G.R. No. 88386 August 17, 1989
THE UNIVERSITY OF THE PHILIPPINES, THE UP BOARD OF REGENTS AND DEAN PATRICIO LAZARO, petitioners, vs. HON. JUDGE RUBEN AYSON, Br. VI, RTC-BAGUIO CITY, AND UP COLLEGE BAGUIO HIGH SCHOOL FOUNDATION, INC., respondents.

FACTS

The University of the Philippines Board of Regents approved the establishment of the UP College Baguio High School (UPCBHS) in 1972 as an integral, self-supporting laboratory school for a graduate teacher-training program. However, the envisioned Department of Professional Education at UP College Baguio was never organized. Subsequent reviews found UPCBHS was not fulfilling its purpose as a laboratory school, was not self-supporting, and contributed minimally to UP College Baguio’s tertiary enrollment. Consequently, the Board of Regents decided in January 1989 to phase out UPCBHS, and Dean Patricio Lazaro issued a memorandum to stop accepting new freshmen.
The UP College Baguio High School Foundation, Inc. filed a petition for injunction with the Regional Trial Court of Baguio, arguing the phase-out lacked legal basis and violated constitutional rights to education. Respondent Judge Ruben Ayson issued orders restraining UP from implementing the phase-out decision and memorandum. UP’s motion to dismiss was denied, prompting this petition for certiorari.

ISSUE

Whether the University of the Philippines, as an institution of higher learning, can be compelled to maintain a secondary education program against its academic judgment, in light of the constitutional mandate for free public secondary education.

RULING

The Supreme Court granted the petition, ruling in favor of UP’s academic freedom. The Court emphasized that the constitutional mandate for the State to establish and maintain a system of free public secondary education under Article XIV, Section 2(2) is directed to the government, primarily through the Department of Education, Culture and Sports (DECS). It is not a demandable right enforceable against specific institutions of higher learning.
Conversely, the University of the Philippines, as an institution of higher learning, enjoys institutional academic freedom under Article XIV, Section 5(2) of the Constitution. This freedom encompasses the right to determine its academic aims, including what programs to offer or discontinue. The Court found that the Board of Regents’ decision, based on findings that UPCBHS failed to serve its intended purpose as a laboratory school and was not viable, was a valid exercise of this autonomy. Such factual determinations by the academic body are entitled to respect.
The Court distinguished UPCBHS from other UP high schools, noting the latter operate alongside functional Colleges of Education. It also clarified that while Republic Act No. 6655 (the Free Public Secondary Education Act) covers state universities offering secondary courses, its primary purpose is to exempt students in such schools from tuition fees. It does not strip UP of its academic freedom to discontinue a program found to be non-viable or misaligned with its institutional objectives. Therefore, the respondent judge committed grave abuse of discretion in issuing the restraining orders. The Court set aside the assailed orders and directed the dismissal of the civil case, requesting the DECS Secretary to assist in accommodating affected students in other Baguio City high schools.