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PACCU V Sec of Education
PACCU V Sec of Education
Section 6
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
college. minimum standards required of law, medical,
dental, giving instruction of a technical, vocational or
professional character.
PACCUs claims
uncontrolled discretion of the Secretary of Education or his
department, giving him power to fix the standard
ISSUES: WON the Secretary of Education was given unlimited power to fix
the standards of the statute (undue delegation of legislative powers)
RULING + RATIO: No. Secretary of Education has the power to fix
minimum standards of the statute
Section 1 and 6 of Act No. 2706 authorizes the Secretary of Education the
power to prescribe rules that fix the MINIMUM STANDARDS OF
ADEQUATE AND EFFICIENT INSTRUCTION to be observed by all private
schools and colleges as may be permitted to operate.
Despite such alleged vagueness (as contended by PACCU) of the
provisions, the Secretary of Education has fixed standards to ensure
adequate and efficient instruction as reflected by the memoranda fixing or
revising curricula, the school calendars, entrance and final examinations,
admission and accreditation of students etc. (Section 6).
Also, the fact that Act No. 2706 - giving the Department of Education the
power to supervises and regulates all private schools in the country, has
been exercising such power for the past 37 years without any protests from
the public shows that the Legislature did and could, validly rely upon
the educational experience and training of those in charge of the
DepEd to ascertain and formulate minimum requirements of adequate
instruction as the basis of government recognition of any private
school.
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.