BVR CONSULTING INC
  • HOME
  • OUR SERVICES
    • BUSINESS REGISTRATION
    • BACK OFFICE SUPPORT SERVICES
    • I.T. SOLUTIONS
    • BUSINESS PROCESS OUTSOURCING
    • PAYROLL SERVICES
    • TRAININGS & SEMINARS
    • AUDIT
    • TAX COMPLIANCE & ACCOUNTING
    • ADVISORY
  • BVR ACCOUNTING
    • TAX COMPLIANCE & ACCOUNTING
    • ADVISORY
    • AUDIT
    • TRAININGS & SEMINARS
  • CONTACT US
  • ARTICLES
    • TESTIMONIALS
    • BLOG
  • ONLINE TAX PREPARATION

a collections of case digests and laws that can help aspiring law students to become a lawyer. 
this webpage is
 primarily designed to assist students of law in their studies. It is merely a tool. The use of our Services does not guarantee success in obtaining a law degree nor in passing the Bar Exams. we makes no warranties or representations of any kind, whether expressed or implied for the Services provided. The cases, laws, and other publications found in this site are of public domain, collected from public sources such as the Supreme Court online library. The content however have been heavily modified, formatted, and optimized for better user experience, and are no longer perfect copies of their original. we gives no warranty for the accuracy or the completeness of the materials. This site also contains materials published by the students, professors, lawyers, and other users of the our Services. 


UP BOR v CA GR 134625`

6/18/2020

0 Comments

 
ISSUE:  Whether or not Arokiaswamy William Margaret Celine was deprived of her right to substantive due process. 

FACTS: 
Respondent Arokiaswamy William Margaret Celine enrolled in the doctoral program in Anthropology of the UP CSSP Diliman. She already completed the units of course work required and finished her dissertation and was ready for oral defense. After going over her dissertation, Dr. Medina informed CSSP Dean Paz that she committed plagiarism. However, respondent was allowed to defend her dissertation. Four out of the five panelists gave a passing mark except Dr. Medina. UP held meeting against her case and some of the panels indicated disapproval. Hence, she expressed her disappointments over the CSSP administration and warned Dean Paz. However, Dean Paz request the exclusion of Celine’s name from the list of candidates for graduation but it did not reach the Board of Regents on time, hence Celine graduated. Dr. Medina formally charged private respondent with plagiarism and recommended that the doctorate granted to her be withdrawn. Dean Paz informed private respondent of the charges against her. CSSP College Assembly unanimously approved the recommendation to withdraw private respondent's doctorate degree. The Board sent her a letter indicating that they resolved to withdraw her Doctorate Degree recommended by the University Council. She sought an audience with the Board of Regents and/or the U.P. President, which request was denied by President Hence, Celine then filed a petition for mandamus with a prayer for a writ of preliminary mandatory injunction and damages, alleging that petitioners had unlawfully withdrawn her degree without justification and without affording her procedural due process. 

DECISION: 
Dismissed 

RATIO DECIDENDI: 
No. Respondent Arokiaswamy William Margaret Celine was indeed heard several times. Several committees and meetings had been formed to investigate the charge that private respondent had committed plagiarism and she was heard in her defense. In administrative proceedings, the essence of due process is simply the opportunity to explain one's side of a controversy or a chance seek reconsideration of the action or ruling complained of. A party who has availed of the opportunity to present his position cannot tenably claim to have been denied due process. In the case at bar, Celine was informed in writing of the charges against her and given opportunities to answer them. She was asked to submit her written explanation which she submiited. She, as well, met with the U.P. chancellor and the members of the Zafaralla committee to discuss her case. In addition, she sent several letters to the U.P. authorities explaining her position. It is not tenable for private respondent to argue that she was entitled to have an audience before the Board of Regents. Due process in an administrative context does not require trial-type proceedings similar to those in the courts of justice. It is noteworthy that the U.P. Rules do not require the attendance of persons whose cases are included as items on the agenda of the Board of Regents.  
0 Comments



Leave a Reply.

    Archives

    September 2024
    August 2024
    May 2024
    December 2023
    July 2023
    June 2023
    May 2023
    January 2023
    December 2022
    August 2022
    July 2022
    June 2022
    March 2022
    February 2022
    January 2022
    December 2021
    November 2021
    October 2021
    September 2021
    July 2021
    June 2021
    May 2021
    January 2021
    December 2020
    November 2020
    October 2020
    September 2020
    August 2020
    July 2020
    June 2020
    April 2020
    March 2020
    October 2019
    September 2019
    August 2019
    March 2018

    Categories

    All
    Agrarian Law
    Articles-of-incorporation
    By-laws
    Constitutional Law
    Criminal Law
    Law
    Persons And Family Relations

    RSS Feed

Powered by Create your own unique website with customizable templates.
  • HOME
  • OUR SERVICES
    • BUSINESS REGISTRATION
    • BACK OFFICE SUPPORT SERVICES
    • I.T. SOLUTIONS
    • BUSINESS PROCESS OUTSOURCING
    • PAYROLL SERVICES
    • TRAININGS & SEMINARS
    • AUDIT
    • TAX COMPLIANCE & ACCOUNTING
    • ADVISORY
  • BVR ACCOUNTING
    • TAX COMPLIANCE & ACCOUNTING
    • ADVISORY
    • AUDIT
    • TRAININGS & SEMINARS
  • CONTACT US
  • ARTICLES
    • TESTIMONIALS
    • BLOG
  • ONLINE TAX PREPARATION