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Garcia vs. Faculty Admission Committee, Loyola School of Theology (DISSENTING OPINION, MAKASIAR, J.)

EPICHARIS T. GARCIA, petitioner, vs. THE FACULTY ADMISSION COMMITTEE, LOYOLA SCHOOL OF THEOLOGY, herein represented by FR. ANTONIO B. LAMBINO, respondent. (DISSENTING OPINION, MAKASIAR, J.)

G.R. No. L-40779 | 1975-11-28

MAKASIAR, J., dissenting:

With his usual scholarship and characteristic style, Mr. Justice Fernando has woven a persuasive majority opinion that commands respect.

The 1973 Constitution provides that: "All institutions of higher learning shall enjoy academic freedom" (Sec. 8[2], Art. XV). This is broader than Section 6 of Article XIV of the 1935 Constitution, which provides that: "Universities established by the State shall enjoy academic freedom." Under the aforecited clause of the 1973 Constitution, all colleges and universities of higher learning, whether established by the State or not, are guaranteed academic freedom....