ADU V. CAPULONG G.R. 99327; 27 MAY 1993
FACTS:
Leonardo H. Villa, a first year law student of Petitioner University, died of serious physical injuries at Chinese General Hospital after the initiation rites of Aquila Legis. Bienvenido Marquez was also hospitalized at the Capitol Medical Center. Petitioner Dean Cynthia del Castillo created a Joint Administration-Faculty-Student Investigating Committee which was tasked to investigate and submit a report within 72 hours on the circumstances surrounding the death of Lennie Villa. Said notice also required respondent students to submit their written statements within twenty-four (24) hours from receipt. Although respondent students received a copy of the written notice, they failed to file a reply.
In the meantime, they were placed on preventive suspension. The Investigating Committee found a prima facie case against respondent students for violation of Rule 3 of the Law School Catalogue entitled "Discipline."
Respondent students were then required to file their written answers to the formal charge. Petitioner Dean created a Disciplinary Board to hear the charges against respondent students. The Board found respondent students guilty of violating Rules on Discipline which prohibits participation in hazing activities.
However, in view of the lack of unanimity among the members of the Board on the penalty of dismissal, the Board left the imposition of the penalty to the University Administration. Accordingly, Fr. Bernas imposed the penalty of dismissal on all respondent students.
Respondent students filed with RTC Makati a TRO since they are currently enrolled. This was granted. A day after the expiration of the temporary restraining order, Dean del Castillo created a Special Board to investigate the charges of hazing against respondent students Abas and Mendoza. This was requested to be stricken out by the respondents and argued that the creation of the Special Board was totally unrelated to the original petition which alleged lack of due process. This was granted and reinstatement of the students was ordered.
ISSUE:
Was there denial of due process against the respondent students.
Held:
NO. There was no denial of due process, more particularly procedural due process. The Dean of the Ateneo Law School, notified and required respondent students to submit their written statement on the incident. Instead of filing a reply, respondent students requested through their counsel, copies of the charges. The nature and cause of the accusation were adequately spelled out in petitioners' notices. Present is the twin elements of notice and hearing.
The Minimum standards to be satisfied in the imposition of disciplinary sanctions in academic institutions, such as petitioner university herein, thus:
(1) the students must be informed in WRITING of the nature and cause of any accusation against them;
(2) that they shall have the right to answer the charges against them with the assistance of counsel, if desired:
(3) they shall be informed of the evidence against them
(4) they shall have the right to adduce evidence in their own behalf; and
(5) the evidence must be duly considered by the investigating committee or official designated by the school authorities to hear and decide the case.
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 respondent 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 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 . Indubitably, the nature and cause of the accusation were adequately spelled out in petitioners' notices dated February 14 and 20, 1991. 30 It is to be noted that the February 20, 1991 letter which quoted Rule No. 3 of its Rules of Discipline as contained in the Ateneo Law School Catalogue was addressed individually to respondent students. Petitioners' notices/letters dated February 11, February 14 and 20 clearly show that respondent students were given ample opportunity to adduce evidence in their behalf and to answer the charges leveled against them.
The requisite assistance of counsel was met when, from the very start of the investigations before the Joint Administration Faculty- Student Committee, the law firm of Gonzales Batiler and Bilog and Associates put in its appearance and filed pleadings in behalf of respondent students.
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 to 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 . Respondent students' contention that the investigating committee failed to consider their evidence is far from the truth because the February 14, 1992 ordered clearly states that it was reached only after receiving the written statements and hearing the testimonies of several witnesses. Similarly, the Disciplinary Board's resolution dated March 10, 1991 was preceded by a hearing on March 2, 1991 wherein respondent students were summoned to answer clarificatory questions.