Case Digest - ADMU v. Capulong

Ateneo de Manila University vs. Capulong, 222 SCRA 644, G.R. No.
99327 May 27,

1993
FACTS:
1. As a requisite to membership, the Aquila Legis, a fraternity organized in the Ateneo
Law School, held its initiation rites on February 8-10, 1991, for students interested in
joining its ranks.
2. As a result of such initiation rites, Leonardo “Lennie” H. Villa, a first year student of
petitioner university, died of serious physical injuries, while another freshman was
hospitalized for acute renal failure.
3. Petitioner Dean Cynthia del Castillo created a Joint Administration-Faculty-Student

Investigating Committee, tasked to investigate and submit a report on the
circumstances surrounding the death of Lennie Villa.
4. Respondent students were required to submit their written statements but failed to
file a reply. The Committee, after receiving the written statements and hearing the
testimonies of several witnesses, found a prima facie case against respondent
students for violation of Rule 3 of the Law School Catalogue entitled “Discipline.”
5. Petitioner Dean created a Disciplinary Board to hear the charges against

respondent students. The Board found respondent students guilty of violating Rule
No. 3 of the Ateneo Law School Rules on Discipline which prohibits participation in
hazing activities.
6. Ultimately, petitioner Fr. Bernas, as President of the Ateneo de Manila University,

imposed the penalty of dismissal on all respondent students.
7. Respondent students filed with the RTC, a petition for certiorari, prohibition and
mandamus with prayer for TRO and preliminary injunction alleging that unless a
temporary restraining order is issued, they would be prevented from taking their
examinations. On the same day, Judge Madayag issued a TRO enjoining petitioners
from dismissing respondent students and stopping the former from conducting
hearings relative to the hazing incident and ordered petitioners to reinstate
respondent students. But later on lapsed.
8. The Special Board of the school investigating petitioners Abas and Mendoza and directed
the dropping of their names from its roll of students
9. Hence, this special civil action of certiorari under Rule 65 with prayer for the
issuance of a temporary restraining order enjoining the enforcement of the May 17,
1991 order of respondent judge.
ISSUE:
Whether a school is within its rights in expelling students from its academic community
pursuant to its disciplinary rules and moral standards.
RULING:
Yes. Ateneo de Manila University complied with the minimum standards required in
expelling respondent students from that school.
—It cannot seriously be asserted that the above requirements were not met. When, in view
of the death of Leonardo Villa, petitioner Cynthia del Castillo, as Dean of the Ateneo Law
School, notified and required respondents students on February 11, 1991 to submit within
twenty-four hours their written statement on the incident, the records show that instead of
filing a reply, respondent students requested through their counsel, copies of the charges.
While some of the students mentioned in the February 11, 1991 notice duly submitted
written statements, the others failed to do so. Thus, the latter were granted an extension of
up to February 18, 1991 to file their statements.
Administrative proceedings made by a school against students charged with fatal

hazing need not be similar to a judicial proceeding.—
Respondent students may not use the argument that since they were not accorded the
opportunity to see and examine the written statements which became the basis of
petitioners’ February 14, 1991 order, they were denied procedural due process.
Granting that they were denied such opportunity, the same may not be said to detract from
the observance of due process, for disciplinary cases involving students need not
necessarily include the right to cross examination. An administrative proceeding conducted
investigate students’ participation in a hazing activity need not be clothed with the attributes
of a judicial proceeding.
A closer examination of the March 2, 1991 hearing which characterized the rules on the
investigation as being summary in nature and that respondent students have no right to
examine affiants-neophytes, reveals that this is but a reiteration of our previous ruling in
Alcuaz
Other points: ESCRA
“Academic freedom” defined.—

At this juncture, it would be meet to recall the essential freedoms subsumed by Justice Felix
Frankfurther in the term “academic freedom” cited in the case of Sweezy v. New
Hampshire, thus: (1) who may teach; (2) what may be taught; (3) how it shall be taught; and
(4) who may be admitted to study.
Right to continue studying in a school subject to academic and disciplinary

standards laid down by one’s school.
—Since Garcia v. Loyola School of Theology, we have consistently upheld the salutary
proposition that admission to an institution of higher learning is discretionary upon a
school, the same being a privilege on the part of the student rather than a right. While under
the Education Act of 1982, students have a right “to freely choose their field of study,
subject to existing curricula and to continue their course therein up to graduation,” such right
is subject, as all rights are, to the established academic and disciplinary standards laid
down by the academic institution.
Such rules are “incident to the very object of incorporation and indispensable to the
successful management of the college.
he rules may include those governing student discipline.” Going a step further, the
establishment of rules governing university-student relations, particularly those pertaining to
student discipline, may be regarded as vital, not merely to the smooth and efficient
operation of the institution, but to its very survival.

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Ateneo de Manila University vs. Capulong, 222 SCRA 644, G.R. No.

99327 May 27,

3. Petitioner Dean Cynthia del Castillo created a Joint Administration-Faculty-Student

5. Petitioner Dean created a Disciplinary Board to hear the charges against

6. Ultimately, petitioner Fr. Bernas, as President of the Ateneo de Manila University,

Administrative proceedings made by a school against students charged with fatal

“Academic freedom” defined.—

Right to continue studying in a school subject to academic and disciplinary

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