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Unformatted text preview: Higher Education (CHED) disapproved DLSU’s request for the approval of the penalty of automatic expulsion imposed on Aguilar et al. and ruled that they be reinstated. Lowering the penalty from expulsion to exclusion. Was DLSU within its rights in expelling the students? A: No. The penalty of expulsion imposed by DLSU on private respondents is disproportionate to their deeds. It is true that schools have the power to instil discipline in their students as subsumed in their academic freedom and that “the establishment of rules governing university‐
student relations particularly those pertaining to student discipline, may be regarded as vital, not merely to the smooth and efficient operation of the institution but to its very survival”. This power does not give them the untrammelled discretion to impose a penalty which is not commensurate with the gravity of the misdeed. If the concept of proportionality between the offense committed and the sanction imposed is not followed, an element of arbitrariness intrudes. (De La Salle University, Inc.v. CA) ACADEMICS CHAIR: LESTER JAY ALAN E. FLORES II U N I V E R S I T Y O F S A N T O T O M A S VICE CHAIRS FOR ACADEMICS: KAREN JOY G. SABUGO & JOHN HENRY C. MENDOZA Facultad de Derecho Civil VICE CHAIR FOR ADMINISTRATION AND FINANCE: JEANELLE C. LEE VICE CHAIRS FOR LAY‐OUT AND DESIGN: EARL LOUIE M. MASACAYAN & THEENA C. MARTINEZ 227 UST GOLDEN NOTES 2011 PUBLIC INTERNATIONAL LAW A. CONCEPTS Q: What is Public International Law (PIL)? A: It is a body of legal principles, norms and processes which regulates the relations of States and other international persons and governs their conduct affecting the interest of the international community as a whole. Q: What is Private International Law (PRIL)? A: It is that part of the law of each State which determines whether, in dealing with a factual situation, an event or transaction between private individuals or entities involving a foreign element, the law of some other...
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