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University Of San Agustin, Et Al. Vs. Court Of Appeals, Et Al.

UNIVERSITY OF SAN AGUSTIN, INC., SISTER CONCEPCION CAJILIG, NENALYN ABIODA, MARY ESPINO, RHODORA AZUCENA, MA. DULCE SOCORRO POSA and COSETTE MONTEBLANCO, petitioners, vs. COURT OF APPEALS, ANTONIO H. LARA, EDUARDO MAGANTE, JOSE SANCHO, REYNALDA F. SO and WINNEFRIDA C. VALENZUELA, as parents/guardians of Antonio Marco Ho, Ma. Elanie Magante, Roy D. Sancho, Michael Kim So and Bernardina Cainoy, respondents.

G.R. No. 100588 | 1994-03-07

D E C I S I O N


NOCON, J.:

The present case involves third year Nursing students who failed to meet the retention policy of the school, that is, minimum grade of 80% in any major Nursing subject and in two minor subjects. As a consequence, the school refused to re-admit them. In view of the rights granted to students by the provisions of Section IV, paragraph 107 of the Manual of Regulations for Private Schools, Section 9(2) of Batas Pambansa Blg. 232 and Article XIV, Section 5(3) of the 1987 Constitution, may they compel the school to allow them to complete their course?

The antecedent facts are undisputed:

Private respondents Antonio Marco...