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    The Supreme Court ruled that the decision in Ariel Non et al vs. Hon Dames should not be applied retroactively. The Court affirmed the general rule that when an old doctrine is overruled, the new doctrine only applies prospectively to avoid unfairly affecting those who relied on the previous ruling. In this case, the school relied on the old ruling of Alcuaz that allowed them discretion over student re-enrollment, so the subsequent Non decision could not be used against their actions. The Civil Code also provides that laws and judicial decisions generally do not apply retroactively unless otherwise stated.

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    The Supreme Court ruled that the decision in Ariel Non et al vs. Hon Dames should not be applied retroactively. The Court affirmed the general rule that when an old doctrine is overruled, the new doctrine only applies prospectively to avoid unfairly affecting those who relied on the previous ruling. In this case, the school relied on the old ruling of Alcuaz that allowed them discretion over student re-enrollment, so the subsequent Non decision could not be used against their actions. The Civil Code also provides that laws and judicial decisions generally do not apply retroactively unless otherwise stated.

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    © All Rights Reserved
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    137 views1 page

    Unciano Paramedical College Inc

    Uploaded by

    DNAA
    The Supreme Court ruled that the decision in Ariel Non et al vs. Hon Dames should not be applied retroactively. The Court affirmed the general rule that when an old doctrine is overruled, the new doctrine only applies prospectively to avoid unfairly affecting those who relied on the previous ruling. In this case, the school relied on the old ruling of Alcuaz that allowed them discretion over student re-enrollment, so the subsequent Non decision could not be used against their actions. The Civil Code also provides that laws and judicial decisions generally do not apply retroactively unless otherwise stated.

    Copyright:

    © All Rights Reserved
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    of 1

    UNCIANO PARAMEDICAL COLLEGE INC. v. COURT OF APPEALS G.R. No. 100335, April 7, 1993 J.

    NOCON

    Doctrine: Settled is the rule that when a doctrine of the Supreme Court is overruled and a different view
    is adopted, the new doctrine should be applied prospectively, and should not apply to parties who had
    relied on the old doctrine and acted on the faith thereof.

    Facts: Elena Villegas and Ted Magallanes were students of Unciano Paramedical College Inc. for the first
    semester of school year 1989-1990. After their first term, they were no longer allowed to enroll due to
    allegedly being members of National Union of Students of the Philippines and League of Filipinos
    Officers which they organized, despite prohibition of organizing such group. Petitioner cited that the
    private respondents upon organizing the alleged student group, they violated the regulation of the
    school, such violation will equate to the denial of their application for re- enrollment. Private
    respondent filed a petition on April 16, 1990 , against Unciano. Petitioner, Unciano, argued the ruling in
    Alcuaz (1988), that schools have the discretion to admit students for the second semester, and that the
    contract for the first semester is only for that period. The RTC issued a temporary restraining order
    against the Uniciano and a motion for reconsideration was filed but denied. On appeal, private
    respondent refuted the argument of Villegas and Magallanes that since in a more recent case of Ariel
    Non, et al. vs. Hon. Sancho Dames promulgated in 1990 (May 1990) (185 SCRA 523), the Supreme Court,
    abandoned and overruled its decision in Alcuaz since it was promulgated later when the contract has
    already been terminated. Thus, it cannot apply retroactively.

    Issue: Whether the ruling in the case of Ariel Non et al vs. Hon Dames be applied retroactively?

    Ruling: No. Settled is the rule that when a doctrine of this Court is overruled and a different view is
    adopted, the new doctrine is applied prospectively, and should not apply to parties who relied on the
    old doctrine and acted on the faith thereof. Under Article 4 of the New Civil Code, Laws shall have no
    retroactive effect, unless the contrary is provided. Furthermore, Under Article 8 of the New Civil Code
    states that Judicial decision applying or interpreting the laws or constitution shall form a part of the legal
    system. Thus, since judicial decisions are laws it shall not have retroactive effect unless otherwise
    provided

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