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    (DIGEST) (CONSTI) Garcia v. Faculty Admission Committee

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    mikhailjavier
    The petitioner, Epicharis Garcia, was barred from re-admission to Loyola School of Theology. She filed a writ of mandamus to compel her re-admission. The court ruled against the petitioner for two reasons: 1) As a woman studying in a seminary for men training for the priesthood, she only had a privilege to study, not a right to admission. 2) The school has discretion on admitting qualified applicants under its academic freedom outlined in the Constitution. Therefore, the petition was dismissed for lack of merit.

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    (DIGEST) (CONSTI) Garcia v. Faculty Admission Committee

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    mikhailjavier
    4K views2 pages
    The petitioner, Epicharis Garcia, was barred from re-admission to Loyola School of Theology. She filed a writ of mandamus to compel her re-admission. The court ruled against the petitioner for two reasons: 1) As a woman studying in a seminary for men training for the priesthood, she only had a privilege to study, not a right to admission. 2) The school has discretion on admitting qualified applicants under its academic freedom outlined in the Constitution. Therefore, the petition was dismissed for lack of merit.

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    Original Title

    [DIGEST][CONSTI]Garcia v. Faculty Admission Committee

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    The petitioner, Epicharis Garcia, was barred from re-admission to Loyola School of Theology. She filed a writ of mandamus to compel her re-admission. The court ruled against the petitioner for two reasons: 1) As a woman studying in a seminary for men training for the priesthood, she only had a privilege to study, not a right to admission. 2) The school has discretion on admitting qualified applicants under its academic freedom outlined in the Constitution. Therefore, the petition was dismissed for lack of merit.

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
    Download as pdf or txt
    4K views2 pages

    (DIGEST) (CONSTI) Garcia v. Faculty Admission Committee

    Uploaded by

    mikhailjavier
    The petitioner, Epicharis Garcia, was barred from re-admission to Loyola School of Theology. She filed a writ of mandamus to compel her re-admission. The court ruled against the petitioner for two reasons: 1) As a woman studying in a seminary for men training for the priesthood, she only had a privilege to study, not a right to admission. 2) The school has discretion on admitting qualified applicants under its academic freedom outlined in the Constitution. Therefore, the petition was dismissed for lack of merit.

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    © All Rights Reserved
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    of 2

    Title:

    GARCIA vs. THE FACULTY ADMISSION COMMITTEE, LOYOLA SCHOOL


    OF THEOLOGY [G.R. No. L-40779]
    Date:

    Nov. 28, 1975
    Petitioner:
    Epicharis T. Garcia
    Respondent/s:
    The Faculty Admission Committee, Loyola School of
    Theology (Fr. Antonio B. Lambino)
    FACTS:
    1. Petitioner has been barred from being allowed re-admission into the
    respondent school, which is a seminary for the priesthood in
    collaboration with the Ateneo de Manila University. Petitioner was
    taking her studies leading to an M.A. in Theology at the time, but was
    no longer allowed to enroll in the Academic Year of 1975-1976.
    2. Petitioner contends that the reason behind the respondents refusal to
    re-admit her (as stated in a letter from the respondent), which is due
    to the fact that her frequent questions and difficulties that were
    slowing down the progress of the class, does not constitute valid legal
    ground for expulsion for they neither present any violation of any of
    the schools regulation, nor are they indicative of gross misconduct.
    She was advised to enroll in the University of Santo Tomas Graduate
    School (Ecclesiastical Faculty), where she will have to take up
    Philosophy (4-5 years, compared to 2 years in Ateneo) before she will
    be allowed to take Theology. She was, however, allowed to take some
    courses for credit, free of charge, during the summer sessions of the
    respondent school in 1975, but was not acknowledged to be enrolled
    in any degree program.
    3. Petitioner then filed for a writ of Mandamus to compel the respondent
    to allow her admission.
    ISSUE/S:
    1. Whether the petitioner is deemed to possess a right to be respected by
    the respondent in terms being denied re-admission?
    2. Whether the Faculty Admission Committee had to authority to bar the
    petitioner from continuing her studies in their institution?
    RULE/S:
    ARTICLE XIV

    SEC. 1 The State shall protect and promote the right of all citizens to
    quality education at all levels and shall take appropriate steps to make such
    education accessible to all.

    SEC. 5 (2) Academic freedom shall be enjoyed in all institutions of higher
    learning.
    ANALYSIS:
    1. Due to the fact that the respondent school the petitioner was enrolling
    to was a seminary for priesthood and for men, the most she could
    claim for is a privilege, and not a right. Furthermore, she was
    admittedly enrolling into a course that was not for the priesthood.
    Besides, even if, for the sake of argument, she was qualified to study
    for the priesthood, there is still no duty on the part of the respondent
    to admit her for the discretion to accept or reject qualified applicants
    still lies on the respondent school.

    2. Also, taking into consideration Sec. 5 of Art. XIV, the aforementioned


    discretion is backed by the Constitution.
    CONCLUSION:

    Petition is dismissed for lack of merit.

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