Philippine Association of Colleges and Universities Vs Secretary of Education, 97 Phil 806 Case Digest (Administrative Law)

Adminstrative Law
Arellano Univeristy School of Law

aiza ebina/2015
PHILIPPINE ASSOCIATION OF COLLEGES AND UNIVERSITIES vs SECRETARY OF EDUCATION

97 Phil 806
Sufficiency of Standards
FACTS: The petitioning colleges and universities request that Act No. 2706 as amended by Act No. 3075
and Commonwealth Act No. 180 be declared unconstitutional, because: (a) They deprive owners of schools
and colleges as well as teachers and parents of liberty and property without due process of law; (b) They
deprive parents of their natural rights and duty to rear their children for civic efficiency; and (c) Their
provisions conferring on the Secretary of Education unlimited power and discretion to prescribe rules and
standards constitute an unlawful delegation of legislative power.
This attack is specifically aimed at section 1 of Act No. 2706 which, as amended, provides:
It shall be the duty of the Secretary of Public Instruction to maintain a general standard of efficiency in all
private schools and colleges of the Philippines so that the same shall furnish adequate instruction to the
public, in accordance with the class and grade of instruction given in them, and for this purpose said
Secretary or his duly authorized representative shall have authority to advise, inspect, and regulate said
schools and colleges in order to determine the efficiency of instruction given in the same,
"Nowhere in this Act" petitioners argue "can one find any description, either general or specific, of what
constitutes a 'general standard of efficiency.' Nowhere in this Act is there any indication of any basis or
condition to ascertain what is 'adequate instruction to the public.' Nowhere in this Act is there any
statement of conditions, acts, or factors, which the Secretary of Education must take into account to
determine the 'efficiency of instruction.'"
The attack on this score is also extended to section 6 which provides:
The Department of Education shall from time to time prepare and publish in pamphlet form the minimum
standards required of primary, intermediate, and high schools, and colleges granting the degrees of
Bachelor of Arts, Bachelor of Science, or any other academic degree. It shall also from time to time prepare
and publish in pamphlet form the minimum standards required of law, medical, dental, pharmaceutical,
engineering, agricultural and other medical or vocational schools or colleges giving instruction of a
technical, vocational or professional character.
Petitioners reason out, "this section leaves everything to the uncontrolled discretion of the Secretary of
Education or his department. The Secretary of Education is given the power to fix the standard. In plain
language, the statute turns over to the Secretary of Education the exclusive authority of the legislature to
formulate standards."
ISSUE: Whether or not Act No. 2706 confer on the Secretary of Education unlimited power and discretion
to prescribe rules and standards thereby constituting an invalid delegation of legslative power
RULING: No. It is quite clear the two sections empower and require the Secretary of Education to prescribe
rules fixing minimum standards of adequate and efficient instruction to be observed by all such private
schools and colleges as may be permitted to operate. The petitioners contend that as the legislature has
not fixed the standards, "the provision is extremely vague, indefinite and uncertain"and for that reason
constitutionality objectionable. The best answer is that despite such alleged vagueness the Secretary of
Education has fixed standards to ensure adequate and efficient instruction, as shown by the memoranda
fixing or revising curricula, the school calendars, entrance and final examinations, admission and
accreditation of students etc.; and the system of private education has, in general, been satisfactorily in
operation for 37 years. Which only shows that the Legislature did and could, validly rely upon the
educational experience and training of those in charge of the Department of Education to ascertain and
formulate minimum requirements of adequate instruction as the basis of government recognition of any
private school.
Indeed "adequate and efficient instruction" should be considered sufficient, in the same way as "public
welfare" "necessary in the interest of law and order" "public interest" and "justice and equity and
substantial merits of the case" have been held sufficient as legislative standards justifying delegation of
authority to regulate.
RATIO: The power to fix minimum standards for adequate and efficient instruction may be delegated.
"Adequate and efficient instruction" is a sufficient standard.
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Philippine Association of Colleges and Universities Vs Secretary of Education, 97 Phil 806 Case Digest (Administrative Law)

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Adminstrative Law

Arellano Univeristy School of Law

PHILIPPINE ASSOCIATION OF COLLEGES AND UNIVERSITIES vs SECRETARY OF EDUCATION

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