against students who exercise constitutional rights. The court ruled that the four students who met TIP's requirements were entitled to enrollment, but the three students with failing grades could be denied based on academic standards. TIP cannot bar students from enrollment solely for participating in a protest.

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    Political Law

    Original Title

    Villar vs TIP

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    Seven students were refused enrollment at the Technological Institute of the Philippines (TIP) due to their participation in a protest, which was an exercise of their constitutional right to freedom of assembly. While TIP has academic freedom to set standards, it cannot use failing grades to discriminate against students who exercise constitutional rights. The court ruled that the four students who met TIP's requirements were entitled to enrollment, but the three students with failing grades could be denied based on academic standards. TIP cannot bar students from enrollment solely for participating in a protest.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    1K views1 page

    Villar Vs TIP

    Uploaded by

    Deonna Fernandez
    Seven students were refused enrollment at the Technological Institute of the Philippines (TIP) due to their participation in a protest, which was an exercise of their constitutional right to freedom of assembly. While TIP has academic freedom to set standards, it cannot use failing grades to discriminate against students who exercise constitutional rights. The court ruled that the four students who met TIP's requirements were entitled to enrollment, but the three students with failing grades could be denied based on academic standards. TIP cannot bar students from enrollment solely for participating in a protest.

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    © All Rights Reserved
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    of 1

    G.R. No. 69198.

    April 17, 1985


    VENECIO VILLAR, INOCENCIO F. RECITIS, NOVERTO BARRETO, RUFINO G. SALCON, JR.,
    EDGARDO DE LEON, JR., REGLOBEN LAXAMANA, and ROMEO GUILATCO, JR., petitioners, vs.
    TECHNOLOGICAL INSTITUTE OF THE PHILIPPINES (TIP)

    FACTS:


    Petitioners Villar, Recitis, Barreto, Salcon, de Leon, Laxamana and Guilatco were all refused enrollment at
    the Technological Institute of the Philippines (TIP) due to their exercise of their constitutional right to
    freedom of assembly. As held in MALABANAN vs RAMENTO, petitioners cannot be barred from enrollment
    for their exercise of their freedom of assembly. In opposition to the petition filed by petitioners,
    respondent made reference to the academic records of petitioners, invoking the constitutional provision
    on academic freedom enjoyed by institutions of higher learning .Petitioners Barreto, de Leon, Jr. and
    Laxamana all obtained failing grades while petitioners Villar, Salcon, Guilatco and Recitis met the
    requirements for retention in the said institute, entitling them to the writs of certiorari and prohibition
    against TIP.

    ISSUE:

    1. Whether or not petitioners can be barred from enrollment for their exercise of their freedom of
    assembly.

    2. Whether or not TIP is under no obligation to admit the students with failing grades under the
    constitutional provision on academic freedom regarded to institution of higher learning.

    HELD:

    1. NO. Petitioners have a valid cause for complaint if the exercise of the constitutional rights to free
    speech and peaceable assembly was visited by their expulsion from respondent College.

    2. YES. The academic freedom enjoyed by "institutions of higher learning" includes the right to set
    academic standards to determine under what circumstances failing grades suffice for the
    expulsion of students. Once it has done so, however, that standard should be followed
    meticulously. It cannot be utilized to discriminate against those students who exercise their
    constitutional rights to peaceable assembly and free speech. If it does so, then there is a
    legitimate grievance by the students thus prejudiced, their right to the equal protection clause
    being disregarded. To that extent therefore, there is justification for excluding three of the
    aforementioned petitioners because of their marked academic deficiency.

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