## 170 Camacho v Coresis G.R. No 134372 TOPIC: The priority of education, science, technology, etc. PONENTE: Quisumbing
AUTHOR: Janet Notes:
CASE LAW !OCTRINE :
Institutional academic freedom includes the right of the school or college to decide for itself, its aims and objectives and the methods on ho best to attain them, free from outside coercion or interference save !ossibl" hen the overriding !ublic elfare calls for some restraint# It encom!asses the freedom to determine for itself on academic grounds: ho ma" teach, hat ma" be taught, ho it shall be taught, and ho ma" be admitted to stud"# $cademic freedom also also accords a facult" member the right to !ursue !ursue his studies in his his !articular !articular s!ecialt"# It is defined as a right claimed b" the accredited educator, as teacher and as investigator, to inter!ret his findings and to communicate his conclusions ithout being subjected to an" interference, molestation, or !enalt" because these conclusions are unacce!table to some constituted authorit" ithin or be"ond the institution#
Emer"ec$ Reci%& %r# %r# %aleon made s!ecial class arrangement ith 3 of his students# students# Instead of attending attending class, the" ere given a s!ecial !rogram of self&stud" ith reading materials, once a ee' tutorial meetings, (ui))es, and term !a!ers# *hus, administrative and criminal com!laints ere filed against %r# %aleon for gross incom!etence, insubordination and violation of +#$# 77-# *he case before the .ffice of the .mbudsman&/indanao as dismissed# /+ as also dismissed# *he 0 ruled that %r# %aleons teaching st"le, validated b" the action of the 0 5oard of +egents, is bolstered b" the constitutional guarantee on academic freedom#621 $cademic freedom is to&tiered that of the academic institution and the teachers#
'ACTS&
etitioner is the %ean of the ollege of 8ducation of said universit", since Januar" 1994 to the !resent# e has served the universit" as facult" member and as administrator for almost 13 "ears#
+es!ondent, %r# 0i;to .# %aleon, is a rofessor and officer&in&charge of the
*he other res!ondents, $gulo, *ecson and $laba# *he" enrolled under %r# %aleon in the subject 8d#%#
%r# %aleon gave the three final !assing grades of 1#-, 1#2= and 1#=, res!ectivel" . o *he" ere graded ithout re(uiring them to attend regular classes# Instead, %r# %aleon gave them a s!ecial !rogram of self&stud" ith reading materials, once a ee' tutorial meetings, (ui))es, and term !a!ers# 0everal doctoral students com!lained to !etitioner that during the first semester of school "ear 1994& 199=, there ere ghost students in the 8d#%# 317 class of %r# %aleon# o $ccording $ccording to them, them, these ghost ghost students, students, namel" namel" $gulo, $laba and and *ecson *ecson ere ere given !assing !assing grades des!ite their failure to attend classes# etitioner informed %r# %aleon of the com!laint# etitioner re(uested the latter to furnish him ith !hotoco!ies of e;ams, term !a!ers, and record of attendance of the students involved# %r# %aleon ignored the re(uest# o *he matter as raised in a universit" council meeting here it as agreed that the niversit" resident, %r# 8dmundo rantilla, ould create a committee to investigate the com!laint# o %r# %aleon admitted that he made s!ecial arrangements ith $gulo, $laba and *ecson regarding
their course ithout !etitioners a!!roval#
etitioner rote %r# rantilla recommending that $gulo, *ecson and $laba be re(uired to attend regular classes in school "ear 199=&199 and com!l" ith the course re(uirements in 8d#%# 317# %r# rantilla a!!roved the recommendations# o %r# rantilla entertained the a!!eal of $gulo for the validation of the grades given b" %r# %aleon to the three of them# the 5oard of +egents !assed its +esolution No# 2432 0eries of 199=, u!holding the grade given b" %r# %aleon to $gulo# etitioner filed a om!laint&$ffidavit against %r# %aleon before the .ffice of the .mbudsman&/indanao# o *he com!laint for gross incom!etence, insubordination and violation of +#$# 77-# $ +esolution as issued b" the graft investigator in the .ffice of the .mbudsman&/indanao, dismissing the administrative and criminal com!laints against res!ondents# $ motion for reconsideration as filed but as also denied for lac' of merit# ence, this !resent !etition#
ISSUE(S): >hether or not !ublic res!ondents committed grave abuse of discretion amounting to lac' of jurisdiction in e;onerating %r# %aleon from administrative as ell as criminal liabilit" arising from his giving !assing grades to $gulo, *ecson and $laba ithout re(uiring them to attend classes
RATIO:
No# $ccording to the .0<, there is no !rovision in the niversit" ode of 0 hich !rohibits a !rofessor or teacher from giving a s!ecial !rogram or arrangement tailored to meet the re(uirements of a !articular course# Article 140 of the University Code provides that the rules on attendance of students shall be enforced in all classes subject to the modification by the Dean in the case of graduate students and other courses # o
o
It is undis!uted that at the time that %r# %aleon handled the graduate class in 8d#%# 317, he had alread" been dul" designated .fficer&In&harge ?.I@ of the
!ISSENTINGCONCURRING OPINION(S) :
