144 Flores

Magtibay v Garcia

Facts

Lt. Col. Santiago Q. Garcia, the Commander of the, U.P. ROTC Cadet Corps, issued
General Orders No. 23 which extinguished Arleo E. Magtibay of the rank of cadet
colonel and as battalion commander of the lst BCT of the U.P. Cadet Corps and was
excluded from those who would graduate in the class of the ROTC Advance Course for
flunking MS-42, a necessary subject for the completion of the Advance Course.
Magtibay had filed to the President of UP an administrative case against Lt. Col.
Santiago Q. Garcia for abuse of discretion and seeking to no longer uphold the
extinguish of his last rank. An investigation was conducted by the President of UP and
The Honorable Carlos P. Romulo to review Magtibay’s case and scholastic record.

The scholastic record had shown that Magtibay had received 37.2% in subject
proficiency and 0 % in aptitude and an attendance of 26% which would make the total of
his final grade in MS-42 63%. The passing score needed of Magtibay was 70%. The
President of UP had issued a memorandum dismissing the complaint and request re-
enrollment of Magtibay to the same subject. Magtibay had then petitioned a mandamus
and quo warranto with prayer for preliminary mandatory injunction against Garcia for the
prayer to be reinstated in his former rank and to be included in the list of graduating
students.

Issue: Whether the courts may review the exercise of discretion of a public officer on
matters in which it was his duty to act.

Ruling:

No, the court cannot review the exercise of discretion of a public officer on matters in
which it was his duty to act by a writ of mandamus. The law imposes that a public
officer’s right and duty to exercise judgement is done based on how he is required to
act. The judgement of the public officer shall be exercised and not the court’s.

In the case at bar, the situation unfolded upon Magtibay was done on the basis of failing
a necessary subject needed to graduate. Although an institution of learning is bound
upon a contractual obligation to provided students a fair opportunity to complete the
course that he wishes to pursue, the contractual obligation on the part of the student is
forfeited when the student commits a serious breach of discipline or fails to maintain the
academic standard. Therefore, in light of Magtibay’s failure in the necessary course the
obligation rendered from the school is no longer necessary as to permitting Magtibay to
graduate.