Republic of the Philippines SUPREME COURT Manila THIRD DIVISION G.R. No.

127980 December 19, 2007

DE L S LLE UNIVERSIT!, INC., EMM NUEL S LES, RON LD HOLMES, "UDE DEL TORRE, MP RO RIO, C RMELIT #UE$ENGCO, GNES !UHICO %&' " MES ! P, petitioners, vs. THE COURT O( PPE LS, HON. )IL(REDO D. RE!ES, *& +*, c%-%c*./ %, Pre,*'*&0 "1'0e o2 $r%&c+ 34, Re0*o&%5 Tr*%5 Co1r. o2 M%&*5%, THE COMMISSION ON HIGHER EDUC TION, THE DEP RTMENT O( EDUC TION CULTURE ND SPORTS, LVIN GUIL R, " MES P UL $UNGU$UNG, RICH RD REVERENTE %&' RO$ERTO V LDES, "R., respondents.

"ungubung, Reverente, and Valdes, r.89 +9, Resolution of the -A dated :ctober .4, .773 den$ing the !otion for reconsideration85 +5, :rder dated anuar$ ;, .77; of the Regional Trial -ourt +RT-,, "ranch 53 Manila granting private respondent Aguilar2s !otion to reiterate %rit of preli!inar$ in/unction8< and +<, Resolution =o. .>.?73 dated Ma$ .<, .773 of the -o!!ission on @igher Education +-@E', e&onerating private respondent Aguilar and lo%ering the penalties for the other private respondents fro! e&pulsion to e&clusion.4 :n Ma$ 5, .774, the '()*?-)" oint 'iscipline "oard issued a Resolution.> finding private respondents guilt$. The$ %ere !eted the supre!e penalt$ of auto!atic e&pulsion,.7 pursuant to -@E' :rder =o. < Private respondents separatel$ !oved for reconsideration99 before the :ffice of the )enior Vice? President for Internal :perations of '()*. The !otions %ere all denied in a (etter?Resolution95 dated une ., .774. The ancillar$ re!ed$ pra$ed for is granted. Respondent, its agents, representatives, or an$ and all persons acting for and its behalf are hereb$ restrained and en/o$ed fro!: .. I!ple!enting and enforcing the Resolution dated Ma$ 5, .774 ordering the auto!atic e&pulsion of petitioner and petitioners?in? intervention and the (etter?Resolution dated une ., .7748 and 9. "arring the enroll!ent of petitioner and petitioners?in?intervention in the courses offered at respondent +'e (a )alle *niversit$, and to forth%ith allo% all said petitioner and

Facts: PRIVATE respondents Alvin Aguilar, a!es Paul "ungubung, Richard Reverente and Roberto Valdes, r. are !e!bers of Tau #a!!a Phi Fraternit$ %ho %ere e&pelled b$ the 'e (a )alle *niversit$ +'()*, and -ollege of )aint "enilde +-)",. oint 'iscipline "oard because of their involve!ent in an offensive action causing in/uries to petitioner a!es 0ap and three other student !e!bers of 'o!ino (u& Fraternit$. This is the bac1drop of the controvers$ before *s pitting private respondents2 right to education vis-a-vis the *niversit$2s right to acade!ic freedo!. A))AI(E' in this Petition for Certiorari, Prohibition and Manda!us under Rule 34 of the Rules of -ourt are the follo%ing: +., Resolution of the -ourt of Appeals +-A, dated ul$ 56, .773 dis!issing '()*2s petition for certiorari against respondent udge and private respondents Aguilar,

petitioners?in?intervention to enroll and co!plete their respective coursesAdegrees until their graduation thereat. 'espite the said order, private respondent Aguilar %as refused enroll!ent b$ petitioner '()* %hen he atte!pted to enroll on )epte!ber 99, .774 for the second ter! of )0 .774?.773. Thus, on )epte!ber 94, .774, Aguilar filed %ith respondent udge an urgent !otion to cite petitioners +respondents there, in conte!pt of court.5< Aguilar also pra$ed that petitioners be co!pelled to enroll hi! at '()* in accordance %ith respondent udge2s :rder dated )epte!ber 96, .774. :n )epte!ber 94, .774, respondent udge issued54 a %rit of preli!inar$ in/unction, the relevant portion of %hich reads: IT I) @ERE"0 :R'ERE' b$ the undersigned of the RE#I:=A( TRIA( -:*RT :F MA=I(A that until further orders, $ou the said 'E (A )A((E *niversit$ as %ell as $our subordinates, agents, representatives, e!plo$ees and an$ other person assisting or acting for or on $our behalf, to i!!ediatel$ desist fro! i!ple!enting the Resolution dated Ma$ 5, .774 ordering the auto!atic e&pulsion of petitioner and the intervenors in '()*, and the letter?resolution dated une ., .774 affir!ing the said Resolution of Ma$ 5, .774 and to i!!ediatel$ desist fro! barring the enrol!ent of petitioner and intervenors in the courses offered at '()* and to allo% the! to enroll and co!plete their degree courses until their graduation fro! said school.53 :n :ctober .3, .774, petitioner '()* filed %ith the -A a petition for certiorari5; +-A?#.R. )P =o. 5>;.7, %ith pra$er for a TR: andAor %rit of preli!inar$ in/unction to en/oin the enforce!ent of respondent udge2s )epte!ber 96, .774

:rder and %rit of preli!inar$ in/unction dated )epte!ber 94, .774. :n April .9, .773, the -A granted petitioners2 pra$er for preli!inar$ in/unction. :n Ma$ .<, .773, the -@E' issued its Buestioned Resolution =o. .>.?73, su!!aril$ disapproving the penalt$ of e&pulsion for all private respondents. As for Aguilar, he %as to be reinstated, %hile other private respondents %ere to be e&cluded.5> =ot%ithstanding the said directive, petitioner '()*, through petitioner Cuebengco, still refused to allo% private respondent Aguilar to enroll. Thus, private respondent Aguilar2s counsel %rote another de!and letter to petitioner '()*.<9 Mean%hile, on une 5, .773, private respondent Aguilar, using -@E' Resolution =o. .>.?73, filed a !otion to dis!iss<5 in the -A, arguing that -@E' Resolution =o. .>.?73 rendered the -A case !oot and acade!ic. Accordingl$, private respondent Aguilar %as allo%ed to conditionall$ enroll in petitioner '()*, sub/ect to the continued effectivit$ of the %rit of preli!inar$ in/unction dated )epte!ber 94, .774 and to the outco!e of -ivil -ase =o. 74?;<.99. :n Februar$ .;, .77;, petitioners filed the instant petition. I,,1e, .. Dhether it is the 'E-) or the -@E' %hich has legal authorit$ to revie% decisions of institutions of

higher learning that i!pose disciplinar$ action on their students found violating disciplinar$ rules. 9. Dhether or not petitioner '()* is %ithin its rights in e&pelling private respondents. 9.a Dere private respondents accorded due process of la%E 9.b -an petitioner '()* invo1e its right to acade!ic freedo!E 9.c Das the guilt of private respondents proven b$ substantial evidenceE 5. Dhether or not the penalt$ i!posed b$ '()* on private respondents is proportionate to their !isdeed.

It is the -@E', not 'E-), %hich has the po%er of supervision and revie% over disciplinar$ cases decided b$ institutions of higher learning. :n Ma$ .>, .77<, -ongress approved R.A. =o. ;;99, other%ise 1no%n as HAn Act -reating the -o!!ission on @igher Education, Appropriating Funds Thereof and for other purposes.H )ection 5 of the said la%, %hich paved the %a$ for the creation of the -@E', provides: )ection 5. Creation of the Commission on Higher Education. G In pursuance of the above!entioned policies, the -o!!ission on @igher Education is hereb$ created, hereinafter referred to as -o!!ission. The -o!!ission shall be independent and separate fro! the 'epart!ent of Education, -ulture and )ports +'E-), and attached to the office of the President for ad!inistrative purposes onl$. Its coverage shall be both public and private institutions of higher education as %ell as degree?granting progra!s in all post secondar$ educational institutions, public and private. The po%ers and functions of the -@E' are enu!erated in )ection > of R.A. =o. ;;99. The$ include the follo%ing: )ec. >. Powers and functions of the Commission. G The -o!!ission shall have the follo%ing po%ers and functions: &&&&

He5'6 Prefatoril$, there is !erit in the observation of petitioners45 that %hile -@E' Resolution =o. .>.?73 disapproved the e&pulsion of other private respondents, it nonetheless authoriFed their e&clusion fro! petitioner '()*. @o%ever, because of the dis!issal of the -A case, petitioner '()* is no% faced %ith the spectacle of having t%o different directives fro! the -@E' and the respondent udge G -@E' ordering the e&clusion of private respondents "ungubung, Reverente, and Valdes, r., and the udge ordering petitioner '()* to allo% the! to enroll and co!plete their degree courses until their graduation.

n, pro!ulgate such rules and regulations and e&ercise such other po%ers and functions as !a$ be necessar$ to carr$ out effectivel$ the purpose and ob/ectives of this Act8 and o, perfor! such other functions as !a$ be necessar$ for its effective operations and for the continued enhance!ent of gro%th or develop!ent of higher education. )HERE(ORE, the petition is P RTI LL! GR NTED. The -ourt of Appeals Resolutions dated ul$ 56, .773 and dated :ctober .4, .773, and Regional Trial -ourt of Manila, "ranch 53, :rder dated anuar$ ;, .77; are NNULLED A=' SET SIDE, %hile -@E' Resolution .>.?73 dated Ma$ .<, .773 is ((IRMED. Petitioner '()* is ordered to issue a certificate of co!pletionAgraduation in favor of private respondent Aguilar. :n the other hand, it !a$ e&clude or drop the na!es of private respondents "ungubung, Reverente, and Valdes, r. fro! its rolls, and their transfer credentials i!!ediatel$ issued. ): :R'ERE'.