Session 5

Effects of Recognition,
Revocation, Withdrawal, and
Closure

 With Your help, Lord,

I will make better and faster decisions,

Knowing that You will not lead me astray.

I am con dent that,

Prayer By wanting what You want,

I need not worry about the outcome.

So I will live my life

Knowing that I am doing Your will.

Amen.
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 Pair Presentation (July 24, 2021)

Focus: Session 5
Mallorca, Armelie & Firman, Tricia. Yap v. Carreon (1965)

Khaung, Thu & Unay, Gabriel Mark. Cariño v. Capulong (1993)

Amora, Arlyn & Muñoz, Dennis. Review Center Association of the

Philippines v. Ermita (2009)

Sarabosquez, Aubrey & Dumadapat, Joann, The Board of Medical Eduction

v. Alfonso (1989)

Abendal, Arlyn. Capitol Medical Center, Inc. v. Court of Appeals (1989)

 Pair Presentation (July 24, 2021)

Focus: Session 5

Review Center Association of the Philippines v. Ermita, G.R. No. 180046 (April
2, 2009)

Yap v. Carreon,G.R. No. L-15706 (May 27, 1965)

Cari o v. Capulong, G.R. No. 97203 (May 26, 1993)

The Board of Medical Education v. Alfonso, G.R. No. 88259 (August 10, 1989)

Capitol Medical Center vs CA, G.R. No. L-82499 (October 13, 1989)
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 Higher Education Programs

Article X11 Section 54. Authority to Operate

No private higher education institution shall operate any degree

program without the approval of the Commission. The authority to
operate degree programs shall be applied for, and shall be granted by
the Commission in two different phases. For programs in the
undergraduate level, the grant of authority to operate consists of (a)
the Permit Phrase, and (b) Recognition Phase. For programs in the
graduate level, applications for authority to operate shall immediately
be for recognition.

 Higher Education Programs

Article X11 Section 60. Effects of the Disapproval/Denial of
Recognition

The disapproval or denial of an application for the Recognition of a degree program shall
have any or all of the following effects:

1. Closure of either the higher education institution or the degree program, for lack of
authority to operate;

2. In exceptional cases, issuance of special authority or permit to enable the higher

education institution to operate the degree program until the last curricular year, or
for a period of one academic year or term;

3. Disquali cation of the higher education institution from conferring any title or degree
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 Higher Education Programs

Article X11 Section 60. Effects of the Disapproval/Denial of
Recognition

3. Disquali cation of the higher education institution from conferring any title or
degree, or awarding any certi cate or degree to students enrolled in a non-
recognized degree program;

4. Disquali cation of the higher education institution from applying for another
authority or permit to operate another degree program;

5. Forfeiture of the permit or recognition bond, if any, led by the higher education
institution, in favor of the Government pursuant to existing rules and regulations; and

6. The payment of ne by the higher education institution as may be determined by the

Commission.
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 Higher Education Programs

Article X11 Section 61. Closure of a Program

The closure of any degree program offered by a certain higher

education institution may either be voluntary or involuntary. In any
case, the closure may be outright or done through phase-out process.
The institution shall remain obligated to furnish the necessary transfer
credentials and records to students affected by the closure.

 Higher Education Programs

Article X11 Section 61. Closure of a Program
1. Voluntary closure of a degree program through phase-out process,
when the higher education institution, for valid cause, on its own
initiative, chooses to close any of its programs offered through phase-
out process, provided that no freshman students shall be admitted for
enrollment beginning the school term the closure shall take effect;
provided further, that students that are already in the second, third,
and fourth year levels of the program shall be allowed to nish their
study until graduation, or to transfer to other institutions, at the
option of the student (s) and provided nally, that the Commission
shall be duly informed before the closure takes effect.

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 Higher Education Programs
Article X11 Section 61. Closure of a Program

2. Voluntary but outright closure of a degree program, when the

higher education institution, for valid cause, on its own initiative,
chooses the outright closure of any of its degree programs offered,
provided, that the higher education institution shall assist and
facilitate the immediate transfer of the students affected by the
closure, and provided further, that the Commission shall be duly
informed before the closure takes effect.

 Higher Education Programs

Article X11 Section 61. Closure of a Program

3. Involuntary closure of a degree program, when the higher

education institution, for just cause and after due process, orders
the phase-out or outright closure of a degree program by revoking
the permit or certi cate of recognition previously issued. The
Commission shall determine the grounds thereof.

In any case, the termination or closure of a degree program shall

be effected at the end of an academic year.
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 The two methods of voluntary closure are also applicable

to private elementary and/or high schools. It must be notes
that whether the closer was effected outright or through
the phase-out process, the school (elementary, high
school, college or university) shall remain obligated to
Note:
1. furnish the necessary transfer credentials and records
to students affected by the closure; and

2. cause the preservation of all students’ records by

submitting the same to the DepEd, CHED, TESDA, or
to the National Archives Of ce
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 Higher Education Programs

Article X11 Section 63. Actions for Revocation of Permit to
Operate of Recognition

Any action for closure or termination of a degree program must be in

accordance with existing policies and rules of the Commission and
applicable rules. Upon receipt of a veri ed complaint or petition for
revocation, the Commission may, when public welfare demands,
motu propio, order a higher education institution to cease and desist
from operating the degree program pending the outcome of the
compliant.

Xxx

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 Higher Education Programs
Article X11 Section 63. Actions for Revocation of Permit to
Operate of Recognition
The certi cate of recognition may also be revoked or reverted to a permit
for a period of one academic school year without prejudice to institution
of actions and imposition of appropriate sanctions against the responsible
higher education institution of cials, for any of the causes as follows:

1. Fraud or deceit committed by the institution in connection with the

application to the Commission for Government Permit or Government
Recognition;

2. Unauthorized operation of a new institution or branch, or a new

degree program or course of study, or any major components thereof;
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 Higher Education Programs

Article X11 Section 63. Actions for Revocation of Permit to
Operate of Recognition
3. Mismanagement or gross inef ciency in the operation of the institution or its
degree programs or courses of study;

4. Gross inef ciency of the academic personnel in the discharge of their

assigned functions;

5. Violation of approved standards governing institution advertisements or

announcements;

6. Violation of the constitutional prohibition on ownership and control of

education institutions, or the appointment of administrators who do not meet
the quali cation standards set by the Commission;
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 Higher Education Programs

Article X11 Section 63. Actions for Revocation of Permit to
Operate of Recognition
7. Operation or re-opening of a recognized degree program not operated for
more than two (2) academic years or more, without con rmation from the
Commission that all the minimum requirements or standards are still
complied with;

8. Transfer of the institution to a site or location detrimental to the operation of

its programs, or the transfer of which resulted to failure of the institution to
maintain compliance with minimum requirements for the operation of its
programs; and

9. Permission, approval, or commission of practices or activities that are contrary

to law, public policy, public order, or morals, or inimical to integrity of the
Philippine educational system.

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 Higher Education Programs
Article X11 Section 63 (6). Actions for Revocation of Permit
to Operate of Recognition

6. Violation of the consitutional prohibition on ownership and control

of education institutions, or the appointment of administrators who do
not meet the quali cation standards set by the Commission.

Article XlV, Section 4 (2) provides that “educational institutions, other

than those established by religious groups and mission boards, shall
be owned solely by citizens of the Philippines or corporations or
associations at least sixty per centrum of the capital of which is owned
by such citizens. xxx The control and administration of educational
institutions shall be vested in citizens of the Philippines.”
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 D.O. No. 88 s. 2010 Revised

Section 29. Permit and Recognition

Government authority which may be issued for the operation of

private schools in basic education shall be of two kinds: (a) permit and
(b) recognition. A permit for each year level or course shall be
effective for a period of school year. The permit issued to a school is
valid only for a speci c educational program and, while issed on a
school year basis shall remain valid until formally revoked by the
Department. On the other hand, government recognition for each year
level or course shall be for an inde nite period provided that the
requirements of law, rules and standards will be satis ed.
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 D.O. No. 88 s. 2010 Revised
Section 30. Permit and Recognition

Xxx The request shall be accompanied with a notarized feasibility study

covering comprehensively the following factors, supported with
suf cient evidence xxx

30.1. Failure to submit the desired feasibility study to support the request
for operation shall be ground for the outright disapproval of the same.
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 D.O. No. 88 s. 2010 Revised

Section 33. Effects of Recognition

The issuance of a Certi cate of Recognition to a school for a particular

educational program/course of study shall have the following effects:

a. It transforms the Permit to permanent authority for the school to operate the
course;

b. It entitles the school to give the students who have completed the course a
certi cate, title, diploma, or degree; and

c. It entitles graduates of recognized courses to all the bene ts and privileges

enjoyed by graduates of similar programs in all schools authorized by the
government.
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 D.O. No. 88 s. 2010 Revised

Section 34. Revocation/Withdrawal of Recognition

The closure of any program or course offered by a school may either be:

a. Voluntary, when the school for valid cause on its own initiative chooses
to terminate or close any of its programs or courses offered, provided
such closure is undertaken at the end of a school term, and provided
further that the school remains obliged to furnish the necessary transfer
credentials and records to the students affected by the closure; or

b. Involuntary, when the closure or termination is ordered by the

Department through the revocation/withdrawal of the permit or certi cate
of recognition previously issued for the program or course.

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 D.O. No. 88 s. 2010 Revised

Section 34. Revocation/Withdrawal of Recognition

Any action regarding revocation/withdrawal of the Certi cate of

Recognition must be for valid cause pursuant to existing laws and
Department regulations and after due process, and shall be subject to
the approval of the Regional Director. The valid causes must cite the
speci c instances of grace violations of Department regulations.

The schools must be informed by the Department in writing, by

registered mail, of the substantial de ciencies or cause for proposed
revocation and shall be required to explain and/or otherwise remedy
the de ciencies or violations within a reasonable period.
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 D.O. No. 88 s. 2010 Revised

Section 34. Revocation/Withdrawal of Recognition

The Certi cate of Recognition may be revoked after due process if the
circumstances so warrant, or reverted to a Permit to operate for a period of one
school year, for any of the following causes, without prejudice to instituting
appropriate actions and imposing appropriate sanctions against the responsible
school of cials;

a. Fraud or deceit committed by the school in connection with the application to

the Department for Government Permit or Government Recognition.

b. Unauthorized operation of a new school or branch, or a new program or course

of study, pr major components thereof.

c. Violation of DepEd Orders or regulations.

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 D.O. No. 88 s. 2010 Revised

Section 34. Revocation/Withdrawal of Recognition

Within sixty (60) days after receipt by the school of the notice of
revocation from the Department, the school may le a request for
reconsideration, indicating its responses to the speci c adverse ndings
of the Department which led to the revocation.

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 D.O. No. 88 s. 2010 Revised
Section 35. Automatic Cancellation of Recognition

Government recognition not operated for more

than one (1) year is deemed automatically
cancelled.

 D.O. No. 88 s. 2010 Revised

Section 36. Reopening Under Permit Status

A school with a cancelled recognition caused by

its failure to operate for more than one (1) school
year may reopen under permit status provided,
however, that the department rules and prescribed
standards have been complied with by the school
concerned.

 D.O. No. 88 s. 2010 Revised

Section 37. Transfer of School to Another Location

The government recognition of a school which is

transferred to another location is deemed cancelled.
Provided however, that the government recognition
may be retained, as an exception if the new site and
campus school buildings and quarters are found to
be much better than the former, and if all other
standards have been satisfactorily maintained.

 D.O. No. 88 s. 2010 Revised

Section 40. Restoration of a Revoked Recognition

A revoked government recognition for a private school may be

restored when the basis for such revocation no longer exists, all
requirements having been met and after the school has
conformed with the department rules and prescribed standards;
provided, that the school concerned shalll resume operations
under permit status for one school year. Government recognition
may be restored after one (1) school year of satisfactory operation
of the course under permit in terms of administration and
management, instruction and all over requirements of the
Department.

 D.O. No. 88 s. 2010 Revised

Section 43. Closure of Schools
The closure of any program or course offered by a school may be either:

a. Voluntary, when the school for valid cause and on its own initiative
chooses to terminate or close any of its programs or courses offered,
provided such closure is undertaken at the end of a school term and
provided further that the school remains obliged to furnish the
necessary transfer credentials and records to the students affected by
the closure, or

b. Involuntary, when the closure or termination is ordered by the

Department through the revocation/withdrawal of the permit or
certi cate of recognition previously issued for the program or course.
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 D.O. No. 88 s. 2010 Revised

Section 43. Closure of Schools
43.1 Withdrawal/Revocation of Recognition. Any action regarding withdrawal/
revocation of recognition must:

a. Be for valid cause pursuant to existing law;

b. Observe due process where the school concerned, through its head, must
be informed by the Regional Director in writing by registered mail of the
de ciencies and required to explain the violation within a reasonable
period; and

c. Be dure to failure of the school concerned to correct the de ciencies, and/or

to explain satisfactorily the violation after having been given a reasonable
period to do so.
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 D.O. No. 88 s. 2010 Revised
Section 43. Closure of Schools

43.2 A private school which has not been granted

government recognition after more than ve (5)
renewal permits may be subject to closure.

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 D.O. No. 88 s. 2010 Revised
Section 43. Closure of Schools

43.3 The Regional Director, after a thorough investigation and

recommendation of the Schools Division Superintendent, may declare a
private school temporarily closed when:

a. No students are enrolled therein;

b. The school buildings are destroyed or have been declared dangerous to

life;

c. The entire school building and site houses refugees from calamities; and

d. There is no peace and order in the community.

 D.O. No. 88 s. 2010 Revised

Section 44. Dissolution of a School

The dissolution and subsequent liquidation of a

school shall conform in any case to the provisions
of the Corporation Code of the Philippines on the
dissolution of corporations.

-End of the Session-