Academic Freedom

Definition
Academic freedom accords an institution of higher learning the right to decide for itself
its aims and objectives and how best to attain them. It is both a right and an obligation.
However, when the institution acted with grave abuse of discretion or patent arbitrariness, its
actions may be nullified by the courts– Supreme Court (Panaligan, 2021).

The Case
St. Louis University vs Olairez et al.

The Supreme Court (SC) dismissed a petition filed by St. Louis University, Inc. (SLU) in
Baguio City, which challenged the 2011 decision of the Court of Appeals (CA). The case
involved four fourth-year medicine students who were required to pass a Comprehensive Written
Examination (COWE) at their enrollment. However, on September 3, 2001, SLU issued a revised
COWE that required two oral exercises and an extended clerkship for those who failed.

The students protested the conduct of orals and filed a case before the Baguio City
Regional Trial Court (RTC), which the Commission eventually overturned on Higher Education
(CHED). The RTC declared the revised COWE moot and academic, and the trial court ruled that
SLU arbitrarily changed the requirements for graduation in the middle of the school year 2001-
2002.

On SLU's appeal, the CA upheld the trial court's ruling, stating that SLU cannot change
its academic requirements at its whim. However, SLU elevated the case to the SC, alleging that
the imposition of the revised COWE is a reasonable exercise of its academic freedom and
justified by public policy on the need to elevate medical education standards.

The SC cited previous rulings and stated that the immediate imposition of the Revised
COWE is capricious and inconsistent with an institution's contractual obligation to afford
its students a fair opportunity to complete the course they seek to pursue.

Recommendation
The institution should uphold a reasonable exercise of academic freedom devoted,
faithful, and consistent with its contractual obligation to afford its students a fair opportunity to
complete the course they seek to pursue. On this note, academic freedom should not only be
centered on the institution's aim and objectives but also the academic community's collective
interest.
Definition
Academic freedom is the university's freedom to determine what to teach, who to teach,
how to teach and who should teach. - US Supreme Court Justice Frankfurter (Aquino, 2023).

It is the freedom of professionally qualified persons to inquire, discover, publish, and

teach the truth as they see it in the field of their competence. It is subject to no control or
authority except the control or authority of the rational methods by which truths or conclusions
are sought and established in these disciplines. – Sidney Hook (in GR No. L-40779, Nov 28,
1975, Garcia vs Loyola School of Theology).

The Case
Pimentel vs Legal Education Board

The petitioners argue that R.A. 7662, the Legal Education Reform Act of 1993, creates
the Legal Education Board (LEB), establishes law practice internship requirements, adopts
continuing legal education, and implements the PhilSAT nationwide law school aptitude test,
encroaching on the Court's rulemaking power and violating institutional academic freedom
and law school aspirants' constitutional rights.

Ruling. The Court has historically and consistently exercised the power to regulate and
supervise legal education as a specialized study area. However, the Court's exclusive rule-
making power under the Constitution covers the practice of law, not the study of law. The
1997 Rules of the Court do not support the argument that the Court directly regulates legal
education and that the State has the authority to regulate and supervise the education of its
citizens, including legal education. The Court recognizes the power of the LEB to prescribe
minimum standards for law admission, but its use to exclude, qualify, and restrict admissions is
unreasonable and unconstitutional.

Recommendation
Let LEB supervise law practice and rest the study of law at institutions of higher learning.
To sustain the quality of education, LEB should continue its power to prescribe minimum
standards, and it is the institution's reasonable and constitutional assumption to provide law
education.
The Case
The petitioner, Epicharis T. Garcia, is denied a right to continue studying at Loyola
School of Theology due to its seminary nature and the constitutional autonomy of higher
learning institutions.
In 1975, a student was admitted to a school for an M.A. in Theology. However, the
school denied her re-admission due to a letter from the faculty. The student tried to compromise
but was rejected. She then sought admission to the UST Graduate School but was told she would
need to fulfill their requirements for a Baccalaureate in Philosophy. She enrolled as a particular
student, requesting a writ of mandamus to allow cross-enrollment beyond the registration
deadline.

"Now, you will have to forgive me for going into a matter which is not too pleasant. The
faculty had a meeting after the summer session and several members are strongly opposed to
having you back with us at Loyola School of Theology. In the spirit of honesty may I report this
to you as their reason: They felt that your frequent questions and difficulties were not always
pertinent and had the effect of slowing down the progress of the class; they felt you could have
tried to give the presentation a chance and exerted more effort to understand the point made
before immediately thinking of difficulties and problems. The way things are, I would say that the
advisability of your completing a program (with all the course work and thesis writing) with us
is very questionable. That you have the requisite intellectual ability is not to be doubted. But it
would seem to be in your best interests to work with a faculty that is more compatible with your
orientation. I regret to have to make this report, but I am only thinking of your welfare."

Ruling
The Court ruled that the Loyola School of Theology, a religious seminary in Quezon City,
has no duty to admit a student to further courses. The Faculty Admission Committee, led by Fr.
Antonio B. Lambino, has discretion in admitting students, considering factors like academic
standards, personality traits, and the nature of the school as a seminary. The petition for
Mandamus does not lie.
It was likewise alleged in the aforesaid comment that as set forth in the letter of May 9,
1975, the decision not to allow petitioner to take up further courses in the said seminary "is not
arbitrary as it based on reasonable grounds, * * *.
The Constitution recognizes academic freedom for institutions of higher learning,
allowing schools or colleges to decide their aims and objectives independently. This freedom is
free from external coercion and interference, except when necessary for public welfare. The right
to academic freedom extends to the choice of students. However, the constitutional provision
should be interpreted promptly, as it would frustrate its purpose. Former President Vicente G.
Sinco of the University of the Philippines believes that academic freedom is granted to
universities as institutions, distinct from the freedom of university professors. The personal
aspect of freedom consists of the right of each university teacher to seek and express the
truth as they see it. The internal conditions for academic freedom in a university include
academic staff having de facto control over student admission, curricula, appointment and
tenure of staff, and income allocation. A university's business is to provide an atmosphere
conducive to speculation, experimentation, and creation, with the four essential freedoms
determining who may teach, what may be taught, how it shall be taught, and who may be
admitted to study.

Recommendation
Academic freedom is academic integrity. This integrity extends beyond the interest of the
school and the other students and their welfare. When the same thing happens, students should
maturely reflect on the impact of the incomparable knowledge as to whether it primarily suits an
institution's existence, nature, and values.