Practice question
A higher-education institution lawfully selects qualified faculty through its authorized process. A regulator demands dismissal solely because the teachers lack a preferred political affiliation, conceding that no law, valid academic standard or disciplinary basis supports the demand. The institution invokes academic freedom. Which analysis is best?
- Political preference automatically creates unlimited regulatory power.
- The demand directly intrudes on the recognized institutional choice of who may teach, without the lawful basis stipulated absent.
- Only students can ever possess any academic-freedom interest.
- Academic freedom requires every faculty appointment to be hereditary.
- The institution is immune from all labor and civil-service laws in every case.
Legal references
- Ateneo de Manila University v. Capulong, G.R. No. 99327, May 27, 1993, main decision: https://lawphil.net/judjuris/juri1993/may1993/gr_99327_1993.html
- 1987 Constitution, Article XIV, Section 5(2)-(3): https://lawphil.net/consti/cons1987.html
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