3_1_Go v. Colegio de San Juan de Letran

Besa, Hanna Dominique H. 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.  Kim’s mother, Mrs. Angelita Go, was then informed at the Parents- Teacher conference by Mr. Rosarda of her son’s participation as a fraternity member  The fourth year students involved were to be allowed to graduate from Letran, whereas those who weren’t 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 Kim’s 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 proforma agreement to signify their conformity with their suspension to which Mr. and Mrs. Go didn’t 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 Kim’s disciplinary case. ISSUE: 1. WON petitioners were denied due process in the opportunity to be heard in Kim’s disciplinary case 2. WON there was bad faith, malice, fraud,

or any improper and willful motive or conduct on the part of the respondents to justify the award of damages HELD: • Mrs. Go’s letter specifically requested that Kim’s “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. • Letran’s 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. Go’s testimony that he neglected his business affairs to attend to Kim’s case is based on speculation.