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  • Unciano Paramedical College vs. CA

    Transféré par

    ladyJuris
    670 vues3 pages
    Some nursing students were not admitted for the second semester because they organized a student council, which violated school regulations. The school argued under the Alcuaz doctrine that contracts were only for individual semesters, allowing discretion over admission. However, a new Non doctrine later replaced Alcuaz. The court held that the Non doctrine would not apply retroactively to this case, since the school relied on the previous Alcuaz doctrine when making its decision.

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    Some nursing students were not admitted for the second semester because they organized a student council, which violated school regulations. The school argued under the Alcuaz doctrine that contracts were only for individual semesters, allowing discretion over admission. However, a new Non doctrine later replaced Alcuaz. The court held that the Non doctrine would not apply retroactively to this case, since the school relied on the previous Alcuaz doctrine when making its decision.

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    Attribution Non-Commercial (BY-NC)
    Téléchargez comme DOC, PDF, TXT ou lisez en ligne sur Scribd
    Signaler comme contenu inapproprié
    670 vues3 pages

    Unciano Paramedical College vs. CA

    Transféré par

    ladyJuris
    Some nursing students were not admitted for the second semester because they organized a student council, which violated school regulations. The school argued under the Alcuaz doctrine that contracts were only for individual semesters, allowing discretion over admission. However, a new Non doctrine later replaced Alcuaz. The court held that the Non doctrine would not apply retroactively to this case, since the school relied on the previous Alcuaz doctrine when making its decision.

    Droits d'auteur :

    Attribution Non-Commercial (BY-NC)
    Téléchargez comme DOC, PDF, TXT ou lisez en ligne sur Scribd
    Signaler comme contenu inapproprié
    sur 3

    UNCIANO PARAMEDICAL COLLEGE vs.

    COURT OF APPEALS 221 SCRA 285 (1993) FACTS:


    Some nursing students were not admitted for the second semester for organizing a student body council which was not allowed by the school which was allegedly a violation of the school regulations. The school argued that under the ALCUAZ DOCTRINE, schools have the discretion to admit students for the second semester because upon enrolment of a student in the first semester, the contract was for that semester only. However a new doctrine was later on promulgated which abandoned the Alcuaz doctrine which is now the NON doctrine.

    ISSUE:
    Whether or not the new Non doctrine be applied retroactively to the case.

    HELD:
    No. The new doctrine shall be applied prospectively and should not apply to parties who relied on the old doctrine and acted on faith thereof.

    RELATED NEW CIVIL CODE PROVISION: ARTICLE 4

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