9/23/2017 Aula Regis Case Digests: G.R. No. 134625 UP BOARD OF REGENTS v.

CA 313 SCRA 404

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King Monteclaro­Montereal
G.R. No. 134625 UP BOARD OF REGENTS v. CA 313
View my complete profile
SCRA 404
Case Archive
UP BOARD OF REGENTS v. CA
▼  2017 (22)
G.R. No. 134625
▼  February (21)
August 31, 1999 G.R. No. 175356 MANILA
MEMORIAL PARK, INC v.
313 SCRA 404 SECRE...
G.R. No. 165828 NPC v. HEIRS
FACTS: Respondent Arokiaswamy William Margaret Celine enrolled in the OF SANGKAY 656 SCRA 6...
doctoral program in Anthropology of the UP CSSP Diliman. She already G.R. No. 167290 HERMANO
completed the units of course work required and finished her dissertation OIL v TOLL REGULATORY
BOAR...
and was ready for oral defense.
G.R. No. 171496 REPUBLIC v.
ORTIGAS 717 SCRA 601
After going over her dissertation, Dr. Medina informed CSSP Dean Paz that G.R. No. 144104 LUNG
she committed plagiarism. However, respondent was allowed to defend her CENTER OF THE PHIL v.
ORTIGAS...
dissertation. Four out of the five panelists gave a passing mark except Dr.
G.R. No. 163026 HEIRS OF
Medina. CASTRO v. LOZADA 679
SCRA...
UP held meeting against her case and some of the panels indicated G.R. No. 134625 UP BOARD
disapproval. Hence, she expressed her disappointments over the CSSP OF REGENTS v. CA 313
SCRA...
administration and warned Dean Paz. However, Dean Paz request the
G.R. No. 128845
exclusion of Celine’s name from the list of candidates for graduation but it INTERNATIONAL SCHOOL
did not reach the Board of Regents on time, hence Celine graduated. ALLIANCE OF E...
G.R. No. 213181 JARDELEZA v.
SERENO 733 SCRA 279
Dr. Medina formally charged private respondent with plagiarism and
G.R. No. 188715 REGALA v.
recommended that the doctorate granted to her be withdrawn. Dean Paz CARIN
informed private respondent of the charges against her. G.R. No. 141968
INTERNATIONAL
CSSP College Assembly unanimously approved the recommendation to CORPORATE BANK v. GE...

withdraw private respondent's doctorate degree. A.C. No. 6490 TABANG v.

GACOTT
A.C. No. 10185 DIZON v.
The Board sent her a letter indicating that they resolved to withdraw her CABUCANA, JR.
Doctorate Degree recommended by the University Council.
A.C. No. 1392 OBUSAN v.
OBUSAN 128 SCRA 485
She sought an audience with the Board of Regents and/or the U.P. A.C. No. 266 TOLEDO v.
President, which request was denied by President TOLEDO 7 SCRA 757
G.R. No. 124354 RAMOS
(1999) v. CA 321 SCRA 584
Hence, Celine then filed a petition for mandamus with a prayer for a writ of
preliminary mandatory injunction and damages, alleging that petitioners G.R. No. 179267 GARCIA v.
DRILON 699 SCRA 352
had unlawfully withdrawn her degree without justification and without
G.R. No. 198554 GARCIA v.
affording her procedural due process. EXECUTIVE SECRETARY
(201...

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9/23/2017 Aula Regis Case Digests: G.R. No. 134625 UP BOARD OF REGENTS v. CA 313 SCRA 404

ISSUE: Whether or not Arokiaswamy William Margaret Celine was G.R. No. 189028 ALMARIO v.
EXECUTIVE SECRETARY
deprived of her right to substantive due process. 701...
A.C. No. 5365 OBLES v.
RULING: No. Respondent Arokiaswamy William Margaret Celine was DECIEMBRE 457 SCRA 341
indeed heard several times. AC. No. 1261 TAN TEK BENG
v. DAVID

Several committees and meetings had been formed to investigate the charge ►  March (1)
that private respondent had committed plagiarism and she was heard in her
defense.

In administrative proceedings, the essence of due process is simply the

opportunity to explain one's side of a controversy or a chance seek
reconsideration of the action or ruling complained of. A party who has
availed of the opportunity to present his position cannot tenably claim to
have been denied due process.

In the case at bar, Celine was informed in writing of the charges against her
and given opportunities to answer them. She was asked to submit her
written explanation which she submiited. She, as well, met with the U.P.
chancellor and the members of the Zafaralla committee to discuss her case.
In addition, she sent several letters to the U.P. authorities explaining her
position.

It is not tenable for private respondent to argue that she was entitled to have
an audience before the Board of Regents. Due process in an administrative
context does not require trial-type proceedings similar to those in the courts
of justice. It is noteworthy that the U.P. Rules do not require the attendance
of persons whose cases are included as items on the agenda of the Board of
Regents.

Posted by King Monteclaro-Montereal at 23:19

Labels: Constitutional Law 2, Due Process

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Blog Archive

▼  2017 (22)
►  March (1)
▼  February (21)
AC. No. 1261 TAN TEK BENG v. DAVID
A.C. No. 5365 OBLES v. DECIEMBRE 457 SCRA 341
G.R. No. 189028 ALMARIO v. EXECUTIVE SECRETARY 701...
G.R. No. 198554 GARCIA v. EXECUTIVE SECRETARY (201...
G.R. No. 179267 GARCIA v. DRILON 699 SCRA 352
G.R. No. 124354 RAMOS (1999) v. CA 321 SCRA 584
A.C. No. 266 TOLEDO v. TOLEDO 7 SCRA 757
A.C. No. 1392 OBUSAN v. OBUSAN 128 SCRA 485
A.C. No. 10185 DIZON v. CABUCANA, JR.
A.C. No. 6490 TABANG v. GACOTT
G.R. No. 141968 INTERNATIONAL CORPORATE BANK v. GE...
G.R. No. 188715 REGALA v. CARIN
G.R. No. 213181 JARDELEZA v. SERENO 733 SCRA 279
G.R. No. 128845 INTERNATIONAL SCHOOL ALLIANCE OF E...
G.R. No. 134625 UP BOARD OF REGENTS v. CA 313 SCRA...
G.R. No. 163026 HEIRS OF CASTRO v. LOZADA 679 SCRA...
G.R. No. 144104 LUNG CENTER OF THE PHIL v. ORTIGAS...
G.R. No. 171496 REPUBLIC v. ORTIGAS 717 SCRA 601

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9/23/2017 Aula Regis Case Digests: G.R. No. 134625 UP BOARD OF REGENTS v. CA 313 SCRA 404
G.R. No. 167290 HERMANO OIL v TOLL REGULATORY BOAR...
G.R. No. 165828 NPC v. HEIRS OF SANGKAY 656 SCRA 6...
G.R. No. 175356 MANILA MEMORIAL PARK, INC v. SECRE...

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