Regino vs.

Pangasinan Colleges of Science and Technology

G.R. No. 156109
November 8, 2004

FACTS:

Petitioner Khristine Rea M. Regino was a first year computer science student of
Pangasinan Colleges of Science and Technology (PCST). Reared in a poor family, Regino went
to college mainly through the financial support of her relatives. She enrolled Logic and Statistics
subjects under Rachelle Gamurot and Elissa Baladad, respectively as teachers.

In February 2002, PCST held a fund raising campaign dubbed “The Rave Party and
Dance Revolution” the proceeds which were to go to the construction of the school’s tennis and
volleyball courts. Each student was required to pay for two tickets at the price of P100.00 each.
The project was allegedly implemented by recompensing students who purchased tickets with
additional points in their test scores; those who refused to pay were denied the opportunity to
take the final examinations.

Financially strapped and prohibited by her religion from attending dance parties and
celebration, Regino refused to pay tickets. On March 14 and 15, 2002, the scheduled dates of
examinations in Logics and Statistics, the teachers allegedly disallowed her from taking the tests.
Petitioner then filed as pauper litigant, a complaint for damages against PCST. She prayed for
P500,000.00 as nominal; P500,000.00 as moral and at least P1,000,000.00 as exemplary
damages, P250,000.00 as actual damages & cost of litigation and attorney’s fees.
The Regional Trial Court dismissed the complaint for lack of merit. It ruled that Commission on
Higher Education, not the court, has jurisdiction over the controversy.

ISSUES:

Whether or not court has jurisdiction over the controversy.

Whether or not there was a breach of contract and liability of tort.

HELD:

The doctrine of exhaustion of administrative remedies is basic. Court for reasons of law,
comity and convenience should not entertain suits unless the available administrative remedies
have first been resorted to and the proper authorities have been given the appropriate opportunity
to act and correct their alleged errors. Exhaustion of administrative remedies is applicable when
there is a competence on the part of the administrative bodies to act upon the matter complained
of.
The terms of the school-student contract are defined at the moment of its inception-upon
enrolment of the student.
 PCST imposed the assailed revenue-raising measure belatedly in the middle of the
semester, It exacted the dance party fee as a condition for students in taking the final
examinations and ultimately for recognition of their ability to finish a course. The fee, however,
was not part of the school-student contract entered into at the start of the school year.

Wherefore, the petition is hereby granted, and the assailed orders reversed. The trial
court is directed to reinstate the complaint and with all deliberate speed, to continue the
proceedings in Civil Case No. U-7541. No costs.