UP V. LIGOT-TAN G.R. No. 110280 October 12, 1993
FACTS:
In an effort to make the University of the Philippines (U.P.) truly the University of the People, U.P. administration conceptualized and implemented the socialized scheme of tuition fee payments through
the Socialized Tuition Fee and Assistance Program (STFAP), popularly known as the "Iskolar ng Bayan" program. After broad consultations with the various university constituencies, U.P. President Jose V. Abueva, the U.P. Board of Regents issued on April 28, 1988, a Resolution establishing the STFAP. A year later, it was granted official recognition when the Congress of the Philippines allocated a portion of the National Budget for the implementation of the program.
In the interest of democratizing admission to the State University, all students are entitled to apply for STFAP benefits which include a reduction in fees, living and book subsidies and student assistantships which give undergraduate students the opportunity to earn P12.00 per hour by working for the University.
Applicants are required to accomplish a questionnaire where, among others, they state the amount and source of the annual income of the family, their real and personal properties and special circumstances from which the University may evaluate their financial status and need on the basis of which they are categorized into brackets.
To further ensure the integrity of the program, a random sampling scheme of verification of data indicated in a student's application form is undertaken.
Among those who applied for STFAP benefits for the School Year 1989-90 was Ramon P. Nadal, a student enrolled in the College of Law. A team composed of Arsenio L. Dona and Jose Carlo Manalo conducted a home investigation at the residence of Nadal. Ms. Cristeta Packing, Nadal's aunt, was interviewed and the team submitted a home visit report.
Consolacion Urbino, Scholarship Affairs Officer II, found discrepancies between the report and Nadal's application form. Forthwith, she and Bella M. Villanueva, head of the Office of Scholarships and Student Services, presented the matter to the Diliman Committee on Scholarships and Financial Assistance.
In compliance with the said Committee's directive, Bella Villanueva wrote Nadal informing him that the investigation showed that he had failed to declare, not only the fact that he had been maintaining a 1977 Corolla car which was owned by his brother but also the income of his mother who was supporting his brothers Antonio and Federico. Nadal was likewise informed that the Diliman Committee had reclassified him to Bracket 9 (from Bracket 4), retroactive to June 1989, unless he could submit "proofs to the contrary."
Nadal was required "to pay back the equivalent amount of full school fees" with "interest based on current commercial rates." Failure to settle his account would mean the suspension of his registration privileges and the withholding of clearance and transcript of records. He was also warned that his case might be referred to the Student Disciplinary Tribunal for further investigation of commercial rates."
Failure to settle his account would mean the suspension of his registration privileges and the withholding of clearance and transcript of records.
He was also warned that his case might be referred to the Student Disciplinary Tribunal for further investigation.
Nadal issued a certification stating, among other things, that his mother migrated to the United States in 1981 but because her residency status had not yet been legalized, she had not been able to find a "stable, regular, well-paying employment."
U.P. charged Nadal before the Student Disciplinary Tribunal (SDT) that he committed acts which find him guilty of willfully and deliberately withholding information about the income of his mother, who is living abroad and that he was maintaining a Toyota Corolla car. As such, the SDT imposed upon Nadal the penalty of expulsion from the University and required him to reimburse all STFAP benefits he had received but if he does not voluntarily make reimbursement, it shall be "effected” by the University thru outside legal action.
The SDT decision was thereafter automatically elevated to the Executive Committee of U.P. Diliman for review pursuant to Sec. 20 of the U.P. Rules on Student Conduct and Discipline. Board of regents modified the penalty from Expulsion to One Year- Suspension, effective immediately, plus reimbursement of all benefits received from the STFAP, with legal interest.
However, the BOR also decided against giving Nadal, a certification of good moral character. Nadal forthwith filed a motion for reconsideration of the BOR decision, in the next BOR meeting Regent Antonio T. Carpio raised the "material importance" of the truth of Nadal's claim that earlier, he was a beneficiary of a scholarship and financial aid from the Ateneo de Manila University (AdeMU).
Learning that the "certification issued by the AdeMU that it had not given Nadal financial aid while he was a student there was made through a telephone call," Regent Carpio declared that there was as yet "no direct evidence in the records to substantiate the charge." According to Carpio, if it should be disclosed that Nadal falsely stated that he received such financial aid, it would be a clear case of gross and material misrepresentation that would even warrant the penalty of expulsion.
Hence, he cast a conditional vote that would depend on the verification of Nadal's claim on the matter. U.P. President and concurrently Regent Jose V. Abueva countered by stating that "a decision should not be anchored solely on one piece of information which he considered irrelevant, and which would ignore the whole pattern of the respondent's dishonesty and deception from 1989 which had been established in the investigation and the reviews."
In the morning of March 29, 1993, the AdeMU issued a certification to the effect that Nadal was indeed a recipient of a scholarship grant from 1979 to 1983.
That evening, the BOR met again at a special meeting, according to Regent Carpio, in executive session, the BOR found Nadal "guilty."
However, on April 22, 1993, Nadal filed with the Regional Trial Court of Quezon City a petition for mandamus with preliminary injunction and prayer for a temporary restraining order against President Abueva, the BOR, Oscar M. Alfonso, Cesar A. Buenaventura, Armand V. Fabella and Olivia C. Caoili.
ISSUE:
WON the Board of Regent violated Nadal's right to due process when it rendered a decision finding Nadal guilty of the charges against him" during the March 29, 1993, meeting.
HELD:
NO. With respect to the March 29, 1993 meeting, respondent considers the same as "unquestionably void for lack of due process" inasmuch as he was not sent a notice of said meeting, that imposition of sanctions on students requires "observance of procedural due process," the phrase obviously referring to the sending of notice of the meeting.
However, BOR ruled that in any event, it is a gross error to equate due process in the instant case with the sending of notice of the March 29, 1993, BOR meeting to the respondent.
University rules do not require the attendance in BOR meetings of individuals whose cases are included as items on the agenda of the Board. This is not exclusive of students whose disciplinary cases have been appealed to the Board of Regents as the final review body. At no time did respondent complain of lack of notice given to him to attend any of the regular and special BOR meetings where his case was up for deliberation. Counsel for Nadal charged before the lower court that Nadal was not given due process in the March 29 meeting because the ground upon which he was again convicted was not the same as the original charge. Obviously, he was referring to the basis of the conditional votes on March 28. Whether or not Nadal was telling the truth when he claimed that he received a scholarship grant from the AdeMU. However, Regent Carpio himself testified that the charge considered was "exactly the same charge" of withholding information on the income of Nadal's mother. It should be stressed that the reason why Regent Carpio requested a verification of Nadal's claim that he was a scholar at the AdeMU was that Regent Carpio was not "morally convinced" yet as to the guilt of Nadal. In other words, he sought additional insights into the character of Nadal through the information that would be obtained from the AdeMU. The Court in this regard finds such information to be irrelevant and a mere superfluity. In his July 12, 1991 certification aforementioned, Nadal admitted, although inconsistently, that his mother was a "TNT" who could not find a "stable, regular, well-paying employment" but that she was supporting the education of his brothers with the help of another son. The court constitutes this as a sufficient admission that Nadal withheld information on the income, however measly and irregular, of his mother. The court also sighted that respondent aspires to join the ranks of the professionals who would uphold truth at all costs so that justice may prevail.
In those who exhibit duplicity in their student days, one spots the shady character who is bound to sow the seeds of chicanery in the practice of his profession. With this the court ruled that it sufficiently shown that respondent has committed an act of dishonesty in withholding vital information in connection with his application for STFAP benefits, all in blatant violation of the Rules and Regulations on Student Conduct and Discipline of petitioner University, the latter's inherent power and authority to impose disciplinary sanction may be invoked and rightfully exercised. Therefore deciding that the BOR did not violate Nadal’s right to due process.
The lower court is hereby ordered to DISMISS the petition for mandamus.