Soriao vs Pineda
March 2, 2017 | Author: Joben Del Rosario | Category: N/A
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This is all I have so far with the digest. Gonna try to get the actual case tomorrow through dad’s office Soriao vs. Pineda (Not sure if Soriano or Soriao) CA-G.R. SP No. 31546 August 10, 1994 Facts: Louie Soriao was a high school student in the sub province of Dinalungan, Aurora (S.Y. 1993 to 1994). Due to his reputation of talking back to school authority during the past years, he was refused readmission to complete his fourth and final year of high school through a verbal notice not to readmit. Soriao questioned the notice, averring that he was deprived of a hearing on the matter and thus the verbal notice was a denial of his right to due process. The administration ignored the student’s plea to reconsider its decision to deny him readmission claiming, “it was their prerogative.” Seeking further remedies to no avail, Soriao filed a petition for certiorari to the CA. Issue: Whether or not the petitioner was denied his right to education. Ruling: YES. The Court of Appeals ordered Pineda, Head Teacher of the Juan C. Angara Memorial High School to allow Soriao to enroll and study after he was meted out a disciplinary action without due process. The Court of Appeals invoked the 1987 Constitution and the Universal Declaration of Human Rights. Article XIV, Sections 1 and 2 and Article II, Sections 13 and 17 of the 1987 Constitution provide: Article XIV, Section 1: The State shall protect and promote the right of all citizens to quality education at all levels, and shall take appropriate steps to make such education accessible to all. Section 2: The State shall: (1) Establish, maintain, and support a complete, adequate, and integrated system of education relevant to the needs of the people and society; (2) Establish and maintain, a system of free public education in the elementary and high school levels. Without limiting the natural right of parents to rear their children, elementary education is compulsory for all children of school age; (3) Establish and maintain a system of scholarship grants, student loan programs, subsidies, and other incentives which shall be available to deserving students in both public and private schools, especially to the under-privileged; (4) Encourage non-formal, informal, and indigenous learning system, as well as self-study programs particularly those that respond to community needs; and (5) Provide adult citizens, the disabled, and out-of-school youth with training in civics, vocational efficiency, and other skills. Article II, Section 13: The State recognizes the vital role of the youth in nation-building and shall promote and protect their physical, moral, spiritual, intellectual, and social well-being. It shall inculcate in the youth patriotism and nationalism, and encourage their involvement in public and civic affairs. Section 17: The State shall give priority to education, science and technology, arts, culture, and sports to foster patriotism and nationalism, accelerate social progress, and promote total human liberation and development.
Also since it is the Constitution which granted petitioner the right of education, he may only deprived of such right with due process of law as stated in Art. III, Sec. 1 of the 1987 Constitution, “No person shall be deprived of life, liberty, or property without due process of law, nor shall any person be denied equal protection of the laws.
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