Calawag vs Up Visayas

Eileen Eika M. Dela Cruz

POLITICAL LAW

FLORD NICSON NIC SON CALAWAG CALAWAG VS. UNIVERSITY OF THE PHILIPPINES PHILIPPIN ES VISAYAS VISAYAS AND DEAN CARLOS C BAYLON BAYLON GR NO. 207412 AUGUST 7, 2013 FACTS:

The petitioner enrolled in the Master of Science in Fisheries Biology at UP Visayas under a scholarship from the Department of Science and Technology-Philippine Council for Auatic and Marine !esearch and De"elopment# $e finished his first year of study %ith good grades& and thus %as eligi'le to start their  thesis tentati"e in the first semester of their second year# The petitioner then enrolled in the thesis  program& drafted their tentati"e thesis titles& and o'tained the consent of Dr# !e( Balena to 'e their thesis ad"iser# These details %ere enclosed in the letters the petitioner sent to Dean Baylon& as)ing him to appro"e the composition of their thesis committees# The letter contained the thesis committee mem'ers and the thesis ad"iser*s appro"al of their titles& as %ell as the appro"al of Professor !oman Sanares& the director of the +nstitute of Marine Fisheries and ,ceanology# ,ceanology# Upon receipt of the petitioner*s letters& Dean Baylon uestioned the propriety of the thesis topics %ith the college*s graduate degree program# $e disappro"ed the composition of the petitioner*s thesis committees and their tentati"e tentati"e thesis topics# According According to him& the thesis thesis titles titles connote connote a historic historical al and social dimension study %hich is not appropriate for the petitioner*s chosen master*s degree# $e ordered the  petitioner to su'mit a t%o-page proposal containing an outline of their tentati"e thesis titles and informed them that he is forming an ad hoc committee that %ould ta)e o"er the role of the ad"iser and of the thesis committees# The petitioner filed a petition for certiorari and mandamus 'efore the !TC as)ing it to order Dean Baylon to appro"e and constitute the petitioners* thesis thesis committee and appro"e of their thesis titles# The petitioner  also as)ed the !TC to issue a %rit of preliminary mandatory inunction against Dean Baylon and order  him to perform such acts %hile the suit %as pending# ISSUE: .hether or not to grant the petitioner*s reuest for %rit of preliminary mandatory inunction HELD:

 /o# To 'e entitled to a %rit of preliminary inunction& the petitioner must esta'lish esta'lish the ff reuisites0 a1 the in"asion of the right sought to 'e protected is material and su'stantial2 '1 the right of the complainant is clear and unmista)ea'le2 and c1 there is an urgent and permanent necessity for the %rit to pre"ent serious damage# The issuance of a %rit of preliminary mandatory inunction ustifies only in a clear case& free form dou't and dispute# .hen the complainant*s right is thus dou'tful& or disputed& he does not ha"e a clear legal right and therefore& the issuance of inuncti"e relief is improper# The right to education in"o)ed  'y Cala%ag cannot 'e made the 'asis for issuing a %rit of preliminary mandatory inunction# The right to education is not a'solute# Section 3 e& Article 4+V of the Constitution pro"ides that 5e"ery citi6en has a right to select a profession or course of study& su'ect to fair& reasona'le& and euita'le admission and academic reuirements#7 The thesis reuirement and the compliance %ith the procedures leading to it& are  part of the reasona'le academic reuirements a person desiring to complete a course of study %ould ha"e to comply %ith#