MONTEMAYOR v.

ARANETA UNIVERSITY FOUNDATION

G.R. No. L-44251, May 31, 1977

FACTS
The petitioner was a professor at Araneta University Foundation. He was accused of
making homosexual advances on a student named Leonardo De Lara. A faculty investigating
committee found him guilty of this charge. Another committee was appointed to investigate a
similar charge against the petitioner.

The petitioner requested a postponement of the hearing, but it was denied. The committee
proceeded with the hearing and recommended the petitioner's separation from the university. The
university applied for clearance to terminate the petitioner's employment. The petitioner filed a
complaint for reinstatement and back wages. The National Labor Relations Commission (NLRC)
ruled in favor of the petitioner, but the Secretary of Labor found the dismissal justified.

ISSUE
Whether academic freedom encompasses the right of educational institutions to dismiss teachers.

RULING
The court ruled in favor of the university, affirming its right to dismiss the petitioner. The
court emphasized the importance of institutional academic freedom and upheld the decision to
separate the professor based on his violation of behavioral standards.

The court also discussed academic freedom, which includes a faculty member's right to
pursue studies and communicate conclusions without fear of retribution. Tenure is considered
essential to academic freedom, providing protection against dismissal except for reasons of
professional incompetence or moral delinquency.