The individual faculty member has the freedom to pursue his studies in his particular specialty and thereafter to make known or publish the result of his endeavors without fear that retribution would be visited on him in the event that his conclusions are found distasteful or objectionable to the powers that be, whether in the political, economic, or academic establishments. In contrast, the University has the academic freedom to determine for itself on academic grounds who may teach, what may be taught, how it shall be taught, and who may be admitted to study. As a corporate body, the University has entrusted to its academic staff the de facto control of its function of admission and examination of students. Petitioners now claim to be in charge of that function with respect to fixing the admission requirements in the college. We disagree. Under the UP Charter, the power to fix admission requirements is vested in the University Council of the autonomous campus which is composed of the President of the University of the Philippines and of all instructors holding the rank of professor, associate professor or assistant professor (Section 9, Act 1870). Consequently, the UC alone has the right to protest against any unauthorized exercise of its power. Petitioners cannot impugn these BOR directives on the ground of academic freedom inasmuch as their rights as university teachers remain unaffected. As succinctly explained by the appellate court:
Under the UP Charter, the power to fix the requirements for admission to any college of the university is vested in the University Council (Sec. 9). The power to prescribe the courses of study is vested in the University Council subject to the approval of the Board of Regents (Sec. 9). The power to appoint the academic staff, fix their compensation, hours of service and other conditions is vested in the Board of Regents [Sec. 6(e)]. The power to allocate the income among the different categories of expenditures is vested in the Board of Regents [Sec. 6(a)].
Academic freedom may be asserted by the University Council or by the Board of Regents or both in so far (sic) as it relates to the functions vested in them by law which are essential to institutional academic freedom.
The academic freedom claimed by the faculty to have been violated by the Board of Regents when it issued the questioned order is related to the right of the University to fix admission requirements. This right and power to fix admission requirements is clearly vested by law in the University Council. The College Faculty was merely empowered by the Board of Regents under Article 324 of the University Code to initially determine the admission requirements, subject to the approval of the University Council and the President of the University.
The questioned order of the Board of Regents in upholding the admission requirement approved by the University Council in 1986 is supportive of right of the University Council to fix or approve admission requirements, against the UPCM faculty and Dean who changed the admission requirements approved by the University Council without following the prescribed rules and procedures of the University.
One final note. While We recognize and affirm the BOR's power of governance in the instant petitions, We, however, can not give Our imprimatur to its claim of plenary power over admission requirements. Such claim has no basis in law. The UC has the final say in admission requirements provided the same conforms with law, rules and regulations of the university. In the event the power is abused or misused, it becomes the duty of the BOR, being the highest governing body in the university, to step in and to correct the anomaly. (Reyes vs. CA, G.R. No. 94961, February 25, 1991)
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