Besa, Hanna Dominique H.
or any improper and willful motive or
1-E
Spouses Go v. Colegio de San Juan de
Letran
FACTS:
Kim Go was named among several high
school students involved and present at
a hazing rite of Tau Gamma held on
October 3, 2001 in the house of one
Dulce, in Tondo, Manila.
Kims mother, Mrs. Angelita Go, was
then informed at the Parents- Teacher
conference by Mr. Rosarda of her sons
participation as a fraternity member
The fourth year students involved were
to be allowed to graduate from Letran,
whereas those who werent were
allowed to finish their current school
year but were to be barred from
subsequent enrollment in Letran.
Mrs. Go later on submitted a request for
the deferment of Kims suspension so
that he could take a previously
scheduled exam.
Several conferences addressing the
students involved in the fraternity were
gone unattended by the spouses Go
despite consistent notification.
The respondents proposed that the
students and their parents sign a pro-
forma agreement to signify their
conformity with their suspension to
which Mr. and Mrs. Go didnt sign,
refusing to accept the findings that Kim
was a fraternity member, and that there
was a lack of due process in the
findings.
Petitioners filed a complaint for
damages claiming that respondents had
unlawfully dismissed Kim, and for the
compensation for business opportunity
losses they have suffered while
personally attending to Kims disciplinary
case.
ISSUE:
1. WON petitioners were denied due
process in the opportunity to be heard in
Kims disciplinary case
2. WON there was bad faith, malice, fraud,
conduct on the part of the respondents to
justify the award of damages
HELD:
Mrs. Gos letter specifically requested that
Kims suspension be deferred proving that
they were well aware that is was not a
dismissal. The request to allow Kim to take
his examination further supports the
conclusion that Kim had not been
dismissed.
Order No. 20, s. 1991 (Prohibition of
Fraternities and Sororities in Elementary
and Secondary Schools) of the then Dept.
of Education, Culture, & Sports is clear that
the intent of the department is to apply
prohibition against fraternity membership for
all elementary and high school students,
regardless of their school of enrollment.
Letrans rule against high school students
joining fraternities is reasonable because of
the adult oriented activities often associated
when most, if not all, high school students
are minors. This is a rule clearly stated in its
enrollment contracts and student
handbooks notably acknowledged by the
signature of Mrs. Go on the contract.
Guzman v. National University: Due
process in student disciplinary cases does
not entail proceedings and hearings similar
to those prescribed for actions and
proceedings in courts of justice. They may
be summary, and cross-examination is not
an essential part thereof. The viewing and
examining of written statements is
admissible in due process.
The written notice rule is to inform the
student of the disciplinary charge against
him and to enable him to suitably prepare a
defense. Kim had enough time to prepare
his response. The essence of due process,
the opportunity to be heard, had been given.
Records can confirm that respondents did
not act with bad faith, malice, fraud, or
improper or willful motive or conduct in
disciplining Kim. No actual damages either
as Mr. Gos testimony that he neglected his
business affairs to attend to Kims case is
based on speculation.