DLSU vs. CA Digest
DLSU vs. CA Digest
DLSU vs. CA Digest
SUPREME COURT
Manila
THIRD DIVISION
G.R. No. 127980
Facts:
PRIVATE respondents Alvin Aguilar, James Paul
Bungubung, Richard Reverente and Roberto Valdes, Jr.
are members of Tau Gamma Phi Fraternity who were
expelled by the De La Salle University (DLSU) and College
of Saint Benilde (CSB)1 Joint Discipline Board because of
their involvement in an offensive action causing injuries to
petitioner James Yap and three other student members of
Domino Lux Fraternity. This is the backdrop of the
controversy before Us pitting private respondents' right to
education vis-a-vis the University's right to academic
freedom.
ASSAILED in this Petition for Certiorari, Prohibition and
Mandamus under Rule 65 of the Rules of Court are the
following: (1) Resolution of the Court of Appeals (CA) dated
July 30, 1996 dismissing DLSU's petition for certiorari
against respondent Judge and private respondents Aguilar,
Held:
Prefatorily, there is merit in the observation of
petitioners53 that while CHED Resolution No. 181-96
disapproved the expulsion of other private respondents, it
nonetheless authorized their exclusion from petitioner
DLSU. However, because of the dismissal of the CA case,
petitioner DLSU is now faced with the spectacle of having
two different directives from the CHED and the respondent
Judge CHED ordering the exclusion of private
respondents Bungubung, Reverente, and Valdes, Jr., and
the Judge ordering petitioner DLSU to allow them to enroll
and complete their degree courses until their graduation.