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[G.R. No. 127980.
DE LA SALLE UNIVERSITY, INC., EMMANUEL SALES, RONALD HOMES, JUDY LA TORRE, AMPARO RIO, CARMELITA QUEBENGCO, et al. v. THE COURT OF APPEALS; HON. WILFREDO D. REYES, IN HIS CAPACITY AS PRESIDING JUDGE OF BRANCH 36, RTC, MANILA; THE COMMISSION ON HIGHER EDUCATION; THE DEPARTMENT OF EDUCATION CULTURE AND SPORTS; ALVIN AGUILAR; et al.
Third Division
Sirs/Mesdames:
Quoted hereunder, for your information, is a resolution of this Court dated FEB. 22, 2006
G.R. No. 127980 (De La Salle University, Inc., Emmanuel Sales, Ronald Homes, Judy La Torre, Amparo Rio, Carmelita Quebengco, et al. v. The Court of Appeals; Hon. Wilfredo D. Reyes, In his Capacity as Presiding Judge of Branch 36, RTC, Manila; The Commission on Higher Education; The Department of Education Culture and Sports; Alvin Aguilar; et al.)
This case stemmed from the expulsion in 1995 by petitioner De La Salle University Inc. (DLSU) [1] cralaw , of private respondents Alvin Aguilar, James Paul S. Bungubung, Roberto Valdes, Jr., and Richard V. Reverente, all students under the De La Salle University system. [2] cralaw The implementation of the expulsion order was enjoined following the issuance of the Writ of Preliminary Injunction dated 25 September 1995 by the Regional Trial Court (RTC), which prevented DLSU from barring the enrollment of private respondents and allowing them to complete their degree courses until graduation. Moreover, the expulsion order itself was set aside by the Committee on Higher Education (CHED), and on the basis of such action, the Court of Appeals dismissed on the ground of mootness, the petition for certiorari filed before it assailing the orders of the RTC. The rulings of the RTC, the Court of Appeals, and the CHED are all presently challenged in the petition before the Court.
The petition was given due course. Petitioners and Aguilar have since filed their respective memoranda. [3] cralaw On 3 June 1998, petitioner filed an urgent motion for the issuance of a temporary restraining order and/or writ of preliminary injunction. It was alleged therein that Aguilar had apparently completed all the necessary units for graduation and was demanding that his academic records be evaluated by the office of the university registrar with a view to graduation. Thus, petitioner prayed that the enforcement of the Writ of Preliminary Injunction dated 25 September 1995 be enjoined. In an Order dated 15 June 1998, the Court granted the motion and issued the temporary restraining order prayed for.
No pleadings have been filed in this case since 26 June 1998, when Aguilar filed his opposition to petitioner's application for a temporary restraining order. It is possible that since then, there have been subsequent developments which the Court has not been informed of that would affect the disposition of this case, or render the present petition moot or academic. Accordingly, requiring the parties to submit the corresponding manifestations is the prudent course of action.
WHEREFORE, the parties are required to file their respective MANIFESTATIONS under the foregoing premises within ten (10) days from receipt hereof. J. Carpio , No part.
Very truly yours,
(Sgd.) LUCITA ABJELINA-SORIANO
Clerk of Court
Endnotes:
[1] cralaw The other petitioners are officials of DLSU and members of the DLSU-College of St. Benilde Discipline Board. See rollo , p. 8.
[2] cralaw Aguilar, Bungubung, and Valdes, Jr. are students of DLSU, while Reverente was a student of the College of Saint Benilde. Id. at 8.
[3] cralaw Bungubung and Reverente had manifested that they are adopting Aguilar's Memorandum. Id. at 1013. There is no record of any participation in this case of respondents Department of Education, Culture and Sports, the CHED, or private respondent Valdes, Jr.
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