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6) Miriam College vs. CA

Miriam College suspended and dismissed students who were editors of the school newspaper and magazine after they published obscene content. The students claimed the school did not have jurisdiction and filed a case in regional trial court. The court initially sided with students but later dismissed the case, finding the Department of Education had jurisdiction. The Court of Appeals then declared the students' suspension and dismissal void. The Supreme Court ruled that (1) the trial court did have jurisdiction to hear the case and (2) Miriam College was within its rights to discipline students under the Campus Journalism Act and its inherent authority over students.

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213 views2 pages

6) Miriam College vs. CA

Miriam College suspended and dismissed students who were editors of the school newspaper and magazine after they published obscene content. The students claimed the school did not have jurisdiction and filed a case in regional trial court. The court initially sided with students but later dismissed the case, finding the Department of Education had jurisdiction. The Court of Appeals then declared the students' suspension and dismissal void. The Supreme Court ruled that (1) the trial court did have jurisdiction to hear the case and (2) Miriam College was within its rights to discipline students under the Campus Journalism Act and its inherent authority over students.

Uploaded by

shahira
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Download as DOCX, PDF, TXT or read online on Scribd
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Shahira Karla R.

Belandres

Constitutional Law II

Miriam College Foundation, Inc. vs. Court of Appeals

G.R. No. 127930 December 15, 2000

This is a petition for certiorari filed Miriam College Foundation on the Decision of Court of
Appeals declaring the suspension and dismissal of the students in the said college void.

Facts:

Miriam College’s Chi-Rho and Ang Magasing Pampanitikan ng Chi-Rho, the College’s school
paper and magazine,respectively, were found to have published obscene contents on its September-
October 1994 issue. The members of the editorial board received a letter signed by Dr. Aleli Sevilla, Chair
of the Miriam College Discipline Committee to inform them that their are letters of complaint filed
against them by members of the Miriam Community and a concerned Ateneo grade five student that
had been forwarded to the Discipline Committee for inquiry and investigation and required them submit
a written statement in answer to the charge/s on or before the initial date of hearing, but none of the
students submitted their respective answers.  They instead requested Dr. Sevilla to transfer the case to
the Regional Office of the Department of Education, Culture and Sports (DECS), which they contested,
that had jurisdiction over the case. Dr. Sevilla again required the students to file their written answers. In
response, the lawyer for the students submitted a letter to the Discipline Committee reiterating his
clients’ position that said Committee had no jurisdiction over them.  The Discipline Committee
proceeded with its investigation.

After a review of the Discipline Committee’s report, imposed disciplinary sanctions upon the
students. The students were suspended, expelled, dismissed, and one was not allowed to attend her
graduation. It made the students file a petition for prohibition and certiorari with preliminary
injunction/restraining order before the Regional Trial Court of Quezon City questioning the jurisdiction
of the Discipline Board of Miriam College over them. The RTC issued an order denying the plaintiffs’
prayer for a Temporary Restraining Order. The students thereafter filed a “Supplemental Petition and
Motion for Reconsideration” which was granted by the RTC.

Both parties moved for a reconsideration of the order. On the matter raised by both parties that
it is the DECS which has jurisdiction, the RTC DISMISSED the case and all orders it issued are recalled and
set aside. The CA issued a Temporary Restraining Order enjoining Miriam College from enforcing letters
of dismissal/suspension, but it eventually declared the RTC Order, as well as the students’ suspension
and dismissal, void.

Issue:

1. Whether or not the trail court has the jurisdiction to entertain the petition for certiorari
filed by the students
2. Whether or not Miriam College has the jurisdiction over the complaints against the
students.

Held:
1. Yes. The jurisdiction to entertain the petition for certiorari filed by the students is purely
legal in nature and well within the competence and the jurisdiction of the trial court, not
the DECS Regional Office.  This is an exception to the doctrine of primary jurisdiction. The
doctrine of primary jurisdiction calls for application when there is such competence to act
on the part of an administrative body.  

2. Yes. It is stated in Section 7 of the Campus Journalism Act that this act should not infringe the
school's right to discipline its students.  At the same time, however, it should not construe said
provision as to unduly restrict the right of the students to free speech. In addition to that, the
said act also mentioned that the school cannot suspend or expel a student solely on the basis of
the articles he or she has written except when such articles materially disrupt class work or
involve substantial disorder or invasion of the rights of others.
Morever, the power of the school to investigate is an adjunct of its power to suspend or
expel and necessary corollary to the enforcement of rules and regulations and the maintenance
of a safe and orderly educational environment conducive to learning. The power to suspend or
expel, is an inherent part of the academic freedom of institutions of higher learning guaranteed
by the Constitution.  
Lastly, SC rule that Miriam College has the authority to hear and decide the cases filed
against students.

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